Chocka Terms & Conditions

1. Who this agreement is between

This agreement is between Magnetar Group Limited, trading as Chocka (NZBN 9429053576446), of 6 Heke St, Ngaio, Wellington 6035, New Zealand ("Chocka", "we", "us") and the business that creates and operates a site on the platform ("you", the "Tenant"). By creating a site you confirm you are authorised to bind that business and you accept these terms.

Chocka provides the software, hosting and payment rails. You run your own business on it. We are not a party to the bookings, memberships or payments between you and your customers — those are directly between you and them.

2. The service

Chocka is a self-serve booking platform for capacity-limited sessions — classes, courses, passes, workshops and events. You get your own branded site, your own customer list, and payments settled to your own connected payment account.

• We grant you a non-exclusive, non-transferable right to use the platform to operate your business for as long as this agreement is in force.
• We may improve, change or withdraw features. We will not remove a feature core to a plan you are paying for without reasonable notice.
• We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be notified where practical.

3. Your responsibilities

• Keep your account credentials secure and ensure everyone you give admin access to complies with these terms.
• Provide accurate business and contact details and keep them current.
• Be responsible for your own content — session descriptions, pricing, policies, imagery and any waivers or terms you present to your customers — and for its lawfulness.
• Deliver the sessions your customers book and pay for, and handle your own cancellations, refunds and disputes fairly and lawfully.
• Comply with the Privacy Act 2020 as the agency that collects your customers' personal information (see Schedule 1).
• Not use the platform for anything unlawful, or to send unlawful marketing (the Unsolicited Electronic Messages Act 2007 applies to messages you send your customers).

4. Payments, fees and plans

Customer payments are processed through your own connected payment provider and settle to you, less that provider's processing fees. Chocka does not hold your customers' money.

• Your plan sets what you pay Chocka. On flat plans, Chocka charges no percentage platform fee on your takings; on the free plan, Chocka takes a platform fee on transactions where the payment provider supports it. Current pricing is on the pricing page.
• Subscription fees are billed in advance and are non-refundable except where required by law. You can change or cancel your plan self-serve; changes take effect as described at the point of change.
• You are responsible for your own tax obligations, including GST on your sales to your customers.

5. Data and privacy

Personal information your customers give through your site is collected for you, the Tenant. You decide why it is collected and how it is used; Chocka processes it on your behalf and under your instructions. The full terms are in Schedule 1 (Data Processing Agreement). How Chocka handles personal information in its own right is set out in the Privacy Policy.

6. Intellectual property

Chocka and its underlying software remain ours. Your brand, content and customer data remain yours. You grant us the limited licence to host and process your content only as needed to provide the service.

7. Liability

To the extent permitted by law, Chocka is not liable for indirect or consequential loss, or for loss arising from your customers' conduct, your own content, or a payment provider's acts. Nothing in these terms limits rights that cannot be excluded by law. Where you acquire the service for business purposes, the Consumer Guarantees Act 1993 is contracted out of to the extent it is fair and reasonable to do so.

Our total aggregate liability in any 12-month period is limited to the total fees you paid Chocka in that period — including subscription fees and any platform fees deducted from your transactions — or [minimum liability cap — amount TBC with legal], whichever is greater.

8. Suspension and termination

• You may stop using the platform and close your site at any time.
• We may suspend or terminate a site that breaches these terms, creates a security or legal risk, or is used unlawfully — with notice where practical, immediately where necessary.
• On termination you can export your data for a reasonable period; after that we may delete it, subject to the retention rule in Schedule 1.

9. General

We may update these terms; material changes will be notified and take effect on the stated date. This agreement is governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction. Questions: hello@chocka.co.nz.

Schedule 1 — Data Processing Agreement

This Schedule governs personal information that Chocka processes on your behalf when your customers use your site. It forms part of these terms. Terms used here have the meanings given in the Privacy Act 2020.

Who is the collecting agency

You (the Tenant) are the agency that collects your customers' personal information under the Privacy Act 2020. It is collected from your customers, for your purposes, in the course of your relationship with them. You are responsible for meeting the Information Privacy Principles (IPPs) in relation to that information — including telling your customers why you collect it (IPP 3) and only using it for those purposes (IPP 10).

Chocka acts as your agent: we hold and process the information on your behalf and on your instructions. Under section 11 of the Privacy Act 2020, information we hold solely as your agent is treated as held by you, not by us, and we do not use or disclose it for our own purposes.

Chocka's obligations as processor

• Process customer personal information only to provide the platform to you and on your documented instructions (these terms are those instructions), except where the law requires otherwise.
• Keep it secure with reasonable safeguards (IPP 5) — encryption in transit, access controls, and tenant isolation designed and enforced at the database layer so that one Tenant cannot read another's data.
• Not use it to build our own marketing lists or sell it, and not disclose it except to sub-processors listed below or as the law requires.
• Help you respond to a customer's request to access or correct their information (IPPs 6 and 7) by giving you the tools to view, export and edit it.
• Notify you without undue delay if we become aware of a privacy breach affecting your customers' information, so you can meet your notifiable-breach duties under Part 6 of the Act.
• Return or delete customer personal information when this agreement ends, subject to the retention rule below.

Sub-processors

Chocka uses infrastructure and service providers to run the platform — currently hosting/database (Supabase), application hosting (Vercel), email delivery (Resend), and the payment provider you connect. We remain responsible for their handling of the information. The current list is the one in this Schedule; we will keep it up to date and give reasonable notice of a new sub-processor that materially affects your customers' data.

Overseas storage

Some sub-processors may store or process information outside New Zealand. Where they do, we take reasonable steps consistent with IPP 12 so the information remains subject to comparable protections. You should reflect this in your own privacy notice to your customers.

Retention vs. erasure of executed agreements

Where a customer has accepted a waiver, terms or other agreement through the platform, the record of that acceptance — the exact version of the text shown, the person's typed name, the timestamp and the IP address — is an executed legal record. We and you may lawfully retain that record even after a customer asks for their information to be deleted, because it may be needed to establish or defend a legal claim. This is consistent with IPP 9 (don't keep information longer than needed) read with the limitation periods for contract and other claims.

• Retained on erasure: the minimum record proving which agreement was accepted, by whom, when — kept for [retention period — confirm with legal; 6 years suggested, per the Limitation Act 2010] after the relationship ends.
• Erased on request: personal information not needed for that record — profile, contact details, booking history — once there is no other lawful basis to keep it.
• Versions and acceptance records are never mutated. Correcting an error means publishing a new version, not editing an executed one.

You must state this retention-vs-erasure rule in the privacy notice you give your own customers. Chocka's own handling is described in the Privacy Policy.