Effective Date: 5/05/2025
Welcome to Cappashare ("we", "us", "our", or the "Service"). These Terms of Service ("Terms") govern your access to and use of our file-sharing platform, including our website, applications, APIs, and any related features or services (collectively, the "Platform"). By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.
1. Eligibility
You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use the Platform. If you are under 16, you confirm that you have obtained parental or guardian consent. If you are using the Platform on behalf of a business or organisation, you confirm that you are authorised to accept these Terms on its behalf.
2. User Accounts
To access certain features of the Platform, you may be required to create an account. You agree to provide accurate and complete information and to keep it up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. We are not liable for any loss or damage arising from unauthorised use of your account.
3. Acceptable Use
You may use the Service to upload, store, and share any file type, provided that you comply with these Terms and all applicable laws. You agree not to use the Service to upload, store, share, or distribute any content that:
- Is illegal, harmful, abusive, harassing, or defamatory
- Is sexually explicit, pornographic, violent, or graphically disturbing
- Promotes hate, terrorism, or discrimination
- Infringes on the rights of others, including copyright, trademark, privacy, or publicity rights;
- Contains malware, viruses, ransomware, or any other malicious software;
- Promotes or facilitates illegal activity;
- Contains child sexual abuse material or content that violates New Zealand's Films, Videos, and Publications Classification Act 1993;
- Violates the laws of New Zealand or any applicable international law.
We reserve the right to block, remove, or restrict access to any
content that we reasonably believe violates these Terms or may pose
a security or legal risk.
4. Content Ownership and Licensing
You retain full ownership of
the files and content ("User Content") you upload to the Platform.
By uploading content, you grant us a limited, non-exclusive,
royalty-free license to host, store, process, and transmit that
content solely to provide and maintain the Service. By uploading
content to our service you agree that:
- You own or have the necessary rights to upload and share it;
- Your content does not violate any law or third-party rights;
We do not actively monitor all uploaded content but may do so to enforce these Terms or as required by law.
5. Privacy
We take your privacy seriously. Your personal information is handled in accordance with our Privacy Policy, which complies with the New Zealand Privacy Act 2020. By using the Service, you acknowledge and agree that we may collect, use, and disclose your personal information as described in that policy, including information related to your account, file activity, and interactions with the Platform. If you have any questions about how we handle personal data, please refer to our full Privacy Policy or contact us directly.
6. Termination
You may stop using the Service at any time. We may suspend or terminate your account or access to the Service if: You violate these Terms;
- Your use poses a security risk or legal issue;
- We are required to do so by law.
Upon termination, we may delete your account and all associated content. We are not liable for the loss of content upon termination, suspension, or deletion.
7. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee that: The Platform will be secure, uninterrupted, or error-free; Any file stored or downloaded will be safe or virus-free; The Service will meet your specific needs. Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 if you are using the Service as a consumer in New Zealand.
8. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from: Your use of or inability to use the Service; Loss, corruption, or unauthorized access to your data; Actions or content of third parties; Any file you download, share, or open using the Platform. If you are using the Service for personal, non-commercial purposes, these Terms do not limit your consumer rights under New Zealand law.
9. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a revised "Effective Date" and, if the changes are material, provide notice via email or the Platform. Continued use of the Service after changes means you accept the updated Terms.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand for any dispute related to these Terms or the Service.
11. Contact Us
For questions or concerns regarding these Terms or the Service,
please contact us at:
Email: [email protected]
Phone +64 020 4195 9899