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Kapsule

Intellectual Property & Takedown Policy

Last updated: 24 March 2026 · Version: 1.0

Operator:Kapsule Group Limited (“Kapsule”, “we”, “us”, “our”)

Kapsule respects intellectual property rights and expects all Sellers and users of our platform to do the same. This policy describes our procedure for handling reports of copyright or trade mark infringement on the Kapsule marketplace, in accordance with New Zealand’s Copyright Act 1994 and the Trade Marks Act 2002.

We also refer Sellers and users to the more general intellectual property provisions in our Conditions of Use, Seller Policy, and Prohibited Items Policy.

1. Overview

1.1 If you are a copyright owner, trade mark owner, or their authorised representative, and you believe that content or a product listing on Kapsule infringes your intellectual property rights, you may submit a takedown notice to us as described in this policy.

1.2 This policy applies to:

  • Copyright infringement (e.g., unauthorised use of images, text, video, software, or other creative works)
  • Trade mark infringement (e.g., listings using a registered trade mark without authorisation or selling counterfeit goods)
  • Design right infringement (e.g., copying of registered product designs)

1.3 Submitting a false or misleading takedown notice may result in legal liability and account termination. Only submit a notice if you have a genuine, good-faith belief that infringement is occurring.

2. How to Submit a Takedown Notice

Contact Details

2.1 Send takedown notices to our designated IP contact:

Email: [email protected]
Subject:“IP Takedown Notice – [brief description]”

Required Information

2.2 A valid takedown notice must include all of the following:

  • Your identity: Your full name (or the name of the rights holder if you are acting as their representative), postal address, email address, and phone number
  • IP ownership or authorisation: Evidence or description of your ownership of the intellectual property right, or your authorisation to act on behalf of the rights owner
  • Description of the IP: Identification of the copyrighted work, trade mark, or other intellectual property right you claim has been infringed (e.g., registration number, description of the work, a copy of the work)
  • URL(s) of infringing content: The specific URL(s) or product listing page(s) on Kapsule containing the allegedly infringing content
  • Good faith statement: A statement that you have a good faith belief that the use of the material is not authorised by the intellectual property owner, its agent, or applicable law
  • Accuracy statement: A statement that the information in your notice is accurate
  • Signature: Your physical or electronic signature (or that of the authorised representative)

2.3 Incomplete notices may result in delays. We recommend using the checklist above to ensure your notice is complete before submitting.

3. Kapsule’s Response

3.1 Upon receiving a complete and valid takedown notice, we will:

  • Acknowledge receipt of the notice within 2 business days
  • Review the notice and assess whether the content is prima facie infringing
  • Where appropriate, remove or disable access to the allegedly infringing content while the matter is investigated
  • Notify the Seller or user who posted the content that a takedown notice has been received (we may provide a copy of the notice to the Seller)
  • Inform both parties of the outcome of our review

3.2 We aim to complete our initial review within 5 business days of receiving a complete notice. Complex matters may take longer.

3.3 We may require the Seller to provide proof of authorisation, authenticity, or other documentation before making a final decision.

4. Counter-Notice Process

4.1 If a Seller believes their content or listing was removed in error (e.g., their use of the material is authorised, or the takedown notice was false or mistaken), they may submit a counter-notice.

4.2 A valid counter-notice must be sent to [email protected] and must include:

  • Your full name, address, email, and phone number
  • Identification of the content that was removed and its location before removal
  • A statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification
  • Your consent to the jurisdiction of the New Zealand courts
  • Your signature

4.3 Upon receipt of a valid counter-notice, we will forward a copy to the complainant. If the complainant does not notify us of court proceedings within 10 business days, we may restore the removed content at our discretion.

4.4 Restoration of content does not constitute a determination that no infringement occurred. Both parties retain the right to pursue legal remedies.

5. Repeat Infringer Policy

5.1 Kapsule operates a three-strikes policy for Sellers who repeatedly infringe intellectual property rights:

  • First infringement (confirmed): Warning issued and infringing content removed. Seller educated on IP obligations.
  • Second infringement (confirmed): Formal warning issued, content removed, and temporary account restrictions applied. Seller required to provide written undertaking of compliance.
  • Third infringement (confirmed): Account suspended or permanently terminated. Funds may be withheld pending resolution of any outstanding claims.

5.2 Serious or egregious infringements (such as selling counterfeit goods at scale) may result in immediate account termination without prior warnings.

5.3 Infringement strikes are recorded against the account and may be considered in future decisions about the account. Appeals may be submitted using our Complaints Procedure.

6.1This policy is designed to align with New Zealand’s intellectual property laws, including:

  • Copyright Act 1994– governs copyright in original works, including literary, artistic, musical, dramatic, and cinematographic works, sound recordings, and software
  • Trade Marks Act 2002– governs the registration and protection of trade marks in New Zealand
  • Designs Act 1953– governs registered design rights
  • Patents Act 2013– governs patent rights
  • Fair Trading Act 1986– prohibits misleading or deceptive conduct, including passing off

6.2 Nothing in this policy limits any rights or remedies available to IP owners under applicable New Zealand law or international treaties to which New Zealand is a party.

Contact

For all intellectual property and takedown matters:

Email: [email protected]

Postal Address:
Legal Team
Kapsule Group Limited (Kapsule)
Suite 13063, Level 1
6 Johnsonville Road
Johnsonville, Wellington, 6037
New Zealand

For general support enquiries: [email protected]