1. Introduction

1.1 This addendum (“Addendum”) sets out the terms and conditions that apply to Users of the Platform who are identified as residents or nationals of New Zealand, or have a relevant connection to New Zealand (collectively, the “New Zealand Users”), in addition to the Terms of Service found at https://www.bybit.com/app/terms-service/information (the “Terms of Service”), to the extent that the Terms of Service is novated, modified, amended and/or supplemented by this Addendum.

1.2 If you are a New Zealand User, this Addendum together with the Terms of Service (to the extent that the Terms of Service is novated, modified, amended and/or supplemented by this Addendum) (collectively, the “Terms”) constitute a legally binding agreement between you (“you”, “your” or “User”) and Kono Group Limited (“Kono”, the “Company”, “we”, “us” or “our”), a limited company duly incorporated in New Zealand (company number 7276656). Kono is registered on the New Zealand register of financial service providers (FSP number FSP664531) to provide a range of financial services and is a member of the Financial Services Complaints Limited (FSCL) – a Financial Ombudsman Service (membership number 8802).

1.3 If you are a New Zealand User who has applied for an Account through our Site, you agree that you will be legally bound by the Terms.

1.4 To the extent of any inconsistency between this Addendum and our Terms of Service, the terms of this Addendum shall prevail.

1.5 Save as defined below, all terms and references used in this Addendum shall have the meaning given to them in our Terms of Service.

2. Contracting Parties to the Terms

2.1 With respect to the New Zealand Users, the Terms of Service shall be amended to the following extent:

(a) any reference to “Bybit Technology Limited”, “Company”, “we”, “us” or “our” in the Terms of Service, shall be treated as a reference to Kono; and

(b) any reference to the "Agreement" or the “Terms” in the Terms of Service, shall be treated as a reference to the Terms of Service as novated, modified, amended and/or supplemented by this Addendum.

2.2 You acknowledge and agree that the services or products (including the supported Digital Assets and/or fiat currencies) on the Platform which are available to the New Zealand Users (“NZ Supported Services”) are provided to you by Kono as the service provider.

3. Access to Our Services

3.1 You acknowledge and agree that the services and products (including the supported Digital Assets and/or fiat currencies) available on the Platform may vary by jurisdiction, and that the New Zealand Users may only be able to access some, but not all, of the services or products offered on the Platform. We may change or update the NZ Supported Services, from time to time, in compliance with the applicable law, rule or regulation. As a result of the foregoing, some of the services and products on the Platform may not be available to you.

3.2 As a New Zealand User, you may only access the NZ Supported Services (as may be changed or updated from time to time). You acknowledge that this may impact your ability to trade on the Platform and/or monitor any existing orders or open positions or otherwise use the services or products on the Platform.

3.3 You acknowledge and agree that:

(a) our determination of the list of services and/or products (including any supported Digital Assets and/or fiat currencies) under the NZ Supported Services shall be final and conclusive; and

(b) we assume no responsibility or liability in connection with any of your attempts to use your Account for any services and/or products (including any supported Digital Assets and/or fiat currencies) that fall outside of the NZ Supported Services (as may be changed or updated from time to time), including any losses, damages, or expenses incurred by you therefrom.

4. Resolving Complaints and Dispute

4.1 If you have any complaints or questions, you may contact us via this form or email us at support@bybit.com.

4.2 When contacting us, please ensure to provide enough information to allow us to identify you and any other information necessary in respect of your complaint or question.

4.3 If we cannot resolve your complaint, or you remain dissatisfied after going through our complaints procedures, you may also complain to Financial Services Complaints Limited – a Financial Ombudsman Service (“FSCL”). FSCL is an independent, not-for-profit dispute resolution service which helps to resolve complaints about financial service providers. The services of FSCL may help to investigate or resolve your complaint if your complaint is not resolved to your satisfaction using our internal complaints procedures. You may also refer a dispute in accordance with Section 26.2 of our Terms of Service.

5. Governing Law

5.1 The Terms shall be governed by the laws of New Zealand.