Easy Crypto Limited – Terms and Conditions of use

These terms and conditions of use (the “Terms”) apply to you when you access and use the Platform and the Services (as defined below) that are offered by Easy Crypto, and set out how you may use and access the Platform and the Services. By accessing the Platform and/or Services and/or creating a User Account, you are agreeing to these Terms and entering into a legally binding agreement with Easy
Crypto. In particular, you are acknowledging and agreeing that you have read and understood the “Risks of Trading and/or Holding Digital Currency” section in clause 3 below. If you do not agree to these Terms, you must not create a User Account and must cease using our Platform and Services immediately.

1. The Platform and the Services

1.1 The website www.easycrypto.co.nz, together with its related mobile applications, (collectively the “Platform”;) is operated by Easy Crypto Limited NZBN 9429046530141. In these Terms and Conditions, “Easy Crypto”, “we”, “us” or “our” means Easy Crypto Limited, and any reference to “you” or “your” means you, the person or entity who accesses and/or uses the Platform and/or the Services.

1.2 The Platform enables individuals who sign up to use our services to acquire digital currency (which may also be known as cryptocurrencies, e-money, virtual money, alt-coins) (together, “Digital Currency”). Our services include the purchase, exchange and creation of portfolios of Digital Currency using the Platform (collectively the “Services”).

1.3 As part of the Services, we provide you with a portfolio, which is a digitally-secured file that may contain one or more Digital Currencies. This encrypted file and/or any Digital Currencies contained within are collectively referred to as the “Portfolio” in these Terms.

2. Registration and Eligibility

2.1 If you wish to access and receive the Services, you must create an account in accordance with the requirements of the Platform (a “User Account”).

2.2 You may only create a User Account:

a. if you are an entity, you are incorporated and/or have a place of business in New Zealand;

b. if you are an individual, you are at least 18 years old and live in New Zealand;

c. if you provide accurate, complete and truthful information as required by our User Account creation process;

d. if you provide a valid email address and password; and

e. subject to the provisions contained in our Privacy Policy, consent to us contacting you about your User Account and your User Profile (including to verify the personal information that you have provided to
us in your User Account and User Profile) or the Services.

2.3 By creating a User Account, you authorise Easy Crypto to use your personal information to make enquiries to verify your identity either directly or through third parties, in order to protect our Platform, Services and other users against fraud or illegal activities and to meet our anti- money laundering requirements. If we are not satisfied with the outcome of such enquiries, we may terminate your User Account immediately or refuse to let you create such a User Account.

2.4 It is your responsibility to maintain the confidentiality and security of any information that may be used to access your User Account, including your password. You must notify Easy Crypto immediately of any unauthorised access or use of your account, password or any other applicable breach of our Platform and Services by submitting a support request on our website. You understand that anyone accessing your User Account will be able to enter into transactions using your Portfolio, 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.

2.5 Importantly, you agree that you will:

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 if there has been, or you suspect there will be, any unauthorised use of your User Account; and

d. only create one User Account, you will not register as a user under multiple personas (whether false or not).

3. Risks of Trading and/or Holding Digital Currencies

3.1 You acknowledge and agree that:

a. the trading and/or holding of Digital Currency is unlike traditional currencies, goods or commodities in the market: it involves significant and exceptional risks and the losses can be substantial. You should
carefully consider and assesses whether trading or holding of digital currency is suitable for you depending upon your financial circumstances and tolerance to risk and you should take independent
financial advice;

b. we have not advised you to, or recommended that you should, use the Platform and/or Services, or trade and/or hold Digital Currencies;

c. once a transaction involving the transfer of Digital Currencies has been completed, it is impossible to reverse it;

d. unlike other traditional forms of currency, Digital Currency is decentralised and is not backed by a central bank, government or legal entities. As such, the value of Digital Currencies is extremely volatile
and may swing depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors. Easy Crypto makes no warranties or representations as to the future value of any Digital Currencies and accepts no liability for any change in value of your Portfolio;

e. you must exercise extreme caution whenever you select, store or transmit your private keys that relate to the Digital Currency in your Portfolio. If another person learns your private key then they can take
your funds. If you forget or lose your private key or password, we cannot provide a back-up and you can lose your Digital Currency; and

f. Easy Crypto is not responsible or liable for your Portfolio in any way, including for any misappropriation, loss or theft of your Portfolio, once your Portfolio is delivered to you: we do not retain “back-ups” of the
Portfolio or any records of the Digital Currencies that it contains. You acknowledge that it is important for you to take precautions when transferring and storing your Portfolio and that you should familiarise
yourself with the security measures available when using an e-wallet service or other device for storage. You acknowledge that you should always take a greater degree of care and precaution to secure your
passwords when operating in a digital environment.

3.2 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 Digital Currencies, under the Financial Markets Conduct Act 2013, the Financial Advisers Act 2008 or any other similar legislation.

4. Your Obligations

4.1 You warrant to us that you are a bona fide user of the Platform and Services of Easy Crypto for the purposes of purchasing Digital Currency.
4.2 You acknowledge and agree that Easy Crypto is acting as your agent.
4.3 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 Digital Currency. If there is an error in those instructions, then that is your risk and we do not accept any responsibility or liability.
4.4 The purpose of our Platform and Service rules is to facilitate a safe and enjoyable experience for all users. When you use our Platform or Services, you 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 transit 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 shown 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 but not limited to your contact details);

g. not use the Platform and/or the Services to engage in any restricted or criminal activities, including but not limited to:
i. financing terrorist organisations;
ii. money laundering;
iii. illegal gambling;
iv. fraud;
v. distributing or funding drugs and drug paraphernalia; or
vi. malicious hacking;
h. not use the Platform or Services for:
i. wire transfer money orders;
ii. as a means to transfer funds between bank accounts;
iii. to carry 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
iv. commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
i. 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
j. 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 Platform.

4.5 You agree to keep a secure copy of your Portfolio passphrase. You acknowledge that Easy Crypto will not keep a record of this passphrase and that we have no responsibility or liability if you lose or forget your passphrase or if it is misappropriated or stolen. You acknowledge that you will be unable to access your Portfolio or any of the Digital Currencies within it without this passphrase.

4.6 Easy Crypto encourages you to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website.

5. Service Fees

5.1 The Services are subject to fees and exchange rates at the time of our
purchase of the relevant Digital Currency on your behalf. These rates may
vary from those shown at the time that you place your order. Easy Crypto
accepts no responsibility or liability for any change in fees or rates that
result in a loss of value occurring during processing of your order.
5.2 The sale of any Digital Currency on the Platform is deemed to take place
in New Zealand. On completion of the sale, you are deemed to take
possession of your Portfolio in New Zealand.
5.3 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 but not limited to the activities outlined in clause 9;
b. There are technical reasons that prevent us from completing the
transaction; or
c. We receive a request from a law enforcement or government agency to
do so.

6. Termination

6.1 Easy Crypto may suspend, limit, restrict, deactivate or terminate 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 or
another member’s User Account;
c. there is a technical or operational difficulty;
d. 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;
e. you use or attempt to use the Platform in order to perform illegal or
criminal activities;
f. your use of the Platform is subject to any pending investigation,
litigation or government proceeding;
g. you fail to pay or fraudulently pay for any transactions;

h. we are unable to support your use;
i. you breach these Terms;
j. we, in our sole 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; and/or
l. we receive a request from a law enforcement or government agency to
do so.

7. Service Limits, Disclaimers and Limitations of Liability

7.1 No warranties
a. You acknowledge that any information that you rely on, or transactions
that you enter into, using the Platform or the Services are entirely at
your own risk. You are solely responsible for the actions you take in
reliance of the information available on or accessed through the
Platform and/or the Services.
b. The Platform and the Services are provided on an “as is” and “as
available” basis. Other than any claims you may have under clause 9,
to the maximum extent permitted at law, we disclaim and exclude all
implied conditions or warranties as the Platform and the Services.
Without limiting the foregoing we do not:
i. give any warranties of merchantability, fitness for a particular
purpose and non-infringement;
ii. warrant that the Platform and/or the Services will be compatible
with your equipment; or
iii. 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.
c. You acknowledge that the Platform does not contain all information
that you will require in order to evaluate whether or not you should
invest, use or trade in a Digital Currency. We also do not 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.
d. You should independently satisfy yourself as to the accuracy of all
information provided through the Platform.

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 (however caused,
including due to negligence of Easy Crypto, its employees or agents or

resulting from any third party) 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:
i. corruption or loss of data or other information;
ii. malware that may be transmitted to your computer by use of the
Services and/or the Platform;
iii. interruption, suspension or discontinuance of the Platform or the
Services; or
iv. 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.

7.3 Liability cap
Other than any claims a user may have under clause 9, our maximum
aggregate liability to you, whether for negligence, breach of contract,
misrepresentation or otherwise shall in no circumstances exceed
NZ$200.
7.4 Force Majeure
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 but not limited
to, change of law, regulations or policy, or an event of force majeure.

8. Indemnity

8.1 To the maximum extent permitted by law, you indemnify us from and
against any all loss or damage, penalties, fines, expenses and costs which
arise out of or relate to:
a. your use of the Platform and/or the Services;
b. any breach of these Terms or Privacy Policy;
c. any information that you provide to us via this Platform; or
d. any damage that you may cause this Platform.
8.2 This indemnification includes without limitation, liability relating to
intellectual property rights, defamation and breaches of privacy.

9. Fair Trading Act and Consumer Guarantees Act applies

If you are a “consumer” for the purposes of the Fair Trading Act 1986 and
Consumer Guarantees Act 1993, 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.

10. Use of our Platform and Services

10.1 Security
You acknowledge 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.

10.2 Linking
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
through Third Party Websites and Third Party Content are the sole
responsibility of the operator of the Third Party Website or the author of
the Third Party Content and in so far as such links to Third Party
Websites or Third Party Content are hosted 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 Third Party Website 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.

10.3 Cookies

We may use cookies to identify your computer on our server and so we
can track your use on our Platform. In some instances, cookies may
collect and store personal information about you. Such personal
information will only be used by us in accordance with our Privacy
Policy.

10.4 Supported mobile devices and browsers
a. For optimum performance, we recommend that you use the latest
version of your current Web browser to access the Platform. It is the
intent of Easy Crypto that all of its Web pages and Web-based
applications will work well with Google Chrome and
the current stable release and one previous release of Mozilla
Firefox, Apple Safari, and Microsoft Edge.
b. Web browsers that are fully compatible with these browsers and older
versions of these browsers may also be suitable, but Easy Crypto does
not design, maintain, or test for browsers that are not listed above.

11. Auditing and Monitoring

11.1 As part of any Easy Crypto compliance program (to manage compliance
with these Terms and Conditions and any law or requirement by any
authority), we reserve the right to:
a. review, audit and monitor (manually or through automated means) 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 suspend or terminate your User
Account, edit, remove or block any content that we deem inappropriate
or unacceptable, and in the case of any illegal or suspected illegal
activity, report 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:
i. comply with any legal process;
ii. enforce these Terms;
iii. respond to any claims or complaints about any content you
submit, or act or omissions by you;
iv. respond to your customer service requests; and
v. protect the rights, property, safety of us, any user or the public.

12. Intellectual Property

12.1 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 in these Terms or
elsewhere on the Platform.
12.2 When using this Platform and/or the Services, we grant you a limited, non-
exclusive, non-transferable licence to access and use those software,
tools or applications only as required for your use of the Platform and the
Services and as expressly permitted in these Terms.
12.3 You may download and print content from this 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.
12.4 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.
12.5 We reserve all right, title and interest not expressly granted under this
licence to the fullest extent possible under applicable laws.

13. Privacy

Any personal information we collect about you via this Platform will only
be used and disclosed by us in accordance with our Privacy Policy.

14. Amendments to these Terms

14.1 We may amend or modify (“Amendments”) these Terms in whole or in
part, at our discretion. Notices of any such Amendments will be given at
least [30] days’ in advance on the homepage of our website
www.easycrpto.co.nz.
14.2 If you continue to use the Platform and/or the Services after the expiry of
any notice period, you will be deemed to have accepted the Amendments,
which will apply to your use of the Platform and Services going forward. If
you do not agree with the Amendments, in whole or in part, you must not
access the Platform or the Services.

15. General

15.1 These Terms are governed by the laws of New Zealand. Any and all
disputes arising under this Agreement shall be settled exclusively before
courts of competent jurisdiction in New Zealand.
15.2 By using our Platform, you accept that it is your responsibility to
determine whether and to what extent, any taxes apply to any transactions
you conduct through our Services.

15.3 If any provision of the Terms are held to be invalid, unenforceable or
illegal for any reason, the remaining parts of the Terms will remain in full
force and effect.
15.4 If we do not exercise or enforce any rights available to us under these
Terms that does not constitute a waiver of those rights.
15.5 You may not assign, transfer and/or subcontract any of your rights under
these Terms.
15.6 We may provide you with notices, including notices relating to these
Terms by way of electronic communications, including by email or other
electronic communication on the Platform or through the Services.
15.7 For any questions about the Platform or the Services, please contact our
helpdesk:
Email: [email protected]
15.8 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.