ATM Terms of Use and
Exchange Transaction Provisions
A. General information
Värdex Suisse AG (Värdex Suisse), a public limited company based in Baar, Switzerland, is the operator of a crypto ATM network (ATM network) and provider of the services offered here.
If you choose to use this ATM or register for it, you agree to accept and comply with the Terms and Conditions of the ATM and exchange services as set out below (Terms of Use). Please read the entire Terms of Use carefully before using this ATM.
The name "ATM", as used in these Terms of Use, refers to the company Värdex Suisse AG, including but not limited to its owners, directors, investors, employees or other parties associated with this company. Depending on the context, "ATM" may also refer to the services, products, websites, content and other materials (collectively, materials) provided by Värdex Suisse.
As long as you agree to these Terms of Use and actually follow them, Värdex Suisse grants you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to use the ATM and the 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 available to the user without liability on the part of Värdex Suisse, whether explicit or implicit. Värdex Suisse does not guarantee a constant availability of its ATM and exchange transaction services. Värdex Suisse endeavours to provide the services as quickly as possible, but there is no guarantee that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted data. Värdex Suisse will make reasonable efforts to provide you with proper access to the ATM and related services in accordance with the Terms of Use. Värdex Suisse may interrupt the access to this ATM due to maintenance work or security measures.
ATM customers accept and agree that they are the rightful owners of the funds that they are required to carry out the exchange transaction as the owner without infringing the rights of third parties or applicable laws.
Värdex Suisse is not liable for damages, loss of profits, loss of income, loss of business, delayed crypto transmission, loss of opportunities, loss of data, loss of private keys and/or access data, loss by fraud (direct or indirect) as well as direct and indirect losses in general. Värdex Suisse cannot be held liable for any malfunction, breakdown, delay or interruption of the internet connection. Furthermore, Värdex Suisse does not accept any liability in case of non-availability of the services for various reasons, at a certain time or for a certain period of time.
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
If you make the exchange transaction, you agree to accept and comply with these Exchange Transaction Provisions, including the above Terms of Use (A.) and the following Final Provisions (C.). Please read the entire Exchange Transaction Provisions carefully before using this or other services on this ATM. By clicking “Accept” the credit holder acknowledges and confirms in particular that:
‒ he/she accepts these Exchange Transaction Provisions including the above Terms of Use and the following Final Provisions; and
‒ he/she has full legal capacity to accept these Exchange Transaction Provisions, the above Terms of Use and the following Final Provisions and that he is able to enter into business with Värdex Suisse.
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. In particular, the user or wallet holder is responsible for the secure storage of the private key.
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).
9.1 Basic
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 per person / 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.
9.2 Premium
For Premium ATM customers, the exchange limit is up to CHF 50.000 per person / day in Switzerland. The increased limit is only possible for customers who have successfully completed a KYC registration process, including online video identification with our partner IDnow. Värdex continuously carries out various transaction/account monitoring activities to ensure legal compliance with regulations on money laundering / terrorist financing or international sanctions. Värdex reserves the right to reduce or suspend the premium exchange limit for any or all customers, if needed.
For more detailed information on thresholds, please contact compliance@vaerdex.ch
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
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 subject to substantive Swiss law, under exclusion of the law of conflicts and the Vienna Convention on Contracts for the International Sale of Goods.
Exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use, Exchange Transaction Provisions and Final Provisions are the courts at the registered office of Värdex Suisse in Baar, Canton Zug. Terms of Use, Version: Feb 2024
