Effective Date: May 5, 2025
These Terms of Use ("Terms") regulate your access to and use of CapChur's services, which include: (a) websites operated by CapChur (including capchur.co.nz, app.capchur.co.nz, and any future URLs, mobile or localized versions, subdomains, and related sites), (b) CapChur's software applications, products, and digital services as provided now or in the future, and (c) other interactions you may have with CapChur (including customer support and consultations), collectively referred to as the "Services." These Services are provided and operated by CapChur Limited ("CapChur," "we," "us" or "our").
These Terms apply to all users who access or use our Services, including account holders and additional authorized users (collectively "You" or "User"). By accessing our Services, You agree to comply with these Terms immediately upon first use.
Please read these Terms carefully. Your use of the Services constitutes acceptance of these Terms. By accessing the Services, You confirm that: (a) You are at least 18 years old; (b) You fully understand and accept these Terms, including future amendments; and (c) You have reviewed and accept our Privacy Policy, accessible at CapChur.co.nz/privacy, incorporated herein.
You must have the legal capacity to enter into contracts. If You represent an entity, You warrant You have authority to bind that entity to these Terms.
We reserve the right to modify, suspend, or discontinue any aspect of our Services or Terms at any time. Non-material changes may be implemented without prior notice. Material changes will be communicated to account holders at least 30 days in advance via email, specifying changes, effective date, and your rights concerning those changes. Unless explicitly objected to within seven (7) days after changes become effective, continued use signifies acceptance of these revised Terms.
Account holders must provide valid credit card information ("Payment Information") for processing transactions in accordance with our Privacy Policy.
We are not liable for unsuccessful payments caused by insufficient funds, incorrect Payment Information, expired cards, or external interruptions beyond our control.
All payments exclude applicable taxes or duties, for which Users remain solely responsible.
Subscriptions automatically renew annually unless canceled in writing 30 days before renewal. Subscription fees are specified during purchase and may increase up to 10% annually after the initial subscription period. All payments are non-refundable, excluding specific warranty or indemnification claims outlined below.
Credit Card Billing: By providing your card details, You authorize recurring charges aligned with your subscription period. Failed payments due to card expiry, insufficient funds, or invalid information remain your responsibility.
These Terms remain effective until either party terminates. You may cancel by emailing olawson@capchur.co.nz or via your billing settings page.
We may immediately terminate your access for violations of these Terms, misuse of Services, failure to pay fees, legal obligations, or commercial infeasibility.
Post-termination, account access is revoked, and data may be deleted after ninety (90) days. Outstanding charges remain your liability.
To access the Services, Users must create an account with accurate, up-to-date information. You must maintain password confidentiality and immediately report unauthorized access to olawson@capchur.co.nz.
You may not create accounts if competing directly with CapChur.
You agree to use our Services lawfully, avoiding actions harmful, fraudulent, abusive, defamatory, harassing, or disruptive to CapChur or third parties. Prohibited activities include unauthorized automated access, impersonation, unlawful conduct, interference with service operations, or spreading harmful software.
CapChur retains full rights to all Services content, software, and related intellectual property. We grant Users a limited, revocable license contingent upon subscription compliance.
By submitting User Content (photos, videos, comments, etc.), You grant CapChur a worldwide, non-exclusive, sublicensable license for usage, including promotional activities. You represent that you own or have rights to share all submitted content and have obtained necessary permissions.
User data is retained during active subscriptions and up to 180 days post-termination. For detailed privacy practices, review our Privacy Policy.
Services are provided "as is," without warranties of any kind, explicit or implied. We are not responsible for temporary service interruptions or inaccuracies in User-provided data.
CapChur is not liable for indirect, incidental, consequential, or exemplary damages arising from your use of our Services. Our total liability is limited to the fees paid by You in the preceding subscription period.
You agree to indemnify and hold CapChur harmless against claims, liabilities, or expenses arising from your breach of these Terms, misuse of Services, or infringement of third-party rights.
These Terms are governed by New Zealand law. Any disputes arising hereunder shall be subject exclusively to the jurisdiction of New Zealand courts.
Force Majeure: CapChur is not liable for failures beyond reasonable control, including natural disasters, network failures, or government actions.
Severability: Invalid provisions do not affect the remainder of these Terms.
Assignment: Users may not transfer their rights or obligations under these Terms without prior written consent from CapChur.
Entire Agreement: These Terms supersede all prior agreements and constitute the full understanding between Users and CapChur.
Contact: For queries regarding these Terms, contact us at olawson@capchur.co.nz.