Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING PITCHSOCIAL

Last updated:  April 2021

Introduction

These terms tell you the rules for using Pitchsocial, either by using our website or app. Together, our website and app are all referred to in these terms as our site and app.

By using our site and app, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site, app or services.

1. IMPORTANT INFORMATION AND WHO WE ARE

Our site and app are operated by Pitchsocial Ltd ("We"). We are a limited company. We are registered in England and Wales under company number 13057707 and have our registered office at 15 Thistle Way, Red Lodge, Bury St Edmonds, England, IP28 8FP.

Our VAT number is

 

To contact us, please email hello@pitchsocial.io, or write to us. 

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site and app:

  • Our Privacy Policy which can be seen by clicking here 

  • Our Cookie Policy which sets out information about the cookies on our site and app, this can be seen by clicking here 

 

We may make changes to these terms

We reserve the right to amend these terms from time to time. Every time you wish to use our site and app and apps, please check these terms to ensure you understand the terms that apply at that time. We do not accept responsibility if you fail to note amended terms.

2. CHANGES TO OUR SITE AND APP

We may make changes to our site and app

We may update and change our site and app from time to time to reflect changes to our service offering, users' needs and our business priorities.  We also reserve the right to suspend or withdraw our app or service offering.  We do not guarantee that our site, service and app will always be available or be uninterrupted.  We will use our best endeavours to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access our site, services and app through your internet connection and business use are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

3. CONTENT

We introduce people based on their business alignment and interest whether that be commercial buyers/sellers or investors/entrepreneurs. Our service is a monthly subscription hosting 30 second videos.  If a person or corporate, upon viewing, can see an alignment of services, they can open the pitch for further information.  If at that stage they wish to enter further discussion, they can ‘click match’ to allow conversation and to share a virtual business card.  Our service is therefore limited to the hosting of pitches and maintaining the site for matches to be made. 

It is not intended for any party to rely upon the validity of the services pitched, the accuracy of statements made or their corporate standing or financial viability.  We do not endorse any of the participating parties.  Any party using the app should ensure that they undertake their own Due Diligence on any potential buyer/seller/investor.  

 

The views expressed by other users on our site and app do not represent our views or values.

We will not be responsible for or liable for any injury, illness, harm, loss, costs or expenses you suffer or incur as result of relying on content on our app unless exempted by law. 

How you may use material

We are the owner or the licensee of all intellectual property rights in our service and app protected by copyright. All such rights are reserved.

You must not use any part of the content on our site and app for commercial purposes without obtaining a licence to do so from us or our licensors with the exception of clicked matches and communication external to the app.

If you print, copy or download any part of our app in breach of these terms of use, your right to use our service and app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made whether digital or paper.

We are not responsible for websites to third party content

Where our app contains links to other websites within pitches, and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them nor do we give any warranty as to the identity or security of those sites.

Our app will display third party content.  We are not responsible for any third party content you view via our app.  We do not monitor the content. 

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us at hello@pitchsocial.io

 

 

4. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our app, (including when you review, send messages to, or respond to businesses listed on our Platform), you grant us a perpetual and irrevocable, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content:

  • For any purpose in connection with our app (including those yet to be created); and

  • In connection with any marketing material or publicity regarding our app (including those yet to be created), including use on social media platforms. This includes (but is not limited to) using your company name and full or partial extracts of videos that you post. 

 

5. ACCEPTABLE USE OF OUR SITE AND APP

Uploading content to our app

Whenever you make use of a feature that allows you to upload video and other content to our app, or to make contact with businesses or other users of our app, you must comply with the content standards set out in these terms.

You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty whether direct or indirect.

Any content you upload to our app will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but as explained in section 4 of these terms, you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site and app is defamatory, or constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site and app if, in our opinion, your post does not comply with the content standards set out in the content standards set out below.

You are solely responsible for securing and backing up your content.

We do not store terrorist content or offensive material.

Content Standards

These content standards apply to any and all material which you contribute to our app (Contribution), and to any interactive services associated with it.

These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches the these content standards.

A Contribution must:

  • Be accurate (where it states facts).

  • Be genuinely held (where it states opinions).

  • Comply with the law applicable in England and Wales and in any country from which it is posted.

 

A Contribution must not:

  • Be defamatory of any person.

  • Be obscene, offensive, hateful or inflammatory.

  • Bully, insult, intimidate or humiliate.

  • Promote sexually explicit material.

  • Include child sexual abuse material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trademark of any other person.

  • Be likely to deceive any person.

  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal activity.

  • Be in contempt of court.

  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person.

  • Give the impression that the Contribution emanates from Pitchsocial, if this is not the case.

  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only, these are not exhaustive) copyright infringement or computer misuse.

  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

 

Prohibited uses of our site and app

You may use our app only for lawful purposes. You may not use our app:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect nor is misleading.

  • For the purpose of harming or attempting to harm minors in any way.

  • To bully, insult, intimidate or humiliate any person.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in these terms.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site or app in contravention of these terms.

  • Not to access without authority, interfere with, damage or disrupt

  1. any part of our app;

  2. any equipment or network on which our app is stored;

  3. any software used in the provision of our app; or

  4. any equipment or network or software owned or used by any third party.

 

Rules about linking to our app

You may link to our app provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our app in any website that is not owned by you.

Our app must not be framed on any other site, nor may you create a link to any part of our app other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our app other than that set out above, please contact: hello@pitchsocial.io.

6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation or where strict liability exists.

  • Please see the section above regarding your use of the content on our app. We will not be responsible for or liable to you for any harm, loss, damages, costs or expenses you suffer or incur as result of relying on content, findings or statements on our app. 

 

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it.

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  1. use of, or inability to use, our app; or

  2. use of or reliance on any content displayed on our app.

  • In particular, we will not be liable for:

  1. loss of profits, sales, business, or revenue;

  2. business interruption;

  3. loss of anticipated savings;

  4. loss of business opportunity, goodwill or reputation; or

  5. any indirect or consequential loss or damage.

  • We are not liable for any damage to any device or digital content belonging to you:

    1. that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us; or

    2. to the extent it is caused by defective digital content created or supplied by third parties, even if you download or access this from our site or app.

 

7. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.

In particular, we reserve the right to reproduce your name and any content you have posted in any marketing material for our app.

 

8. BREACH OF THESE TERMS

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

If you commit a breach of these terms when using our app, this may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our app.

  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our app and delete your account(s) and information stored within those accounts.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you as may be advised.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

9. SAFETY AND SECURITY

We are not responsible for viruses and you must not introduce them to the app and when uploading content.

We do not guarantee that our app will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platforms to access our app. You should use your own virus protection software.

You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app will cease immediately.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at chris@pitchsocial.io.  We are not responsible for any acts or deletions that take place should your identification code or password be compromised by you.

 

10. JURISDICTION

Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trademarks and Names

You are not permitted to use those trademarks, or any other logos or marks on our app, without our approval, unless they are part of material you are using as permitted under these terms.

We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.