TERMS & CONDITIONS SUMMARY

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* Please read these terms and conditions carefully before using the site.

* For the Terms of Use (EULA) for our applications Spray Rates, PD Altitude, AgPilot and PD Altitude Plus,  please refer also to Apple's Standard Licensed Application End Use Agreement.

* For the Terms of Use (EULA) for our applications  Spray Rates, PD Altitude and AgPilot please refer also to Google Play Store Terms of Service.

* These terms and conditions shall apply to your use of pitchlinks.co.nz (“Pitchlinks
Websites”) and the associated Pitchlinks Apps (current apps are 'PD Altitude', PD Altitude Plus, ‘Spray Rates’ and 'AgPilot' (together, “PitchLinks”).

* By using PitchLinks, posting reviews or comments, entering competitions, signing up to receive our emails or creating a PitchLinks member profile, you agree to the following terms. If you do not wish to be bound by these terms and conditions you should not use PitchLinks. We recommend that you print a copy of these terms for future reference.

* We may change these terms and conditions from time to time, so you should check these regularly. We will state the date that these terms and conditions were last updated on this page. Your use of PitchLinks will be deemed acceptance of the terms existing at that time.

* These terms and conditions refer to our Privacy and Cookies Notice, which also applies to your
use of PitchLinks


* These Terms & Conditions were last updated on 19th March 2024.

 

1. WHO WE ARE AND WHAT WE DO 

a. PitchLinks is operated by PitchLinks Limited. (“We/Us”). We are registered in New Zealand under company number 7445016 and have our registered office and main trading address in Opaki, New Zealand.

b. PitchLinks staff provide helicopter flight training and commercial pilot operations in the Wairarapa as well as mobile application software development.

2. HOW TO CONTACT US

To contact us, please email [email protected]

3. ACCEPTABLE USE POLICY

By using PitchLinks, you accept the following conditions:

a. You accept sole responsibility for all your activity on PitchLinks including the content of reviews, comments and membership profile entries posted by you.

b. You will treat other PitchLinks members with respect.

c. When using PitchLinks you agree not to:

i. Breach any laws, infringe on a third party's rights (including but not limited to any libel, copyright or trademark law), or breach these Terms and Conditions.

ii. Use PitchLinks to harass or threaten anyone or spread untruths about other people, to intentionally behave in such a manner as to cause upset and/or offense to other people, use hateful and discriminatory language.

iii. Post or transmit through PitchLinks any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience.

iv. Express opinions that are vulgar, crude, sexist, racist, unproven or unfounded allegations (especially of wrongdoing) or otherwise offensive.

v. Impersonate someone else or claim the identity of a person who is not you, claim authorship over content that was not created by you, or post content that you are not the author of, or do not have permission from the original author to post.

vi. Hack into any part of this website, or post or transmit any information or software containing a virus, work, Trojan horse, or other damaging or destructive component.

vii. Advertise or promote goods and services, or use the website in any way that associates with or propagates spam or any other activity causing disruption of network services and/or annoyance and
frustration to other people using the service.

viii. Post or upload any personal information belonging either to you or another person, such as name, address, phone number, email address.

ix. Post or otherwise make available on PitchLinks any material which you do not own without the express permission of the owner of the material.

x. Copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever any material on PitchLinks except as is strictly necessary for your own personal non-commercial home use.

xi. Access PitchLinks by automated means or otherwise for the purpose of scraping, extracting or otherwise obtaining any material from PitchLinks for use within a third-party website or application.

xii. Do anything that affects the operability or security of PitchLinks or causes unreasonable inconvenience or offence or disruption to our staff.

4. USER CONTENT

a. Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out
in our Acceptable User Policy.

b. Comments, ratings or reviews posted by you, the user, may be published on PitchLinks products.

c. Any content you upload or post to PitchLinks will be considered non-confidential and non-proprietary. You retain all your ownership
rights in your content, but by uploading or posting content you agree to grant us, our licensors, assigns and other users of our site the rights referred to
below in the Intellectual Property section of these terms and conditions.

d. You accept sole responsibility for all your activity on PitchLinks including the content of reviews, comments and membership profile entries posted by you.

e. We reserve the right to remove content from the website which violates these terms and conditions or that we deem otherwise inappropriate without notice, for any reason, at any time.

f. We reserve the right to block, or ban individuals who violate these terms without notice, especially in the case where there is evidence that the same individual is repeatedly and willfully engaging in
disruptive behavior or breaching our Acceptable User Policy.

5. EMAIL SIGN-UP AND MEMBER PROFILE TERMS

a. Signing up refers to either signing up to receive the PitchLinks email or creating a Member profile on PitchLinks.

b. By signing up you agree to:

i. to be bound by the Terms & Conditions on this page;

ii. to receive email communications from us (these will come in the form of newsletters or notes from sponsors, and email notifications).

c. You can unsubscribe from email communications at any time.

d. You can request your profile or subscription be removed at any time.

e. Any details you provide in signing up shall remain
private, kept secure and not shared with any third party. This information will only be used to send more relevant communications. Please see our full Privacy Policy.

f. You must treat your member profile log-in details as confidential and you must not disclose it to any third party. If you know or suspect that anyone other than you knows your member profile log-in details,
you must promptly notify us by using our Contact PitchLinks form.

g. We have the right to immediately disable or terminate any subscriptions or memberships in the event of any conduct by you which we, in our reasonable opinion and sole discretion, consider to be unacceptable, or in the event of a failure by you to comply with any of these terms.

6. LIABILITY FOR AND INFORMATION PROVIDED ON PITCHLINKS

a. PitchLinks is provided and distributed on an “as-is” basis, with no representations, guarantees or warranty of any kind, either express, or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. We do not promise that the material or any of the functions contained in PitchLinks will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material. You acknowledge that use of the service is at your sole risk.

b. We do our best to ensure all information is accurate but neither PitchLinks nor any advertiser or associate accepts liability for information made available on PitchLinks that may be inaccurate, or for any content uploaded or posted by members.

c. You accept all risk and liability for all information that you retrieve or use from this website or our applications and all comments and reviews posted to this website. If you have any claim arising from the actions or statements of another member, you agree to pursue such a claim only against that user and not against us.

d PitchLinks does not operate monetary transactions. We will never ask for your credit card or payment details. (All transactions are through the Apple App Store)

e. PitchLinks contains links to other websites and resources provided by third parties. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from therm. We have no control over the contents of those sites or resources and are not responsible or liable in any way for the availability and content of these services.

f. We will not be responsible or liable to you for any other loss or damage that you or any third party may suffer as a result of or in connection with your use of PitchLinks.

7. INTELLECTUAL PROPERTY

a. All copyright, trade marks and other intellectual property rights in PitchLinks and all materials or content supplied as part of PitchLinks shall remain at all times vested in us or our licensors.

b. You will not assist or facilitate any third party to copy, reproduce, distribute, frame, publish, transmit, commercially exploit or create derivative works of such material or content. (If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.)

c. You acknowledge that by uploading to or posting materials on PitchLinks you grant us, our licensors, assigns and other users of our site an irrevocable, perpetual, royalty free, worldwide license to use the materials both within PitchLinks and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise  transmitting, and adapting and editing the  materials.

d. "PitchLinks.co.nz", "Gone Spraying", "Gone Ferting", "Spray Rates", "PD Altitude", "PD Altitude Plus", and its logos are our trademarks. All rights in respect of this trademark are expressly reserved and you are not permitted to use them without our written approval. Unless otherwise indicated,
all other trademarks appearing on the site are the property of their respective owners.

e. PitchLinks complies with relevant copyright laws. Should we receive a claim of infringement, we will review it and remove any content which is in violation of these laws.

8. WE MAY MAKE CHANGES TO PITCHLINKS

PitchLinks is made available free of charge or through a subscription. We do not guarantee that PitchLinks, or any content on it will always be available or uninterrupted. We may change, suspend, or discontinue any part of PitchLinks at any time, including the availability of any feature, service, content or data for business and operational reasons. We reserve the right to restrict access, or
impose limits on any aspect of the service without notice or liability.

9. GOVERNING LAW

a. If you are using PitchLinks.co.nz or the PitchLinks apps, Spray Rates , Gone Spraying, PD Altitude, Spray Rates downloaded via the Apple App store, these terms and conditions are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of those respective courts.

10. INVALIDITY

If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

11. THIRD PARTY RIGHTS

These terms and conditions apply between us and you. No other person is entitled to benefit under these terms and conditions.

12. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens.

13. INDEMNITY

To the maximum extent permitted by law, you agree to indemnify and hold PitchLinks and its affiliates, officers, directors, employees and third party service providers, harmless from any and all claims, damages, costs, expenses (including legal fees) and liabilities arising out of any breach of these terms and conditions by your or relating to your use of PitchLinks.

14. PRIVACY

You acknowledge that you have read and understood PitchLinks Privacy Policy.