Terms of Service
Acceptance of Terms of Service
1.1 Our website (easycrypto.com), mobile app and platform (collectively the Platform) is operated and owned by ECNZ Limited NZBN 9429046530141 and its licensor/s (as relevant). In these Terms, Easy Crypto, ‘we’, ‘us’ or ‘our’ means ECNZ Limited, and any references to ‘you’ or ‘your’ means you, the person or entity accessing the Platform and/or Services (defined in clause 1.3).
1.2 These terms of service (as amended under clause 1.4 and including our Risk Document – see clause 3) (Terms) apply to you when you access and/or use our Platform and Services, and set out how you may use and access our Platform and Services, and/or create a User Account (defined in clause 2.1). By doing so, you are agreeing to these Terms and entering into a legally binding agreement with Easy Crypto. If you do not agree to these Terms, you must not create a User Account and must cease accessing and using our Platform and/or Services immediately.
1.3 The Platform enables individuals who sign up to use our Services to buy/sell/trade cryptocurrencies, digital assets, alt-coins and/or tokens listed on our Platform from time to time (see clause 4.10 below) collectively, Crypto (the Services).
1.4 We may amend these Terms in whole or in part at any time. The Terms (as amended) are effective 7 days after publication on the Platform (unless a change is required by law, and is required by law to have an earlier effect). Your continued access and/or use of the Platform/Services indicates your continued acceptance of the Terms, as amended. If you do not agree with the amended terms, you must stop using the Platform and/or Services.
2. Registration, Eligibility and User Accounts
2.1 To use the Platform and Services, you must register and create an account with us (User Account).
2.2 You may only create a User Account if you are at least 18 (or if under 18, you can provide evidence of parental/guardian consent to use the Services) and meet all of our other requirements during the account creation process.
2.3 When you create a User Account, you will provide personal information to us and you must ensure all of this is accurate and current.
2.5 You agree not to create a User Account (including indirectly through an entity or otherwise) if you have previously been removed or suspended from our Platform for breaching our Terms or the law.
2.6 It is your responsibility to maintain the confidentiality and security of any information that may be used to access your User Account, including your log-in information or password. You understand that anyone accessing your User Account will be able to enter into transactions using your account, and Easy Crypto has no obligation to verify or take any steps to verify any instruction received from you or appearing to be sent by you.
2.7 Importantly, you must:
a. not share your password, login information, or other security related information with any other person that may allow them to access your User Account;
b. not permit any other person to use or access your User Account or login information;
c. notify us immediately if there has been, or you suspect there will be, any unauthorised access to or use of your User Account , password or any other breach of our Platform or Services (by submitting a support request on our website); and
d. only create one User Account, you will not register as a user under multiple personas (whether false or not).
3.1 You acknowledge and agree that buying, selling, trading and holding Crypto is unlike traditional currencies, assets or commodities. It involves significant and exceptional risks, it can be very volatile and the financial losses can be substantial. It is largely unregulated in New Zealand. You should carefully consider and assess whether buying, selling, trading and holding Crypto is suitable for you depending on your financial circumstances and tolerance to risk, and seek specialised advice if you need it or are unsure. Our Risk Document sets out some, but not all, of the risks, including volatility, tax risks, technological risks, private key risks and liquidity risk. Our Risk Document forms part of these Terms.
3.2 You acknowledge and agree that you have read our Risk Document.
4.1 You acknowledge that we do not issue financial products or provide any financial advice and no offer or other disclosure document has been, or will be, prepared in relation to the Services, the Platform and/or any of the Crypto, under the Financial Markets Conduct Act 2013.
5. Use of the Platform and Services
5.1 You acknowledge that we will process your transactions through the Platform in accordance with your instructions, and you should carefully verify all instructions before placing any orders for Crypto.
5.2 If an instruction is in any way related to conduct which is not permitted by law or under these Terms (including under clause 6 - Conduct), we reserve the right to refund any Crypto received by you, which may, at our discretion, be at the market rate at the time of processing the relevant refund. You may also be charged a refund fee (see clause 7.6) and you may need to wear the loss associated with currency conversion at the time of refund.
5.3 You should carefully verify your instructions before placing any orders for Crypto. If there is an error in those instructions, then that is your risk and we do not accept any responsibility or liability.
5.4 If you have received any Crypto in error, including if you have failed to pay for your Crypto, we may take reasonable action, including restricting access, deducting the Crypto from your User Account, offsetting this against any payment you make to us or debt recovery action to recover the Crypto or fee from you. We will notify you if such an issue has occurred. Additionally, we reserve the right to take all reasonable action to recover any Crypto acquired by you as a result of fraudulent, unauthorised or illegal behaviour including legal action.
5.5 Easy Crypto does not guarantee that the Platform or Services will be available at any particular time. It may not be possible for you to buy, sell, store or transfer Crypto when you wish to do so.
5.6 All deposits and withdrawals of Crypto are subject to limits displayed on our Platform (and which limits may change from time to time in our sole discretion).
5.7 Features, including payment options, on our Platform may be added or removed by us from time to time in our sole discretion.
5.9 You acknowledge and understand that there may be small discrepancies between amounts displayed on the Platform and actual amounts held or transacted, mostly related to market movements and rounding.
5.10 We will, at our discretion, select certain Crypto to be available on our Platform, and these may change from time to time. We assume no responsibility or liability in connection with any attempt by you to use your User Account to store, buy, sell, send or receive Crypto in any form that is not, or no longer, on our Platform.
5.11 You acknowledge and agree that:
a. the transmission of information over the internet (including to or from the Platform) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means; and
b. emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
5.12 Easy Crypto encourages you to report any problems or vulnerabilities with our Platform and Services by submitting a support request via our Platforms.
5.13 You are solely responsible for:
a. maintaining the security of your Crypto held with a third party provider
b. The security and integrity of any third party wallet or keys: and
c. The security and integrity of your computers, mobiles, devices and software.
5.14 It is your responsibility to ensure that the wallet address of the person with whom you entered into a transaction (other than us) is correct and up to date. You acknowledge and agree that we are not able to control or affect the performance or return or recovery of any Crypto that is sent to a third party wallet address, including if you send us an incorrect address.
5.15 Easy Crypto is not responsible for providing any support, advice or communication regarding your Crypto once it has been received by you. This includes, for example, communication about hard forks, mainnet swaps, network changes and airdrops. We will, of course, let you know about any changes to our Platform and/or Services.
a. This Platform may contain links to other websites (Third Party Websites). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that referral.
b. We make no representation or warranty as to, and are not responsible or liable for, the Third Party Website, the accuracy, legality, decency or any other aspect of any content that is on that Third Party Website (Third Party Content) nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Platform.
c. All statements, representations, offers, products or services provided by Third Party Websites (including Third Party Content) are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content. To the extent that links to Third Party Websites (including Third Party Content) are contained on the Platform, they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author. The inclusion of a link to a Third Party Website (and/or Third Party Content) does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, third party goods or third party services referred to on it.
5.17 Cookies and other technologies
6.1 When you use our Platform or Services, you warrant and agree that you will:
a. comply at all times with New Zealand law;
b. not interfere with or attempt to impair our computer systems or transmit software viruses, worms, other harmful files or other malware;
c. not use a robot, spider, scraper or other unauthorised automated means to access the Platform or the Services or any content on the Platform;
d. not attempt to gain unauthorised access to any part of the Platform or the Services, including attempting to gain access to a User Account other than yours
e. not attempt to reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
f. ensure that all information that you provide to us is current, complete and accurate (including your contact details);
g. not use the Platform and/or the Services to engage in any restricted or criminal activities, including:
financing terrorist organisations;
distributing or funding drugs and drug paraphernalia; or
h. not use the Platform or Services for:
wire transfer money orders;
as a means to transfer funds between bank accounts;
carrying out any act that is illegal in New Zealand or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; or
commercial purposes which compete with the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
i. only use the Platform and the Services to purchase Crypto on your own behalf, and not on behalf of anyone else;
j. not use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform; and
k. not do anything else that may interfere with or negatively affect the operation of our Platform, the Services or other users’ use and enjoyment of the Services and/or the Platforms.
7. Transactions and Fees
7.1 When placing an order on our Platform, you will be provided with an estimated rate of how much your nominated Crypto can be bought with a selected spend amount (fiat or Crypto) (Spend Amount). This rate is not locked in until you have completed a transaction with us (see clause 7.2 and is inclusive of all fees, unless otherwise stated. To complete the transaction, you must pay through our site or promptly deposit the Spend Amount into our bank account.
7.2 You acknowledge and agree that:
a. You have entered into a transaction at the point we receive:
confirmation that you have paid us the Spend Amount using one of the available payment options; or
the Spend Amount in cleared funds into our nominated bank account.
b. Once the transaction is complete (as per above), it cannot be cancelled or amended by you and you remain liable for paying us (eg if the bank processing your payment into our account delays or prevents that payment from being completed).
c. We will use reasonable endeavours to process your transaction within 1 working day of us receiving the confirmation that you have paid us the Spend Amount using one of the available payment options or we have received the Spend Amount in cleared funds into our nominated bank account.
7.3 The sale of any Crypto on our Platform is deemed to have taken place in New Zealand. On completion of the sale, you are deemed to take possession of your Crypto in New Zealand.
7.4 We reserve the right to delay, suspend or cancel a transaction if:
a. we believe the transaction may include, enable or be linked to illegal activity, including the activities outlined in clause 6.1;
b. there are technical reasons that prevent us from completing a transaction;
c. if completing the transaction would result in a breach of law;
d. we receive a request from a law enforcement or government agency to do so;
e. there is some circumstance beyond our reasonable control that occurs without our fault or negligence that impacts our ability to fulfil a transaction; or
f. you fail to notify us within 10 working days after you have clicked ‘buy now’ and deposited the Spend Amount into our bank account, that you have not received delivery of your Crypto.
7.5 We may exercise our rights under clause 7.4 at our sole discretion and are not required to provide our reasons for doing so.
7.6 In certain circumstances we may charge you service fees, including refund fees. For details on when service charges apply, please visit: Service Charges. Depending on the payment method you select, there may be additional fees but these will always be disclosed to you.
8.1 Easy Crypto may suspend, limit, restrict, or deactivate the access to the Platform and Services, including your User Account if:
a. we receive a serious complaint or multiple complaints about you from any other person;
b. you gain or attempt to gain unauthorised access to the Platform, Services and/or another customer’s User Account;
c. you fail to provide any information we reasonably require to verify (or re-verify) your identity as required under applicable law:
d. there is a technical or operational difficulty or other issue which is outside of our reasonable control;
e. we consider any conduct by you (whether or not that conduct is related to the Platform or the Services) puts the Platform, the Services or other users at risk;
f. you use (or attempt to use) the Platform and/or Services in order to perform illegal or criminal activities, whether knowingly or unknowingly;
g. your use of the Platform and/or Services is subject to any investigation, litigation or government proceeding (actual, pending or threatened);
h. you fail to pay or fraudulently pay for any transactions;
i. you breach these Terms;
j. we, in our reasonable discretion deem your behaviour to be unacceptable;
k. your conduct may, in our reasonable opinion, bring us into disrepute or adversely affect our reputation or image;
l. you are participating in a pyramid scheme, ponzi scheme, or other type of scam, whether knowingly or unknowingly; and/or
m. we receive a valid request from a law enforcement or government agency to do so.
Subject to clause 8.2 below, we will use reasonable endeavors to restore your access to the Platform and Services, including your User Account, within 14 days of you demonstrating to us, acting reasonably, that the reason for such suspension, limitation, restriction or deactivation no longer exists.
8.2 In addition to its rights set out in clause 8.1 above, Easy Crypto may terminate your access to the Platform and Services, including your User Account, if:
a. you gain or attempt to gain unauthorised access to the Platform, the Services or another customer’s User Account;
b. we consider any conduct by you (whether or not that conduct is related to the Platform or the Services) puts the Platform, the Services or other users at risk;
c. you use (or attempt to use) the Platform and /or the Services in order to perform illegal or criminal activities, whether knowingly or unknowingly;
d. your use of the Platform is subject to any investigation, litigation or government proceeding (actual, pending or threatened);
e. you fail to pay or fraudulently pay for any transactions;
f. you breach these Terms and, where capable of remedy, fail to remedy such breach within 30 days’ written notice from us specifying the breach and requiring it to be remedied;
g. your conduct may, in our reasonable opinion, bring us into disrepute or adversely affect our reputation or image; and/or
h. we receive a valid request from a law enforcement or government agency to do so.
8.3 We may also terminate these Terms and cease to provide the Services and the Platform if we (or a material related company) cease to conduct business or suffer an insolvency event (it becomes unable to pay its debts as they fall due, or a statutory demand is served, a liquidator, receiver or manager (or any similar person) is appointed, or any insolvency procedure under the Companies Act 1993 is instituted or occurs).
9. Service Limits, Disclaimers and Limitation of Liability
9.1 No warranties
a. You acknowledge that any transactions you enter into, using the Platform or the Services are entirely at your own risk. While we take all reasonable care to ensure that the information available on or accessed through the Platform and/or Services is correct, you are solely responsible for the actions you take in reliance on that information.
b. The Platform/Services are provided on an “as is” and “as available” basis. Other than any claims you may have under clause 11, to the maximum extent permitted at law, we give no express warranties, and disclaim and exclude all implied conditions or warranties, as to the Platform and the Services. In particular, we do not:
give any warranties of merchantability, fitness for a particular purpose and non-infringement;
warrant that the Platform and/or the Services will be compatible with your equipment;
warrant that the Platform and/or Services will be available at any particular times (eg for maintenance purposes, network outages, illiquidity or technological disruptions) and we accept no liability for loss or damages suffered by you if you are unable to transact at a particular time or use the Platform and/or Services if the Platform and/or Services are unavailable at such time;
warrant that the Platform and/or the Services will be free from errors, loss, destruction, interruption, corruption (including corruption of data), or that the Platform and/or the Services will be timely or secure; or
give any warranties that any order placed by you will be executed at the estimate shown to you. We will not be liable for any loss or damage suffered by you if your order executes at a less favorable price for any reason, including due to a period of illiquidity or higher volatility; or
warrant the accuracy or correctness of information displayed on the Platform and we give no warranties or guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information displayed on the Platform.
c. You acknowledge that the Platform and Services does not contain all information that you will require in order to evaluate whether or not you should invest, use or trade in any Crypto.
d. You should independently satisfy yourself as to the accuracy of all information provided through the Platform.
9.2 Limitation of liability
a. To the maximum extent permitted by law, we will not be liable for any loss, cost, damage, liability, claim or expense which may arise out of, or in connection with, the use of this Platform and/or the Services, or the use of or reliance on information contained on or linked to this Platform, including from any:
corruption or loss of data or other information;
malware that may be transmitted to your computer by use of the Services and/or the Platform;
interruption, suspension or discontinuance of the Platform and/or the Services; or
time delays or time differences between the time shown and recorded on our systems and the time shown and recorded on your own computer or mobile device and systems (as the date and time that you see when you use the Services is based on the date and time settings of your own computer or mobile device).
b. To the extent permitted by law, in no event will Easy Crypto be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused (including due to negligence of Easy Crypto, its employees or agents or resulting from any third party) which arise out of, or in connection with any breach of contract (being these Terms), equity, common law, statutory duty or by reason of any representation, implied warranty or other condition.
c. Other than any claims a user may have under clause 10, if we are found to be liable for any loss, cost, damage or expense arising out of or in connection with your use of the Platform or the Services or these Terms, our maximum aggregate liability to you will be limited to one per cent (1%) of the total value that you have paid to us in the previous twelve months (subject to clause 8.3).
d. Our liability is excluded to the maximum extent that you contributed to the liability; and
e. Our liability is subject to your duty to mitigate your losses.
9.3 Your claim must be made in writing to us within 12 months of us confirming your order. Easy Crypto shall not be liable for, and you shall not be entitled to make or pursue, a claim unless you have given us written notice of your claim, setting out reasonable particulars of the grounds on which it is based, within that 12 month period.
9.4 We have no liability to you for any lack of performance, unavailability or failure of the Platform and/or the Services, or failure to comply with these Terms, due to circumstances out of our control, including change of law, regulations or policy, events of force majeure, or delays or inaccuracies in transmission of orders.
10.1 To the maximum extent permitted by applicable law, you indemnify us and our related companies (including EC Global Limited and EC Systems Limited) and each of our and their respective officers, directors, employees, contractors and agents (Indemnified Parties) from and hold the Indemnified Parties harmless against, any and all loss or damage, liabilities, penalties, fines, expenses (including reasonable solicitor/client fees) and costs (together, Losses) which arise out of or relate to:
a. your use of the Platform and/or Services;
c. any information that you provide to use via this Platform and/or Services; or
d. any damage that you may cause this Platform and/or Services,
except, and to the extent, that such Losses arise from our fraud, wilful negligence or wilful misconduct.
10.2 This indemnity includes Losses relating to intellectual property rights and breaches of privacy.
11. Fair Trading Act and Consumer Guarantees Act applies
11.1 Nothing in these Terms is intended to limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
12. Auditing and Monitoring
12.1 As part of Easy Crypto's compliance program (to manage compliance with these Terms and any law or requirement by any authority), we reserve the right to:
a. review, audit and monitor (manually or automated) your use of the Platform and/or the Services;
b. take any action we deem appropriate in our sole discretion in accordance with our policies, including suspending or terminating your User Account, editing, removing or blocking any content that we deem inappropriate or unacceptable, and in the case of any illegal or suspected illegal activity, reporting any matters to the appropriate authority; and
c. access, collect, preserve or disclose information about your use of the Services and/or the Platform (including your communications and content you submit) as is necessary to:
(1) comply with any legal process;
(2) enforce these Terms;
(3) respond to any claims or complaints about any content you submit, or act or omissions by you;
(4) respond to your customer service requests; and
(5) protect the rights, property, safety of us, any user or the public.
13. Intellectual Property
13.1 All intellectual property rights in and to the Platform, the Services, and the software and other material underlying and forming part of the Platform and the Services (Platform Material) is owned by us (and/or our suppliers and licensors), except where expressly stated otherwise in these Terms or elsewhere on the Platform.
13.2 When using the Platform and/or the Services, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use [those software, tools or applications][the Platform Material] only as required for your use of the Platform and the Services and as expressly permitted in these Terms.
13.3 You may download and print content from the Platform for your own personal or internal business purposes only. You must not use, reproduce, store, publish, adapt, communicate to the public, distribute to third parties, amend, create derivative works from any part of the Platform or the Services without our prior written consent or otherwise do anything that would infringe our intellectual property rights in the Platform or the Platform Material.
13.4 Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.
13.5 We reserve all right, title and interest not expressly granted under this licence to the maximum extent permitted by applicable law and you agree to do anything necessary, including executing any documents, to give full effect to this clause 12.
14.1 These Terms are governed by the laws of New Zealand. Any disputes arising under this Agreement shall be settled exclusively before courts of competent jurisdiction in New Zealand, unless the claim is less than $30,000, in which case it shall be dealt with before the Disputes Tribunal.
14.2 By using our Platform and/or Services, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions you conduct through our Platform and/or Services.
14.3 If any part of these Terms is held to be invalid, unenforceable or illegal for any reason, it must be read down( to the extent necessary to preserve its operation) or otherwise severed, (if it cannot be read down), and the remaining parts of the Terms will remain in full force and effect.
14.4 If we do not exercise or enforce any rights available to us under these Terms that does not constitute a waiver of those rights.
14.5 You may not assign, transfer and/or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer and/or subcontract any of our rights or obligations under these Terms without requiring your prior written consent.
14.6 We may provide you with notices, including relating to these Terms, by way of electronic communications, including by email or other electronic communication on the Platform or through the Services.
14.7 For any complaints about our Services, please see our Complaints Handling Process.
14.8 For any other questions about the Platform or the Services, please contact us at [email protected]
14.9 In these Terms, (a) words importing the singular include the plural and vice versa; (b) the words “including” means “including but not limited to”; and (c) words importing gender include all genders.