ATM Terms of Use and
Exchange Transaction Provisions
A. General information
Värdex Suisse AG (Värdex Suisse), a public limited company (Aktiengesellschaft) incorporated under Swiss law and domiciled in Baar, Switzerland, operates a network of cryptocurrency automated teller machines (ATM network) and provides the services described herein.
By using this ATM and/or the services offered through it, you confirm that you have read, understood, and accepted these ATM Terms of Use and Exchange Transaction Provisions (collectively, the Terms of Use). Please read them carefully prior to any use.
The term “ATM”, as used in these Terms of Use, refers to Värdex Suisse AG, including but not limited to its shareholders, directors, officers, employees, contractors, and affiliated parties. Depending on the context, “ATM” may also refer to the services, products, websites, software, content, and other materials provided by Värdex Suisse.
Subject to your compliance with these Terms of Use, Värdex Suisse grants you a personal, non-exclusive, non-transferable, non-sublicensable, and limited right to use the ATM and the related services.
1. Data security and data protection
Värdex Suisse uses personal data for the purposes stated at the time of transfer and/or for the purposes set out in these Data Protection Regulations and/or for other purposes permitted by law.
By using the services of Värdex Suisse and your declaration of consent, you have agreed to the Terms of Use and Data Privacy Terms of the ATM to make your personal data available to Värdex Suisse. You therefore agree that Värdex Suisse may pass on this information to third parties in cases where Värdex Suisse is obliged to do so by law for the purposes of electronic identification, as set out above.
Personal data including video and audio recordings are processed during ATM usage. The user expressly agrees to the processing of the user’s data in accordance with the Värdex General Data Protection Regulations (DSG) under www.vaerdex.ch/privacy.
In principle, no liability can be assumed for the security of data transmitted via the internet. The transmission of the data is not encrypted.
2. Intellectual property
Unless otherwise indicated, all content on this ATM is the property of Värdex Suisse and protected by copyright, trademark and/or other applicable laws. You may view, print and/or download copies of content from the ATM solely for your own use for non-commercial and/or informational purposes, provided you respect all copyright and proprietary notices.
The trademarks such as "be your own bank", service marks and logos of Värdex Suisse and other companies on this website are the property of Värdex Suisse or the respective owners. Software programmes, texts, pictures, graphics, data, prices, merchandise, diagrams, graphic representations as well as film and audio material used on this website are the property of Värdex Suisse. Trademarks and content may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means. Any unauthorised use is prohibited and may violate copyrights, trademark rights and/or other applicable laws and could result in criminal or civil prosecution.
3. Liability
All exchange transactions and other services are provided without any guarantee and without liability on the part of Värdex Suisse, whether express or implied, to the extent permitted by applicable law.
Värdex Suisse does not guarantee uninterrupted or continuous availability of the ATM or the exchange services. Access may be interrupted due to maintenance, security measures, technical issues, or other reasons. Värdex Suisse shall not be liable for any delays, failures, errors, omissions, interruptions, or loss of transmitted data.
ATM users confirm and warrant that they are the lawful owners of the funds used for exchange transactions and that such transactions do not infringe any third-party rights or applicable laws.
To the maximum extent permitted by law, Värdex Suisse excludes all liability for direct or indirect damages, including but not limited to loss of profits, loss of income, loss of business, loss of opportunities, delayed crypto transmissions, loss of data, loss of private keys or access credentials, and losses resulting from fraud or misuse. Värdex Suisse shall further not be liable for malfunctions, breakdowns, or interruptions of internet or blockchain networks.
3a. Exclusion of Liability for Crypto Paper Wallets
Any crypto paper wallet issued or printed during the ATM purchasing process is designed and intended exclusively for temporary use.
Crypto paper wallets are not intended or suitable for permanent or secure storage of crypto assets. In particular, they do not constitute a secure custody solution.
The customer bears sole responsibility for promptly transferring the purchased crypto assets from the temporary paper wallet to a personal wallet under the customer’s exclusive control, where the customer ensures that the corresponding private key is known and accessible only to the customer.
Värdex Suisse assumes no liability whatsoever for:
• the physical paper wallet itself,
• any damage, loss, theft, destruction, or illegibility of the paper wallet,
• any compromise of the private key,
• or any loss of value or crypto assets stored on the paper wallet.
The use of a paper wallet is at the sole risk of the customer.
4. Mechanical violence
Any kind of mechanical violence by the user is prohibited and is considered as property damage. Even in the event of clumsiness or unintentional damage, the user who caused the damage is held liable. The ATM user is not allowed to touch or adjust the surveillance camera installations. In the event of violence or attempted theft, the public prosecutor will be notified.
5. Customer service
If you have any questions about the ATM the customer service is available for you via telephone: +41 41 508 78 00 or on our website.
B. Exchange Transaction Provisions
By executing an exchange transaction, the user confirms acceptance ofthese Exchange Transaction Provisions together with the Terms of Use (SectionA) and Final Provisions (Section C).
5a. Eligibility and Permitted Users
The ATM exchange services are exclusively available to natural persons acting in their own name and for their own account.The use of the ATM services by:
• legal entities (including companies, foundations, associations),
• trusts or similar arrangements,
• or natural persons acting on behalf of or for the benefit of third parties, businesses, trusts, or other entities,
is strictly prohibited.
By using the ATM, the customer confirms that they act solely as a private individual and not in any professional, commercial, fiduciary, or representative capacity.
6. Procedure and conditions of the exchange transaction
After accepting the Terms of Use exchange transaction via the ATM is carried out in the following manner:
The ATM displays the preliminary exchange reference rate of FIAT is displayed in cryptocurrency and updated after a few seconds. By pressing the button ("Exchange now") or ("Complete") the FIAT/crypto exchange transaction (BUY or SELL) is bindingly executed within a few seconds and cannot be reversed. A reversal of the exchange transaction is also excluded.
The preliminary exchange reference rate which is displayed to the user on the ATM may deviate from the effective, bindingly executed reference rate due to market fluctuations and short-term excess supply or demand. Värdex Suisse has no influence on this.
7. Crypto Buy - transmission to ATM crypto paper wallet
After the effective exchange transaction has been carried out, the exchanged crypto amount is sent from ATM system via blockchain to the printed crypto-wallet of the holder. The crypto-paper wallet has a unique blockchain target address and the corresponding private key for access.
Due to characteristics inherent in the nature of the respective blockchain network, the wallet holders must also acknowledge and agree that sending crypto currencies to the user's wallet may take between 10 minutes and twenty-four (24) hours, provided that there are no unforeseen and unavoidable incidents on the respective blockchain network and Värdex Suisse services.
It is excluded at all times that the acquired crypto amount is sent to a crypto-wallet address other than that of the voucher card holder or user of the crypto-wallet.
The wallet owner shall ensure before carrying out the ATM exchange transaction that he/she is in possession of the crypto-wallet addresses (public and private key) and that these are undamaged and valid (QR code readable or plain text readable on the printed wallet). If the ATM exchange transaction is carried out by the user and afterwards the access to the received crypto value is not possible, Värdex Suisse assumes no liability.
8. Crypto Sell
If no cash withdrawal is made at the ATM within 55 days after the sell of the crypto amount, Värdex Suisse will initiate a refund of the crypto amount minus a processing fee to the originating wallet due to regulatory requirements.
Additionally, if the value of the crypto has increased at the time of the refund compared to the time of sell, the amount of crypto to be refunded will be reduced accordingly in proportion.
9. Exchange limits and thresholds
Värdex Suisse ensures the regulatory correct execution of the ATM exchange transaction. In particular, Värdex Suisse intends to structure the exchange transaction as a two-party transaction (money exchange business).
The legal transaction limit of CHF 1,000 per person / 30 days in Switzerland applies to transactions with cash. The legal transaction limit of CHF 1,000 perperson / day in Switzerland applies to cashless transactions. To enforce these exchange limits, Värdex Suisse SA collects the telephone number for cash transactions or the last four numbers of the bank card used for cashless transactions.
In the event of suspicion, Värdex Suisse also reserves the right to prevent unlawful use of the ATM by shutting down the ATM.
10. Exchange transaction reference price
Through the ATM exchange transaction via Värdex Suisse Exchange Services, the user buys cryptocurrencies directly from Värdex Suisse or sells directly to this company. Värdex Suisse therefore does not act as an intermediary agency or marketplace between buyers and sellers of cryptocurrencies. The exchange transaction is subject to the Värdex Suisse reference price. By the term "reference price" Värdex Suisse understands the liquidity adjusted price of a given crypto-quantity in the respective national currency as quoted on the ATM. The reference price indicates either the "purchase price", i.e. the price in the local currency at which you buy cryptocurrencies from Värdex Suisse, or the "selling price", i.e. the price in the local currency at which you sell cryptocurrency. For all transactions that take place at the "reference price", the user agrees that the acceptance of the reference price as the only conversion factor is the condition for using the Värdex ATM service.
The ATM user acknowledges and agrees that the price of the cryptocurrencies depends on the reference price of the ATM system. Fluctuating market conditions as well as delays in third-party services (interfaces) can influence the reference price both positively and negatively. Värdex Suisse has no influence on this.
C. Final Provisions
10a. Customer Declaration
By using the ATM and executing an exchange transaction, the customer expressly declares and confirms that:
• all funds used for the exchange transaction are exclusively the customer’s own personal funds;
• the funds originate from lawful and legitimate sources;
• the funds are not derived from criminal activities, money laundering, terrorist financing, or any other illegal conduct;
• the customer does not act on behalf of any third party.
Värdex Suisse reserves the right to refuse, suspend, or terminate transactions and to report transactions to the competent authorities in accordance with applicable Swiss anti-money laundering legislation.
11. Changes and additions
Värdex Suisse reserves the right to make unilateral changes to the ATM product, its associated exchange transaction services as well as to these Terms of Use, Exchange Transaction Provisions and Final Provisions at any time.
The respective valid version is published on the Värdex website under "vaerdex.ch/general-terms" and is considered accepted by the participant from the moment of publication. In the event of any ambiguities and/or contradictions between the German and/or English version of the Terms and Conditions, the German version shall prevail.
12. Severability clause
Each provision of these Terms of Use shall be construed to be valid and enforceable under applicable law.
If a material provision of the Terms of Use, Exchange Transaction Provisions or Final Provisions is not enforceable or invalid under the applicable law, it shall only be affected to the extent of its unenforceability or invalidity and shall otherwise be replaced by a valid and enforceable provision that corresponds as closely as possible to the legal and economic meaning of the invalid provision. The remaining provisions of these Terms of Use shall remain binding and in force. The same applies to contractual loopholes.
13. Place of jurisdiction and applicable law
These Terms of Use, Exchange Transaction Provisions, and Final Provisions are governed exclusively by substantive Swiss law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the courts at the registered office of Värdex Suisse AG in Baar, Canton Zug.
