Terms of Service
Effective Date: 24/09/2025
1. Acceptance of Terms
By accessing and using the CAFFEINE platform ("Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.
These Terms constitute a legally binding agreement between you and CAFFEINE Limited ("Company," "we," "us," or "our").
2. Description of Service
CAFFEINE is a professional networking platform designed specifically for New Zealand's startup and business ecosystem. Our Service enables members to:
Connect with other professionals, founders, and investors
Access exclusive content and industry insights
Participate in networking events and community activities
Access premium resources and educational content
Engage in professional discussions and knowledge sharing
3. Eligibility and Account Registration
3.1 Eligibility Requirements
To use our Service, you must:
Be at least 16 years of age
Be legally capable of entering into binding contracts
Provide accurate and complete registration information
Maintain the accuracy of your account information
3.2 Account Registration
You must create an account using accurate personal and professional information
You are responsible for maintaining the confidentiality of your login credentials
You must immediately notify us of any unauthorized use of your account
One person may not maintain multiple accounts
3.3 Account Verification
We may verify the accuracy of information provided and reserve the right to suspend accounts with false or misleading information.
4. User Conduct and Acceptable Use
4.1 Permitted Uses
You may use our Service to:
Build professional connections within the startup ecosystem
Share industry-relevant content and insights
Participate in community discussions and events
Access educational resources and premium content
4.2 Prohibited Conduct
You agree not to:
Use the Service for any unlawful purpose or activity
Impersonate any person or entity, or falsely represent your affiliation
Harass, intimidate, threaten, or harm other users
Post spam, unsolicited messages, or inappropriate content
Share confidential information without proper authorization
Violate intellectual property rights of others
Attempt to gain unauthorized access to our systems
Use automated tools to scrape or collect data without permission
Engage in any activity that disrupts or interferes with our Service
Violate any applicable New Zealand or international laws
4.3 Professional Standards
As a professional networking platform, we expect all users to:
Maintain professional behavior and communication
Respect others' privacy and confidential business information
Provide honest and accurate professional representations
Engage constructively in community discussions
5. Content and Intellectual Property
5.1 Your Content
You retain ownership of all content you post on our Service
By posting content, you grant us a worldwide, non-exclusive license to use, display, distribute, and modify your content in connection with our Service
You represent that you have all necessary rights to post your content
You are solely responsible for your content and its legality
5.2 Our Content and Intellectual Property
Our Service, including software, text, graphics, logos, and design, is owned by us and protected by copyright, trademark, and other intellectual property laws
You may not reproduce, distribute, modify, or create derivative works from our content without written permission
"CAFFEINE" and related marks are our trademarks
5.3 User-Generated Content
We may review, moderate, or remove content that violates these Terms
We are not responsible for user-generated content
We reserve the right to remove content without notice
6. Premium Membership and Payments
6.1 Premium Services
Certain features require a premium membership subscription
Premium features and pricing are displayed on our Service
All fees are in New Zealand Dollars and include GST where applicable
6.2 Payment Terms
Subscription fees are charged in advance on a recurring basis
Payment is processed through secure third-party payment providers
We do not store your complete payment card information
6.3 Refunds and Cancellations
You may cancel your premium membership at any time
Refunds are provided in accordance with New Zealand consumer law
No refunds for partial months of service unless required by law
Upon cancellation, premium features remain available until the end of the billing period
7. Events and Networking Activities
7.1 Event Participation
Event details, including dates, locations, and costs, are provided by event organizers
We facilitate event promotion but are not responsible for event content, quality, or outcomes
Event registration and payment terms are specified for each event
7.2 Event Liability
You participate in events at your own risk
We are not liable for injuries, damages, or disputes arising from events
Event organizers are responsible for their events' conduct and safety
7.3 Event Cancellation Policy
Event cancellation and refund policies are specified for each event
We reserve the right to cancel events due to insufficient registration or other factors
Refunds for cancelled events are processed according to the stated policy
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. Third-Party Services and Links
9.1 Third-Party Integration
Our Service may integrate with third-party services (e.g., LinkedIn, payment processors)
Your use of third-party services is subject to their terms and privacy policies
We are not responsible for third-party services' availability, content, or practices
9.2 External Links
Our Service may contain links to external websites
We do not endorse or control external websites
You access external links at your own risk
10. Disclaimers and Limitation of Liability
10.1 Service Disclaimers
To the maximum extent permitted by New Zealand law:
Our Service is provided "as is" and "as available" without warranties of any kind
We do not guarantee uninterrupted, error-free, or secure operation
We disclaim all warranties, whether express, implied, or statutory
We do not warrant the accuracy, completeness, or reliability of user content
10.2 Limitation of Liability
To the maximum extent permitted by New Zealand law:
Our total liability is limited to the amount you paid for premium services in the 12 months preceding the claim
We are not liable for indirect, incidental, special, consequential, or punitive damages
We are not liable for loss of profits, data, use, goodwill, or other intangible losses
Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you
10.3 Indemnification
You agree to indemnify and hold us harmless from claims arising from your use of our Service, violation of these Terms, or infringement of any rights of another.
11. Consumer Rights
If you are a consumer under New Zealand law:
You have rights under the Consumer Guarantees Act 1993 that cannot be excluded
Services must be provided with reasonable care and skill
Services must be fit for particular purpose and of acceptable quality
Nothing in these Terms excludes, restricts, or modifies consumer rights that cannot be excluded by law
12. Termination
12.1 Termination by You
You may terminate your account at any time through your account settings
Upon termination, your right to use the Service ceases immediately
Some information may be retained as required by law or for legitimate business purposes
12.2 Termination by Us
We may suspend or terminate your account if you:
Violate these Terms or our community guidelines
Engage in conduct harmful to other users or our Service
Provide false information or fail to verify your identity
Fail to pay required fees
12.3 Effect of Termination
Upon termination, your license to use the Service ends
We may delete your account and content
Provisions regarding liability, indemnification, and dispute resolution survive termination
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by New Zealand law, without regard to conflict of law principles.
13.2 Jurisdiction
Any disputes arising from these Terms or your use of our Service will be resolved in the courts of New Zealand.
13.3 Alternative Dispute Resolution
Before pursuing court action, we encourage you to contact us directly to resolve any disputes. We may agree to participate in mediation or other alternative dispute resolution.
14. Changes to Terms
14.1 Modification Rights
We may modify these Terms at any time to reflect:
Changes in our Service or business practices
Legal or regulatory requirements
Industry standards or best practices
14.2 Notice of Changes
Material changes will be communicated via email or platform notification
Updated Terms will be posted with a new effective date
Continued use of our Service after changes constitutes acceptance
14.3 Rejection of Changes
If you do not agree to modified Terms, you must stop using our Service and may terminate your account.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our Service.
15.2 Severability
If any provision of these Terms is found unenforceable by a court, the remaining provisions will remain in full force and effect.
15.3 Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
15.4 Assignment
We may assign these Terms or our rights hereunder without your consent. You may not assign your rights without our written consent.
15.5 Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control.
16. Contact Information
For questions about these Terms of Service:
CAFFEINE Limited Email: hello@caffeinedaily.co Address: 31 Crummer Avenue, Grey Lynn, Auckland 1021, New Zealand
For disputes or complaints, you may also contact: Commerce Commission (for consumer matters) Website: comcom.govt.nz Phone: 0800 943 600
Disputes Tribunal (for claims under $30,000) Website: disputestribunal.govt.nz
17. Compliance Statement
These Terms of Service have been prepared in compliance with:
New Zealand Contract and Commercial Law Act 2017
Consumer Guarantees Act 1993
Fair Trading Act 1986
Privacy Act 2020
Electronic Transactions Act 2002
Last Updated: 24/09/2025
