Terms of Use

Introduction

These terms of use (“Terms”) govern your access and use of this website which is operated by Pitch Science ABN 24146552455 (“we”, “us”, or “our”).

By accessing and using this website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use this website.

We reserve our right to change these Terms at any time, without notice to you. When we change these Terms, we will also update the “Date of last update” at the bottom of these Terms. You should check this page occasionally to ensure you are familiar with any changes.

1. Intellectual property rights

a. All intellectual property rights (including copyright and trademarks) in the content and design of this website are owned by us.  

b. You may, for personal use only, print a copy of any part of this website to view it.

c. All other use, copying or reproduction of any part of this website is prohibited without our prior written approval. You may not use our intellectual property in any way, which includes republishing any text, image, design, or other property on another website.

d. You may not reproduce any part of our website, products, service materials, or related communications.

e. All paid and free resources available through Pitch Science are for personal use only. You may not:

• Re-sell or trade your access to the resource.
• Share the resource with anyone else who has not yet purchased it or opted in to receive it.
• Reprint or republish any of the resource, in part or in whole.
• Distribute any of the materials contained in the resource or related materials and/or communications as your own, otherwise known as stealing.
• Reproduce and tweak any part or whole of the resource for distribution as your own work.
• Claim ownership or use over any of our intellectual property without our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the resource (and its related communications and materials).
• Use our resources or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

f. Without in any way limiting our exclusive rights under copyright, any use of this website to “train” generative artificial intelligence (AI) technologies to generate text, images or other content is expressly prohibited.

g. If you wish to use, publish, or access any of our content, resources, or related materials, you must do so by requesting permission prior to commencing use of the same by emailing us.

2. Links

a. This website may provide links to other websites. We take no responsibility for the accuracy or currency of the information on those sites.

3. Your Contributions

a. ​By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission.

b. We may ask you to leave a rating and/or review of your purchase. If you choose to write a review, you must comply with the following guidelines:

• You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and
• You do not use any offensive language, such as profanity, hateful or racist speech; and
• Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and
• You have not used your purchase in an illegal way, or made any implied or express claims to the same; and
• You are not claiming any false or misleading statements; and
• You are not affiliated with or working for any site or company we deem a competitor, at our sole discretion; and
• You do not organise a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorised to do so.

We reserve the right to accept or reject your review at our sole discretion. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

4. Australian Consumer Law

a. Under the Australian Consumer Law:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

- to cancel your service contract with us; and

- to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

b. We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

c. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

d. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

e. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

f. If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

g. If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

5. Change of Mind

a. ​​We do not offer any refund if you simply change your mind, or find the same product or service cheaper elsewhere.

b. Due to the nature of the services and/or products provided, we cannot accept refunds for these items. 

c. In the case of promotional prices, we are not able to accommodate a price adjustment after your purchase.

6. Financial Considerations

a. All payments will be processed in Australian Dollars.

b. When you are completing checkout, you authorise us to charge your chosen payment provider for the total amount stated on your checkout cart screen. You agree to abide by the terms and conditions of your card issuer agreement and any other applicable third party agreement that may affect your purchase with us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, you agree to update your payment information in a timely manner so we can complete any outstanding orders and/or contact you as needed.

c. We reserve the right to change our prices for new purchases at any time.

f. ​​You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of our offerings. We reserve the right to present proof of your access and these Terms of Use to the financial institution investigating the dispute.

7.  Exceptions

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service you purchased if:

a. You misused the said product in a way which caused the problem.

b. You knew or were made aware of the problem(s) with the product or service before you purchased it.

c. You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

d. Any other exceptions apply under the Australian Consumer Law.

8. Liability

a. We are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of this website or its contents.

b. Our total liability to you for any claims arising out of or in connection with your use of this website or its contents under any statutory right that cannot be excluded is limited at our option to either the resupply of the relevant services or the payment of the cost of same.

9. Disclaimer

a. If you choose to use the website, you do so at your own sole risk.

b. We make no representation that anything offered through the website is available for use in other locations, or that it complies with laws and regulations of other locations.

c. We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis.

d. We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the website, or that this website is free of viruses or other harmful components.

e. ​You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our products and services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. Therefore, we cannot guarantee your success merely upon access or purchase of our products and services or related material(s).

10. Indemnity

a. To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this Website.

11. Privacy policy

a. We are committed to protecting your personal information. Please refer to our Privacy Policy which describes how we collect and manage your personal information. By agreeing to and accepting these Terms, you also agree to and accept the terms of our Privacy Policy.

12. Severability

a. If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

13. Waiver

a. Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

14. Termination

a. These Terms are effective until terminated by us, which we may do at any time and without prior notice to you.

b. Any rights or obligations that have accrued up to and including the date of termination will survive.

15. Governing law and jurisdiction

a. These Terms, and all related matters, shall be governed and interpreted by the laws of Western Australia.

b. Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of Western Australia.

16. Contact us

If you have any questions about these Terms, please contact us using the following email: [email protected]

We aim to process any requests for repairs, replacements or refunds within 30 days of having received them.

Date of last update: 6th November 2024