Terms and Condition

  1. Home
  2. Terms and Condition

Terms and Condition

COINHERO ATM Terms and Conditions

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY

BY ENGAGING WITH THIS WEBSITE AND USING THE COINHERO ATM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE COINHERO ATM.

The agreement between us consists of the Terms and Conditions and Our Privacy Policy Statement as well as any updates, amendments or modifications that may be made from time to time (together the Agreement).

  1. The COINHERO ATM

 

  • The COINHERO ATM is a cryptocurrency exchange device (COINHERO ATM) offered by BIT-TECH LIMITED (BIT-TECH) for users to exchange with BIT-TECH as the counterparty selected cryptocurrency for other selected cryptocurrency, selected cryptocurrency for fiat currency or purchase of selected cryptocurrency with fiat currency at a rate of exchange set by BIT-TECH, which may or may not reflect the then market rate of exchange for such cryptocurrency (the Services). Services refer to any products, services, technologies or functionalities offered by BIT-TECH through the COINHERO ATM, in person at our service locations, at coinhero.hk.
  • We will only use your personal data in compliance in the ways set out in our privacy policy [https://coinhero.hk/en/privacy-policy/]. Please also refer to Clause 11 of this Agreement for further information.
  • Locations of the COINHERO ATM is shown in our Site. COINHERO ATM located outside the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong) are operated by third party service providers.
  • YOU MUST BE AT LEAST 18 YEARS OLD TO ACCEPT THESE TERMS AND CONDITIONS AND USE THE COINHERO ATM.
  • You are responsible for any fees charged by your internet or mobile service provider relating to your use of the COINHERO ATM.
  • If you wish to learn more about the COINHERO ATM or the Services or you have any problems using the COINHERO ATM, please take a look at our support resources at the Site.
  • If you find the COINHERO ATM or the Services faulty or wish to contact us for any other reason, please email our customer service team at info@coinhero.hk or call us at +852 9014 4229. Our customer service team will respond as soon as possible upon receiving your message.
  • We may use your mobile phone number and/or email address you have provided upon registration to send you SMS codes and any information relevant to your use of or access to the COINHERO ATM.

 

  1. Registering an Account

 

  • We may record information you provide, including but not limited to Personal Data as defined in the Personal Data (Privacy) Ordinance (Cap. 486) of the laws of Hong Kong, Special Administrative Region of the People’s Republic of China (PDPO) when you use the COINHERO ATM or register an account through our Site. You must agree to the Terms and Conditions of this Agreement before your account is registered or if you use the Services through the COINHERO ATM.
  • Depending on the Services you choose when you use the COINHERO ATM, your biometric authentication provided when you registered your account will allow the COINHERO ATM to verify your identity.
  • You will be liable for all losses if you have:
  • acted fraudulently,
  • acted with gross negligence, or
  • failed to inform BIT-TECH as soon as possible after you find out or believe that unauthorised transactions have been conducted over the COINHERO ATM.
  1. Changes to the Terms and Conditions
  • BIT-TECH may be required to change the Terms and Conditions of this Agreement to reflect changes in law or best practice or to deal with additional features which we introduce.
  • We will notify you of the change in the Terms and Conditions of this Agreement by placing a notice of such change on the Site or the next time you use the COINHERO ATM.
  • If you do not accept the new Terms and Conditions of this Agreement, you may discontinue use of the COINHERO ATM and the Services.
  1. COINHERO ATM updates and maintenance

 

  • From time to time, we may automatically update the COINHERO ATM and further develop the Services to include new features, improve performance, enhance functionality, reflect changes to the operating system or address security issues.
  • The COINHERO ATM may also become temporarily unavailable when we’re conducting essential maintenance or system upgrades or our Site.
  • We do not guarantee that the reliability and availability of the COINHERO ATM will work with the current or previous version of the operating system (as it may be updated from time to time) or that the description and level of the Services and functionality of the COINHERO ATM will remain the same following an update to the COINHERO ATM.

We will not be responsible for any failure of access, delay, loss, diversion, alteration, corruption and other risks associated with hardware and software failure, whether foreseeable or unforeseeable due to an update of the COINHERO ATM.

  1. COINHERO ATM’s third party service providers
  • The availability of the COINHERO ATM is dependent on the reliability and availability of third-party service providers, such as software, internet network and other service providers that enable your access to the COINHERO ATM.
  • BIT-TECH may enter into a service agreement with a third party service provider to provide repair and maintenance services on the COINHERO ATM. BIT-TECH will not be accept any liability, loss or damages you may experience caused by the services provided by or any action or omission of such third party service provider.
  1. Using the COINHERO ATM responsibly

 

  • The COINHERO ATM and the Site belongs to BIT-TECH and you must only use it for the purposes set out in this Agreement. All content on the COINHERO ATM and the Site are the responsibility of the person from whom it originated. This means that you, and not us, are entirely responsible for all content that you upload or otherwise make available via the COINHERO ATM.
  • You must not act fraudulently or maliciously in relation to the COINHERO ATM or the Site, their data, or their features, including by reselling, copying, modifying, adversely effecting, reverse engineering, hacking into or inserting malicious code into the COINHERO ATM or the Site, or assist anyone to do any of these things, unless you have been authorised to do so.
  • You must not use the COINHERO ATM or the Site in any unlawful manner or in contravention of any agreements with us.
  • You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the COINHERO ATM, the Site or the Services.
  • You must not use the COINHERO ATM，the Site or the Services in a way that could damage, disable, overburden, impair or compromise our systems, security or interfere with other users.
  • You must not collect or harvest any information or data from the COINHERO ATM, the Site， our systems or attempt to decipher any transmissions to or from the servers running the Service.
  • We are providing you with the right to use the COINHERO ATM, the Site and the Services as set out in this Agreement. You may not otherwise transfer the COINHERO ATM or the Services to someone else, whether for money, for anything else or for free.
  1. Responsibility for loss or damage suffered
  • Any information or document transmitted through the COINHERO ATM or the Site is subject to risks of delay, loss, diversion, alteration, corruption and other risks associated with hardware and software failure.
  • We will only be responsible to you for losses caused by BIT-TECH’s gross negligence, fraud or wilful default.
  • The aggregate amount of loss or damages BIT-TECH is responsible for as a foreseeable result of BIT-TECH’s breach of the Terms and Conditions of this Agreement is [HK$50,000].
  • Loss or damage is deemed to be foreseeable if either it is obvious that it will happen or if, at the time you accepted the Terms and Conditions of this Agreement, both we and you knew it might happen.
  • We will not be responsible for any unforeseeable loss or damage. If any law requires us to be responsible for any of your loss, we will be responsible only to the extent of re-supplying the Services via the COINHERO ATM or the cost of re-supplying those services. We reserve the right to terminate the Services and access to COINHERO ATM unilaterally in such event without any compensation to you whatsoever.
  • We will not be responsible to you for any loss of profit, business, business interruption, or business opportunity you may suffer from the use of, access to the COINHERO ATM or one of the Site, or as a consequence of:
  • not being able to use or access the COINHERO ATM or any Services within the COINHERO ATM;
  • losses you sustain on any exchange transaction or your use of the Services;
  • an event outside our control, causing a delay in our provision of the Services or support for the COINHERO ATM, one of the Site or the Services;
  • any third party’s fraudulent or negligent actions; or
  • non-compliance of your obligations under this Agreement or violation of any relevant law or regulation.
  1. Indemnities

 

  • You will indemnify and will keep indemnified BIT-TECH against all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of any disputes) it suffered which was incurred by you or any other person (where such person was able to use the COINHERO ATM using your credentials) arising as a result of the use of the COINHERO ATM and/or breach of this Agreement.
  • BIT-TECH will indemnify and will keep indemnified you against all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of any disputes) suffered or incurred by you and arising as a result of the conditions stipulated in Clauses 7.2 and 7.3 of this Agreement.
  1. Suspending or cancelling access

 

  • We may suspend or cancel your access to the COINHERO ATM, the Site and the Services at our sole discretion :
    • to protect BIT-TECH’s business;
    • to protect you or us from fraud or other loss;
    • if you have not used the COINHERO ATM or the Site in accordance with the Terms and Conditions of this Agreement; or
    • if we have reasonable grounds to believe that your use of the COINHERO ATM or the Site breaches the laws and regulations of Hong Kong or any other country.
  • If we suspend or cancel your access, the reason of such suspension or cancellation of access to COINHERO ATM, the Site and the Services is at our sole discretion and we need not explain such reason to you. Upon suspension or cancellation of your access to the COINHERO ATM, the Site and the Services, you must stop all activities authorised by the Terms and Conditions of this Agreement, including your use of the COINHERO ATM, the Site and the Services.
  1. Intellectual property

 

  • All rights (such as copyright) in relation to the contents (such as trademarks, text, graphics, images, links and sounds) on the COINHERO ATM and the Site are owned by or licensed to BIT-TECH. Unless stated otherwise, the contents of the COINHERO ATM may not be copied, modified, downloaded, distributed, published, reused, reposted, reverse engineered, decompiled or made any use of in any way without BIT-TECH’s prior written consent.
  • You have no intellectual property rights in the COINHERO ATM, the Site or the Services other than the right to use them in accordance with the Terms and Conditions of this Agreement.
  • “COINHERO”, “COINHERO ATM”, “Coinhere” and all associated logos (the Trade Marks) are pending or registered trademarks of BIT-TECH and are used under licence by BIT-TECH. You may not use the Trade Marks without prior written consent from BIT-TECH.
  • You unequivocally grant to BIT-TECH and its controlling entities a worldwide, royalty-free, perpetual, irrevocable, sub-licensable right and licence to use any information or materials which you submit to BIT-TECH using the COINHERO ATM or the Services for any purpose it deems appropriate, including, without limitation, the copying, modification, transmission, distribution and publication thereof, unless restricted by applicable law. You warrant and will ensure that any such information or material you submit to BIT-TECH does not infringe the rights of any third party.
  1. Confidentiality and personal data

 

  • BIT-TECH, in performing our obligations under this Agreement and in providing the Services, may from time to time be required to process information which: (i) constitutes Personal Data as defined in section 2(1) of the PDPO, and (ii) is disclosed to or otherwise made available to BIT-TECH by you or on behalf of you.  

 

  • We shall only process personal data for the purposes set out in this Agreement and as may be required by relevant and applicable laws and regulations and we shall take appropriate measures to ensure the security of personal data which it processes under or pursuant to this Agreement, including taking all practicable steps to ensure that any personal data (including data in a form in which access to or processing of the data is not practicable) is protected against unauthorized or accidental access, processing, erasure, loss or use having particular regard to:

 

  • the kind of data and the harm that could result if any of those things should occur;
  • the physical location where the data is stored;
  • any risk from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed;
  • any security measures incorporated (whether by automated means or otherwise) into any equipment in which the data is stored;
  • any measures taken for ensuring the integrity, prudence and competence of persons having access to the data; and
  • any measures taken for ensuring the secure transmission of the data.
  • We shall:
  • implement appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against its accidental loss, damage or destruction, including inter alia as appropriate:
  • the encryption of personal data;
  • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; and
  • the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
  • ensure and procure that any personnel engaged and authorised by us to process your personal data keeps the personal data confidential;
  • promptly assist you in responding to any request and in ensuring compliance with our obligations under PDPO with respect to security, breach notifications, supervisory authorities or other regulators and, in particular, we shall promptly notify you if we receive any complaint, notice or communication which relates to processing of personal data;
  • notify you through the contact point that you have provided upon registration without undue delay after becoming aware of a personal data breach and on suspecting the same, we shall promptly conduct an initial assessment to determine whether the event or incident qualifies for notification to you under this clause; and
  • maintain adequate records, and, on your request, make available such information as you may reasonably request, and allow for and submit its premises and operations to audits, including inspections, by the you to demonstrate our compliance with PDPO and this Agreement.
  • Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the COINHERO ATM, the Site or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We will not be liable for any loss, damages incurred due to no fault or errors of BIT-TECH.
  1. General

 

  • BIT-TECH may transfer its rights and obligations under this Agreement to its affiliates or any third party. We will notify you of such transfer in writing by sending you a message to the contact point that you have provided upon registration and an SMS to your mobile phone number that you have provided is if this occurs. We will ensure that the transfer will not affect your rights under the Agreement.
  • If a clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this Agreement will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties involved in this Agreement, in which case the entirety of the relevant cause will be deemed to be deleted).
  • This Agreement will be governed by and construed in accordance with the laws of Hong Kong. The courts of Hong Kong will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
  • The COINHERO ATM, the Site and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the COINHERO ATM, the Site or the Service. Although we make reasonable efforts to update the information provided by the COINHERO ATM and the Site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
  • Notwithstanding that a term of this Agreement purports to confer a benefit on any person who is not a party to this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap.623) to enforce or enjoy the benefit of any provisions of this Agreement.

**The English version shall prevail

 

COINHERO