1. Terms of Website Use

The Terms of Use

Eco Shepherd Ltd owns and operates websites, including ecoshepherd.com and this site, Pitch It (Site). By using or accessing a Site you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use the Sites.

Ownership of the Sites and Content

Eco Shepherd Ltd owns the Site and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the Site. The material on the Site is protected by copyright under the laws of New Zealand (NZ) and may not be used without written permission by Pitch It. No trademark (whether registered or not) that is displayed on the Site may be used in any way without the prior written permission of Eco Shepherd or of the relevant trademark owner.

Revisions

Eco Shepherd may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. Your continued use of the Site thereafter constitutes your acceptance of any revised terms to the Site, these Terms of Use or the Terms of Purchase. If you do not agree to any revisions, then you must immediately stop using the Site. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Eco Shepherd provides the Site and its contents on an "as is" basis, and to the extent permitted by law, makes no representation as to the accuracy, completeness, currency or reliability of the information contained on the Sites. Again, to the extent permitted by law, Pitch It will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with the Site.

If your use of this website or its content is subject to the New Zealand Fair Trading Act 1986 ("FTA") and/or Consumer Guarantees Act 1993 ("CGA"), you may have rights or remedies which are not excluded or limited by the above. However, if you are using this website or its content for business purposes, are acquiring goods or services in trade through this website and are in trade yourself, then the above exclusions and limitations will still apply and you agree that the CGA will not apply. Similarly, if you are acquiring goods or services in trade through this website and you are in trade, then you agree to contract out of sections 9, 12A and 13 of the FTA.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Pitch It’s Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".

Responsible Use

You warrant that all information you provide to Pitch It will be true, accurate, current and complete, and you will promptly notify us of any updates to that information such that it remains accurate, current and complete.

You may access a Site for your personal use only.

You must not use a Site for any other purpose, including without limitation any:

• resale or commercial use of the Site or any Site Materials (defined above);
• modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site Materials, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser;
• copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
• the collection and use of any product listings or descriptions;
• making modifications to or other derivative uses of the Site and any Site Materials; or
• use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site.

Except as granted above, you are not granted any right or licence (by implication, estoppel, or otherwise) in or under a patent, trademark, copyright, database right or other intellectual property right belonging to Pitch It, Eco Shepherd or any third party.

You may not use any meta-tags or any other hidden text utilising any name, trademark, or product name of Pitch It without our prior written consent.

Without limiting our other rights, we may terminate your rights under these Terms or your use of or access to the Website or App at any time if you breach or permit any breach of these Terms.

In using a Site you must not:

• engage in or encourage a criminal offence;
• breach any applicable law or infringe the rights of any third party;
• impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, spy-on, interfere with, intercept or expropriate any system, programme, data or Personal Data held by Pitch it;
• inhibit any other person from using or enjoying a Site;
• interfere or disrupt the security of a Site or our servers; or
• attempt or permit any other person to do any of the above acts.

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2. Terms of Product Purchase

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Pitch It products appearing on the Sites. By completing the customer application process and purchasing products from the Sites, an agreement exists between you and Pitch It once Pitch it accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Pitch It if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Pitch it by selecting products and pressing the "Pre-Order now" button on the checkout page. Pitch It reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Pitch It at the time of successful transmission of the order, and you will thereafter be unable to cancel the order to the extent permitted by law. Currently, we only accept orders from New Zealand.

Payment

You must pay for your products ordered on the Site at the time of placing an order. We accept Mastercard and Visa.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Pitch Its Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Kmart’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.