Terms of Use - Shoppers

Binding Terms

By accessing and using:

(a) www.pitchme.nz (the Website); and
(b) the platform, products and services that may be accessed, purchased and used via the Website (the Platform), all shoppers and other users (Users) agree to be legally bound by these terms of use (Terms).

Use of the Website and Platform

User may only use the Website and Platform strictly in accordance with these Terms.

All rights not expressly granted to Users in these Terms are expressly reserved by Pitch Me Limited
(company number 3471154) (the Company).

Any User that does not agree to these Terms is not authorised to access and use the Website and
Platform and must immediately cease doing so.

Cancellation by the Company

The Company shall be entitled to cancel these Terms in respect of any User, by giving notice to that User (including via the Website and/or the Platform), if that User breaches any of these Terms.

User Information

Upon registering to use the Company's products and/or services via the Website and Platform, all Users
agree to:

(a) provide true, accurate, current and complete information about themselves as prompted by the Website or Platform (as applicable) (User Information); and
(b) promptly notify the Company, via the Website, of any changes to their User Information in
order to ensure that it remains true, accurate, current and complete.

Content

The Company shall not be liable for any content, warranties, representations, statements, services,
products or other information or data that is published (or authorised for publication) by the
Company or any third party (including sellers) on the Website and/or the Platform or on any other
social media (or other) platform.

The Company reserves the right to remove any content posted to the Website and/or the Platform that it considers (in its sole and absolute discretion) to be offensive, objectionable, that contains false,
incorrect, misleading or deceptive information (or potentially false, incorrect, misleading or
deceptive information) or that is otherwise unlawful in any respect.

Each User acknowledges and agrees that any information contained on or made available through the
Website and/or the Platform is not intended to be, and does not constitute, advice from the
Company or an endorsement of any kind.

The Company shall not be obliged to provide to any User any archive video or still footage after a
publication has been made, whether it is on the Website or any other social media or other
platform.

No Illegal Use

No User may use the Website and/or the Platform for any illegal purpose or any purpose not expressly
authorised in writing by the Company, or post any information or data that is in breach of any
confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal
rights of any person or entity.

No Malicious Use

Users must not use the Website and/or the Platform for any malicious means or abuse, harass, threaten,
intimidate or impersonate any person or entity.

Interference

Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website and/or the Platform.

Access

Users may only access the Website and Platform through standard means as approved in writing by the Company, and not via methods such as scraping, data mining, the use of a robot or spider,
automation or any similar method of extraction or monitoring.

Use by other Persons and Entities

Any person or entity that accesses and uses the Website and/or the Platform on behalf of or via another
User, including all directors, officers, employees, independent contractors, agents and/or representatives of any User that have been granted access by that User, irrevocably confirms that
he, she or it is fully authorised to do so by that User and agrees to these Terms in all respects.

Intellectual Property

All Users agree that the Company owns all of the intellectual property existing in respect of the Website
and the Platform (and all improvements to the same).

Warranties

The Website and Platform are provided on an “as is where is” basis, and accordingly all implied warranties and representations (whether under statute, common law or otherwise) that might apply to or otherwise arise out of these Terms are hereby expressly excluded by the Company to the fullest
extent permitted by law.

Indemnity

Each User hereby indemnifies, and will keep indemnified, the Company against all forms of liability,
actions, proceedings, demands, costs, charges and expenses which the Company may incur or be
subject to or suffer as a result of:

any breach of these Terms by the User; and that User's use of the Website and Platform.

Dispute Resolution

The following provisions shall apply to any dispute arising under or relating to these Terms (a Dispute)
between a User and the Company (together, the Disputing Parties and each a Disputing Party):

(a) The Disputing Parties must use reasonable endeavours to resolve any and all Disputes by negotiation at first instance.

(b) If the Disputing Parties cannot resolve their Dispute by negotiations within 30 calendar days a Disputing Party may, by written notice to the other, require that the Dispute be dealt with by mediation under the following terms:

The mediation shall be conducted in accordance with the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Incorporated (AMINZ) then in force (or any protocol or mediation agreement which replaces it).

The mediation shall be conducted by a mediator and at a fee agreed in writing by the
Disputing Parties. Failing agreement between the Disputing Parties within 14 calendar days of the giving of the notice requiring mediation, the mediator will be selected and his or her fee determined by the chairperson for the time being of AMINZ (or his or her nominee).

The mediation shall take place in Auckland, New Zealand at such address as determined by the mediator provided that any Disputing Party may, if permitted by the mediator, attend via telephone conference, video conference or any similar means of electronic, audio or audio-visual communication.
The costs of the mediation, excluding the Disputing Parties' own legal and preparation costs, will be shared equally by the Disputing Parties.

(c) No Disputing Party may initiate or commence court or arbitration proceedings relating to a
Dispute unless it has complied with the procedure set out in this clause 16 , provided that
application may still be made to the courts:

for interlocutory relief; or to recover a debt payable.

Amendments

The Company reserves the right to amend these Terms at any time by giving written notice to Users. Any User who continues to use the Website and/or the Platform after any amendments will be deemed
to have agreed to such amendments.

If a User does not agree with the amendments effected under clause 17.1 it may, within 7 calendar days of the amendments being notified by the Company, cancel these Terms in respect of that User by
giving written notice to the Company.

Changes to the Website and Platform

The Company is permitted (in its sole discretion) to alter the Website and/or the Platform, including all
content, format, features and functionality, with or without notice to Users and shall incur no liability
for doing so.

Branding

No User may publish or use the Company's trade marks, brand, branding or logos except with the
Company's prior written consent and directions as to such publication and use (which may be
given or withheld at its sole and absolute discretion).

Termination or Suspension of Account

Without limiting its rights under clause 4 of these Terms, if a User does not abide by these Terms the
Company may terminate or suspend that User's account or membership with the Company and
refuse to provide its products and/or services to that User (including access to the Platform) for any
reason and at any time.

Breakdown and Malfunctions

The Company will try to promptly address (during normal business hours) all technical issues that arise on the Website and Platform. However, the Company will not be liable for any loss or damage
suffered as a result of any partial or total breakdown of the Website and/or the Platform or any
technical malfunctions on it, the Website and/or the Platform being unavailable or performing
slowly, or any viruses or other forms of interference that may damage any User's computer system.

Privacy Policy

The Company's privacy policy (which can be viewed by clicking here) shall apply to all information, data or other content which is generated through each User's use of the Website and Platform.

Links

Unless expressly stated otherwise by the Company, any link on the Website and/or the Platform to other websites or Platforms does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services and/or the correctness, accuracy or truth of
any warranties, representations or statements made by any user of the Website and/or the Platform.

Foreign Use

The Company makes no representation or warranty that the Website and/or the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are
responsible for ensuring that their access to and use of the Website and Platform is not illegal or
prohibited in their relevant country.

No Waiver

The Company will not be deemed to have waived any right under these Terms unless the waiver is in
writing and signed by the Company. A failure to exercise or delay in exercising any right by the
Company under these Terms will not operate as a waiver of that right. Any such waiver will not
constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

Assignment

No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without the Company's prior written consent. The Company shall be entitled (in its sole and absolute
discretion) to assign and transfer any of its rights or obligations under these Terms, and the
consent of Users shall not be required for any such assignment or transfer.

Limitation of Liability

To the extent that the Company is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User’s use of or
reliance on the Website and/or the Platform), the Company's liability (whether arising in contract,
tort (including negligence) or otherwise) is limited to the maximum aggregate amount of NZ$100.

Exclusion

The Company shall not be liable in connection with these Terms for any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits (including
lost contracts with customers) or anticipated business or profits, loss of goodwill, loss of anticipated
savings or for any business interruption or that is otherwise too remote to be recoverable as damages for breach of contract at law.

Other Platforms

Each User agrees that these Terms will apply in respect of any social media or other platform or website
on which the Company and/or the Seller posts or shares any content hosted by the Website or
Platform.

Severability

If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will
remain valid and enforceable to the fullest extent permitted by law.

No contractual privity

Nothing in this agreement creates any contractual privity rights or third party beneficiary rights in any third party under Part 2, Subpart 1 of the CCLA or otherwise.

Each User acknowledges and agrees that the Company is not the vendor of any advertiser’s products or
services, whether published on the Website and/or the Platform or otherwise and nor is it an agent
of any advertiser.

Any purchase of products or services by a User (whether as a result of the User viewing the Website
and/or the Platform or otherwise) shall be and remain between the User and the vendor of those
products or services, not the Company.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users
and the Company irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand
for any matter arising under or relating to these Terms.

Interpretation

In these Terms, the following rules of interpretation apply:

References to persons include natural persons, companies and any other body corporates (wherever incorporated) and unincorporated bodies (wherever formed).

Headings have been inserted for convenience only and will not affect the interpretation of these
Terms.

References to clauses are to those in these Terms, except where specified otherwise.

References to the words including, include or similar words do not imply any limitation and are
deemed to have the words without limitation following them.

References to a statute or statutory provision means a New Zealand statute or statutory provision as amended, consolidated and/or replaced from time to time.

A gender includes each other gender and the singular includes the plural and vice versa.

An obligation not to do anything includes an obligation not to suffer, permit or cause that thing to
be done.

References to intellectual property means all intellectual property, proprietary and industrial rights of any nature (whether existing in statute, at common law or in equity).

References to any content, warranties, representations, statements, information, facts, data and details of or from the User include its oral or written form of presentation.

Derivations of any defined word or term shall have a corresponding meaning.

No rule of construction (including the contra proferentem rule applies to the disadvantage of a party because that party (or its relevant advisor) was responsible for the drafting of these
Terms.