TERMS & CONDITIONS
PitchBox (Aust) Pty Ltd | ACN: 641 360 698
1. About the Website
1.1 Welcome to pitchbox.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase products and services that have been listed for sale through the website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the ‘Services’).
1.2 The Website is operated by PitchBox (Aust) Pty Ltd (ACN 641 360 698) herein referred to as PitchBox. Access to and use of the Website, or any of its associated Products or Services, is provided by PitchBox. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, Products or any of the Services, immediately.
1.3 PitchBox reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PitchBox updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PitchBox in the user interface.
3.1 PitchBox may refuse or cancel an order at any time for the following reasons, including but not limited to:
(a) Product or Service availability;
(b) Errors in the description or price of the Products;
(c) Error in your order; or
(d) At the discretion of PitchBox.
4. Registration to use the Services
4.1 In order to access the Services, you must first register for an account through the Website (the 'Account').
4.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) email address;
(b) mailing address;
(c) telephone number;
(e) first and last name; and
(f) date of birth.
4.3 You warrant that any information you give to PitchBox in the course of completing the registration process will always be accurate, correct and up to date.
4.4 Once you have completed the registration process, you will be a registered customer of the Website ('Customer') and agree to be bound by the Terms. As a Customer, you will be granted immediate access to the Services.
4.5 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with PitchBox; or;
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Product Services.
5. Your obligations as a Customer
5.1 As a Customer, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practises or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PitchBox of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of PitchBox providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of PitchBox;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by PitchBox for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6.1 Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:
(a) Credit Card Payment ('Credit Card').
6.2 All payments made in the course of your use of the Services are made using a third party platform. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the third party terms and conditions which are available on their website.
6.3 You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
6.4 You agree and acknowledge that PitchBox can vary the Services Fee at any time.
6.5 PitchBox also reserves the right to cancel an order in the event they suspect any type of fraud or an unauthorised or illegal transaction is suspected.
6.6 All currency referred to on the Website is in Australian Dollars ($AUD).
7.1 PitchBox's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products resupplied or amended if they fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
7.2 You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within thirty (30) days from the date of purchase (the 'Warranty Period').
7.3 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to PitchBox showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to PitchBox at PO Box 517, Paddington, Queensland 4064 or by email at email@example.com.
7.4 Where the Warranty Claim is accepted then PitchBox will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour.
7.5 The Warranty shall be the sole and exclusive warranty granted by PitchBox, and shall be the sole and exclusive remedy available to you in addition to other rights under law in relation to the Products to which this warranty relates.
7.6 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7.7 The Warranty does not apply to any appearance of the supplied Products, nor to the additional excluded items set forth below, nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
8. Refund Policy
8.1 If you decide not to proceed with an order after submitting it on the Website and purchasing the Services, you may request a refund of the Services Fee. A request for refund (the 'Refund') must be made within 90 days of the date of the order. You will not be entitled to a refund if PitchBox has commenced work on your order and/or delivered the Products.
8.2 Any third party fees that have been incurred and a 2% admin fee will be deducted from any Refund provided to you.
8.3 In the event you are not satisfied with the Products delivered, you may be entitled to a revision and/or resupply of the Products delivered.
8.4 Any requests for a Refund that are submitted 90 days after the order is submitted and accepted, will be denied.
9. Copyright and Intellectual Property
9.1 The Website, the Services and all of the related products of PitchBox are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by PitchBox or its contributors.
9.2 All trademarks, service marks and trade names are owned, registered and/or licensed by PitchBox, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Customer to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
9.3 PitchBox does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by PitchBox or its contributors.
9.4 PitchBox retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
9.5 You may not, without the prior written permission of PitchBox and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. General Disclaimer
11.1 The Products and Services provided by PitchBox are not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. PitchBox advises that you exercise caution and you are required to do your own due diligence in conducting any transactions through the Website.
11.2 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.3 PitchBox reserves the right to change or update the information provided on the Website and to correct any errors, inaccuracies or omissions at any time, without prior notice.
11.4 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) PitchBox will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.5 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind, except as otherwise indicated herein. None of the affiliates, directors, officers, employees, agents, contributors and licensors of PitchBox make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of PitchBox) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Products, or any of its Services related products (including third party material and advertisements on the Website) including any pricing, product images, specifications, availability and services;
(c) costs incurred as a result of you using the Website, the Services or any of the products of PitchBox; and
(d) the Services or operation in respect to links which are provided for your convenience.
12.1 PitchBox's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2 You expressly understand and agree that PitchBox, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3 PitchBox is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of PitchBox, by third parties or by any of the Services offered by PitchBox.
13. Termination of Contract
13.1 The Terms will continue to apply until terminated by either you or by PitchBox as set out below.
13.2 If you want to terminate the Terms, you may do so by:
(a) providing PitchBox with 30 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where PitchBox has made this option available to you.
13.3 Your notice should be sent, in writing, to PitchBox via the contact details provided on the Website.
13.4 PitchBox may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) PitchBox is required to do so by law;
(c) the partner with whom PitchBox offered the Services to you has terminated its relationship with PitchBox or ceased to offer the Services to you;
(d) PitchBox is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by PitchBox is, in the opinion of PitchBox, no longer commercially viable.
13.5 Subject to local applicable laws, PitchBox reserves the right to discontinue or cancel your Customership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts PitchBox's name or reputation or violates the rights of those of another party.
13.6 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and PitchBox have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1 You agree to indemnify PitchBox, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
This clause survives termination and expiration of your Customership, and applies to claims arising both before and after the registration ends.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5 Termination of Mediation
If two (2) weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. When you visit our Website
When you come to our Website, we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
18. Third-party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that PitchBox is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personal identifiable information
19. Governing Law
The Terms are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Dated: 15 March 2022