PREFERRED TERMS OF SERVICE
Effective Date: 1 February 2005
These Preferred Terms of Service ("Terms of Service" or "Terms") constitute a legally binding agreement between CryptOut ATM Express South Africa Proprietary Limited, and its affiliates (collectively, "CryptOut", "Company", "us", "we" or "our") and the users ("Customer", "you" or "your"), collectively (the "Parties"), in relation to your use of CryptOut's ATM-based cryptocurrency services (the "Services").
These Terms govern your access to and use of CryptOut's cryptocurrency ATMs located across South Africa. By accessing or using the Services, you confirm that you understand and agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT LEGAL INFORMATION REGARDING YOUR RIGHTS, OBLIGATIONS, AND LIMITATIONS WHEN USING THE SERVICES.
1. ELIGIBILITY AND REGULATORY COMPLIANCE
1.1 In terms of South Africa's Financial Intelligence Centre Act, 2001 ("FICA"), CryptOut is required to obtain, verify, and record information that identifies each customer using our Services. When you request to use a CryptOut ATM, you may be required to provide your full name, address, date of birth, identification document (e.g., driver's licence or ID book), and any other information or documentation necessary to verify your identity and to comply with FICA. This information may be requested again at our discretion.
1.2 If you are under 18 years of age, or under the age of majority in your jurisdiction, you may not use the Services.
1.3 You must only use your own cryptocurrency wallet for all transactions. You may not use a wallet that is owned by any third party.
1.4 CryptOut may refuse, limit, or restrict any transaction or service if we are unable to verify your information or if suspicious or unlawful activity is suspected.
2. TRANSACTIONS
2.1 Transactions may only be conducted in South African Rand (ZAR) and are limited by daily, weekly, and monthly FICA transaction caps. These may be adjusted at any time at the discretion of CryptOut or in accordance with regulatory requirements.
2.2 All transactions are final, non-refundable, and irreversible once confirmed.
2.3 Customers are solely responsible for ensuring the accuracy of the cryptocurrency address they provide when purchasing cryptocurrency via a CryptOut ATM. CryptOut accepts no liability for errors or losses resulting from incorrect address submissions.
3. HOSTS AND DISTRIBUTORS
CryptOut works with hosts and distributors of cryptocurrency ATMs. Hosts and distributors who partner with CryptOut will be required to enter into separate signed agreements which define their roles, responsibilities, and applicable remuneration.
Hosts may elect between two options:
- Replenish the ATM with cash themselves.
- Allow CryptOut to manage replenishment services on their behalf.
All terms relating to commissions, operational obligations, and service levels will be governed by individual contracts.
4. FEES
4.1 Each ATM transaction includes a Transaction Fee and a Network Fee. These are included in the exchange rate presented to you prior to completing your transaction. By proceeding with the transaction, you confirm your acceptance of these fees.
4.2 The Transaction Fee is calculated as a percentage over the market rate.
4.3 The Network Fee reflects blockchain transaction costs and may vary depending on current network congestion.
4.4 CryptOut uses CoinAPI or other sources to determine the cryptocurrency market price.
5. RISK DISCLOSURE
5.1 Cryptocurrencies are not legal tender and are not backed by any government.
5.2 The value of cryptocurrencies is volatile and may change significantly. You assume all risks associated with purchasing, selling, or holding cryptocurrencies.
5.3 Transactions are irreversible. CryptOut is not liable for any loss resulting from theft, user error, or market volatility.
6. ACCOUNT SECURITY
6.1 You are responsible for maintaining the confidentiality of any personal access credentials.
6.2 If you believe your personal information or wallet access has been compromised, you must notify us immediately at +27 82 592 2966.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
7.1 CryptOut shall not be liable for any indirect, incidental, special or consequential damages arising out of or in connection with your use of the Services.
7.2 CryptOut shall not be responsible for technical issues, third-party wallet errors, internet connectivity problems, or interruptions in Services.
7.3 CryptOut is not liable for losses due to market fluctuation, transaction delays, incorrect wallet information, or blockchain network failures.
8. MODIFICATIONS TO TERMS
8.1 CryptOut reserves the right to amend these Terms at any time. Updated Terms will be posted on our official website and will apply prospectively.
8.2 Continued use of the Services after such changes constitutes acceptance of the revised Terms.
9. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
10. CONTACT DETAILS
CryptOut ATM Express South Africa Proprietary Limited
3 Companion Lane, Klein Leeukoppie Estate
Bishop Rd, Cape Town 8001, South Africa
support@cryptoutatmexpress.com