Last updated: 30 August 2025
Operator: One&Only Group Limited (“Kapsule”, “we”, “us”, “our”)
Welcome to Kapsule (the “Website”). Kapsule is a marketplace platform that enables independent third-party sellers (“Sellers”) to offer goods to customers (“Buyers”). Kapsule does not sell products itself.
By using the Website, creating an account, or accessing any Kapsule services, you agree to these Conditions of Use and any Service-specific terms we publish (together, the “Terms”). If any Service-specific terms conflict with these Conditions of Use, the Service-specific terms prevail for that Service.
1. Privacy
1.1 Please review our Privacy Policy to understand how we collect, use, disclose, and protect your personal information under the Privacy Act 2020.
1.2 By using Kapsule, you consent to our processing of your information in accordance with the Privacy Policy.
2. Electronic communications
2.1 When you use Kapsule or communicate with us by email, form submission, or in-app messaging, you are communicating electronically.
2.2 You consent to receive communications from us electronically. We may communicate by email, notices on your account dashboard, Website announcements, or push notifications.
2.3 You agree that all electronic communications satisfy any legal requirement that such communications be in writing.
3. Copyright and other rights
3.1 All content made available through Kapsule (including text, graphics, logos, icons, images, downloads, and data compilations) is owned by Kapsule or its content suppliers and is protected by New Zealand and international copyright laws.
3.2 Except to the extent necessary for personal, lawful use of the Website, you must not copy, reproduce, publicly display, adapt, compile, scrape, data-mine, or create derivative works from Kapsule content without our prior written consent.
4. Trade marks
4.1 “Kapsule” and associated logos, graphics, page headers, and service names are trade marks or trade dress of One&Only Group Limited.
4.2 You must not use our trade marks or trade dress in any manner that may cause confusion, or that disparages or discredits Kapsule.
4.3 Other marks that appear on the Website are the property of their respective owners.
5. Rights of access and use
5.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and make personal, non-commercial use of the Website in accordance with these Terms and applicable law.
5.2 This licence does not permit resale, commercial use, collection or use of listings, descriptions or prices, derivative use of the Website, or use of data mining or similar tools.
5.3 Any unauthorised use terminates the licence granted by us.
6. Your Kapsule account
6.1 You may need an account to use parts of Kapsule.
6.2 You are responsible for maintaining the confidentiality of your account and password and for all activities under your account.
6.3 You must take reasonable steps to keep your password secure and notify us promptly of any suspected unauthorised access.
6.4 You must ensure that the information in your account is accurate and up to date.
6.5 You must not use Kapsule:
- In a way that causes or is likely to cause interruption or impairment
- For fraudulent or unlawful purposes
- In breach of these Terms
6.6 We may suspend, restrict, or terminate access where we reasonably believe there is a breach, risk, fraud, or misuse.
7. Reviews, comments, and other content
7.1 You may post reviews and other content, provided it is lawful, accurate, and not misleading, defamatory, obscene, infringing, or otherwise objectionable.
7.2 You must not post spam, malware, or unsolicited commercial communications.
7.3 By posting content, you grant Kapsule a worldwide, royalty-free, non-exclusive, transferable, and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
7.4 You warrant you own or control all rights to the content you post and that it does not violate applicable law or third-party rights.
7.5 You agree to indemnify Kapsule for claims arising from content you post, except where our failure to remove content after valid notice is the cause.
8. Intellectual property complaints
8.1 We respect intellectual property rights.
8.2 If you believe content or a listing infringes your rights, you must contact us with a detailed notice including evidence of ownership, the specific URL(s), and your contact details.
8.3 We may remove or disable access to allegedly infringing material and may contact the Seller.
9. Sanctions and export
9.1 You must comply with applicable sanctions, export control, and import laws.
9.2 You may not use Kapsule where prohibited by New Zealand law or any applicable international sanctions regimes.
10. Software
10.1 Any software or application we provide is licensed, not sold, and may include automatic updates.
10.2 You must not reverse engineer, decompile, or circumvent security features except to the extent permitted by mandatory law.
11. Other businesses
11.1 Independent third parties provide goods and services on Kapsule.
11.2 We do not control and are not responsible for the offerings of third parties or the content of their websites or stores.
11.3 You should review their policies and terms before transacting with them.
12. Kapsule’s role (marketplace only)
12.1 Kapsule is a venue where Sellers list and sell products to Buyers.
12.2 The contract of sale is between the Buyer and the Seller, not with Kapsule.
12.3 Kapsule is not the Buyer’s or Seller’s agent, except as the Seller’s limited payments collection agent for remitting proceeds.
12.4 Sellers are responsible for their listings, fulfilment, compliance, and customer service.
12.5 To promote a safe experience, Kapsule may offer dispute assistance and Buyer protections under our Buyer Guarantee, in addition to rights under New Zealand law.
13. Disclaimer and liability
13.1 Kapsule is provided “as is” and “as available”. We do not warrant that the Website will be uninterrupted or error free, or that it is free of harmful components.
13.2 To the extent permitted by law, we exclude liability for:
- Losses not caused by our breach
- Business losses including loss of profits, revenue, contracts, data, goodwill, or anticipated savings
- Indirect or consequential losses
- Delays or failures outside our reasonable control
13.3 Nothing in these Terms limits rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
13.4 Where liability cannot be excluded, it is limited to the greater of NZD 100 or the fees (if any) you paid to us for the relevant Service in the 12 months before the event giving rise to the claim.
14. Applicable law and jurisdiction
14.1 These Conditions of Use are governed by the laws of New Zealand.
14.2 The parties submit to the non-exclusive jurisdiction of the New Zealand courts.
14.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. Changes to services
15.1 We may modify, suspend, or discontinue any part of Kapsule.
15.2 Where we make a materially adverse change, we will provide reasonable advance notice where practicable.
16. Amendments
16.1 We may amend these Conditions of Use by posting an updated version on the Website with a new “last updated” date.
16.2 Your continued use after changes are posted constitutes acceptance.
17. Severability
17.1 If any term is found invalid or unenforceable, the remaining terms remain in full force and effect.
18. Waiver
18.1 If we do not enforce a term, that is not a waiver of our rights to enforce it later.
19. Children
19.1 We do not permit purchases by children.
19.2 If you are under 18, you may use Kapsule only with the involvement of a parent or guardian.
20. Contact
20.1 For general enquiries, please contact us through the Website.
20.2 Address for service of notices:
One&Only Group Limited (Kapsule)
Suite 13063, Level 1, 6 Johnsonville Road
Johnsonville, Wellington, 6037, New Zealand
21. Online safety and reporting
21.1 You may report unsafe, prohibited, or infringing listings via the reporting tools on the Website or by contacting us.
21.2 Please review our Community Guidelines for using reviews and communications features.
Marketplace Transaction Terms (Buyer–Seller)
Last updated: 30 August 2025
These terms apply to transactions between Buyers and Sellers on Kapsule. Kapsule provides the marketplace platform only and is not a party to the sale contract.
1. Contract formation
1.1 A Buyer places an order with a Seller via Kapsule.
1.2 The Seller’s confirmation and subsequent dispatch of the order form the contract between Buyer and Seller.
1.3 Kapsule may provide order and dispatch notifications on behalf of the Seller.
2. Pricing, GST, and availability
2.1 Prices are set by Sellers and are shown in NZD, inclusive of GST where applicable.
2.2 Availability information is provided by Sellers.
2.3 If an item is unavailable, the Seller must notify the Buyer and cancel or adjust the order as appropriate.
3. Payment and invoicing
3.1 Kapsule may collect payments as the Seller’s limited payments collection agent and remit proceeds to the Seller, less applicable fees.
3.2 Electronic invoices or GST receipts (where applicable) are provided by the Seller.
4. Delivery estimates
4.1 Delivery estimates are provided by Sellers and are indicative unless expressly guaranteed by the Seller.
4.2 Sellers must dispatch within the timeframe advertised on the listing or a reasonable time.
5. Product information and safety
5.1 Unless expressly stated, Sellers are not the manufacturer.
5.2 Product information and packaging may change. Buyers should read labels, warnings, and instructions before use.
5.3 For health or safety concerns, Buyers should contact the manufacturer or the Seller.
5.4 Nothing on Kapsule is a substitute for professional advice, including medical advice.
6. Returns, refunds, and the Consumer Guarantees Act
6.1 Sellers must comply with the Consumer Guarantees Act 1993 and any stated Kapsule Buyer Guarantee.
6.2 Where products are faulty or not as described, Sellers must provide a remedy (repair, replacement, or refund) consistent with New Zealand law.
6.3 Change-of-mind returns are accepted at the Seller’s discretion, provided the policy is clearly stated in the listing.
6.4 Listings must specify who is responsible for return shipping.
6.5 Returns must follow the process set out in the listing or Seller store page.
6.6 Refunds are processed back to the original payment method through Kapsule where applicable.
7. Customs and import (for international orders)
7.1 If a Seller ships internationally, the Buyer may be the importer of record and responsible for duties, taxes, and compliance with local laws.
7.2 Cross-border shipments may be subject to inspection.
8. Sanctions and export
8.1 International orders must comply with applicable sanctions and export control laws.
8.2 Sellers are responsible for ensuring products can be lawfully supplied to the destination.
9. Disclaimer and liability
9.1 To the extent permitted by law, and without limiting Buyer rights under the Consumer Guarantees Act, neither Kapsule nor the Seller is liable for losses not caused by its breach, or for indirect or consequential loss.
9.2 Where liability cannot be excluded, the Seller’s liability is limited to the price paid for the relevant product and reasonable shipping costs (as applicable under New Zealand law).
10. Amendments
10.1 Kapsule may update these Marketplace Transaction Terms by posting an updated version.
10.2 The version in effect at the time of order applies to that order.
11. Children
11.1 Purchases must be made by adults.
11.2 If you are under 18, you may only purchase with the involvement of a parent or guardian.
12. Contact for transaction issues
12.1 For order issues, contact the Seller via Kapsule first.
12.2 If unresolved within a reasonable period (for example, 7 days), you may escalate to Kapsule Support for assistance under the Buyer Guarantee (if applicable).