Terms of Use

These Terms of Use (“Terms”) govern your access to and use of TCG Tracker's website, Telegram bot and notification services (the “ Service”). Please read them carefully. By creating an account or using the Service, you agree to these Terms.

The Service is operated by TCG Tracker(“we”, “us”, “our”). If you do not agree to these Terms, do not use the Service.

1. What the Service is

TCG Tracker is an independent stock-intelligence and notification tool. We monitor publicly available listings from third-party New Zealand retailers for sealed trading-card products (such as Pokémon and One Piece) and send you alerts when we detect that stock has appeared or changed. We are an information service only: we do not sell, supply, reserve, or fulfil any product, and we are not a party to any transaction between you and a retailer.

We are independent and not affiliated with, endorsed by, or sponsored byany retailer, publisher or rights holder. All product names, brands and trademarks (including Pokémon, One Piece and related marks) are the property of their respective owners and are used for identification and descriptive purposes only.

2. Eligibility & your account

• You must be at least 16 years old and able to form a binding contract to use the Service.
• You must provide accurate information and keep your account details up to date.
• You are responsible for activity under your account and for keeping your login and connected channels (such as Telegram) secure. Notify us promptly of any unauthorised use.
• Accounts are for your personal use and may not be shared, resold or transferred.

3. Subscriptions, plans & billing

• The Service offers a free tier and paid tiers (such as Pro and Max), which provide faster alert delivery and additional features. Plan details and prices are shown on our pricing page and are in New Zealand dollars (NZD), inclusive of GST where applicable.
• Paid plans are recurring subscriptions billed in advance on a monthly or annual basis through our payment provider, Stripe. By subscribing, you authorise us (via Stripe) to charge your payment method on each renewal until you cancel.
• Auto-renewal & cancellation. Subscriptions renew automatically at the end of each billing period. You may cancel at any time from your account; cancellation stops future renewals, and you retain paid access until the end of the current billing period.
• Price changes. We may change plans, features or prices. We will give you reasonable advance notice of price changes affecting your subscription, and they will take effect at your next renewal. Continuing after a change takes effect means you accept the new price.

4. Refunds

Except where required by law, fees are non-refundable and we do not provide refunds, credits or pro-rated amounts for partial billing periods, unused time, downtime, or alerts that are delayed, missed, inaccurate or that did not result in a successful purchase. Because alert speed and data availability depend on third parties outside our control, these outcomes are not grounds for a refund.

Nothing in these Terms limits or excludes rights you have that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 or Fair Trading Act 1986. If you are a consumer under those Acts and we fail to meet a guarantee that applies, you may be entitled to a remedy as set out in the relevant Act. If you believe you are entitled to a refund, contact us at kizmetsol@proton.me and we will consider your request in good faith.

5. No guarantee of accuracy, availability or outcome

We work hard to keep our data accurate and as fresh as possible, but the Service depends on third-party retailer websites and systems that we do not control. You acknowledge and agree that:

• stock information may be incomplete, delayed, out of date, or inaccurate, and a product may sell out, change price, or become unavailable before, during or after you receive an alert;
• alert-speed tiers (for example approximate delivery windows for Free, Pro and Max) are targets, not guarantees, and actual timing will vary;
• monitoring may be interrupted, degraded or delayed for reasons including retailer site changes, rate-limiting or blocking, third-party or network outages, maintenance, or events beyond our reasonable control;
• we do not guarantee that you will be able to view, add to cart, reserve, purchase or receive any product, or obtain any particular price; and
• the Service is provided for general information only and is not financial, investment, or professional advice. Purchasing decisions are your own.

The Service is provided on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted, error-free, or that any defect will be corrected.

6. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in breach of any third party's terms or rights;
• scrape, copy, resell, redistribute or commercially exploit the Service or its data without our written permission;
• interfere with, overload, disrupt or attempt to gain unauthorised access to the Service or its infrastructure;
• reverse engineer, decompile or attempt to extract source code, except as permitted by law;
• circumvent usage limits, access controls or tier restrictions; or
• use automated means to abuse the Service, or use it in a way that harms us, other users, retailers, or third parties.

You must also comply with the terms of any third-party platform you use to access the Service (such as Telegram).

7. Intellectual property

The Service, including its software, design, branding, text and original content, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose in accordance with these Terms. All rights not expressly granted are reserved.

8. Third-party services & links

The Service relies on and links to third-party services and websites (including Telegram, Stripe and retailer sites). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, their availability, or any content, products, pricing or actions of retailers.

9. Limitation of liability

To the maximum extent permitted by law, and subject to section 4 above (your non-excludable consumer rights):

• we will not be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, opportunity, data, goodwill, or the inability to purchase or secure any product, however arising;
• our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of (a) the total fees you paid to us for the Service in the three (3) months immediately before the event giving rise to the liability, or (b) NZD $50; and
• we are not liable for any failure or delay caused by events beyond our reasonable control (force majeure), including third-party outages, retailer changes, or internet failures.

If you are acquiring the Service for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 43 of that Act.

10. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, liabilities and reasonable costs (including legal costs) arising from your misuse of the Service, your breach of these Terms, or your violation of any law or third-party right.

11. Suspension & termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. We may also modify or discontinue the Service, or any part of it, at any time. Where reasonable, we will give notice. Sections that by their nature should survive termination (including sections 4, 5, 7, 9, 10 and 12) will survive.

12. Governing law & disputes

These Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts. Before commencing any formal proceedings, you agree to first contact us so we can try to resolve the matter in good faith.

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and revise the “Last updated” date above, and notify you of material changes where appropriate. Continued use of the Service after changes take effect means you accept the updated Terms.

14. General

• Severability. If any provision is found unenforceable, the rest of the Terms remain in effect.
• No waiver. Our failure to enforce a right is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a reorganisation, merger or sale.
• Entire agreement. These Terms and our Privacy Policy form the entire agreement between you and us regarding the Service.

15. Contact

Questions about these Terms? Contact us at kizmetsol@proton.me.