Terms of Service
These Terms were last updated on 25 February 2026.
Introduction
Lightning Pay Limited trading as Stacked (Stacked, we, us or our) provides services which allow New Zealand individuals, merchants and business users (you, your, User) to buy and sell Bitcoin. In addition, if you are a merchant / business user, Stacked's services enable you to accept payments in Bitcoin from your customers in exchange for goods and services, with the option to either have Bitcoin forwarded to an external wallet, or to sell Bitcoin and receive NZD into your bank account.
These terms of service (Terms, which includes any amendments from time to time in accordance with clause 3) are intended only for customers who are ordinarily resident or incorporated in New Zealand. Stacked does not currently serve customers outside of New Zealand.
Application of Terms
These Terms govern your use of Stacked's products and services, whether through our web-based and/or mobile applications (App) and, where applicable, our website located at https://stackedbitcoin.com, all of its subdomains and/or any other URL address notified to you by Stacked from time to time (the Site). To make these Terms easier to read, the App and the services that we provide through the App and the Site are collectively referred to in these Terms as the Platform, which definition shall include the Stacked platform accessible via the Site, the App and related APIs and owned and operated by or on behalf of Stacked. By accepting these Terms and using the Platform, you agree to the terms of and agree to be bound by these Terms, our Privacy Policy (see clause 4 below) and any additional policies provided to you from time to time regarding your use of the Platform (collectively the Policies, together with these Terms the Agreement).
Stacked is a private limited company incorporated in New Zealand with company number 8777087 and having its registered office address at Level 1, Alta House, Terrace Junction, 110/1092 Frankton Road, Frankton, Queenstown 9300. It is registered with number FSP1005773 on the New Zealand Financial Services Provider Register.
By registering with Stacked to use the Platform, you are entering into a legally binding Agreement with us. The Agreement governs your use of the Platform and tells you who we are, how we will provide the Platform, how the Agreement may be amended or terminated, what to do if a problem arises and contain other relevant information.
Amendments to Terms
These Terms can be amended by Stacked in whole or in part at any time. The new Terms will take effect seven (7) days after their publication on the Platform, unless the change is required by law to go into effect at another time. We may in our discretion notify you by email of any changes to the Terms, however you should periodically check the Terms sub-page of the Site for any updates. By continuing to use the Platform, you agree to any amendments to the Terms. If you do not agree with the amended Terms, you must stop using the Platform or its services.
In the event of any conflict or inconsistency between the provisions of the documents forming part of the Agreement, the provisions shall prevail in the following order of precedence: (1) these Terms, (2) the Privacy Policy and (3) any other Policy in force from time to time.
Definitions and interpretation
In these Terms initially-capitalised terms have the meanings given to them in this clause 12 below:
Agreement has the meaning given to it in clause 2.1;
API means an application programming interface;
App has the meaning given to it in clause 2.1;
Applicable Laws means the laws of New Zealand or any other jurisdiction in which Stacked makes the Platform available from time to time;
Applicable Privacy Laws means the requirements of privacy laws, codes and regulations relevant to New Zealand, including as applicable the Privacy Act 2020 of New Zealand;
Applicable Rate means the NZD / Bitcoin exchange rate applicable to a Transaction;
CDD means customer due diligence;
Chargeback has the meaning given to it in clause 7.1;
Credentials has the meaning given to it in clause 5.3;
Intellectual Property includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity, includes any enhancement, modification or derivative work of the Intellectual Property;
Merchant has the meaning given to it in clause 8.1;
NZD means New Zealand dollars;
Payment Method means an NZD-denominated bank account or credit/debit card payments.
Personal Information means information about an identifiable individual as defined under Applicable Privacy Laws;
Platform has the meaning given to it in clause 2.1;
Policies has the meaning given to it in clause 2.1;
Privacy Policy means Lightning Pay's privacy policy, as amended from time to time, and located at https://stackedbitcoin.com/privacy-policy/;
Representative has the meaning given to it under clause 8.2;
Site has the meaning given to it in clause 2.1;
Third Party Provider has the meaning given to it in clause 12.1; and
Transaction means any exchange (whether by way of purchase or sale) of Bitcoin for NZD.
Interpretation: For the purposes of the Agreement (i) the words include, includes and including shall be deemed to be followed by the words "without limitation", (ii) the word or is not exclusive and (iii) all pronouns and any variation will be deemed to refer to the masculine and feminine, and to the singular or plural as the identity of the person or persons may require for proper interpretation of the Agreement. Unless the context otherwise requires, references (iv) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof and (v) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. Captions and headings of the clauses of these Terms are intended for convenience only.
Eligibility and User Account creation
Eligibility: If you wish to access the Platform, you must create an account with Stacked (User Account). To open a User Account and use the Platform, you must reside in New Zealand, be eighteen (18) years of age or older and capable of forming a binding contract in compliance with the terms of the Agreement, not otherwise barred from using the Platform under Applicable Laws and complete our User Account opening and CDD procedures. We may establish additional eligibility criteria at our discretion.
Your information: To open and maintain a User Account, you must provide complete and accurate information to Stacked (and, where applicable, to our Third Party Providers), including information regarding your Payment Method in your own name that is linked to your User Account. You agree to update such information, as needed, to keep it accurate and complete.
User Account, Credentials and security obligations: When you create a User Account, you must retain access to the User Account-linked email and two-factor authentication method and any other credentials (the parameters for which may specify or change from time to time) that are used to access your User Account (collectively, Credentials) to continue to access your User Account and to use the Platform. You must maintain the security of your User Account by protecting your Credentials and User Account-linked devices, not disclose your Credentials to anyone and immediately notify us if you discover or otherwise suspect any unauthorised use of or access to your User Account. You must not permit any other person to access or control your User Account (or provide any other person your Credentials), or access the User Account or Credentials of any other person, under any circumstances. You are responsible for all activities that occur on your User Account, whether or not you know about them. You agree to cooperate fully with the legal authorities and Stacked in any investigation of activity on your User Account. You may only register one personal User Account. To protect yourself from unauthorised activity in your User Account, you should regularly log into your User Account and review your User Account history and your User Account statement.
CDD: You authorise Stacked, either directly or by a Third Party Provider, to use any of the Personal Information provided by you in connection with your User Account to conduct CDD in accordance with our Privacy Policy. Stacked reserves the right in its sole discretion to refuse to take on or maintain a customer relationship for any reason, including but not limited to situations where we have been unable to complete CDD to our satisfaction or where you have failed to provide information or documentation which we have requested relating to your User Account, or otherwise where the relationship is outside our risk appetite.
Risk acknowledgement: By using these Platform, you acknowledge you have read, understand and agree to the following risks:
Bitcoin carries risks - the value of any Bitcoin you purchase through the Platform may rise and fall and your capital is at risk. Bitcoin's price should be expected to be volatile. Past performance is not indicative of future results and financial losses may be significant. Before using the Platform you will ensure that you are informed about these risks;
Transactions, once submitted, are irreversible. If you send Bitcoin to an incorrect address or to a third party wallet or account that you do not control, or to an address on a network that is not the Bitcoin network, you will lose access to that Bitcoin. It is not possible to reverse, cancel or undo any Transaction once made. Only send Bitcoin to addresses controlled by you that you trust. Bitcoin that has left the Platform is no longer Stacked's responsibility. It is the User's responsibility to ensure that the instructions provided to us for the destination of User funds are accurate and complete;
The security of the wallet to which we sent any Bitcoin, or account to which we send any NZD, is solely your responsibility and we have no control over the security of such wallet or account. You agree to carefully review any support or informational material present on the Platform to ensure the compatibility of the Platform and its withdrawal mechanisms with your wallet;
Stacked does not provide financial advice. You are solely responsible for assessing your own circumstances and determining whether our Platform are suitable for you. Nothing in the Agreement, our Platform or any communications with you (or any marketing or public statements by the Stacked or its representatives) is a recommendation or financial advice to you;
We periodically launch new features and functions in test, trial or beta versions of the Platform. You acknowledge and agree that such versions of the Platform (a) may not operate properly, be in final form or be fully functional at all times, (b) may contain errors, design flaws or other problems and (c) may result in unexpected results, corruption or loss of data or other unpredictable damage or loss. You assume all risk arising from use of any such test, trial or beta versions of the Platform.
Fees, payments and taxes
When you place an order for a Transaction on the Platform, the Platform will provide you with the Applicable Rate. The Applicable Rate displayed on the Platform is an estimate only, is only valid for a limited time and is not final until the relevant Transaction has been completed. You must complete the Transaction promptly in order to secure the displayed Applicable Rate.
You acknowledge and agree that:
we charge a fee or commission for each Transaction or other potential action performed on your User Account. Subject to clause 6.3, the current schedule of our fees can be found on the Site at https://stackedbitcoin.com/help/support/using-lightning-pay-web/fees;
fees may be incurred that are out of our control or the control of the Platform. Specifically, any fees incurred to transfer Bitcoin in and out of the Platform are not the responsibility of Lightning, but are solely the responsibility of the User;
as soon as we receive payment, you become legally bound to complete a Transaction that will be executed at the best rate (with fees added) available at the moment the Transaction arrives on the Platform and that the details of the Transaction are final and cannot be changed; and
Stacked is a non-custodial exchange and that you will withdraw any purchased Bitcoin from the Platform as soon as practicable after settlement of the Transaction utilising the withdrawal services of the Platform.
We may increase our fees by giving you at least 30 days' prior notice. If you do not wish to pay the increased fees, you may cease to use the Platform at any time. If you continue to use the Platform after the effective date of any fee increase, you are deemed to have accepted and agreed to the increased fees.
It is your responsibility to determine what, if any, taxes you owe in relation to Transactions and any other use of the Platform. It is your responsibility to report and remit any such tax to the appropriate tax authority. Stacked does not provide any tax advice or tax reporting services to you. You agree that Stacked is not responsible for determining whether taxes apply to your use of the Platform, including your Transactions, or for collecting, reporting, withholding, or remitting any taxes arising from your use of the Platform.
Chargebacks
You expressly undertake and agree not to initiate, authorise or otherwise facilitate, without our prior written consent, any chargeback, payment reversal or similar reclamation of funds (Chargeback) with your bank, credit card issuer, payment processor or any third party in connection with any payment made to Stacked. In the event any such Chargeback is initiated by you or on your behalf, or results in Stacked being required to repay, refund or forfeit all or any portion of any payment made to us (and/or pay any associated fees, fines, or costs imposed by the relevant financial institution(s)), you shall immediately and unconditionally reimburse Stacked for the full amount of such Chargeback and such other fees, fines, costs or expenses incurred by Stacked in connection with that Chargeback, together with interest at a rate of 4% above the Official Cash Rate for the time being as published by the Reserve Bank.
Your reimbursement obligation under the preceding paragraph constitutes an immediate debt due and payable to Stacked on demand. Without limiting any other remedies available at law or in equity, Stacked reserves the right to invoice you for the amount of that Chargeback (plus any associated fees, fines, costs, expenses and accrued interest) and recover the amount of such invoice as a debt from you in such manner as we consider appropriate, whether by way of set-off against any other funds which you may from time to time transfer to Stacked, referrals to debt collectors, legal proceedings (including but not limited to commencing a civil action for damages or, where applicable, filing an application for your bankruptcy or winding up) or otherwise. You agree to indemnify and hold harmless Stacked and its affiliates, officers, directors, and agents from and against all losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or in connection with any Chargeback or dispute initiated in connection with your Transactions.
Platform for Merchants
In addition to Transaction services, the Platform provides merchants and businesses (each a Merchant) a means to accept payment in Bitcoin from their customers in exchange for goods and services. This clause 9 applies to all Users who are Merchants.
If you are a Merchant you shall designate a natural person from time to time as your duly-authorised representative (Representative) for the purposes of all of your interactions with Stacked and the Platform. Any and all instructions received by Stacked from a Merchant's Representative shall be presumed valid and we may rely on them without further enquiry.
All payments for a Merchant's goods and services which are made using the Platform are received by the Merchant into their User Account. Stacked will direct payments as instructed from time to time by the Merchant's Representative and will not take custody of that Merchant's funds.
A Merchant may elect to receive final settlement in NZD at the time of payment, in part or in full. Any Bitcoin received to a Merchant's User Account will be sold as instructed by the Merchant's Representative. If you are a Merchant, you acknowledge and agree that the Bitcoin received for payment in return for goods and services is a contract between you and your customer and that Stacked is not a party to that contract.
If instructed by a Merchant's Representative, Stacked will send Bitcoin received to the Merchant's User Account, in part or in full, to the Merchant's wallet immediately upon receipt. You acknowledge and agree that:
it is your responsibility to ensure the accuracy of any instructions provided to Stacked;
Lightning Pay is not responsible for the security, reliability or performance of an external software wallet. In the event of a payment failure to the User's designated wallet, it is the User's responsibility to withdraw any bitcoin from Stacked as soon as practicable.
all Transactions are final and that you have full responsibility for the Transactions between you and your customers.
User conduct
You agree that you will only use the Platform for legitimate purposes and at all times in compliance with Applicable Laws. If Stacked suspects any unlawful or illicit activity, it may immediately suspend or freeze a User Account in accordance with clause 14, pending investigation, and may forward any information it may have about the User or their Transactions to law enforcement.
You agree not to (nor attempt or allow a third party to) interfere or impair the Platform in any way that may cause damage to the Platform, other users or Stacked, including without limitation:
use any APIs belonging to Stacked or its affiliates without Stacked's express written consent or otherwise access your User Account other than through the App or the Site;
access, tamper with, or use non-public areas of the Platform, Stacked's computer systems or the technical delivery systems of Stacked's providers;
attempt to probe, scan or test the vulnerability of any Stacked system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair descramble, or otherwise circumvent any restriction or technological measure implemented by Stacked or any Third Party Providers to protect the Platform;
provide or allow the provision of inaccurate information with respect to a Transaction, including without limitation inaccurate or incomplete information relating to the ownership or control of any self-hosted address; or
attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Platform.
Personal Information
Please refer to the current version of Stacked's privacy policy (Privacy Policy, the latest version of which is available at https://stackedbitcoin.com/privacy-policy/) for information on how we collect, use, and disclose your Personal Information. By accepting these Terms and using the Platform, you acknowledge that you understand the Privacy Policy and consent to the collection, use, and disclosure of your Personal Information as set out in the Privacy Policy. In providing the Personal Information of any individual (other than yourself) that may receive Transactions from you as part of your use of the Platform, you agree that you have obtained consent from such individual to disclose their Personal Information to us, as well as their consent to our collection, use, storage, and disclosure of such Personal Information, in the manner and for the purposes set out in our Privacy Policy.
Monitoring of the Platform
Monitoring: We may monitor access to or use of the Platform, either ourselves or through one or more Third Party Providers, for the purpose of operating the Platform, to ensure compliance with the Agreement, to prevent fraud, for other compliance or risk monitoring purposes or to comply with Applicable Laws. We have the right to investigate conduct that affects the Platform or may constitute a violation of the Agreement or of Applicable Laws. We reserve the right to disclose any information (including any of your Personal Information) as necessary to satisfy any Applicable Laws, regulation, legal process, governmental request, law enforcement request or any request of a financial institution connected with our Platform or involved directly or indirectly in any Transaction. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We may, at our discretion, delay or prevent any Transaction if we perceive a risk of illegal activity, fraud or other violation of our CDD procedures or if such Transaction is outside our risk appetite or contrary to our Policies.
Suspicious activity: Applicable Laws may require us from time to time to monitor, audit or review Transactions for suspicious activity. If alerted to suspicious activity, we will take any action we believe we must take in accordance with our Policies, Applicable Laws and the policies of our regulatory supervisors, including the suspension of the User Account in accordance with clause 14 or the reporting of any suspicious or illegal activity.
Third party services
Third Party Providers: Stacked has partnered with third parties to facilitate, provide, or otherwise offer certain parts of the Platform (each a Third Party Provider). You may be required to enter into additional agreements with such Third Party Providers, and/or the Platform may be subject to terms and conditions from those Third Party Providers, in order to enable or access certain functions of the Platform. Stacked does not have control of, or liability for, the products or services offered by Third Party Providers or for the performance of any Third Party Providers.
Third party content: We will not be liable or responsible in any way for the accuracy, legality, information or any aspect of the content or services provided by the Third Party Providers on external websites or services, including those websites or services that may be linked on the Platform. We make no representation to the security or reliability of external services linked on the Platform or its services. Any Personal Information that may be collected by a Third Party Provider is not the responsibility of Stacked and we are not liable for any breaches relating to your Personal Information.
Access: Although we endeavour to provide the Platform in a timely manner, the timing of certain aspects of the Platform may be subject to limitations of Third Party Providers, such as financial institutions who only operate during banking hours. As a result, access to the Platform in whole or in part may become delayed from time to time, including due to unexpected increases in transaction volumes on a weekend or bank holiday. We may, in our discretion, determine that it's necessary or appropriate to suspend or limit the Platform, as determined in our sole discretion, including for the purposes of compliance with these terms, a requirement of Third Party Providers, or any legal, regulatory, or administrative obligation or guidance.
Intellectual Property
Ownership: You acknowledge and agree that the Platform is protected by copyright, trademark and other Applicable Laws and that title to and all Intellectual Property in, the Platform, the App, the Site, any and all content (including images, logos or other media) on any of them and all underlying systems is and remains our property and/or that of our licensor(s) as applicable.
Licence: Stacked grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Platform, subject to the Agreement. Stacked reserves all rights not expressly granted to you in this Agreement. Nothing in the Agreement gives you a right to use, in any manner, the Stacked name or any of the Stacked trademarks, product names, logos, domain names, layout or design of any page or form contained on a page, other distinctive brand features, or other proprietary or intellectual property rights (Stacked Marks). All right, title, and interest in and to the Platform and the Stacked Marks are and will remain the exclusive property of Stacked or its relevant affiliate(s).
Cancellation / suspension / termination
We may, in our sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify, or terminate, temporarily or permanently, all or any part of the Platform, establish certain limits on Transaction value or volume or terminate your User Account, for any reason or for no reason, including, if we reasonably believe that (i) you create risk or possible legal exposure for us, (ii) our provision of the Platform to you is no longer commercially viable, (iii) you have not accessed your User Account in more than two years, (iv) you or your activity is outside of our risk appetite, or (v) you have breached any terms of the Agreement.
We have the right to immediately cause your User Account to be suspended, and the funds and assets in your User Account to be frozen, if (i) we suspect, in our sole discretion, your User Account to be in violation of the Agreement, Applicable Laws or our CDD compliance or risk management Policies, (ii) we are required to do so by Applicable Laws, a government or regulatory authority, court order, a facially-valid subpoena or a Third Party Provider, (iii) a transfer to your User Account from a linked Payment Method was reversed or (iv) we believe there is unusual activity in your User Account or that you are using your Credentials or your User Account in an unauthorised or inappropriate manner or that you have provided access to your User Account to a third party, permitted a third party to access your User Account or provided your Credentials to a third party. Your User Account will remain suspended and funds and assets in your User Account will remain frozen until a determination is made in the investigation by Stacked, at which point Stacked may terminate your User Account.
Upon termination of your User Account, and except in cases of fraud or where your funds and assets are recovered or otherwise frozen as described above, Stacked may in its discretion attempt to convert any undrawn Bitcoin balance to NZD for withdrawal to your linked Payment Method. No other uses of your User Account will be permitted upon User Account termination. You will remain liable to Stacked for all obligations incurred in your User Account, whether arising before or after the termination of your User Account or the Agreement.
Stacked will have no liability or responsibility to you for any permanent or temporary limitation or inability to access or use the Platform following suspension or termination in accordance with this clause, including your inability to withdraw any undrawn Bitcoin balances in your User Account or to execute Transactions.
Any provision of the Agreement that naturally extends beyond the expiration or termination of the Agreement will continue to be binding and apply after such termination and expiration, including, but not limited to Credentials / security obligations, recovery of funds, data use and ownership, limitations of liability, governing law and dispute resolution, risk disclosures, and other general terms.
Disclaimer, limitation of liability and indemnity
Except in accordance with Applicable Laws, including but not limited to the Fair Trading Act 1986 or the Consumer Guarantees Act of 1993, the Platform is provided "as is" and "as available" without warranty of any kind. Without limiting the foregoing, Lightning Pay and its affiliates:
explicitly disclaim any implied warranties of title, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade;
make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, virus-free or error-free basis;
make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content made available through the Platform;
will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material or information contained or made available through the Platform,
You acknowledge and agree that any Transactions entered into on the Platform are entirely at your own risk, that upon withdrawal, the completeness and accuracy of the information provided by the Platform are solely your responsibility and not the responsibility of Stacked and that Lightning Pay and its affiliates will not be responsible or liable to you for any loss (including loss of Bitcoin, NZD or other funds) and take no responsibility for and will not be liable to you for any use of the Platform, including but not limited to any losses, damages or claims arising from (a) user error, (b) any Transaction you instruct or authorise (c) Platform failure or downtime or unavailability, (d) unauthorised access or any unauthorised third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Platform, (e) any Transaction not being executed for any reason, (f) any limitations placed on your User Account for any reason or any restrictions on your ability to access all or part of the Platform at any time, (g) failure of any Transaction for any reason, (h) any failure, action, or inaction of any Third Party Provider or any losses suffered as a result or (i) loss of funds due to incompatibility between the Platform and a User's own wallet or its selected destination for purchased Bitcoin.
Indemnity: To the maximum extent permitted by Applicable Laws, you will indemnify and hold harmless Stacked and its affiliates, and their respective officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation reasonable legal and accounting fees) arising out of or in any way connected with (a) your improper or unauthorised access to or use of the Platform, (b) your violation of the Agreement or any other agreement between you and Stacked (or any of its affiliates) or (c) any claim asserted by a third party attributable to your activity on the Platform. This indemnity includes, without limitation, liability relating to Intellectual Property rights, defamation and breaches of privacy and liability related to damages made on the Platform.
Consequential damages waiver: Notwithstanding any other provision of these Terms, neither Lightning Pay, its affiliates, Third Party Providers nor any other party involved in creating, producing, or delivering the Platform will be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, trading losses, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with the Agreement or from the use of or inability to use the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Lightning Pay, its affiliates, or any other party has been informed of the possibility of such damage.
Liability cap: Notwithstanding any other provision of these Terms, in no event will Lightning Pay's and its affiliates' total liability arising out of or in connection with the agreement or from the use of or inability to use the Platform exceed one hundred NZD ($100).
General Terms
Entire agreement: The Agreement incorporates the applicable Policies by reference and constitutes the entire and exclusive understanding and agreement between Stacked and you regarding the Platform. The Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Stacked and you regarding the Platform.
Severability: If any provision of the Agreement is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect.
Assignment: You may not assign or transfer the Agreement, by operation of law or otherwise, without Stacked's prior written consent. Any attempt by you to assign or transfer the Agreement, without such consent, will be null. Stacked may freely assign or transfer the Agreement without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns. In the event that Stacked, its parent entity, or substantially all of the assets used in connection with providing the Platform is or are acquired by or merged with another entity, Stacked may transfer or assign the information Stacked has collected from you as part of such change of control.
Notices: Any notices or other communications provided by Stacked under the Agreement, including those regarding modifications to the Agreement, will be given either by (i) posting to the Site or App or (ii) email.
Waiver: Stacked's failure to enforce any right or provision of the Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Stacked. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or at law.
Event of Death: In the event of your death, the representative of your estate or the survivor(s) shall give Stacked written notice as soon as practicable. In such event, Stacked may cancel all open Transactions, including recurring Transactions and Stacked will not be responsible for any action taken on Transactions made prior to Stacked's actual receipt of notice of death and a reasonable amount of time thereafter. Furthermore, Stacked may in its discretion close out any part or all of your User Account without awaiting the appointment of a personal representative for your estate and without demand upon or notice to any such personal representative. We may, before or after receiving such written notice, take such proceedings, require such papers or waivers, or restrict Transactions in your User Account as we may deem advisable, which may include the liquidation of any undrawn Bitcoin balances in your User Account.
Unclaimed Bitcoin: If there is any undrawn Bitcoin in your User Account and we have no record of you accessing the Platform for many years and we are unable to contact you, Stacked may be required by Applicable Laws to deliver any such Bitcoin to the applicable state or jurisdiction as unclaimed property.
Governing law and dispute resolution
Stacked is committed to ensuring that we treat all of our customers fairly. We will endeavour to handle all complaints or disputes in a timely manner.
Should you have the need to lodge a complaint, you can contact Stacked via email at support@stackedbitcoin.com.
If for any reason, we are unable to resolve your complaint through our internal process, Stacked is also a participant of the IFSO Scheme (5007317). The IFSO Scheme provides a free, independent dispute resolution service to consumers. You can contact the IFSO Scheme by:
Email: info@ifso.nz
Website: www.ifso.nz or make an online complaint
Freephone: 0800 888 202
Address: P O Box 10-845, Wellington 6143
The Agreement and any action related to it is governed by and interpreted in accordance with the laws of New Zealand. In addition to any rights you may have to seek dispute resolution under clause 17.3, you may bring legal proceedings related to the Agreement in the courts of New Zealand.