Terms & Services
NEVER send Bitcoin or any other cryptocurrency to a person or entity you do not know or trust. If you have been contacted by someone you do not know and have been asked to send them Bitcoin or other cryptocurrency you are likely being cheated or scammed and you should NOT proceed with the transaction. For more educational information about common scams, visit our website’s fraud education page or contact our customer support.
These terms and conditions constitute the agreement (the “Agreement”) by and between HoneyBadger Enterprises Ltd. operating as HoneyBadger (hereinafter referred to as “HoneyBadger”, “we” or “us”) and the person, persons or entity (“you”) using our Services. The terms of this Agreement apply to any access and use of our website, mobile app, platform, ATMs, BTMs, kiosks and applications and any of our products, software and services offered through the website (hereinafter referred to as “Site”) or otherwise made available by us or any of its affiliated or partner companies (collectively, our “Services”). We provide the Services solely on the terms and conditions set out in this Agreement, as may be amended and replaced from time to time. Your acceptance of these terms and conditions is a condition to your use of our Services.
HoneyBadger facilitates the purchase and sale of Bitcoin and other cryptocurrencies including but not limited to Litecoin and Ethereum (collectively, the “cryptocurrencies”, or individually a “cryptocurrency”) using Canadian Dollars at HoneyBadger’s ATMs or via our Site. We do not custody (i.e., store, hold or manage) any cryptocurrencies, or Canadian Dollars, on your behalf. The handling of cryptocurrency upon completion of a sale/purchase transaction is beyond the scope of HoneyBadger’s services. Upon initial account registration or if suspicious or fraudulent activity is suspected, HoneyBadger reserves the right to delay or refuse to process any transaction being attempted when using our Services. Transactions will be reviewed for suspicious or fraudulent activity, to verify the customer using our Services (referred to as “KYC” or know-your-client requirements), for anti-money laundering (“AML”) purposes, and for other reasonable purpose as determined from time to time in our sole discretion. The Services may only be used for lawful purposes and in a lawful manner.
By using our Services, you hereby acknowledge and agree as follows:
- HoneyBadger is not liable for any loss associated with your use of cryptocurrency. Cryptocurrencies are inherently risky and using cryptocurrencies may result in the complete or partial loss of the funds used to acquire cryptocurrencies, or the cryptocurrencies acquired. Cryptocurrency transactions are irreversible once completed. Cryptocurrencies are subject to frequent and significant price fluctuations. You are using cryptocurrencies and our Services at your own risk.
- Cryptocurrencies are currently not considered legal tender in Canada.
- The purchase and sale of cryptocurrencies may have tax implications for you, and you are solely responsible for calculating, reporting, and remitting any taxes that may become due and payable by you as a result of any cryptocurrency transaction you engage in.
- We are not a bank, credit union or other financial institution. We only facilitate the purchase and sale of cryptocurrencies.
- The Services rely on the internet, blockchain network, and third-party software, and we are not responsible for any losses incurred as a result of any delays, delivery failures, or other problems resulting from the use of the internet, blockchain network or third-party software that may arise from time to time.
- You are solely responsible for ensuring all information required from you to use our Services is correct prior to proceeding with a transaction. Without limiting the foregoing, we are not responsible for any error you make in inputting a wallet address for the deposit or transfer of any cryptocurrency.
- We are not responsible for losses incurred as a result of any delay or refusal to process any transaction due to suspected fraudulent activity, for client verification purposes, anti-money laundering purposes, or for any other purpose that we determine to be reasonable from time to time.
- We do not provide any support or advice regarding any cryptocurrencies. We are only able to provide support for the use of our Services prior to a transaction being completed.
- You are of legal age (18+) to enter into this Agreement in the Canadian province where our Services are accessed, and you have not been previously suspended or restricted from using our Services.
- By using our Services, you agree that you have read, understood and agree to be bound by and comply with all the terms and conditions contained in this Agreement.
FINTRAC Compliance – Suspicious or Fraudulent Activities
HoneyBadger is a federally registered Money Services Business (“MSB”) in the country of Canada and complies with all FINTRAC (Financial Transactions and Reports Analysis Centre of Canada) rules and regulations including the reporting of all suspicious, fraudulent, or anti-money laundering activities.
We reserve the right to refuse or discontinue any transaction that we deem to be too risky, or suspect may be fraudulent or suspicious, at our sole discretion. We will report all suspicious or fraudulent transactions to FINTRAC to comply with our legal obligations as an MSB.
Your privacy is important to us, and we are committed to taking all reasonable steps to protect your privacy and personal information. HoneyBadger will only use your personal information for the purposes set out herein or with your permission, and we will never sell your personal information.
In this Agreement, “personal information” means personally identifiable information, and includes your name, date of birth, phone number, e-mail address, identification, and credit card information. Personal information does not include information that is of an anonymous nature, provided it does not contain any personal information. Our obligations concerning personal information do not extend to the collection, use, or disclosure of information that is publicly available.
By using our Services, you consent to the use of your personal information in the manner set out in this Agreement. You may withdraw your consent to our use of your personal information at any time, or refuse to provide your personal information; however, withdrawing consent or refusing to provide personal information may result in your inability to use or continue using our Services.
Use of Personal Information
Certain personal information is required to use the Services and to process a transaction, and purposes ancillary thereto. We collect information in order to verify and authenticate a customer’s identity, process a transaction, process a payment, and to communicate with customers, including notifying customers about transactions they are attempting to make if there was an error or other issue in completing a transaction, or in the event a refund is available. We also collect information about the use of our Services for statistical and data analytics purposes but will not publish any personal information in connection with such uses.
HoneyBadger may share your personal information with our partners and service providers, including for client verification, credit and background checks, payment processing, and customer service purposes. The servers used by us, and our partners and service providers are not all located in Canada, and your information may be available to government agencies in the countries where those servers are located, irrespective of any safeguards we have put in place to protect your personal information.
If your personal information is provided or made available to any third party including our service providers, they will have limited access to such personal information, only to the extent required to permit them to perform the service they are providing. Any third party we engage that will have access to personal information will be subject to contractual restrictions prohibiting them from using any personal information for any purpose other than that for which they are engaged.
Further, at times HoneyBadger may be required to disclose personal information to comply with our MSB obligations or requests by public authorities, including law enforcement agencies. HoneyBadger may disclose personal information about a customer when we believe in good faith that such disclosure is required by and in accordance with the law.
All information that HoneyBadger shares with you is also considered confidential. Any communication or information shared by or with HoneyBadger including online chats, text (SMS, Instant Messenger or other), e-mail, phone conversations and any attachments may contain confidential and/or privileged information and is intended solely for the addressee. Any unauthorized use, review, retransmission, dissemination, copying or other use of this information by persons or entities other than the intended recipient is strictly prohibited.
Cost of Cryptocurrencies
All payments for Services including the purchase or sale of cryptocurrencies are via Canadian Dollars (fiat). In addition to the spot rate posted for cryptocurrencies, HoneyBadger charges a fee to cover operating overhead. Current spot rates are updated on a live basis and price is processed at the rate given plus a fee. HoneyBadger’s online platform uses a fixed fee structure and HoneyBadger’s ATMs fee structure is based on tiers of the transaction amount in Canadian dollars. Transacting via the HoneyBadger Services does not include nor require paying duties or taxes; however, there may be tax implications resulting from the purchase and sale of cryptocurrencies, and you are solely responsible for the calculation, reporting and remittance of such taxes, if applicable in your jurisdiction. Please note our current fees are subject to change without notice.
- All cryptocurrency transactions are final once processed on the blockchain. No refunds will be issued once transactions have been processed.
- Fiat currency (in Canadian Dollars) must be provided before cryptocurrencies are sent to the provided wallet address.
- Cryptocurrencies are currently sent to the designated wallet address only after full account verification.
- HoneyBadger may batch transactions at select intervals to reduce fees and improve data loads on the cryptocurrency blockchain network.
- Withdrawals require a minimum of 2 bitcoin blockchain confirmations or the equivalent of 2 bitcoin blockchain confirmations before fiat currency (in Canadian Dollars) is released.
Problem Resolution and Mediation
Any problems or issues with our Services can be resolved by contacting our Customer Service centre through the contact details below. Any inquiries sent to individual employees, social media accounts or otherwise will not be responded to.
This Agreement shall be governed by the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein (without regard to the conflicts of laws and rules of the Province of British Columbia).