Terms of Service

These terms were last updated on - 04/03/2022

We are CoinHQ and we’re excited to help you invest in crypto!

  1. Application of terms
    1. These are our terms of service (Terms). These Terms will apply when you access and use the Platform and the Services.
    2. These terms set out how you may use and access the Platform and the Services.
    3. By accessing the Platform and/or Services and/or creating an Account, you are agreeing to these Terms and entering into a legally binding agreement with CoinHQ. In particular, you are acknowledging and agreeing that you have read and understood the Risks section relation to buying, selling or holding Digital Currencies. If you do not agree to these Terms, you must not create an Account and must cease using our Platform and Services immediately.
  2. The Platform and its Services
    Who is this agreement between
    1. The Platform is offered by Trinity (NZ) Limited. In these Terms of Service CoinHQ, we, us or our means Trinity (NZ) Limited and any reference to you or your means you, the person or entity who accessed and/or uses the Platform. What does CoinHQ do?
    2. The Platform enables individuals and/or entities who sign up to the Platform to buy or sell Digital Currency. CoinHQ’s Services include the purchase, sale and exchange of Digital Currency using the Platform. You will need to have a designated compatible Wallet in order to store the Digital Currency that you buy, sell or hold. This may be a Wallet that we provide, or an external Wallet (details of compatible Wallet providers will be available on our website from time to time).
    3. CoinHQ is registered as a financial service provider to provide a client money or property service and operate a money or value transfer service (FSP1001850)
    4. CoinHQ is not (and is not required to be) licensed by a New Zealand regulator to provide the Platform. The Platform is not (and is not required to be) a licensed financial products market for the purposes of the FMCA.
    5. CoinHQ’s registration on the New Zealand Register of Financial Service Providers or membership of the Insurance & Financial Services Ombudsman Scheme does not mean that CoinHQ is subject to active regulation or oversight by a New Zealand regulator.
  3. Creating an Account
    1. If you wish to access and receive the Services, you must create an Account in accordance with the requirements of the Platform and these Terms. Who can create an Account?
    2. Establishment of an Account is at our discretion, but to be eligible you must:
      1. be at least 18 years old;
      2. provide accurate, complete and truthful information as required by us for any reasonable purpose, including Account opening and AML/CFT requirements;
      3. provide a valid email address, mobile number and password; and
      4. consent to us contacting you about your Account (including to verify the personal information that you have provided to us in your Account) or the Services.
    3. Where you are acting as a trustee, you confirm that:
      1. use of the Platform and our Services are within your powers, authority and capacity as a trustee under the relevant trust document; and
      2. you have the full power, authority and capacity to deal with any money or Digital Currency in relation to the Platform, Services and Wallet Services.
    4. You acknowledge that your Account on the Platform may not be immediately activated on submitting your application. Personal information
    5. You authorise us, or third parties we may use, to take necessary steps to validate and authenticate your Account opening information and any other information you provide to us, including for the purposes of complying with AML/CFT requirements.
    6. If we are not satisfied with the outcome of such enquiries, we may terminate your Account immediately, refuse to let you create such an Account or take any other action necessary to comply with any applicable legislation, regulation or if required by one of our regulatory bodies.
    7. If your information changes at any time, you must notify us immediately.
    8. For more information on our collection, use and storage of personal information, please see our Privacy Policy Keeping your information secure
    9. It is your responsibility to maintain the confidentiality and security of any information that may be used to access your Account, including your login information or password. You must notify CoinHQ immediately of any unauthorised access or use of your Account, password or any personal information.
    10. You agree that you will:
      1. not share your password, login information, or other security-related information with any other person that may allow them to access your Account;
      2. not permit any other person to use or access your Account or login information;
      3. not permit any other person to use or access your Account or login information;
      4. notify us if there has been, or you suspect there will be, any unauthorised use of your Account; and;
      5. only create one Account;
    11. You understand that anyone accessing your Account will be able to enter into transactions using your Account, and CoinHQ has no obligation to verify or take any steps to verify any instruction received from you or appearing to be sent by you.
  4. No disclosure documents will be provided
    You acknowledge that we do not issue and/or offer financial products or provide any financial advice within the meaning of the Financial Markets Conduct Act 2013. Accordingly, no disclosure document has been, or will be, provided in relation to the Platform, the Services and any of the Digital Currencies in accordance with the Financial Markets Conduct Act 2013, or any other similar or subsequent legislation. However, you must read the Risks section to familiarise yourself with some of the risks of buying, selling or holding Digital Currencies.
  5. Your obligations
    1. You warrant and agree that you will:
      1. comply with and use the Platform and our Services in accordance with these Terms;
      2. comply with all applicable laws, including cooperating, assisting and providing information to us in relation to such compliance when we request;
      3. act in good faith towards us and other users at all times;
      4. keep your Account username and password secure, confidential, away from misuse;
      5. ensure that all information that you provide to us is current, complete and accurate (including your contact details);
      6. inform us as soon as possible if you become a US person, US citizen or resident for tax purposes;
      7. unless with our agreement, access the Platform via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method;
      8. not use the Platform and/or the Services to engage in any restricted, unethical, or illegal activities (whether illegal in New Zealand or where you are located), including:
        1. money laundering or terrorism financing;
        2. illegal gambling;
        3. fraud;
        4. distributing or funding drugs and drug paraphernalia; or
        5. malicious hacking or placing an unreasonable load on the infrastructure of the Platform;
      9. not use the Platform or Services:
      10. 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; and
      11. report any problems or vulnerabilities with our Platform and/or Services.
    2. Where applicable, you warrant and confirm the necessary authority to act on behalf of another person, or to agree to these Terms or enter into transactions.
    3. You are responsible for your use of the Service. To the maximum extent permitted by law, you agree that:
      1. you are fully responsible for your investment choices, and we are not responsible for how your investments perform;
      2. you have not relied on any representation by us (other than those set out in our Terms) and we have no responsibility of any kind to you if you have;
      3. any information we provide to you is general only, and we have no responsibility of any kind to you for any investments decisions you make that rely on this information;
      4. you understand that the Risks described in these Terms are not intended to be comprehensive and that it is your responsibility to obtain all information and advice that you need to fully understand the risks of buying, selling or holding Digital Currencies; and
      5. you assume full responsibility for any cost, loss, damage, expense, tax or fine related to your use of the Platform or the Services.
  6. Risks
    1. This section sets out important information for users of the Platform.
    2. You must carefully read all available information, including the risks set out below, and consider your personal financial circumstances before accessing the Platform. By accessing our Platform and using our Services, you acknowledge having read this risk section.
    3. If you are unsure about any aspect of buying, selling or holding Digital Currency, you should seek independent advice before using the Platform and its Services.
    4. The risks outlined in this section are not comprehensive and other risks may apply.
      Important information
    5. Buying, selling or holding Digital Currency is highly speculative and carries high risk. You may lose some or all of the money or Digital Currency placed on the Platform. You use the Platform at your own risk and bear the risks associated with buying, selling or holding Digital Currencies.
      Risks of using the Platform
      Volatility of Digital Currency
    6. The value of a Digital Currency may be highly volatile. Factors such as market dynamics, regulatory actions and changes, technical advancements, as well as broader economic and political factors, may cause the value of your Digital Currencies to change significantly over a short period of time. In addition, there may be insufficient liquidity to support an active market in your Digital Currencies, or the market in your Digital Currencies may become susceptible to market manipulation.
      Liquidity
    7. Markets for Digital Currencies have varying degrees of liquidity. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for you to sell, buy, or trade Digital Currencies. Further, any market for Digital Currencies may abruptly appear, vanish or be removed from an exchange.
      Losing your private key
    8. You alone are responsible for securing your private key to your Wallet which holds Digital Currency.
    9. Losing control of your private key will permanently and irreversibly deny you access to your Digital Currencies. Neither we nor any other person will be able to retrieve or protect your Digital Currencies. Once lost, you will not be able to transfer your Digital Currencies to any other address or Wallet. You will not be able to realise any value or utility that the Digital Currencies may hold now or in future.
      Losing your password
    10. If you forget or lose your password to your Account, this may result in the loss of value from any transactions you may have wanted to complete.
      Counterparty
    11. A person holding property on trust for another person generally carries risks. This includes how we hold your Digital Currencies on bare trust for you, or where you use another Wallet provider. These risks include security breaches, risk of contractual breach, and risk of loss of your money or Digital Currencies. You should be aware of the risks of acquiring an interest in trust property held by third parties.
    12. CoinHQ relies on third parties to hold your Digital Currency. These Wallet providers have their own terms and may change their terms. This may result in delays or even barriers to any transactions through the Platform.
      System risks
    13. All Digital Currency, including transactions involving those Digital Currencies, rely on the operation of underlying networks and software. These may be subject to technical weaknesses, bugs, system failures, and hacks by external parties. These failures may affect the platform or its underlying network or software (or those of our third-party providers). You should understand the operation of technology underlying a Digital Currency and the Platform to understand these risks.
    14. Your ability to use the Platform, buy or sell Digital Currency, or withdraw money, may be affected by these technical failures or attacks:
      1. We will make reasonable efforts to notify you where the Platform, or a particular Digital Currency traded on the Platform, has been subject to a technical weakness, bug, system failure, or hack.
      2. If we become aware of an attack, we will assess the best response on a case-by-case basis, which may include suspending transactions on the Platform.
      3. We may also need to do maintenance or upgrades on the Platform from time to time which could affect your ability to use the Platform, buy or sell Digital Currency.
      Security
    15. The transmission of information over the internet (including to or from the Platform) is not completely secure or error free. You should stop transacting when it is clear there has been a breach of security or a system failure that poses a risk to security exists (such as malware, ransomware or phishing).
    16. Digital Currencies, blockchains and platforms may be targeted by malicious persons who may attempt to steal Digital Currency or otherwise interfere with the correct operation of the Platform (for example, through phishing, hacking, smurfing, malware, majority-mining or spoofing).
    17. Malicious persons may also target you in an attempt to steal any Digital Currencies that you may hold, or to claim any Digital Currencies that you may have purchased. This may involve unauthorised access to your Wallet, your private keys, your email or social media accounts, as well as unauthorised access to your computer, smartphone and any other devices that you may use. If you are a victim of such an attack or scam, the hacker may steal money or your Digital Currency.
    18. You alone are responsible for protecting yourself against such actions. You should only access the Platform through its official website (coinhq.co). Never click on a link or download an App from a third party. We strongly recommend that you do not share your user details to prevent unauthorised account use. Your passwords should be unique to CoinHQ and should never be stored insecurely on any personal device.
      Processing of transactions
    19. There is a risk that transactions cannot be settled or are delayed at settlement, that processing times differ for each transaction, or a transaction may be incorrectly processed. These risks can result from, amongst other issues:
      1. user error when providing transaction details (such as providing an incorrect bank account number or other information);
      2. increases in the volume of Digital Currency purchases, and / or withdrawal requests, on the Platform; or
      3. a failure in the Platform (see further information above at system risks) or failure by our third party providers.
    20. CoinHQ may not be able to reverse or recall any such transaction once initiated. You bear all responsibility for any losses that may be incurred in connection with sending Digital Currencies to an incorrect or unintended address.
      Tax
    21. Tax treatment of Digital Currencies may vary across jurisdictions. The tax treatment and accounting of transactions in relation to Digital Currencies is uncertain and subject to prospective and retrospective changes without notice.
    22. You alone are responsible for understanding how the Digital Currencies you buy, sell or hold will be taxed under the laws applicable to you.
      Regulation
    23. New or changing laws and regulations, or interpretations of existing laws and regulations in relation to Digital Currencies, may adversely impact or significantly change the value of Digital Currencies.
    24. You are responsible for ensuring you comply with all applicable laws.
    25. If you are outside of New Zealand, you may be subject (or we may become subject) to laws or regulations of other countries which could prevent you from using the Platform or cause us to change the availability of the Platform and our Services in your country or how we operate or offer the Platform and Services.
    26. You will bear the risk associated with buying, selling and holding Digital Currencies including the risk that exchange rules or procedures, laws or regulation may prohibit or impose cost on transferring Digital Currencies to or by you or the realisation of Digital Currencies. We will not be obligated to substitute another Digital Currency for another whose availability has been affected by such rule, procedure, law or regulation and we will not have any liability to you for any loss resulting from this.
      Consumer protection
    27. We do not intend to offer or market regulated financial products or securities. Therefore, the protections which apply to “regulated offers” (within the meaning in the FMCA) or in relation to licensed exchanges under New Zealand law do not apply.
    28. General consumer protection law may apply, however, to buying, selling or holding Digital Currency on the Platform, including the Services provided by us.
  7. Transactions
    How to trade
    1. You may buy, sell or exchange Digital Currencies in accordance with the process set out on the Platform.
    2. If we provided you with an estimated rate of exchange in relation to a Digital Currency, you acknowledge that this rate:
      1. may change before a transaction is completed; and
      2. is inclusive of all fees, unless otherwise stated.
    3. To complete the transaction and purchase the Digital Currency, you must:
      1. confirm the transaction; and
      2. pay the Trade Amount to us in cleared funds and without deduction or set off in accordance with the process set out on the Platform.
    4. Once you have confirmed the transaction, you cannot cancel or amend the transaction.
    5. We will use reasonable endeavours to process your transaction within one Business Day of us receiving the Trade Amount in cleared funds. However, you acknowledge that processing your transaction may take longer to complete and we accept no responsibility or liability if it does.
    6. We may refuse to act on, delay, suspend or cancel a transaction if:
      1. we believe the transaction may include, enable or be linked to illegal activity, breach of our Terms or the law, including the activities outlined in clause 5.1;
      2. we believe that the transaction contains, or is based on, an obvious error;
      3. there are technical reasons that prevent us from completing the transaction; or
      4. we receive a request from a law enforcement or government agency, or are otherwise required by law, to do so.
    7. We may exercise our rights under clause 7.6 at our sole discretion and are not required to provide our reasons for doing so. We will not be liable for any loss arising from (or as a consequence from) a decision to delay, suspend or cancel a transaction. You agree that you will pay us any cancellation fee or other cost that we may need to pay for a transaction that was cancelled because of an error in your instruction or otherwise caused by you.
    8. You acknowledge that we can set and amend limits on transactions from time to time (including the dollar value, amount of Digital Currency, or type of Digital Currency). Take care when making trades
    9. It may not be possible to reverse a transaction once processing has commenced.
    10. 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.
    11. If you become aware of an error in an instruction or transaction, you must immediately let us know and take all reasonable steps to reduce the chance of you or anyone else suffering loss. Settling a trade
    12. In order to settle a transaction, you must (as applicable):
      1. provide us with details of your designated compatible Wallet address;
      2. nominate that CoinHQ store the Digital Currency as part of our Wallet Services; or
      3. provide us with details of your nominated bank account.
    13. Settlement will occur when the Digital Currency or fiat currency is transferred into your Wallet or nominated bank account (as applicable).
    14. Unless we agree otherwise:
      1. you are responsible for settlement of every transaction that you make through the Platform and you are responsible for any losses we incur as a result of your failure to deliver appropriate settlement instructions to us; and
      2. you have no entitlement to a Digital Currency or fiat currency until it has been received by or transferred to us.
    15. 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 Digital Currency in New Zealand.
    16. We will notify you as soon as practicable after a trade has been settled. You acknowledge that this may be provided by electronic communication.
  8. Fees
    1. When you place a transaction on the Platform, we may charge a transaction fee. This transaction fee will be part of the quoted rate to buy, sell or exchange the Digital Currency. We will not separately display the transaction fee. You acknowledge that the quoted rate will be inclusive of all fees, including:
      1. CoinHQ’s fee of 0.7%; and
      2. underlying fees – such as exchange fees, mining fees, network fees, withdrawal fees and other charges.
    2. The amount of the transaction fee may differ depending on the size and type of transaction.
    3. Where you use a credit card to complete a transaction, a credit card fee may apply. Where a credit card fee applies, we will charge this fee to your credit card.
    4. We may charge a fee for our Wallet Services. This fee is 0.2% of the Digital Currency held on your behalf.
    5. You can find more information about our fees on our website.
    6. You are responsible for any fees, costs or expenses incurred by you in relation to receipt of our Services.
    7. When you use the Platform, you agree to pay us the fees referenced above or otherwise notified to you when you use the Service.
    8. We may change our fees from time to time by giving you notice.
    9. If amounts are outstanding by you, you agree that we can do either one, or a combination of, the following:
      1. set off any money you owe us against money we owe you;
      2. immediately cancel or suspend any transactions without any responsibility to you; and
      3. take legal action against you to recover any debt and any costs and expenses we incur in recovering the debt.
  9. Wallet Services
    1. When you use our Wallet Services, we will hold the Digital Currency that you have bought or wish to hold on bare trust for you.
      How we hold your Digital Currency
    2. We will hold your Digital Currencies separately from any Digital Currencies we own.
    3. You agree that we may pool your Digital Currencies with the Digital Currencies of other users. We will hold these Digital Currencies in a pooled account under our name. Your holdings are individually identifiable by us through the records we maintain.
      We use Copper to provide Wallet Services
    4. We use Copper (copper.co) to provide these Wallet Services. You agree, however, that we may appoint a different third-party custodian at our direction. Copper is independent of us. We do not accept responsibility for any default or delay in the distribution of Digital Currencies or money as a result of Copper’s failure.
    5. You acknowledge that we are bound by Copper’s terms and conditions and agree that we may take any necessary action to comply with those terms and conditions.
      We only hold supported Digital Currency
    6. You acknowledge that we provide Wallet Services for Digital Currencies which are supported on the Platform. We may specify that a Digital Currency is not or no longer supported via the Platform from time to time, including where it is not supported by Copper or any other relevant service provider.
    7. If a Digital Currency becomes unsupported, we will no longer be able to hold this Digital Currency in our Wallet for you. When this occurs, we will provide you with as much notice as possible so that you can make alternative arrangements to withdraw your unsupported Digital Currencies. However, advance notice may not always be possible due to changes in applicable law or regulations.
    8. If you do not make alternative arrangements for unsupported Digital Currencies within the period specified in our notice, we may arrange for the disposal of your unsupported Digital Currency for supported Digital Currency or fiat currency which we deem, in our sole discretion, to be the most appropriate alternative.
      When you stop using our Wallet Services
    9. If you decide to stop using our Wallet Services, or your Account is terminated, we will transfer any remaining Digital Currencies that we hold for you to an external Wallet provider that you designate (provided that the Wallet provider is compatible with our Platform).
    10. You acknowledge and agree that where a compatible Wallet address cannot be provided, we may sell on your behalf the remaining Digital Currencies that you hold with us.
  10. Market Information
    1. We may make Market Information available to you as part of our Services. We use sources that we believe to be reliable and take reasonable care and skill to choose independent information providers. However, we cannot promise that market information is timely, accurate or complete.
    2. You must satisfy yourself that market information is reliable before you may any decisions or take any actions based upon it.
  11. Termination
    1. You may terminate your Account with immediate effect, at any time, by giving written notice to us via the Platform.
    2. CoinHQ may suspend, limit, restrict or terminate the access to the Platform and Services, including your Account, if:
      1. we consider that you have breached New Zealand law or these Terms;
      2. we receive a serious complaint or multiple complaints about you from any other person;
      3. we, in our reasonable discretion, deem your behaviour to be unacceptable, including if:
        1. you gain or attempt to gain unauthorised access to the Platform or another member’s Account;
        2. 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;
        3. you use or attempt to use the Platform in order to perform illegal or criminal activities, or in relation to any scam or misleading or deceptive conduct, whether knowingly or unknowingly;
        4. your use of the Platform is subject to any pending investigation, litigation or government proceeding;
        5. you fail to pay or fraudulently pay for any transactions; and
        6. your conduct may, in our reasonable opinion, bring us into disrepute or adversely affect our reputation or image;
      4. there is a technical or operational difficulty;
      5. we are required by law to do so; or
      6. we receive a valid request from a law enforcement or government agency to do so.
    3. We may also terminate these Terms and cease to provide the Services and the Platform if we cease to conduct business or undergo an insolvency event, meaning (for example) that we become unable to pay our 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.
    4. In the event of a suspension, limitation or restriction, we will use reasonable endeavours to restore your access to the Platform and Services, including your Account, within 14 days of you demonstrating to us, acting reasonably, that the reason for such suspension, limitation, or restriction no longer exists.
    5. On suspension, limitation, restriction or termination:
      1. we are not obligated to, but may at our discretion, complete any pending or processing transactions;
      2. you must pay all outstanding fees and other amounts owing to us; and
      3. you must immediately cease using the Platform and Services and must not attempt to gain further access.
    6. We do not accept any responsibility for any loss that you may suffer from our decision to suspend, limit, restrict, or terminate your Account.
  12. Disclaimers
    1. To the maximum extent permitted by law, the Platform and the Services are provided on an “as is” and “as available” basis without any warranty of any kind. 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. Without limiting this clause 12.1, we do not warrant that the Platform and/or the Services:
      1. are fit for your purpose;
      2. will be compatible with your equipment; or
      3. 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.
    2. While we will take reasonable care to ensure that the information available on or accessed through the Platform and/or the Services is correct, you are solely responsible for the actions you take in reliance on that information. You should independently satisfy yourself as to the accuracy of all information provided through the Platform.
  13. Limitation of Liability
    1. You acknowledge that your use of the Platform and/or Services is entirely at your own risk.
    2. 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 this Platform, unless this is caused by our gross negligence, wilful default or fraud. Without limiting this clause, this includes liability from any:
      1. corruption or loss of data or other information;
      2. exposure to malware from use of the Services and/or the Platform;
      3. interruption, suspension or discontinuance of the Platform or the Services; or
      4. time delays or resulting pricing differences between the time or price shown and recorded on our systems and the time or price shown and recorded on your own computer or mobile device.
    3. We are not liable for any default, insolvency, act or omission of any third-party provider (including exchange, bank or third party custodian).
    4. We are not liable for any delay in performing or failing to perform the Services, or breach of these Terms due to any circumstance or event beyond our reasonable control (including act of God, pandemic, or change of law, regulations or policy). We will aim to use reasonable efforts to perform our obligations as soon as practicable following the cessation of these events.
    5. Where you are a ‘consumer’ for the purposes of the Consumer Guarantees Act 1993, nothing in these Terms limits or excludes your consumer guarantees and remedies pursuant to that legislation. Nothing in these Terms is intended to limit any rights or remedies pursuant to the Fair Trading Act 1986.
    6. To the extent clauses 13.1, 13.2 and 13.3 do not apply, and subject to clause 13.7, 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 1 percent (%) of the total value of fees paid to us in the previous 12 months..
    7. Any claim must be made in writing to us within 12 months of us confirming your order. CoinHQ 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.
  14. Indemnity
    1. To the maximum extent permitted by law, you indemnify us from and hold us harmless against any and all loss or damage, liabilities, penalties, fines, expenses and costs which arise out of or relate to:
      1. your use of the Platform and/or the Services;
      2. any breach of these Terms or Privacy Policy by you;
      3. any information that you provide to us via this Platform; or
      4. any damage that you may cause this Platform.
    2. This indemnification includes without limitation, liability relating to intellectual property rights and breaches of privacy.
  15. Use of Third Party Websites and Content
    1. This Platform may contain links to 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.
    2. 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 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.
    3. 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.
    4. 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.
  16. Auditing and Monitoring
    1. As part of CoinHQ’s compliance program (to manage compliance with these Terms and any law or requirement by any authority), we reserve the right to:
      1. review, audit and monitor (manually or through automated means) your use of the Platform and/or the Services;
      2. take any action we deem appropriate in our sole discretion in accordance with our policies, including suspending or terminating your 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
      3. 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.
  17. Intellectual Property
    1. 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.
    2. When using this 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 only as required for your use of the Platform and the Services and as expressly permitted in these Terms.
    3. You may download and print content from this Platform for your own personal or internal business purposes only.
    4. 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.
    5. 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.
    6. We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws and you agree to do anything necessary, including executing any documents, to give full effect to this clause 17.
  18. 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.
  19. Amendments to these Terms
    1. We may change these Terms, by updating them on our website, in whole or in part, at any time, by giving you notice. However, we do not need to give you notice of changes where the change where there is no materially negative impact on you or where there are incidental changes. Unless stated otherwise, such changes take effect immediately.
    2. By continuing to access and use the Platform and Services, you agree to be bound by the changed Terms.
  20. Dispute Resolution
    1. For any questions or complaints about our Platform or our Services, please contact us at [email protected] Upon receiving your written complaint, we will acknowledge your complaint by email within 5 Business Days of receiving it.
    2. We will aim to undertake our review of your complaint and send any findings to the email address with which you sent the complaint.
    3. If we don’t resolve a complaint to your satisfaction or if we do not resolve your complaint within 30 Business Days of receiving your complaint, you can also direct your complaint to the Insurance & Financial Services Ombudsman Scheme at PO Box 10-845, Wellington 6143 or call 0800 888 202 or email [email protected].
  21. General
    Entire Agreement
    1. These Terms set out everything agreed by the parties relating to your use of the Platform and Services, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.
    2. You acknowledge that you have not relied on any representation, warranty or agreement relating to the Platform and Services that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
      New Zealand Law
    3. These Terms, and any dispute relating to these Terms, the Platform or the Services are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Platform or the Services.
      You are responsible for any taxes that apply
    4. 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.
      Severance
    5. If any provision of the Terms are held to be invalid, unenforceable or illegal for any reason, that provision must be read down to the extent necessary to preserve its operation. If it cannot be read down it must be severed, and the remaining parts of the Terms will remain in full force and effect.
      No Waiver
    6. A failure for us to enforce any provision of these Terms shall not constitute a waiver for such provision. For us to waive a right under these Terms, the waiver must be in writing.
      Assignment
    7. You may not assign, transfer and/or subcontract any of your rights under these Terms.
    8. We may transfer any of our rights and obligations under these terms in whole or in part to anyone. We can appoint any person to advise on or perform any of our functions or responsibilities under our terms. We will satisfy ourselves that anyone we delegate any of our functions or responsibilities to is competent to carry these out.
      Notices
    9. You can notify, contact or email us at [email protected]
    10. 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.
  22. Interpretation of these Terms
    1. 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.
    2. In these Terms:
      1. Account means your account registered with us in order to use the Platform.
      2. AML/CFT means requirements under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and associated regulations.
      3. Business Day means any day other than a Saturday, Sunday or public holiday observed in Auckland, New Zealand.
      4. CoinHQ means Trinity (NZ) Limited.
      5. Digital Currency includes cryptocurrencies, digital or crypto assets, alt-coins, e-money, virtual money.
      6. FMCA means the Financial Markets Conduct Act 2013.
      7. Market Information means information that we provide in connection with our Services, and includes Digital Currency prices, exchange rates and quotations.
      8. NZ$ means New Zealand Dollar.
      9. Personal Information means information about an identifiable, living person.
      10. Platform means the website coinhq.co and its related applications offered by CoinHQ.
      11. Platform Material means 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.
      12. Privacy Policy means the policy designated by CoinHQ from time to time and available on its website.
      13. Services means our performance of activities in relation to the Platform and any other activities for which we may need to interact with you. It includes include the purchase, sale and exchange of Digital Currency using the Platform.
      14. Terms means these terms of service.
      15. Third Party Content means any content provided by a third party (and not by CoinHQ).
      16. Third Party Website means any other website other than the Platform.
      17. Trade Amount means (as applicable):
        1. money in NZ$ you would like to trade with on the Platform; or
        2. Digital Currency you would to exchange or sell on the Platform.
      18. Wallet means a device, program, or service used to hold the public and/or private keys for Digital Currency.
      19. Wallet Services means our performance of activities in relation to providing a Wallet for which we may need to interact with you. It includes the storage of Digital Currency through a third-party provider.