Easy Crypto Wallet - Terms of Use and Services

Terms of Use

1 Acceptance of Terms of Use

1.1 This mobile software application (as amended from time to time, and referred to here as the Wallet or the Software, as relevant) is operated and owned by Dott Enterprises Limited NZBN 9429050933914 (a wholly owned subsidiary of EC Group Limited) and its licensor/s (as relevant). In these Terms, Company, we, us or our means Dott Enterprises Limited, and any references to you or your means you, the person or entity accessing the Wallet and/or Services (defined in clause 2.2).

1.2 These terms of use (as amended under clause 1.3) (Terms) apply to you when you access and/or use the Wallet and/or Services, and set out how you may use and access the Wallet and/or Services, and/or create a User Account (defined in clause 3.1). By doing so, you are agreeing to these Terms and entering into a legally binding agreement with us. If you do not agree to these Terms, you must not create a User Account and must cease accessing and using the Wallet and/or Services immediately. For clarity, these Terms do not govern your interactions with Third Party Services (see clause 2.1).

1.3 We may amend these Terms in whole or in part at any time. The Terms (as amended) are effective immediately after publication on the mobile application (unless a change is required by law to be effective on a different date). Your continued access and/or use of the Wallet / Services indicates your continued acceptance of the Terms, as amended. If you do not agree with the amended terms, you must stop using the Wallet and/or Services.

2. The Wallet

2.1 The Wallet is a mobile application available for download on the Google Play Store and the Apple app store, This application empowers you to:

(a) To manage digital assets, including:

(i) creating and importing digital asset addresses

(ii) viewing address contents and transaction history

(iii) authorising actions, such as sending digital assets and signing smart contracts.

(b) To link directly to certain third party websites, content, services, applications and platforms, including (by way of example):

(i) Cryptocurrency exchanges / brokers to facilitate buying and selling tokens;

(ii) Blockchain infrastructure providers (for node services and technology)

(iii) Information providers (for price data, market data, and other relevant information)

(each Third Party Services) without leaving the Wallet; (together the Services).

2.2 We regularly update and enhance the Wallet software, including to provide further features and security updates. We may update the Wallet software at any time, without notice, and you will be required to accept and install those updates (whether to the Wallet software or to third party software), in order to keep using the Wallet and Services or to access their latest features and security updates. We may offer, from time to time, new “beta” features or tools for users to try out. Such beta features or tools are offered solely for experimental purposes, without warranty of any kind, and may be modified or discontinued at our sole discretion.

2.3 You are solely responsible for (i) the security of the device on which the Wallet is installed, including keeping anti-virus software current and protecting the device against malware; and (ii) ensuring you have a backup from which you can restore the Wallet and your private keys if your device is lost or damaged. We are not responsible for any loss or damages (including loss of funds or lockout from accounts accessed via the Wallet) resulting from your failure to back-up or keep the device on which it is installed secure and free of any malware.

2.4 The Wallet contains links to Third Party Services, as noted above. We may receive a commercial benefit when you access or use the Third Party Services through the Wallet.

You acknowledge and agree that:

(a) All cryptocurrency exchanges and information provided through the Services are executed by Third Party Service providers (not us), and the Wallet does not itself provide these services.

(b) You are responsible for assessing if the Third Party Services meet your requirements (including their attributes, availability, performance, privacy practices, terms of use, pricing information, exchange rates, and transaction processing). While we take steps to ensure our Third Party Services are reliable, reputable and compliant, we do not operate, monitor, control, or take responsibility for the Third Party Services, or provide customer support for transactions performed on or using Third Party Services. While we take steps in selecting the Third Party Services, we are not responsible or liable, directly or indirectly, for their use or any damage or loss caused (or alleged to be caused) by or in connection with using or relying on any content, goods or services available on or through any such Third Party Services.

(c) Use of Third Party Services is governed by their respective terms of service or use (and not by these Terms). When you use or access Third Party Services, you are solely responsible for accepting and complying with their respective terms of service (or use), fees and charges, and for the outcome of your access and use.

(d) Access to Third Party Services may be geo-blocked for residents of certain countries and certain states of the United States.

(e) While we take steps in an effort to protect the security of the Wallet and the availability, integrity, confidentiality and security of our data, we give no assurance that any security measures that we or the Third Party Services have implemented will be effective against current or future security threats.

(e) We do not guarantee the accuracy of information provided by the Third Party Services. Please ensure that you verify any information (including pricing information) before relying on it for decisions of any kind. The information is provided by, and belongs to, the relevant Third Party Services providers and we assume no ownership or any liability over any such information. You agree, as a condition of using the Wallet and Services, that we are not liable for any decisions made by you or any other users based on this information.

2.5 Any content and information provided within the application about the Wallet and the Company is presented for informational purposes only.

(a) We do not provide any investment or financial advice whatsoever. As with any financial or investment decisions, you should conduct your own research and due diligence investigation to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal advisers and investment advisors, in connection with any investment or financial transaction.

(b) You acknowledge in particular that we do not issue financial products or provide financial advice and no offer or other disclosure document has been, or will be, prepared in relation to the Wallet, the Services, and/or any digital assets, under the Financial Markets Conduct Act 2013.

3 Registration and User Accounts

3.1 To use the Wallet, and Services, you must register and create an account with us (User Account).

3.2 We will never ask you to share your private key share, credential or other sensitive information with us (apart from your User Account set up, which involves you inputting certain sensitive information). Please ensure you do not share your private key share, credential, or other sensitive information with any third party without validating their legitimacy, and understanding the significance of sharing this data. Private keys may be compromised if you choose to store them in non-secure systems, such as third-party email services, which may be susceptible to security breaches and security incidents. Any such incident is outside our control and does not relate to an insecurity or vulnerability in the Wallet.

3.3 You are responsible for maintaining the confidentiality and security of any information that may be used to access your User Account, including your log-in information, pin or password.You understand that anyone accessing your User Account will be able to enter into transactions using your account, and we have no obligation to verify or take any steps to verify any instruction received from you or appearing to be sent by you. Importantly, you may:

(a) Not share your password, pin, 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 the Wallet or the Services (by submitting a support request on our website); and

(d) Only create one User Account (and not register as a user under multiple personas, whether false or not), and not create a User Account (including indirectly through an entity or otherwise) if you have previously been removed or suspended from the Wallet for breaching our Terms or the law.

We are not liable for any loss or damage arising from your failure to comply with clauses 3.2 and 3.3.

4 Using the Wallet and the Services

4.1 Availability and Accuracy - Although we strive to provide you with excellent service, we do not guarantee that the Wallet and the Services will be available without interruption. Although we intend to provide accurate and timely information, the information provided through the Wallet and the Services (including the content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be updated from time to time without notice, including information regarding our policies, products and services.

Accordingly, you should verify all information before relying on it, and all decisions based on information provided through the Wallet and /or the Services are your sole responsibility and we are not liable for such decisions. Links to Third Party Services may be provided as a convenience but are not controlled by us.

You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any Third Party Services accessible or linked to from the Wallet.

4.2 Token Migrations and Mergers - You are solely responsible for staying informed of any token migrations, mergers, or upgrades initiated by the token issuers. It is your responsibility to follow all communications and instructions from the token projects to migrate or merge their tokens.

Our platform does not automatically handle token migrations, and we take no responsibility for any missed migrations, token losses, or other related issues.

4.3 Transfers - If you elect to make a transfer of your digital assets from your Wallet to any other wallet address, you:

(a) Acknowledge and agree that the Wallet is not intended to facilitate any digital asset transfers to third parties. As part of the Services that we provide, you are only permitted to transfer digital assets to a digital wallet (whether custodial or non-custodial or a cold or hot wallet) held by you;

(b) Acknowledge and agree that we only provide transfer in and out services for the purpose of enabling you to transfer digital assets in to the Wallet to facilitate your use of it and out of the Wallet, to yourself, to enable you to remove digital assets from the Wallet, and that this functionality is only provided incidentally as a necessary part of the Wallet and the Services;

(c) Acknowledge and agree that, as we cannot identify the owner of a digital wallet, it is critical that the details of any digital wallet provided in relation to any transfer under these Terms are correct and current. This is because once digital assets are transferred to another digital wallet, the transaction cannot be reversed.

(d) You represent and warrant that any digital wallet you specify for a transfer is a digital wallet held by you and all details provided are correct and up to date. If you enter the incorrect digital wallet address, we will not be responsible for recovering those digital assets from the unintended recipient. We are not liable for any loss or liability incurred by you as a result of any digital assets being sent to an incorrect or unintended digital wallet.

(e) In respect of digital asset transfers, if you specify a digital wallet that does not belong to you, you acknowledge and agree that:

(i) We are unable to, and will not, confirm whether the digital wallet belongs to you;

(ii) We will at all times rely on the representations and warranties provided under this clause in relation to any digital wallet addresses provided by you;

(iii) The Wallet does not, and is not intended to, facilitate digital asset transfers to digital wallets not held by you and is not supported by us. The facilitation of such transfers may result in the termination of our User Account;

(iv) If we unknowingly transfer digital assets to a digital wallet not held by you because of the information provided by you, we are not knowingly or intentionally facilitating or purporting to facilitate any transfer of digital assets to third parties, we are not operating any form of regulated payment system, and you have exploited our Wallet and Services to procure for yourself a service that we do not provide;

(v) Under no circumstances will we be liable for any loss suffered by you in relation to any transfer of digital assets to a digital wallet not held by you; and

(vi) The indemnity under clause 8 will apply to any loss suffered by us in connection with a digital asset transfer as a result of you providing the address of any digital wallet not held by you.

5 Conduct

5.1 When you access and/or use the Wallet or the Services, you warrant and agree that:

(a) You are of the legal age of majority in your jurisdiction as is required to access the Wallet and the Services; you are not subject to any sanctions and you are otherwise legally permitted to use the Wallet and the Services in your jurisdiction including interacting with the Services or the Wallet in any way;

(b) You will comply at all times with the laws of your jurisdiction and you acknowledge that we are not liable for your compliance with such laws;

(c) You will ensure that all information that you provide to us is current, complete and accurate (including your contact details); and you will only use the Wallet and the Services on your own behalf (and not on behalf of anyone else);

(d) You will not:

(i) License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Wallet or the Services (or any part), including on a service bureau or equivalent basis;

(ii) Frame or enclose any trademark, logo or content (including images, text, page layout or form) relating to the Wallet, or use metatags or other hidden text using the Wallet’s name or trademarks;

(iii) Interfere with or attempt to impair our computer systems or transmit software viruses, worms, other harmful files or other malware;

(iv) Use a robot, spider, scraper or other unauthorised automated means to access the Wallet or the Services or any content on the application (or via Third Party Services or websites);

(v) Attempt to gain unauthorised access to any part of the Wallet or the Services, including to a User Account other than yours;

(vi) Modify, translate, adapt, merge, make derivative works of, reverse engineer, disassemble, decompile, reverse decompile, or otherwise attempt to construct, copy or replicate the Services or the Wallet’s software, source code, formulas or processes (or attempt to do any of them);

(vii) Access or use the Wallet and/or the Services (i) to engage in any restricted, illegal or criminal activities; or (ii) to carry out any act that is illegal in the jurisdiction where the person carrying out the activity is resident, domiciled or located; or (iii) to build a similar or competitive application, Wallet, software or services or for other commercial purposes which would be detrimental or prejudicial to the Wallet, our business or our interests in any way;

(viii) Use systematic, repetitive or other methods which are designed to generate or obtain repeated amounts of data or other information from or to the Wallet or which may otherwise place an unreasonable load on the Wallet infrastructure;

(ix) Copy, reproduce, distribute, republish, download, display, post or transmit any Wallet content (except as permitted under these Terms);

(x) Remove or destroy any copyright notices or other proprietary markings on or in the Wallet or the Services. The Company, its suppliers and service providers reserve all rights not granted in these Terms; and

(xi) Do anything else that may interfere with or negatively affect the operation of the Wallet, the Services or other users’ use and enjoyment of the Services and/or the Wallet.

6 Term and Termination

6.1 Term: The Terms start on the date that you accept them (as described above) and remain in full force and effect for so long as you access or use the Wallet, the Software and / or the Services, unless terminated earlier in accordance with this clause 6.

6.2 Termination by us: We may, at any time, stop providing the Wallet, the Software and/or the Services, and/or terminate the Terms. We may also terminate your access to any or all of the Wallet content. In each case, we will give 30 days prior notice, to enable you to move your digital assets to another wallet.

6.3 Termination by You. If you stop using the Wallet, Software and /or the Services, these Terms will no longer apply (or have effect) to you (except as provided in clause 6.2).

6.4 Effect of Termination. Upon termination, your right to use the Wallet, the Software and the Services automatically ends, and we will have no liability whatsoever to you for any suspension or termination. All provisions of these Terms which by their nature should survive termination of Services will do so, including clauses 6 (Term and Termination), 7 (Warranties, Limitation of Liability), 8 (Indemnity), 9 (Intellectual Property) and 10 (General).

7 Warranties, Limitation of Liability

7.1 No warranties

The Wallet and the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we give no warranties, and disclaim and exclude all implied conditions or warranties, as to the Wallet and the Services.

7.2 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 the Wallet and/or the Services, or the use of or reliance on information contained in or linked to from the Wallet. 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 Wallet and / or the Services, our maximum aggregate liability to you for all claims will be limited to NZD 1,000.

(b) In no event will the Company be liable for any loss of revenue, profit, savings, goodwill, or data; and all other commercial damages or loss, computer failure or malfunction, or any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages (however caused) which arise out of, or in connection with any breach of contract (being these Terms), equity, common law, statutory duty or otherwise.

(c) Our liability is subject to your duty to mitigate your losses, and is excluded to the extent that you contributed to the liability.

(d) Your claim must be made in writing to us within 12 months of the event giving rise to the claim. The Company 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.

8 Indemnity

8.1 To the maximum extent permitted by applicable law, you indemnify us and our related companies (including EC Global Limited) (and our and their officers, directors, employees, contractors and agents) (together, Indemnified Parties) from all loss or damage, liabilities, penalties, fines, costs and expenses (including reasonable solicitor/client fees) (together, Losses) which arise out of or relate to:

(a) Your use of the Wallet, Services and/or Third Party Services;

(b) Any breach of these Terms or the Australian or New Zealand Privacy Policies;

(d) Any damage you may cause to the Wallet, Services and/or Third Party Services.

In each case, except, and to the extent, that such Losses arise from our fraud, wilful negligence or wilful misconduct.

8.2 This indemnity includes Losses relating to intellectual property rights and breaches of privacy.

8.3 We may, at our expense, assume the exclusive defence and control of any matter subject to indemnification by you and you agree to cooperate with us in the defence of such matter.

9 Intellectual Property

9.1 All intellectual property rights in and to the Wallet, the Services, and the software and other material underlying and forming part of the Wallet and the Services (the Wallet Material) is owned by us (and/or our suppliers and licensors), unless stated otherwise in these Terms or in the Wallet. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Wallet Material.

9.2 We grant you a non-exclusive, non-assignable, non-transferable, non-sublicensable and revocable license to use the Software, the Wallet and the Services on your mobile device solely for your personal or internal business purposes. We reserve all right, title and interest not expressly granted under this licence to the maximum extent permitted by applicable law. Any unauthorized use of the Software, Wallet or the Services terminates the licenses granted in these Terms.You may download and print content from the Wallet 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 Wallet or the Services without our prior written consent or otherwise do anything that would infringe our intellectual property rights in the Wallet or the Wallet Material.

9.3 The Wallet’s branding (including its name, graphics, logos, service marks and trade names used on or in connection with the Wallet) are the trademarks of the Company and its licensors and may not be used without our permission. Other trademarks, service marks and tradenames that appear on the Wallet, and/or the Services are the property of their respective owners. References in the Wallet to companies, products, services, branding, offers or other information (whether by trade name, trademark or otherwise) does not mean or imply endorsement, sponsorship or recommendation by us.

9.4 You agree to do anything necessary or reasonably required by us, including executing any documents, to give full effect to this clause 9.

10 General

10.1 These Terms are governed by New Zealand law. Any disputes arising under these Terms shall be settled exclusively before the New Zealand courts, unless the claim is less than $30,000, in which case it shall be dealt with before the Disputes Tribunal.

10.2 By using the Wallet 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 the Wallet and/or Services and using Third Party Services.

10.3 If any part of these Terms is held to be invalid, unenforceable or illegal, 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 Terms remain in full force and effect.

10.4 If we do not exercise or enforce any rights available to us under these Terms, that is not a waiver of those rights.

10.5 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.

10.6 We may send you notices, including relating to these Terms, by electronic communications, in the Wallet or through the Services.

10.7 For any complaints about our Services, please see our Complaints Handling Process for New Zealand or Australia. For any other questions about the Wallet or the Services, please contact us via our third party service provider at [email protected]

10.8 In these Terms, (a) words importing the singular include the plural and vice versa; (b) words importing gender include all genders; (c) including means “including but not limited to”; and (d) references to clauses are to clauses of these Terms.