Policies and disclosures
Terms of Service
The agreement that governs your Flow Crypto account, orders, payments and use of the service.
Important notice
These Terms of Service are a legal agreement between you and Flow Crypto Limited. Please read them together with our Privacy Policy, Risk Disclosure Statement, Fee Schedule, and any order confirmation shown to you before you use our Services.
Digital Assets are high-risk, volatile and speculative. You may lose some or all of the money you spend on Digital Assets. Digital Asset transfers are generally irreversible. Flow Crypto does not provide financial, investment, legal, accounting or tax advice.
Flow Crypto is not a bank, deposit taker, trustee, custodian, managed investment scheme, financial adviser or government-backed investment provider. Digital Assets are not legal tender, are not bank deposits and are not protected by any deposit insurance or government guarantee.
1. About Flow Crypto and these Terms
1.1 Company details
Flow Crypto Limited is a New Zealand limited company.
| Legal name | Flow Crypto Limited |
|---|---|
| Company number | 9411094 |
| NZBN | 9429053498816 |
| Website | flowcrypto.co.nz |
| General email | hello@flowcrypto.co.nz |
| Support and complaints email | support@flowcrypto.co.nz |
| FSP registration number | FSP1012783 |
| External dispute resolution scheme | Financial Dispute Resolution Service (FDRS) |
In these Terms, "Flow Crypto", "we", "us" and "our" mean Flow Crypto Limited. "You" and "your" mean the person or entity that creates an Account, places an Order, accesses our website or uses our Services.
1.2 Agreement to these Terms
By creating an Account, placing an Order, setting up an Auto-Buy Plan, using our website or otherwise using our Services, you agree to be legally bound by these Terms and the documents referred to in these Terms. If you do not agree, you must not use our Services.
1.3 Other documents
These Terms are supplemented by:
- our Privacy Policy;
- our Risk Disclosure Statement;
- our Fee Schedule;
- any Auto-Buy, Swap, Referral Programme or campaign terms that apply to a specific feature or promotion; and
- any quote, order confirmation, warning, risk acknowledgement or instruction shown to you during the order flow.
If there is an inconsistency, the more specific document applies to the relevant issue. An order confirmation applies to the specific Order it relates to. These Terms apply to all other matters unless another document expressly says it overrides these Terms.
1.4 Changes to these Terms
We may update these Terms from time to time. Material changes will generally take effect no earlier than 14 days after we notify you or publish the updated Terms, unless a shorter period is required for legal, regulatory, AML/CFT, sanctions, tax, banking, fraud-prevention, security, technical or urgent operational reasons.
Your continued use of the Services after the effective date of the updated Terms means you accept the updated Terms. If you do not accept an update, you must stop using the Services and may request closure of your Account, subject to any legal, AML/CFT, sanctions, tax, fraud-prevention, security or operational restrictions that apply.
1.5 Availability of the Services
We may change, suspend, restrict, withdraw or discontinue any part of the Services at any time, including supported Digital Assets, supported networks, order types, transaction limits, payment methods, Auto-Buy Plans, Swaps, Referral Programme terms and tax-reporting tools.
2. Definitions
In these Terms:
Account means your Flow Crypto user account.
Auto-Buy Plan means a recurring purchase arrangement that you set up through the Services.
Business Day means a day other than a Saturday, Sunday, New Zealand public holiday or bank holiday in New Zealand.
Digital Asset means a cryptocurrency, crypto-asset, token, stablecoin or other digital asset supported by Flow Crypto from time to time.
External Wallet means a wallet address outside the Flow Crypto platform, including a self-hosted wallet or a wallet hosted by another exchange, custodian or virtual asset service provider.
Fee Schedule means our published fee schedule or fee information shown in the order flow, as updated from time to time.
Liquidity Provider means a third-party exchange, broker, market maker, liquidity provider or other service provider used by Flow Crypto to source, sell, buy, convert or transfer Digital Assets.
Network Fee means a blockchain, miner, validator, gas, withdrawal or similar network or transfer fee.
Order means a request to buy, sell, swap or otherwise transact in Digital Assets through the Services.
Quote means a price, rate, estimate or other transaction information displayed to you before or during an Order.
Restricted Jurisdiction means any country, territory or region that we restrict for legal, regulatory, AML/CFT, sanctions, fraud-prevention, banking, security, tax or risk-management reasons.
Services means the Flow Crypto website, platform and services, including buy/sell brokerage, Swaps, Auto-Buy Plans, portfolio tools, tax-reporting tools, Referral Programme and related services.
Swap means a crypto-to-crypto conversion using the Services.
3. Eligibility and Account registration
3.1 Who may use the Services
You may use the Services only if you:
- are at least 18 years old;
- are ordinarily resident in New Zealand, unless we expressly approve otherwise in writing;
- have a New Zealand bank account in your own legal name, unless we expressly approve another arrangement in writing;
- are using the Services for yourself and not as a nominee, agent, intermediary, mule, trustee or front person for someone else;
- are not located in, resident in, incorporated in, controlled from or acting for a person in a Restricted Jurisdiction;
- are not subject to sanctions and are not owned or controlled by a sanctioned person;
- have full legal capacity and authority to enter into these Terms; and
- comply with these Terms and all applicable laws.
We may refuse to open an Account, restrict an Account or close an Account if you do not meet our eligibility requirements or if we cannot verify that you meet them.
3.2 Entity Accounts
The Services are primarily designed for New Zealand retail customers. You must not open or operate an Account for a company, trust, partnership, incorporated society, club or other entity unless we expressly approve the entity Account and complete all required checks on the entity, beneficial owners, controllers, authorised users and related persons.
3.3 Identity verification and customer due diligence
You must complete all identity verification, customer due diligence, enhanced due diligence, source of funds, source of wealth, sanctions screening, politically exposed person screening, adverse media screening, fraud-prevention, bank-account verification, tax self-certification and other checks that we reasonably require.
This may include providing or allowing us and our third-party providers to process:
- your full legal name, date of birth, residential address, email address and phone number;
- government-issued identity documents, such as a New Zealand driver licence or passport;
- biometric liveness information and identity verification results;
- Didit or other identity verification, database, PEP, sanctions and adverse media screening results;
- tax residence, IRD number, tax identification number and self-certification information;
- bank account details, payment references and bank transfer sender details;
- wallet addresses, wallet ownership or control information and beneficiary information;
- source of funds, source of wealth, employment, income or transaction-purpose information;
- device, session, IP address, geolocation, VPN, proxy, Tor and fraud-risk information; and
- any other information we reasonably require for legal, regulatory, AML/CFT, sanctions, tax, fraud-prevention, security, banking or risk-management purposes.
You authorise us to make enquiries and obtain information from third parties where lawful and reasonably necessary for these purposes.
3.4 Ongoing verification
Verification is ongoing. We may require updated information or further evidence at any time, including before or after an Order is placed. We may delay, hold, cancel, reject or restrict any Account, Order, payment, refund, withdrawal, wallet address or transaction while we complete checks or while information remains outstanding.
3.5 Accuracy of information
You must provide complete, accurate, current and not misleading information. You must promptly update your Account if any information changes. You must not use false information, another person's identity, another person's bank account, another person's wallet address or any account, device or network designed to hide your identity or location.
3.6 One Account only
Unless we approve otherwise in writing, you may hold only one active Account. You must not create duplicate Accounts, use another person's Account, allow another person to use your Account or attempt to bypass our verification, limit, monitoring or risk controls.
3.7 Account security
You are responsible for keeping your login credentials, devices, email account, phone number, two-factor authentication method, wallets, private keys, seed phrases and recovery phrases secure. You must notify us immediately if you suspect unauthorised access, compromise, fraud, phishing, malware, scam activity or any other security issue affecting your Account or an Order.
We are not responsible for losses caused by your failure to keep your Account, devices, email, phone, authentication method, wallets, private keys or seed phrases secure, except to the extent that liability cannot legally be excluded or limited.
3.8 Communications
We may communicate with you by email, website notice, in-platform notice, SMS, phone or any other contact method linked to your Account. You are responsible for keeping your contact details up to date. Notices are treated as received when we send or publish them, unless applicable law requires otherwise.
4. Our Services
4.1 Brokerage model
Flow Crypto operates as a Digital Asset brokerage service. We are not an order-book exchange and do not provide an exchange matching engine for customers to trade directly with each other. We may source, sell, buy, convert or transfer Digital Assets through one or more Liquidity Providers, including third-party exchanges.
Unless we state otherwise in an order confirmation, you transact with Flow Crypto, not directly with any Liquidity Provider.
4.2 Non-custodial delivery model
Flow Crypto does not provide hosted wallet services and does not hold Digital Assets for customers after an Order is completed. Digital Assets are delivered to the External Wallet address you provide. You are responsible for controlling and securing your External Wallet.
We may temporarily hold or control fiat funds or Digital Assets only as necessary to process, settle, cancel, refund, recover or investigate an Order, or to comply with legal, regulatory, AML/CFT, sanctions, tax, banking, fraud-prevention, security or risk-management requirements.
4.3 Supported Digital Assets and networks
We decide which Digital Assets, networks and transaction types are supported. We may add, remove, suspend or restrict any Digital Asset or network at any time. We are not required to support any fork, airdrop, staking reward, token migration, chain split, bridge event, protocol change or similar event.
4.4 Transaction limits
We may set and change minimum and maximum transaction limits, daily limits, monthly limits, Auto-Buy limits, risk-tier limits, velocity limits and other limits. Limits may depend on verification level, account history, source of funds evidence, transaction purpose, asset type, payment method, wallet risk, regulatory requirements, liquidity, market conditions and our risk assessment.
4.5 Service availability
We do not guarantee uninterrupted, error-free or continuous access to the Services. Access may be delayed, unavailable or restricted due to maintenance, cyber incidents, banking outages, Liquidity Provider outages, blockchain congestion, network failures, market volatility, pricing errors, regulatory requirements, law enforcement requests, compliance reviews or events outside our reasonable control.
5. Orders, Quotes, fees and payments
5.1 Order responsibility
You are responsible for checking all Order details before submitting or confirming an Order, including Digital Asset, amount, currency, rate, fees, Network Fees, destination wallet address, network, memo, destination tag, payment ID, bank payment reference and any other transfer details.
5.2 Quotes and rate locks
Quotes shown before you place an Order may be indicative, estimated or locked, depending on what is shown in the order flow.
Where a 60-second Quote or other time-limited Quote is shown, it is valid only for the time and conditions stated on screen. A time-limited Quote does not guarantee execution unless:
- you submit the Order before the Quote expires;
- we accept the Order;
- all payment, blockchain confirmation, wallet, compliance and risk checks are satisfied within the timeframe and conditions shown to you; and
- no pricing error, technical error, liquidity issue, market disruption, suspected abuse or legal, regulatory, AML/CFT, sanctions, tax, banking, fraud-prevention, security or risk-management issue applies.
If a Quote expires, payment is delayed, payment cannot be matched, blockchain confirmations are delayed, required information is missing or market conditions materially change, we may cancel the Order, requote the Order, process the Order at a different rate shown or notified to you, or refund you where lawful and practicable.
5.3 Buy Orders
For buy Orders, we will not be required to execute the Order until we receive cleared NZD funds, correctly matched payment details, a valid destination wallet address and all required compliance information. Bank transfers must come from a bank account held in your own legal name unless we approve otherwise in writing.
5.4 Sell Orders
For sell Orders, we will not be required to execute the Order until we receive the required Digital Asset amount at the wallet address we specify, the required number of blockchain confirmations has been reached, the transaction has passed all wallet and compliance checks, and we have all information required to make any NZD payout. NZD payouts will generally be made only to a New Zealand bank account held in your own legal name.
5.5 Swaps
Swaps are covered by section 8. A Swap may involve one or more exchange, conversion, spread, Network Fee, withdrawal fee and Liquidity Provider costs.
5.6 Fees and Network Fees
We may pass on Network Fees, bank fees, recovery fees, refund costs or other fees shown in the order flow or Fee Schedule.
We will show or make available the relevant fee information before you confirm an Order, except where a fee cannot reasonably be calculated in advance, such as a variable Network Fee, recovery fee or third-party cost.
5.7 Payment matching and references
You must use the payment instructions and reference we provide. If you use the wrong reference, pay from an unmatched bank account, underpay, overpay, make multiple payments for one Order, pay after a Quote expires or pay after an Order is cancelled, we may delay, hold, reject, requote, cancel or refund the payment, subject to legal and compliance requirements.
5.8 Third-party payments
We do not accept third-party payments, nominee payments, cash deposits, pooled payments, payments from accounts we cannot reasonably match to your verified identity or payments made on behalf of someone else unless we approve the arrangement in writing before the payment is made. We may reject or refund payments that do not meet this requirement, less any lawful and reasonable bank fees, processing costs, recovery costs or market-movement costs.
5.9 Processing times
We aim to process valid Orders promptly and, where practicable, within one Business Day after all required funds, confirmations, wallet details, information and checks are complete. Processing times are estimates only and may be affected by factors outside our control.
5.10 Finality and cancellation
You cannot cancel an Order once it has been executed, settled, paid out or broadcast to a blockchain network. Completed Digital Asset transfers are generally irreversible and cannot be recalled.
5.11 Refusing, cancelling or delaying Orders
We may refuse, delay, hold, reject, cancel, reverse where possible, block, refund or require further information for any Order, payment, payout, refund, wallet address or transaction if we consider it necessary or appropriate for legal, regulatory, AML/CFT, sanctions, tax, Travel Rule, banking, fraud-prevention, scam-prevention, security, technical, liquidity, pricing-error, market-risk or risk-management reasons.
We may be legally prohibited from telling you the reason for a delay, hold, refusal, cancellation, report, disclosure or Account restriction.
5.12 Refunds
If we cancel a pending Order, we may refund the relevant NZD funds to the original verified payment account where lawful and practicable. Refunds may be reduced by any lawful and reasonable bank fees, Network Fees, third-party costs, recovery costs, administration costs or market-movement losses disclosed or otherwise permitted by law.
We may not be able to refund funds or Digital Assets where a legal, regulatory, AML/CFT, sanctions, law enforcement, court, tax, banking, fraud-prevention, security or insolvency restriction applies.
5.13 Obvious errors and erroneous credits
If an obvious pricing, rate, system, display, order, payment or accounting error occurs, we may correct the error, cancel the affected Order, require return of funds or Digital Assets, debit or offset amounts from your Account, or take other lawful steps to put the parties in the position they would have been in if the error had not occurred.
If you receive funds, Digital Assets, credits, referral balances or other value by mistake, you must notify us immediately and return them on request. You must not use, transfer, withdraw or spend value credited to you in error.
6. Wallet addresses and blockchain transfers
6.1 Your responsibility for wallet details
You are solely responsible for ensuring that the Digital Asset, network, External Wallet address, memo, destination tag, payment ID and any other transfer details are correct, complete, compatible and controlled by you or by a person you are lawfully authorised to deal with.
If you provide incorrect, incomplete or incompatible details, your Digital Assets may be permanently lost. We are not required to recover incorrectly sent Digital Assets. If we attempt recovery, we may charge a lawful and reasonable recovery fee and we do not guarantee recovery will be possible.
6.2 External Wallet risk
You are responsible for the security, legality and suitability of your External Wallet and any third-party wallet, exchange, custodian, protocol, bridge, smart contract or decentralised application that you use. We are not responsible for losses caused by third-party wallets, exchanges, custodians, protocols, bridges, smart contracts, decentralised applications, malware, phishing, private-key compromise, seed-phrase compromise or scam activity, except to the extent liability cannot legally be excluded or limited.
6.3 Wallet screening
We may screen wallet addresses and blockchain transactions using internal and third-party tools. We may refuse, hold, block or cancel transactions involving wallets, addresses, assets, networks, protocols, services or counterparties that we consider high-risk, suspicious, sanctioned, mixer-associated, tumbler-associated, darknet-associated, ransomware-associated, fraud-associated, scam-associated, privacy-enhanced or otherwise unsuitable.
6.4 Blockchain network conditions
Blockchain transactions may be delayed, rejected, dropped, replaced, reorganised, subject to high fees or affected by forks, bugs, outages, congestion, validator issues, miner issues, protocol changes or other network events. We do not control blockchain networks and are not responsible for network conditions outside our reasonable control.
7. Auto-Buy Plans
7.1 Setting up an Auto-Buy Plan
An Auto-Buy Plan allows you to set recurring purchase preferences, such as Digital Asset, amount, frequency, wallet address and payment instructions. Available frequencies, minimum amounts, maximum amounts and supported Digital Assets may change from time to time.
7.2 Payments for Auto-Buy Plans
Unless we expressly provide another payment method, you are responsible for arranging each bank transfer for your Auto-Buy Plan. We may use open banking, bank feed, payment matching or similar services to detect incoming payments and match them to your Auto-Buy Plan.
7.3 Execution price
Auto-Buy Orders are executed at the rate available when we process the relevant payment and all required checks are complete, not necessarily the rate available when you schedule the Auto-Buy Plan or send the payment. Market prices may move between payment initiation, receipt, matching, compliance review and execution.
7.4 Failed, late or unmatched payments
If an Auto-Buy payment is late, missing, unmatched, underpaid, overpaid, duplicated, sent from an unmatched bank account, fails compliance checks or is received after the relevant plan is paused or cancelled, we may delay, reject, cancel, requote, manually process or refund the payment.
7.5 Pausing or cancelling
You may pause or cancel an Auto-Buy Plan through the Services where this functionality is available. A pause or cancellation may not affect payments already received, matched, queued, executed or in progress.
8. Swaps
8.1 Swap service
A Swap allows you to exchange one supported Digital Asset for another supported Digital Asset. Swaps may be processed through one or more Liquidity Providers and may involve spreads, Network Fees, withdrawal fees and third-party costs.
8.2 Swap execution
A Swap is not complete until we receive the required Digital Asset amount, required blockchain confirmations are reached, all compliance and wallet checks are complete, the conversion is executed and the output Digital Asset is sent to the destination wallet address you provide.
8.3 Swap pricing and slippage
Swap rates may be indicative until execution. Swaps may be affected by liquidity, volatility, slippage, Network Fees, small-cap asset spreads, exchange outages and blockchain delays. If a Swap cannot be completed at the expected rate or within our risk settings, we may cancel, requote, refund or contact you where lawful and practicable.
8.4 Unsupported or incorrect assets
You must not send unsupported Digital Assets, wrong-network assets, testnet assets, NFTs, spam tokens, dust, bridged assets or assets that do not match the Swap instructions unless we expressly instruct you to do so. We are not required to recover unsupported or incorrectly sent assets.
9. Referral Programme
9.1 Referral credits
If we offer a Referral Programme, eligible users may receive a referral code or link. Unless the relevant Referral Programme terms say otherwise, a referrer may receive a credit equal to 20% of the platform fees generated from eligible orders placed by a referred user for 365 days after the referred user successfully signs up and meets the programme requirements.
Referral credits are promotional credits only. They are not bank deposits, stored value, legal tender or Digital Assets. They may be applied to future eligible Orders or used in another way we permit. They are not withdrawable as cash unless we expressly say otherwise.
9.2 Referral eligibility and abuse
We may refuse, reverse, cancel, expire or claw back referral credits where we suspect self-referral, duplicate accounts, fake accounts, spam, misleading promotion, paid traffic abuse, voucher abuse, collusion, fraud, breach of these Terms, breach of advertising laws or other misuse.
You must not market Flow Crypto in a misleading, deceptive, aggressive, unlawful, spammy or high-pressure way. You must not represent that you are employed by us, authorised to bind us or able to provide financial advice on our behalf.
9.3 Changes to the Referral Programme
We may change, suspend or end the Referral Programme at any time. We will determine eligibility, attribution, credit amounts, expiry, disputes and suspected abuse at our reasonable discretion, subject to applicable law.
9.4 Tax
You are responsible for determining, reporting and paying any tax arising from referral credits or referral income.
10. Tax, portfolio and reporting tools
10.1 Your tax responsibilities
You are solely responsible for determining, reporting and paying any taxes, duties, levies or other amounts arising from your Digital Asset transactions, including income tax, GST where applicable, and tax on referral income. You should keep your own records and obtain independent tax advice.
10.2 Tax-reporting tools
We may provide portfolio, gain/loss, CSV export, tax-year summary or other tax-reporting tools. These tools are provided for general information and convenience only. They are not tax, accounting, legal or financial advice and may not reflect your full tax position.
Tax tools may rely on assumptions, such as FIFO cost basis, historical price feeds, order data available to us and information you provide. They may not include wallets, exchanges, transfers, trades, airdrops, staking rewards, gifts, losses, fees or transactions outside Flow Crypto. You are responsible for checking all outputs before relying on them.
10.3 CARF and tax reporting
We may collect, verify, store, use and report tax residence, IRD number, tax identification number, self-certification, controlling person and transaction information to Inland Revenue or other authorities where required by law, including under the Crypto-Asset Reporting Framework or similar tax reporting rules.
If you do not provide required tax information, or if we cannot verify or rely on it, we may restrict, suspend, close or refuse to operate your Account or process Orders.
10.4 Portfolio information
Portfolio values, performance figures, profit and loss calculations and historical price information are estimates only. They may be delayed, incomplete, inaccurate or affected by pricing data, missing transactions, manual imports, fees, spreads, network costs, asset support and market volatility.
11. Risk disclosure and no advice
11.1 High-risk asset class
Digital Assets are high-risk, speculative and volatile. Prices can rise or fall quickly and may fall to zero. You should not buy Digital Assets unless you understand the risks and can afford to lose all money you spend.
11.2 Key risks
You acknowledge that Digital Asset risks include:
- total loss of value;
- extreme volatility, slippage and liquidity shortages;
- irreversible transfers;
- incorrect wallet address, network, memo, destination tag or payment ID;
- cyber attacks, phishing, malware and private-key compromise;
- scams, fraud, impersonation and recovery scams;
- stablecoin depegging or issuer failure;
- exchange, Liquidity Provider, bank, payment provider or counterparty failure;
- smart contract, protocol, bridge and decentralised application failures;
- forks, chain splits, airdrops, token migrations and protocol changes;
- regulatory, tax, law enforcement, sanctions or banking action;
- asset delisting, network suspension or withdrawal suspension;
- market manipulation, trading halts and data errors;
- loss of access to wallets, devices, email, phone numbers or authentication methods; and
- delays caused by blockchain congestion, banking systems or third-party providers.
11.3 No financial advice
We do not provide financial advice, investment advice, legal advice, accounting advice, tax advice or personal recommendations. We do not assess whether any Digital Asset, Order, Auto-Buy Plan, Swap or strategy is suitable for you. Information on our website, in our tools, in communications or in the order flow is general information only.
You are responsible for making your own decisions and obtaining independent advice where appropriate.
11.4 No offer document or regulated product statement
Unless we expressly state otherwise in writing, information provided through the Services is not an offer, product disclosure statement, disclosure document or regulated financial advice under the Financial Markets Conduct Act 2013.
11.5 No government endorsement
Any registration, AML/CFT supervision, FSPR registration, dispute resolution scheme membership or compliance process does not mean that Flow Crypto or any Digital Asset is approved, endorsed, guaranteed or recommended by the New Zealand Government, the Department of Internal Affairs, the Financial Markets Authority, Inland Revenue, the Financial Service Providers Register, any dispute resolution scheme or any other regulator or agency.
12. Acceptable use and prohibited conduct
You must not use the Services, or allow anyone else to use the Services, to:
- breach any law, regulation, court order, sanctions requirement or third-party right;
- launder money, finance terrorism, evade sanctions, evade tax or disguise the source, ownership, destination or purpose of funds or Digital Assets;
- commit, facilitate or support fraud, scams, Ponzi schemes, pyramid schemes, illegal gambling, market manipulation, ransomware, extortion, darknet activity, illegal goods or services, child exploitation, human trafficking, weapons offences, controlled-substance offences or other unlawful activity;
- act for another person, nominee, undisclosed principal, mule, scammer or third party without our prior written approval;
- send or receive funds or Digital Assets that you do not own or lawfully control;
- use mixers, tumblers, chain-hopping, privacy tools, obfuscation services or other techniques to hide the source or destination of funds or Digital Assets;
- attempt to bypass our limits, monitoring, wallet screening, sanctions screening, CDD, EDD, Travel Rule, tax reporting or risk controls;
- create duplicate Accounts, use disposable emails, use false identities or impersonate another person;
- access the Services through VPNs, proxies, Tor, emulators, bots, scripts, scrapers or automated tools where this interferes with our risk controls or platform integrity;
- reverse-engineer, copy, disrupt, overload, attack, test without authorisation or compromise our systems;
- upload malware or malicious code;
- exploit bugs, technical errors, pricing errors or vulnerabilities; or
- abuse, threaten, harass, defame or endanger our staff, contractors, users or partners.
13. AML/CFT, sanctions, fraud prevention and transaction monitoring
13.1 Compliance programme
We maintain controls designed to meet legal, regulatory, AML/CFT, sanctions, tax, fraud-prevention, banking, security and risk-management obligations. These controls may include identity verification, biometric liveness checks, government database checks, PEP and sanctions screening, adverse media screening, source of funds/source of wealth checks, wallet screening, transaction monitoring, device and IP monitoring, bank-account matching, Travel Rule information collection and tax reporting.
13.2 Holds, blocks and reports
We may delay, hold, reject, cancel, block, freeze, refuse, restrict, reverse where possible, refund or require further information in relation to any Account, Order, payment, payout, wallet address, withdrawal, deposit, refund or transaction where we consider it necessary or appropriate for legal, regulatory, AML/CFT, sanctions, tax, Travel Rule, law enforcement, court, banking, fraud-prevention, scam-prevention, security or risk-management reasons.
13.3 Disclosures to authorities and partners
We may disclose information about you, your Account, your payments, your Orders, your wallet addresses and your transactions to law enforcement, regulators, Inland Revenue, the New Zealand Police Financial Intelligence Unit, courts, government agencies, banks, payment providers, Liquidity Providers, identity verification providers, wallet analytics providers, fraud-prevention providers, tax-reporting providers and other third parties where lawful and reasonably necessary.
13.4 No tipping off
We may be legally prohibited from telling you whether we have made or considered making a suspicious activity report, prescribed transaction report, sanctions report, tax report, law enforcement disclosure or other regulatory disclosure. We may also be legally prohibited from telling you the reason for a delay, hold, refusal, restriction, cancellation, closure or disclosure.
13.5 Record keeping
We may retain customer, identity, verification, transaction, wallet, communication, tax, compliance and audit records after your Account is closed where required or permitted for AML/CFT, tax, legal, regulatory, law enforcement, fraud-prevention, security, dispute-resolution, audit or legitimate business purposes.
14. Privacy, biometrics and data
14.1 Privacy Policy
Our Privacy Policy explains how we collect, use, disclose, store, protect and retain personal information. You must read our Privacy Policy before using the Services.
14.2 Sensitive and verification information
By using the Services, you acknowledge that we may process sensitive verification information, including identity documents, biometric liveness information, government database verification results, PEP and sanctions screening results, adverse media screening results, device and location information, wallet addresses, transaction data, tax information and compliance records.
14.3 Third-party providers
We may use third-party providers for identity verification, biometric liveness, government database checks, bank feed or payment matching, wallet analytics, sanctions screening, PEP screening, adverse media screening, fraud prevention, cloud hosting, communications, analytics, customer support, tax reporting and payment processing. These providers may process information in New Zealand or overseas, subject to our Privacy Policy and applicable law.
14.4 Public blockchain information
Blockchain transactions may be public, permanent and traceable. Information associated with a wallet address may be visible to anyone and may be analysed by third parties. We do not control public blockchains.
15. Security, outages and third-party services
15.1 Platform security
We use reasonable security measures designed to protect the Services. However, no website, platform, wallet, exchange, blockchain, cloud service, email system or internet transmission is completely secure. You use the Services at your own risk, subject to your non-excludable rights under applicable law.
15.2 Third-party services
The Services depend on third-party services, including banks, payment systems, Liquidity Providers, blockchain networks, wallet analytics providers, identity verification providers, cloud hosting providers, communication providers and other technology providers. We are not responsible for third-party outages, delays, errors, failures, insolvency, cyber incidents, data issues or acts or omissions outside our reasonable control, except to the extent liability cannot legally be excluded or limited.
15.3 Scams and impersonation
We will never ask you to disclose your seed phrase or private key. We will never ask you to send Digital Assets to unlock an investment, recover stolen funds, pay taxes, pay a release fee or participate in a guaranteed-return opportunity. You must contact us immediately if you receive suspicious communications claiming to be from Flow Crypto.
16. Suspension, restrictions and termination
16.1 Our rights
We may suspend, restrict, limit, freeze, close or terminate your Account or access to the Services without prior notice where we consider it necessary or appropriate, including where:
- you breach these Terms or another applicable document;
- we cannot complete or update verification checks;
- you do not provide requested information;
- we suspect fraud, scam activity, money laundering, terrorism financing, sanctions exposure, tax evasion, illegal activity, misuse, unauthorised access or security risk;
- your conduct creates legal, regulatory, AML/CFT, sanctions, banking, security, reputational or operational risk for us;
- you use abusive, threatening, harassing, defamatory or unsafe behaviour toward us or others;
- a bank, payment provider, Liquidity Provider, regulator, law enforcement agency, court or government agency requests or requires it;
- continuing to provide Services would breach law or create unacceptable risk; or
- we discontinue the Services or a material part of them.
16.2 Effect of restriction or closure
If we restrict or close your Account, we may cancel pending Orders and return eligible fiat funds to the original verified payment account where lawful and practicable. We may retain, freeze, block, report, transfer or refuse to return funds or Digital Assets where required or permitted by law, regulation, court order, law enforcement request, sanctions requirement, AML/CFT requirement, tax requirement, banking requirement, fraud-prevention requirement, security requirement or insolvency law.
16.3 Your closure request
You may request closure of your Account by contacting us. We may require identity verification and may delay or refuse closure where necessary to complete pending Orders, resolve disputes, investigate suspicious activity, meet legal or regulatory obligations, comply with record-keeping obligations, collect amounts owed or protect our legitimate interests.
16.4 Survival
Any clause that by its nature should continue after Account closure or termination will continue, including clauses about risk, fees, refunds, erroneous credits, compliance, privacy, record keeping, intellectual property, liability, indemnity, complaints, disputes and general provisions.
17. Customer funds, pending Orders and insolvency
17.1 No deposit account
Flow Crypto is not a bank or deposit taker. Money paid to us for an Order is not a bank deposit and does not earn interest. We receive funds for the purpose of processing the relevant Order, refunding you where required or permitted, or complying with applicable obligations.
17.2 No custody service
We do not provide a custodial wallet service. Digital Assets are intended to be delivered to the External Wallet address you provide once the relevant Order is completed.
17.3 Pending funds and operational accounts
Unless we expressly state otherwise in writing, funds paid to us may be held in one or more business, settlement or operational bank accounts and may be used to process your Order, fund Liquidity Provider transactions, settle costs, process refunds or operate the Services. Do not assume that funds are held on trust or in a segregated client money account unless we expressly state this in writing and it is legally accurate.
17.4 Insolvency or cessation of operations
If Flow Crypto ceases operations, becomes insolvent, enters liquidation, administration or receivership, or is otherwise unable to continue the Services, we may suspend or terminate the Services and cancel pending Orders. Your rights in relation to any pending funds or Digital Assets will depend on how those funds or Digital Assets are held, the status of the relevant Order and applicable law. You may be an unsecured creditor for some amounts.
18. Intellectual property
All content, software, code, designs, logos, trade marks, graphics, text, data, workflows, order flows, user interfaces, databases and other intellectual property used in or made available through the Services are owned by us or our licensors.
We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for your own lawful personal use in accordance with these Terms. You must not copy, reproduce, modify, reverse-engineer, scrape, distribute, sell, exploit or create derivative works from our intellectual property without our prior written consent.
19. Consumer laws, disclaimers and liability
19.1 Non-excludable rights
Nothing in these Terms limits or excludes any rights, guarantees, remedies or liabilities that cannot legally be limited or excluded, including rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 where those Acts apply.
19.2 Services provided as available
Subject to your non-excludable rights, the Services are provided on an "as is" and "as available" basis. We do not guarantee that the Services will be uninterrupted, error-free, secure, available at any particular time, compatible with all devices, free from harmful components, or able to execute any Order at any particular price or time.
19.3 Excluded losses
To the maximum extent permitted by law, we are not liable for indirect, consequential, special, punitive or exemplary loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of anticipated savings, loss of data, market movement loss, trading loss or loss caused by third-party services, cyber attacks, blockchain networks, wallet providers, Liquidity Providers, banks, payment systems, user error or events outside our reasonable control.
19.4 Liability cap
To the maximum extent permitted by law, and subject to clause 19.1, our total aggregate liability to you for claims arising from or relating to the Services is limited to the greater of:
- the fees you paid to Flow Crypto for the affected Order;
- NZ$500; and
- any minimum amount required by applicable law.
This limitation does not apply to liability that cannot legally be limited or excluded, or to liability arising from our fraud, wilful misconduct or any other liability that applicable law does not allow us to limit in this way.
19.5 Time limit for claims
To the maximum extent permitted by law, you must notify us in writing of any claim relating to an Order within 12 months after the relevant Order or event. This clause does not limit any non-excludable right or mandatory legal limitation period that applies to you.
20. Indemnity
To the maximum extent permitted by law, you indemnify Flow Crypto, its directors, officers, employees, contractors, agents and affiliates against all losses, liabilities, claims, damages, fines, penalties, costs and expenses, including reasonable legal costs, arising from:
- your breach of these Terms;
- your fraud, negligence, wilful misconduct or unlawful conduct;
- your misuse of the Services;
- information you provide that is false, incomplete, inaccurate, outdated or misleading;
- your breach of law, sanctions, tax obligations or third-party rights;
- your use of another person's bank account, wallet, identity or funds without authority;
- any tax, reporting or regulatory issue caused by your conduct or information; or
- any third-party claim caused by your conduct.
This indemnity does not apply to the extent a loss is caused by Flow Crypto's fraud, wilful misconduct, negligence, breach of these Terms or breach of a non-excludable statutory obligation.
21. Complaints and disputes
21.1 Contacting us
If you have a question, concern or complaint, contact us at support@flowcrypto.co.nz. Please include your name, Account email, relevant Order reference, a description of the issue and any supporting evidence.
21.2 Internal complaints process
We will acknowledge complaints within a reasonable time and will aim to investigate and respond as soon as practicable. We may ask you for further information and may require identity verification before discussing Account or transaction details.
21.3 External dispute resolution
Flow Crypto Limited is a member of Financial Dispute Resolution Service (FDRS). Eligible complainants may be able to refer an unresolved complaint to FDRS after completing our internal complaints process.
Registration on the Financial Service Providers Register does not itself mean that Flow Crypto is licensed or regulated by the Financial Markets Authority.
21.4 Disputes Tribunal and courts
These Terms are governed by New Zealand law. Disputes may be brought in the New Zealand Disputes Tribunal where they fall within the Tribunal's jurisdiction. Other disputes are subject to the non-exclusive jurisdiction of the New Zealand courts, unless applicable law requires otherwise.
22. General provisions
22.1 Assignment
You may not assign, transfer or otherwise deal with your rights or obligations under these Terms without our prior written consent. We may assign, transfer or novate our rights and obligations to a related company, purchaser, successor, restructure vehicle or service provider, provided this does not unlawfully reduce your non-excludable rights.
22.2 Severability
If any part of these Terms is invalid, illegal or unenforceable, that part will be modified or severed to the extent necessary, and the rest of these Terms will continue in effect.
22.3 No waiver
A failure or delay by us to exercise a right or remedy is not a waiver of that right or remedy. A waiver must be in writing and applies only to the specific instance for which it is given.
22.4 Force majeure
We are not liable for any delay or failure to perform caused by events outside our reasonable control, including natural disasters, war, terrorism, civil unrest, labour disruption, cyber incidents, utility failure, internet outage, blockchain failure, bank outage, payment system outage, Liquidity Provider outage, regulatory action, law enforcement action, sanctions change, pandemic or government action.
22.5 Entire agreement
These Terms and the documents referred to in them form the entire agreement between you and us regarding the Services and replace all prior understandings relating to the Services.
22.6 Third-party rights
Except for our directors, officers, employees, contractors, agents, affiliates and licensors who may rely on protections in these Terms, no person other than you and Flow Crypto has rights to enforce these Terms.
22.7 Language
These Terms are provided in English. If we provide a translation, the English version prevails to the extent of any inconsistency.
23. Contact
For customer support, complaints or general questions, contact:
Website: flowcrypto.co.nz
Support and complaints: support@flowcrypto.co.nz
General enquiries: hello@flowcrypto.co.nz