Terms of Service

Last Revised: September 13, 2022

Please read these Terms of Service (" Agreement" or " Terms") carefully. Your use or access of the ATM or Website (as defined below) constitutes your consent to this Agreement. This Agreement is between you and Bitcoin Mart Ltd. (" Bitcoin Mart"), together with its subsidiaries and affiliates, (" Bitcoin Mart", " we", " our" or " us"), which hosts the Bitcoin Mart Website (" Website") and operates our automated teller machine kiosks (" ATM") currently available at www.thebitcoinmart.ca and applies to your use of the ATM or Website. The purchase and/or sale of virtual currency through the ATM and any use of the Website are each a " Service".

We provide a simple buying experience of digital currency for customers (" customers" or " you" or " your") through our ATMs. Users (" User") of the ATM to purchase and/or sell virtual currencies such as bitcoin.

When you use Bitcoin Mart Service, you understand that you are instructing Bitcoin Mart to purchase and/or sell digital currency (as the case may be) in exchange for fiat currency (i.e. "cash money") and to transfer that digital currency to or from a digital wallet address that you input into the ATM. You understand and agree that you are responsible to conduct your own due diligence regarding any transaction, including identification and verification of the intended recipient, and that any failure to verify the recipient is your sole and exclusive responsibility, and is not the responsibility of Bitcoin Mart. In consideration for providing the Services, Bitcoin Mart charges a Service fee. The amount of service fee we apply varies depending on several factors and the transaction.

General Information

Bitcoin Mart is a registered Money Services Business (" MSB") subject to regulation under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act Canada and as such has compliance obligations including client identification, record keeping and reporting. Bitcoin Mart reserves the right to require that you provide identifying information, including KYC information, details regarding source of funds or supporting documentation in connection with your use of the Services. Sharing your user access credentials is expressly prohibited and will result in immediate cancellation of your access. Bitcoin Mart reserves the right in its sole discretion to refuse a transaction, cancel your access to the Services and prohibit you from using our Services indefinitely. Bitcoin Mart may do so without providing reason or explanation.

In order to use the Services, you must be at least eighteen (18) years old, and a Canadian citizen or permanent resident, and residing in Canada at the time you are making purchases. You do not require an account in order to use the Services, however, in order to make purchases at the ATM, you will be required to submit a mobile/digital wallet where we can send your digital coin and a valid Canadian cell phone number registered with a major Canadian carrier in order to authenticate the transaction. You will be required to submit to identify verification in accordance with 'know your client' (" KYC") requirements under the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations Canada at specific transaction thresholds.

Authentication

You agree that in order to access the Services, you may be required to provide identifying information which may include, but not be limited to your name, address, date of birth, driver's license, or other government-issued picture ID (" Personal Information"). You further authorize Bitcoin Mart directly, or through third parties to make any inquiry Bitcoin Mart deems necessary to verify and validate your identity. For use of the Services on the Website, you may also be required to submit your email address, mobile wallet address, and your cellular phone number. Users may be required to undergo a verification process to verify identity and determine eligibility to use the Services before a transaction can be completed. Your use of the Services may be delayed during the verification process, and you agree that Bitcoin Mart has no responsibility for any loss, delay or other potential or actual harm relating to completion of that process. In the event you are required to provide identifying information or other information and fail to do so, you may be denied access to the Services. Bitcoin Mart reserves the right to refuse to process any transaction at any time, if in our sole discretion, we believe you are or may use the Services for any criminal or illegal activities. In the event that a User fails the initial verification process, Bitcoin Mart reserves the right to request identifying information in order to authenticate a User.

User Acknowledgement

By accessing or using the Services, you agree and acknowledge that:

The purchase and sale of any digital currency is a high-risk activity. Digital currencies are subject to unpredictable price fluctuations and the purchase or sale of digital currencies may result in partial or complete loss of funds. As a condition of using our Services, you agree to assume all risk associated with the purchase, sale, trade or exchange of digital currencies and further agree that you will not hold Bitcoin Mart liable for the loss of any funds, either fiat or digital, incurred as a result of using our Services. If you do not agree, do not use Bitcoin Marts' Services;
Bitcoin and other digital currencies are not currently considered legal currency;
Bitcoin Mart is not a bank, credit union, trust, or any other kind of financial institution. It is not a deposit taking institution and does not accept deposits from Users, we merely provide a platform through which Users can purchase digital currencies;
Bitcoin Mart does not provide securities, investment contracts, or any other document or financial instrument considered at law to be a "security", and the Services we provide do not constitute trading, purchase, sale or exchange in securities, investment contracts or any other document or financial instrument considered to be a "security" at law;
Bitcoin Mart, in its sole discretion, may impose limits on the number of transactions and amount of each transaction; and,
Bitcoin Mart transactions at the ATM are final and non-refundable. The fiat currency inserted into the ATM is non-refundable.
No government agencies or quasi-governmental agencies demand payment by digital currency. Bitcoin Mart further prohibits you from knowingly or unknowingly acting on behalf of, or on the instructions of, a third party. You are solely responsible to verify the recipient of any digital currency or fiat currency that you instruct Bitcoin Mart to deliver while using a Service. With respect to ATM transactions, you are aware of and have read any warning(s) affixed to or displayed on the ATM and, having read those warnings, completed a transaction at your own discretion, and not on the instructions of a known or unknown third party.

Bitcoin Mart reserves the right to choose to accept or refuse any method of payment, at any time, at its sole discretion. In cases where Bitcoin Mart accepts payments via any third-party payment processing service (" PPS"), the User agrees that the use of a PPS is subject to the terms and conditions as agreed to solely between the User and that PPS. Bitcoin Mart is not a party to any terms of service between the User and PPS. Bitcoin Mart is not responsible or liable in any way for any losses, claims, damages, costs, expenses, injuries to person or property, or any other claim arising in connection with the User's relationship with a PPS, including their use of your personal information. In cases where a PPS may, in certain circumstances charge a foreign exchange fee, such fee is the User's responsibility to pay.

Digital Currency Exchange Rate

When you make a purchase of digital currency, we will convert your fiat currency into digital currency and deposit your purchased digital currency into your mobile wallet. Bitcoin Mart does not set the exchange rate or purchase price for the digital currencies that can be purchased using the Services. Bitcoin Mart uses third-party providers to determine the exchange rate of digital currency at the time of each transaction. Rates are determined by many factors, including but not limited to market demand, and Users acknowledge that prices for digital currencies fluctuate on a daily basis. Bitcoin Mart does not guarantee any rate or purchase price at any time.

You understand and agree that all transaction with the ATM are final, and non-refundable. In a case where a User has a dispute with the recipient of digital currency, that dispute is between the User and the third-party recipient. You agree that Bitcoin Mart has no liability in respect of your transfer of digital currency to a third-party, and that you are solely responsible to pursue recovery of any disputed funds from the third-party.

No promise of value of digital assets

The value of your digital asset could fall significantly or become worthless if prices decline, exchange rates (including exchange rates to fiat) become less favorable, or other market volatility events occur. Buying and selling digital assets is inherently risky, and the price of digital assets is subject to significant volatility and can vary across decentralized exchanges and centralized exchanges.

No guarantee of continuous access to Services

We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Website may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions.

Security of your Account and Wallet

We are not an insured financial institution. As a result, unlike funds held in most banks or credit unions, amounts displayed through the Services are not insured against loss.

Furthermore, Bitcoin Mart is a non-custodial ATM digital asset convertor. As such, we do not know nor have access to the private keys of the digital asset wallets you use in connection with the Services (" Wallets"). Therefore, you are exclusively responsible for maintaining the confidentiality and security of your Wallets or devices you use to access the Services. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

You are also responsible for maintaining the security of the digital asset wallets you utilize in connection with the Services, and for ensuring that no unauthorized person has access to your wallet files, its private keys, or any device that you utilize in connection with the Services. We will not be liable for any loss or damage arising from your failure to protect your Wallets.

Regulatory risks

The Services and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Bitcoin Mart to continue to make available its Services and, thus, could impede or limit your ability to access or use the Services.

Quantum computers

You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the Services, and could result in the theft or loss of your digital assets.

Restrictions on User Content and Use of Service

Bitcoin Mart reserves the right at all times (but has no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of our users and the public.

In using the Services, you shall not:

Use the Website and/or Service in violation of the terms of this Agreement, including in violation of the eligibility requirements;
Use the Website and/or Service for any illegal, criminal and/or fraudulent purpose;
Copy any content unless expressly permitted to do so herein;
Upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful or ethically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have the right to make available under any law or a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of the Services that compromises a user's privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading or deceptive, or any material that could damage or harm minors in any way;
Impersonate any person or entity or misrepresent their affiliation with a person or entity, including but not limited to Bitcoin Mart personnel;
Interfere with, damage, harm obstruct, deface, modify, disconnect or otherwise deal with an ATM in any manner whatsoever other than for the purpose of conducting a transaction;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
Collect or store personal data about other users or viewers;
License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
Modify, translate make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
Register for the Service on behalf of a group or corporate entity.

Bitcoin Mart reserves the right, in our sole discretion to restrict, suspend or terminate your account and/or use of Services if we discover or have good faith reason to believe you have violated any of these terms of service.

Restricted Jurisdictions

The Services are subject to all applicable export control restrictions, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if you are (i) a resident, national or agent of Crimea, Cuba, Iran, North Korea, Syria or any other country or region to which the United States or Canada embargoes goods or imposes similar sanctions (" Restricted Jurisdictions"); (ii) a resident, national or agent of the United States of America; (iii) a member of any sanctions list or equivalent maintained by the United States or Canadian government (" Restricted Persons"); or (iv) you intend to transact with any Restricted Jurisdictions or Restricted Persons.

Reservation of Rights

You have no right, title, or interest in or to the Services or to any content on the Services, and all rights not expressly granted are reserved by Bitcoin Mart. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Content

All information, data, text, software, messages or other materials, whether publicly posted or privately transmitted to the ATM or Website by Users (" User Content"), is the sole responsibility of such Users. This means that the User, and not Bitcoin Mart, are solely and entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Bitcoin Mart does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Bitcoin Mart be liable in any way for any materials, including, but not limited to, any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

By submitting or displaying User Content on or through the ATM, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Bitcoin Mart will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content you submit.

Except for User Content, the ATM or Website, and the information and materials that it contains, are the property of Bitcoin Mart and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to terms of this Agreement, Bitcoin Mart grants you a non-transferable, non-exclusive, license to: (a) use the ATM or Website for your personal use (" License"). Nothing in the Terms give you a right to use the Bitcoin Mart name, trademark, logo, domain name, and other brand features without our prior written consent. Any future release, update, or other addition to functionality of the ATM or Website shall be subject to the terms of these Terms.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS

THE ATM AND WEBSITE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." BITCOIN MART SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.

BITCOIN MART MAKES NO WARRANTIES ABOUT THE PRICE OR AVAILABILITY OF ANY DIGITAL CURRENCY.

BITCOIN MART DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND BITCOIN MART SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. BITCOIN MART WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ANY INFORMATION AVAILABLE ON THE WEBSITE OR APPS OR THROUGH THESE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON OUR WEBSITE, APPS OR SERVICE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ANY KIND OF ADVICE, INCLUDING, BUT NOT LIMITED TO LEGAL, INVESTMENT, TAX, ACCOUNTING OR FINANCIAL ADVICE.

LIMITATION OF LIABILITY

TRADING, STORING, DEALING, PURCHASING, SELLING AND OTHERWISE USING DIGITAL CURRENCIES COMES WITH SUBSTANTIAL AND INHERENT RISKS. IN REGISTERING FOR AN ACCOUNT AND USING OUR SERVICES YOU AGREE THAT BITCOIN MART IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR CHANGES TO THE SERVICES OR AVAILABILITY OF DIGITAL CURRENCY, INCLUDING BUT NOT LIMITED TO, REGULATORY INTERVENTION BY A THIRD PARTY IN THE OPERATION OF THE WEBSITE AND SERVICE, OR THE UNDERLYING VALUE OF ANY DIGITAL CURRENCY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BITCOIN MART, ITS ASSOCIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ATM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.

IN NO EVENT SHALL BITCOIN MART'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER CAUSE OF ACTION, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, WEBSITE, BITCOIN MART APP OR OTHERWISE DO BUSINESS WITH BITCOIN MART OR DO ANY ACT IN ACCORDANCE WITH THESE TERMS OF SERVICE, EXCEED THE GREATER OF: (A) THE FEE ACTUALLY PAID BY YOU TO BITCOIN MART (IF ANY) IN RESPECT OF THE IMPUGNED TRANSACTION; OR (B) THE TOTAL AMOUNT YOU HAVE PAID IN SERVICE FEES TO BITCOIN MART IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. THE BITCOIN MART PARTIES SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY DATA BREACH AFFECTING THE BITCOIN MART SERVICE, WEBSITE, ATMS, OR SYSTEMS IF BITCOIN MART HAD IN PLACE COMMERCIALLY REASONABLE AND STANDARD SECURITY PROCEDURES AT THE TIME OF SUCH BREACH.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD BITCOIN MART AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LAWYERS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE.

Links & third-party websites

The website may contain links to other websites that are not owned or controlled by Bitcoin Mart. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Bitcoin Mart of that third party, third party product or service. Bitcoin Mart is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the website are subject to the terms and conditions of those websites and of services and you are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any other website(s) does not imply that Bitcoin Mart endorses or accepts any responsibility for the content or use of such websites, and you hereby release Bitcoin Mart from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

Third-Party Disputes

ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE BITCOIN MART AND ITS ASSOCIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Privacy

Our use of cookies on this Website is subject to our Privacy Policy. By using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Information sent or received over the internet is generally unsecure and Bitcoin Mart cannot and does not make any representation or warranty concerning security of any communication to or from its ATM or the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Bitcoin Mart will not be liable for any loss or damage arising from your failure to comply with these requirements.

Please review our Privacy Policy, which also governs the ATM and Website and informs users of our data collection practices.

Termination

Bitcoin Mart may, in its sole discretion and without prior notice, immediately terminate your ability to access the services, the website or portions thereof. Cause for such termination may include, but not be limited to: (a) breaches or violations of these terms of use or any other agreement that you may have with Bitcoin Mart (including, without limitation, non-payment of any fees owed in connection with your use of services or otherwise owed by you to Bitcoin Mart); (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the website (or any part thereof) or offer of services; (e) unexpected technical, security or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the ATM and/or Website may also include removal of some or all of the materials uploaded by you to the ATM and/or Website. You acknowledge and agree that all terminations may be made by Bitcoin Mart in its sole discretion and that Bitcoin Mart shall not be liable to you or any third-party for any termination of your access to the ATM and/or Website or for the removal of any of the materials uploaded by you to the website. Any termination of these terms of use by Bitcoin Mart shall be in addition to any and all other rights and remedies that Bitcoin Mart may have.

Feedback

If you provide Bitcoin Mart with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (" Feedback"), Bitcoin Mart may use such Feedback in the ATM or Website or any other Bitcoin Mart Services (collectively, " Bitcoin Mart Offerings'' ). Accordingly, You agree that: (a) Bitcoin Mart is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Bitcoin Mart; (c) Bitcoin Mart (including all of its successors and assigns and any successors and assigns of any of the Bitcoin Mart Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Bitcoin Mart Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Bitcoin Mart or any of the other users of the Website in respect of the Feedback.

Availability and Updates

Bitcoin Mart may alter, suspend, or discontinue the service or website at any time and for any reason or no reason, without notice. The website or service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Bitcoin Mart may periodically add or update the information and materials regarding the service or the website without notice.

Severability

If any part of these terms of use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Bitcoin Mart to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Bitcoin Mart must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Bitcoin Mart's prior written consent.

If you have any questions about these Terms of Service, or if you wish to make any complaint or claim with respect to the Service, please contact us at buy@thebitcoinmart.com.