Terms of Service


These Terms of Service apply to you when you access or use our Services and Website (available at https://localcoinatm.com/nz/terms-service). By accessing or using our Services and Website, you agree to these Terms of Service. If you do not agree to these Terms of Service, you must cease using our Services immediately.

In order to use the Services, you will be required to submit certain information for authentication purposes. All personal information that you provide to us will be treated in accordance with our Privacy Policy https://localcoinatm.com/nz/privacy-policy/). the terms of which are incorporated by reference into these Terms of Service.  In these Terms of Service, “Localcoin”, “we”, “us”, or “our” means Damasca Pty Ltd, and any references to “User”, “you” or “your” means you, the person or entity accessing or using our Services.

  1. The Services. Localcoin allows users to purchase digital currencies such as bitcoin through digital automated teller machine kiosks (an “ATM”). The ATM enables users who sign up to purchase digital currencies made available by us from time to time (“Services”).
  2. Transactions. When you use the Services, you understand that you are instructing Localcoin to purchase digital currency in exchange for legal tender (i.e. “cash money”) and for Localcoin to transfer that digital currency to the digital wallet address that you input into the ATM. You understand and agree that you are responsible to conduct your own due diligence regarding any transaction, including identification and verification of the digital wallet address, and that any failure to check the digital wallet address is your sole responsibility.    
  3. User Acknowledgement. By using a Localcoin Service (a “User”), you agree and acknowledge that:  
  1. You only use the Services to purchase digital currencies on your own behalf, and not on behalf of anyone else;
  2. The purchase of digital currency is a high-risk activity. Digital currencies are subject to unpredictable price fluctuations and the purchase or subsequent sale of digital currencies may result in partial or complete loss of funds. As a condition of using our Services, and subject to any rights implied by law, you agree to assume all risk associated with the purchase, sale, trade or exchange of digital currencies and further agree that you will not hold Localcoin liable for the loss of any funds, either legal tender or digital, incurred as a result of using our Services. If you do not agree you should not use Localcoin’s Services;
  3. Bitcoin and other digital currencies offered via our Services are not currently considered legal tender in New Zealand, but they can, if certain requirements are met, be recognised as personal property at law;
  4. Localcoin is not licensed by a New Zealand regulator to provide the Services. Localcoin’s registration on the New Zealand register of financial service providers does not mean that Localcoin is subject to active regulation or oversight by a New Zealand regulator;
  5. Localcoin is not a bank, or a deposit taker and does not accept deposits from Users, we merely provide a platform through which Users can purchase digital currencies;
  6. Localcoin does not provide securities, investment contracts, or any other document or financial instrument considered at law to be a "security". The Services we provide do not constitute issue, trading, purchase, sale or exchange in securities, investment contracts or any other document or financial instrument considered to be a "security" under any law (including under relevant New Zealand laws);
  7. Scam warning: No government agencies or quasi-governmental agencies demand payment by digital currency. Localcoin further prohibits you from acting on behalf of, or on the instructions of, a third party. You are solely responsible to confirm and verify the digital wallet address you instruct Localcoin to deliver while using the Services. With respect to ATM transactions, you acknowledge that you are aware of and have read any warning(s) affixed to or displayed on the ATM and, having read those warnings, will complete any transaction at your own discretion, and not on the instructions of a known or unknown third party. 
  1. Eligibility. In order to use the Services you must be at least eighteen (18) years old, a New Zealand citizen or permanent resident, and residing in New Zealand at the time you are making purchases. You do not require an account to use the Service, however, you will be required to submit a mobile/digital wallet address where we can send your digital currency and a valid New Zealand mobile phone number registered with a major New Zealand telecommunications network provider in order to authenticate the transaction.
  2. Information : You will be required to provide us with relevant information and documents to our satisfaction, enabling us to:
  1. authenticate your identity; and
  2. also as we determine is appropriate to comply with our obligations under anti-money laundering and counter-terrorism financing law (“AML/CFT”), tax law and sanction law in New Zealand and other jurisdictions.
  1. Updates to User Profile. Localcoin may require you to provide proof of identification and/or other evidence before updating a User’s profile information.
  2. Payments. Localcoin may choose to accept or refuse any method of payment, at any time, at its sole discretion. Where Localcoin accepts payments via any third-party payment processing service (a “PPS”), you agree that the use of a PPS is subject to the terms and conditions as agreed to solely between you and that PPS. Localcoin is not a party to any terms of service between you and the PPS. To the maximum extent permitted by law, Localcoin will not be responsible or liable in any way for any losses, claims, damages, costs, expenses, injuries to person or property, or any other claim arising in connection with your relationship with a PPS, including their use of your personal information. In cases where a PPS may, in certain circumstances, charge a foreign exchange fee, such fee is your responsibility to pay.
  3. Transactions Limits. By using the Services, you agree that Localcoin may impose limits on the number of transactions and amount of each transaction, in its sole discretion.
  4. Localcoin has compliance obligations including client identification, record keeping and reporting under the AML/CFT law, tax law and sanctions law in New Zealand and other jurisdictions . Localcoin may require you to provide identifying information, including identity information, details regarding source of funds or supporting documentation in connection with your use of the Services. Sharing your user access credentials is expressly prohibited and will result in immediate cancellation of your access. Localcoin may in its sole discretion refuse a transaction, cancel your access to the Services and prohibit you from using our Services indefinitely, including where we consider it reasonably necessary to meet our regulatory and compliance obligations in New Zealand and other jurisdictions (including those relating to AML/CFT and sanctions law). Localcoin may do so without providing any reason or explanation.
  5. Authentication. You agree that in order to access the Services, you may be required to provide identifying information which may include, but not be limited to your name, address, date of birth, driver’s license, or other government-issued picture ID (“Personal Information”). You further authorise Localcoin directly, or through third parties to make any inquiry necessary to verify and validate your identity. You may also be required to submit your email address, mobile wallet address, and your mobile phone number. You may also be required to undergo a verification process to verify identity and determine your eligibility to use the Service before a transaction can be completed. Your use of the Services may be delayed during the verification process. To the maximum extent permitted by law, you agree that Localcoin has no responsibility for any potential or actual loss, delay or harm whether direct or indirect, relating to completion of that process. In the event you are required to provide identifying information or other information and you do not, you may be denied access to the Services. Localcoin may refuse to process any transaction at any time, if in our sole discretion, we believe you are or may use the Services for any criminal or illegal activities, or where we consider it reasonably necessary to meet our regulatory and compliance obligations in New Zealand and other jurisdictions (including those relating to AML/CFT and sanctions law). In the event that you fail the initial verification process, Localcoin may request identifying information in order to authenticate you.
  6. Digital currency exchange rate. When you make a purchase of digital currency, we will convert your legal tender into digital currency and deposit your purchased digital currency into the digital wallet specified. Localcoin does not set the exchange rate or purchase price for the digital currencies that can be purchased using the Services. Localcoin uses third-party providers to determine the exchange rate of digital currency at the time of each transaction. Rates are determined by many factors, including but not limited to market demand, and you acknowledge that prices for digital currencies fluctuate on a daily basis. Localcoin does not guarantee any rate or purchase price at any time.
  7. Service Fees. In consideration for providing the Services, Localcoin charges a service fee. The amount of the service fee we apply varies depending on a number of factors. Our service fee will always be disclosed to you.
  8. No Refunds. To the maximum extent permitted by law, you understand and agree that all transactions with Localcoin and/or for the use of any Services is final, and non-refundable. In a case where you have a dispute with any third party, that dispute is between you and the third-party. You agree that Localcoin has no liability in respect of your transfer of digital currency to a third party, and that you are solely responsible for recovery of any disputed funds from the third party.
  9. Promotions. From time to time, Localcoin may offer promotions or discounts in connection with the Services. These promotions are offered at our sole discretion, and we may initiate or terminate a promotion at any time for any reason without notice.
  10. Content. All information, data, text, software, messages or other materials, whether publicly posted or privately transmitted to the Website by you ("User Content"), is your sole responsibility. This means that you, and not Localcoin, are solely and entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. Localcoin does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Localcoin be liable in any way for any materials, including, but not limited to, any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.
  11. Restrictions on User Content and Use of the Service. Localcoin reserves the right at all times (but has no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of our users and the public.

When using the Service, You must not:

  1. use the Services in violation of these Terms of Service, including in violation of the eligibility requirements;
  2. use the Website and/or Services for any illegal, criminal and/or fraudulent purpose;
  3. copy any content unless expressly permitted to do so by these Terms of Service;
  4. upload, post, email, transmit or otherwise make available any material that:
  1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
  2. you do not have a right to make available under any law or under a contractual relationship;
  3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  4. is or contains unsolicited or unauthorised advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or that compromises a user's privacy; or
  6. contains any falsehoods or misrepresentations or creates an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  1. impersonate any person or entity or misrepresent their affiliation with a person or entity, including but not limited to Localcoin personnel;
  2. interfere with or disrupt Localcoin’s servers or networks connected to them, or disobey any requirements, procedures, policies or regulations of networks connected to Localcoin or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  3. interfere with, damage, harm, obstruct, deface, modify, disassemble, disconnect or otherwise deal with an ATM in any manner whatsoever other than for the purpose of conducting a transaction;
  4. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  5. collect or store personal data about other users or viewers;
  6. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Localcoin’s property;
  7. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
  8. register for the Service on behalf of a group or corporate entity.

Localcoin may in its sole discretion restrict, suspend or terminate your account and/or use of Services if we determine you have violated any of these Terms of Service, including this clause 16.

  1. License of Content. By submitting, posting or displaying User Content on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Localcoin will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
  2. End User License. Except for User Content, the Website, and the information and materials that it contains, are the property of Localcoin and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Localcoin grants you a non-transferable, non-exclusive, license to: (a) use the Website for your personal use (the "License"). Nothing in the Terms of Service gives you a right to use the Localcoin or https://localcoinatm.com/nz/ names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website will be subject to these Terms of Service.
  3. Feedback. If you provide Localcoin with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Localcoin may use such Feedback in the Website or in any other Localcoin products or services (collectively, "Localcoin Offerings''). Accordingly, you agree that: (a) Localcoin is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Localcoin; (c) Localcoin (including all of its successors and assigns and any successors and assigns of any of the Localcoin Offerings) may freely use, reproduce, publicise, license, distribute, and otherwise commercialise Feedback in any Localcoin Offerings, and (d) you are not entitled to receive any compensation or reimbursement of any kind from Localcoin or any of the other users of the Website in respect of the Feedback.
  4. Links & Third-Party Websites. The Website may contain links to other websites that are not owned or controlled by Localcoin. In no event will any reference to any third party, third party product or service be construed as an approval or endorsement by Localcoin of that third party, third party product or service. Localcoin is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Localcoin endorses or accepts any responsibility for the content or use of such websites, and You hereby release Localcoin from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
  5. Disclaimer of Representations, Warranties and Conditions. The Website, service and all materials provided therein are provided "as is" and “as available” basis. To the maximum extent permitted by law, Localcoin disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material.

    Localcoin makes no warranties about the price or availability of any digital currency. Localcoin does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the Website or in respect to any website that can be reached from a link on the Website or featured in any banner or other advertising on the Website, and Localcoin will not be a party to any transaction that you may enter into with any such third party. Localcoin will not be liable for any type of content exchanged by means of the service.

    No data, information or advice obtained by you in oral or written form from us or through or from our Services will create any warranty not expressly stated in these Terms of Service. Any information available on the Website or apps or through our Services is for informational purposes only. Nothing on our Website, apps or Services constitutes, or is meant to constitute, any kind of advice, including, but not limited to legal, investment, tax, accounting, or financial advice.

  6. Limitation Of Liability. Trading, storing, dealing, purchasing, selling and otherwise using digital currencies comes with substantial and inherent risks. In registering for an account and using our Services you agree that, to the maximum extent permitted by law, Localcoin is not liable to you in any way for changes to the Services or availability of digital currency, including but not limited to, regulatory intervention by a third party in the operation of the Website and Services, or the underlying value of any digital currency.

    To the maximum extent permitted by law, Localcoin, its subsidiaries, directors, affiliates, officers, members, employees, or agents (“Localcoin Parties”) will not be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from: (i) your use of or your inability to use the Website, any ATM or the Services; (ii) the cost of procurement of substitute goods, data, information or services; (iii) errors, mistakes, or inaccuracies in the materials on the website or at an ATM; (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the Services; (v) any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Website or the ATM; (vi) any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the Website or Services; (vii) lost funds, lost profits, loss of use, loss of data, fines, fees, penalties. These limitations will apply even if Localcoin has been advised of the possibility of such damages.

  7. Localcoin’s liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent possible, at Localcoin’s option, to the:

  1. supply of the Services again; or
  2. cost of having the Services supplied again.
  1. Termination. Localcoin may, in its sole discretion and without prior notice, immediately terminate your ability to access the Services, the Website or portions thereof. Cause for such termination may include, but not be limited to: (a) breaches or violations by you of these Terms of Service or any other agreement that you may have with Localcoin (including, without limitation, non-payment of any fees owed in connection with your use of Services or otherwise owed by you to Localcoin); (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Website (or any part thereof) or offer of Services; (e) unexpected technical, security or legal issues or problems; (f) participation by you, directly or indirectly, in fraudulent or illegal activities (whether knowingly or unknowingly); and/or (g) we reasonably consider it necessary to comply with our policies, New Zealand law or sanctions (or the law or sanctions of any other country), or to comply with our regulatory and compliance obligations and manage associated risk.

    Termination of your access to the Services and/or Website may also include removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by Localcoin in its sole discretion and that Localcoin will not be liable to you or any third-party for any termination of your access to the Services or the Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these Terms of Service by Localcoin will be in addition to any and all other rights and remedies that Localcoin may have.

  2. Availability & Updates. Localcoin may alter, suspend, or discontinue the Services or Website at any time and for any reason or no reason, without notice. The Website or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Localcoin may periodically add or update the information and materials regarding the Services or the Website without notice.
  3. Security. Information sent or received over the Internet is generally unsecure and Localcoin cannot and does not make any representation or warranty concerning security of any communication to or from its ATM or the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Localcoin will not be liable for any loss or damage arising from your failure to comply with these requirements.
  4. General. These Terms of Service constitute the entire agreement between You and Localcoin relating to the Website, the Services and all related activities. These Terms of Service may be modified by Localcoin in writing signed by both parties. Localcoin may, in its sole discretion, amend, vary, revise or replace these Terms of Service. You agree that the Terms of Service governing your use of the Service is the version posted to the Localcoin Website at the time the Service is used.
  5. Severability. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of the remaining provisions. The failure of Localcoin to exercise or enforce any right or provision under these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any right or provision by Localcoin must be in writing and will only apply to the specific instance identified in such writing. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Localcoin’s prior written consent.
  6. Jurisdiction and Choice of Law. Your use of the Service, including the application and interpretation of these Terms of Service, are governed by the laws of New Zealand.

If you have any questions about these Terms of Service, or if you wish to make any complaint or claim with respect to the Service, please contact us at: [email protected].