EFFECTIVE DATE: 01 June 2016

CAPITAL PITCH PTY LIMITED

Welcome to our website. This website is owned and operated by Capital Pitch Pty Limited ACN 601 307 779 (CapitalPitch) its successors and assignees (we, our or us). It is available at: www.capitalpitch.com (Site) and may be available through other addresses or channels.

These Website Terms of Use (Terms) govern you, the person who accesses and uses our Site, and any organisation or entity on whose behalf you access and use our Site (referred to as you or your) and form a contract between you and us if you access our Site.

Please read the Terms carefully. If you have questions, please contact us using the contact details below.

1. Acceptance

Your use of the Site indicates that you have read and accepted the Terms on behalf of yourself and any organisation or entity on whose behalf you access and use our Site. Additional terms may govern your use of, and access to, other services offered on this Site. You should review these as relevant.

2. Information

The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not financial services, legal, tax, accounting or other advice. Any reliance that you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice where necessary. The Information does not constitute an offer or inducement to enter into a legally binding contract.

3. Copyright and intellectual property rights

Copyright in the material on the Site is owned or licensed by CapitalPitch. You agree that, as between you and us, we own all intellectual property rights in the Site and that nothing in the Terms constitutes a transfer of any intellectual property rights. Except where necessary for viewing the Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or the Terms, no material on this Site may be reproduced, adapted, linked to, framed, uploaded to a third party, performed in public, distributed or transmitted in any form by any process without CapitalPitch’s prior written consent.

4. Privacy

We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to the Terms, you agree to accept our Privacy Policy.

5. Your content

If you choose to add any content on the Site, you:

(a) warrant to us that you have all necessary rights to post the content;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
(c) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

6. Prohibited conduct

You must not:

(a) use the Site for any activities, or post or transmit any material from the Site that infringes the intellectual property or other rights of any person; that would cause you or us to breach any law, regulation, rule, code or other legal obligation; that defames, harasses, threatens, menaces, offends or restricts any person; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute;
(b) use the Site to send unsolicited messages;
(c) interfere with or inhibit any user from using the Site, attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including without limitation the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
(d) facilitate or assist a third party to do any of the above acts.

7. Third party information

The Site may contain third party information, including without limitation user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

8. Third party links and websites

This Site may contain links to websites operated by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

9. Reservation of rights

We reserve the right to amend or delete any of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of the Terms, or for any other reason, in our sole discretion.

10. Delays and outages

We are not liable for delays or interruptions to the Site. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

11. Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, we exclude all:

(a) liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site; and
(b) representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in the Terms and the Australian Consumer Law to the extent applicable.

12. Disclaimer

The Site is provided to you without warranties, express or implied, including without limitation, implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time. While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose, Third Party Information or Third Party Sites. You access, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

13. Indemnity

By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Site, any breach by you of the Terms, or any wilful, unlawful or negligent act or omission by you. This defence and indemnification obligation will survive the Terms and your access to and use of the Site. The Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

14. Breach

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in the Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any content found to be in breach of intellectual property rights, or which in our opinion is inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms. All rights not expressly granted in the Terms are reserved.

15. Exclusion of competitors

You are prohibited from using the Site and Information in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information in our discretion.

16. Enforceability

If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

17. Further assurances

Each party must, at its own expense, do everything reasonably necessary to give full effect to the Terms and the events contemplated by them.

18. Termination

The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

19. Disputes

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to the Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

20. Jurisdiction

Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. The Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

21. Amendment

The Information and Terms may be amended without notice from time to time in our discretion. You should check the Terms regularly to ensure you are aware of any changes. Your use of our Site following any amendments indicates that you have read and accepted the amended or new Terms.

For questions and notices, please contact us at:

Capital Pitch Pty Limited ACN 601 307 779
2/50 Bridge Street
Sydney NSW
Australia 2000

[email protected]