Crypotia va en liquidation judiciere !
Je ne sais pas si vous etes impactes ou pas.
Comme vous le savez, je suis en NZ.
Et ma femme est avocate Neo Zelandaise
si certains d'entre vous sont dans la mouise et veulent faire une action en justice ou alors avoir une representation locale je peux peut etre vous aider.
Je vais creuser un peu la question et voir quels sont leur obligations sous le droit NZ.
Voici leur terms et condition d'avant le hack :
Liability, Indemnities and Force Majeure
Our Liability :
A) Subject to clause 12.1(c), to the maximum extent permitted by all Applicable Laws, we are not, under any circumstances, liable in any way for any loss or damage, whether direct, indirect, consequential or incidental, whether in tort, contract or otherwise arising out of use of our Platform or Services. This includes:
any losses arising as result of us acting in accordance with these Terms or any other applicable terms and conditions;
losses caused by you, or anyone acting on your behalf (including any Anticipated Person), providing incorrect information;
corruption or loss of data or any information;
malware or any other damage that may be caused to your computer or system as a result of use of the Platform or transmission of any information from us or any other person to you;
interruptions, suspensions, delays or discontinuance of the Platform or any Services;
the tax liability of you or any other User, nor for collecting, reporting, withholding or remitting any taxes arising from any use of our Services or Platform;
losses caused by any User error by you or anyone acting on your behalf;
losses arising out of unauthorised access or fraud in relation to your accounts or Services committed by you, your employee, officer or agent;
losses caused by circumstances beyond our control, including any machine or system failure;
losses arising from your use or inability to access our platform at any time, inaccurate content or information in any service we provide; or
losses arising from faults in, or malfunction of, any equipment (including telecommunication equipment) which supports our website; and
any loss relating to the content or omission of content from our site.
B) Subject to clause 12.1(c), we give no express warranties and disclaim and exclude all implied conditions or warranties, as to the Platform and the Services. Without limiting the foregoing, we do not:
guarantee that the content is reliable, accurate or complete; and
warrant that any of the functions in our site will be uninterrupted or error free.
C) Nothing in these Terms is intended to limit any rights or remedies a User may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
Notwithstanding clause 12.1(a), (b), and (c), if we are found to be liable for any loss, cost, damage or expense, our maximum aggregate liability to you will be limited to $5,000
source :
https://web.archive.org/web/20181202165103/https://www.cryptopia.co.nz/Home/Terms#12La partie importante c'est le C) en gras.
Je vais creuser le fair Trading Act.
Des fois les entreprises elles veulent t'enfumer avec des limite de guaranty alors que pour le coup en NZ le consomateur est pas mal protege.
voici le communique de presse :
PANIC !!!David Ruscoe and Russell Moore from Grant Thornton New Zealand were yesterday appointed liquidators of Cryptopia Limited, a New Zealand cryptocurrency exchange based in Christchurch.
The highly publicised hack of Cryptopia’s exchange in January 2019 had a severe impact on the company’s trade. Despite the efforts of management to reduce cost and return the business to profitability, it was decided the appointment of liquidators was in the best interests of customers, staff and other stakeholders.
The liquidators are focused on securing the assets for the benefit of all stakeholders. While this process and investigations take place, trading on the exchange is suspended.
“We realise Cryptopia’s customers will want to have this matter resolved as soon as possible. We will conduct a thorough investigation, working with several different stakeholders including management and shareholders, to find the solution that is in the best interests of customers and stakeholders,” says David Ruscoe.
“Given the complexities involved we expect the investigation to take months rather than weeks.”
The liquidators are also working with independent experts and the relevant authorities with regards to the company’s obligations.
Grant Thornton will be contacting all customers and suppliers about its appointment in the next few days.
An initial report will be available on the New Zealand Companies Office website next week. No further comment will be made until more information is available.
Further enquiries, please contact:
Claire Cicchini
Acumen Republic
T +64 21 864 652
E
ccicchini@acumenrepublic.com https://www.grantthornton.co.nz/press/press-releases-2019/cryptopia-limited-appoints-grant-thornton-as-liquidators/ Presse locale :
https://www.stuff.co.nz/business/112740512/cryptopia-appoints-grant-thornton-as-liquidators