Terms of Service

Last Updated: January 2025

1. Agreement to Terms

By accessing or using Evangeler ("Service"), operated by Evangeler Limited, a company registered in New Zealand, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. Description of Service

Evangeler is an affiliate marketing platform that enables:

  • Businesses ("Merchants") to create and manage affiliate programs
  • Individuals or entities ("Affiliates") to promote merchant products and earn commissions
  • Tracking of referrals, conversions, and commission payouts
  • Management of promotional materials and tracking links

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts under New Zealand law to use this Service.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use of your account

4. Service Fees and Payment Terms

4.1 Subscription Fees

The Service is provided at NZ$9.00 per month (excluding GST where applicable). Fees are subject to change with 30 days' notice.

4.2 Billing

  • Subscription fees are billed monthly in advance
  • All fees are non-refundable except as required by New Zealand consumer protection laws
  • GST will be added to all fees for New Zealand-based customers

4.3 Commission Payments

Merchants are solely responsible for paying commissions to their Affiliates. Evangeler facilitates tracking and reporting but does not handle commission payments directly.

5. Acceptable Use Policy

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any New Zealand laws
  • Promote products or services that are illegal, fraudulent, or misleading
  • Engage in spam, unsolicited marketing, or deceptive practices
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use automated systems or software to extract data from the Service without permission
  • Violate the Fair Trading Act 1986 or Commerce Act 1986
  • Infringe on any intellectual property rights

6. Intellectual Property

6.1 Service Content

All content, features, and functionality of the Service are owned by Evangeler Limited and are protected by New Zealand and international copyright, trademark, and other intellectual property laws.

6.2 User Content

You retain ownership of content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content in connection with operating the Service.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which complies with the Privacy Act 2020 of New Zealand. By using the Service, you consent to the collection and use of information as detailed in the Privacy Policy.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee uninterrupted or error-free service.

8.2 Limitation of Liability

To the maximum extent permitted by New Zealand law, Evangeler Limited shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or business opportunities
  • Disputes between Merchants and Affiliates
  • Actions of third parties using the Service

Our total liability shall not exceed the amount paid by you to us in the 12 months preceding the claim.

8.3 Consumer Guarantees Act

Nothing in these Terms excludes or limits rights under the Consumer Guarantees Act 1993 where applicable.

9. Indemnification

You agree to indemnify and hold harmless Evangeler Limited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your breach of these Terms
  • Your violation of any law or rights of third parties
  • Content you submit to the Service
  • Your affiliate marketing activities

10. Termination

10.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

10.2 Termination by Us

We reserve the right to suspend or terminate your account immediately for:

  • Violation of these Terms
  • Fraudulent or illegal activities
  • Non-payment of fees
  • Actions that harm other users or our reputation

11. Dispute Resolution

11.1 Negotiation

Parties agree to attempt to resolve disputes through good faith negotiation before pursuing formal proceedings.

11.2 Disputes Tribunal

Small claims may be brought before the Disputes Tribunal of New Zealand where applicable.

11.3 Jurisdiction

These Terms are governed by the laws of New Zealand. Any disputes not resolved through negotiation or the Disputes Tribunal shall be subject to the exclusive jurisdiction of the New Zealand courts.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Compliance with New Zealand Laws

Users must comply with all applicable New Zealand laws including but not limited to:

  • Fair Trading Act 1986
  • Commerce Act 1986
  • Privacy Act 2020
  • Unsolicited Electronic Messages Act 2007
  • Consumer Guarantees Act 1993
  • Goods and Services Tax Act 1985

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, or acts of civil or military authorities.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Evangeler Limited regarding the use of the Service.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid under New Zealand law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Contact Information

For questions about these Terms, please contact us at:

Evangeler Limited
Email: [email protected]
New Zealand