Terms of Service for KiwiFruit.Capital
Last Updated: August 20, 2025
Welcome to KiwiFruit.Capital! These Terms of Service (“Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through www.kiwifruit.capital (the “Website”). KiwiFruit.Capital is an initiative of the Vector Group Charitable Trust.
Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at [link to Privacy Policy], incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
1. Services
KiwiFruit.Capital is a directory, classifieds, and events website. We provide a platform for users to:
- Create and manage business directory listings.
- Post and browse classified advertisements.
- List and discover local events.
KiwiFruit.Capital is a venue for users. We are not a party to any transactions, agreements, or disputes that may arise between users as a result of their use of the Website.
2. User Accounts
To access certain features of the Website, you may be required to register for an account. When you create an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Maintain the security of your password and accept all risks of unauthorized access to your account.
- Promptly notify us if you discover or otherwise suspect any security breaches related to the Website.
You are responsible for all activities that occur under your account, whether or not you know about them.
3. User Content
You are solely responsible for all content you upload, post, or otherwise make available on the Website (“User Content”). You agree not to post any User Content that:
- Is false, misleading, or fraudulent.
- Is unlawful, defamatory, obscene, pornographic, or harassing.
- Infringes on the intellectual property or other rights of any third party.
- Contains viruses, corrupted data, or other harmful, disruptive, or destructive files.
- Is spam, including but not limited to, unsolicited promotions, advertising, or chain letters.
- Violates any applicable law, rule, or regulation.
We have the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.
4. Intellectual Property
The Website and its original content, features, and functionality are and will remain the exclusive property of KiwiFruit.Capital and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KiwiFruit.Capital.
By posting User Content, you grant KiwiFruit.Capital a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
5. Fees and Payment
Certain services on the Website, such as premium directory listings or featured classifieds, may require payment. You agree to pay all applicable fees and taxes associated with your use of these services. All payments are processed through a third-party payment processor, and you agree to their terms and conditions.
All fees are non-refundable unless otherwise stated in writing.
6. Prohibited Activities
You are prohibited from using the Website to:
- Engage in any illegal or fraudulent activities.
- Harass, abuse, or harm another person.
- Impersonate any person or entity.
- Spam other users with unsolicited advertisements.
- Introduce any malicious software or harmful code.
- Scrape or otherwise collect data from the Website without our express written permission.
7. Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis. KiwiFruit.Capital makes no warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, secure, or error-free.
8. Limitation of Liability
In no event shall KiwiFruit.Capital, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content.
9. Indemnification
You agree to defend, indemnify, and hold harmless KiwiFruit.Capital and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.
10. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New Zealand for the resolution of any disputes.
11. Changes to the Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of such changes by updating the “Last Updated” date at the top of these Terms. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
12. Contact Information
If you have any questions about these Terms, please contact us