We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using 123Pitch after a change, that means you accept the new terms.
Please read these Terms and Conditions carefully. If you have any questions or wish to clarify any matters, please contact our team at email@example.com.
Creating an Account
You can browse the 123Pitch without registering for an account. But to use most of 123Pitch’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to firstname.lastname@example.org.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
123Pitch is a global platform and opened to millions around the world. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
- Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any things that are illegal, violate any of 123Pitch’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimise anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to 123Pitch or another party).
- Don’t abuse other users’ personal information. When you use 123Pitch — and especially if you are successful in engaging an investor — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating as a registered 123Pitch user: don’t use it for other purposes, and don’t abuse it.
- Don’t try to interfere with the proper workings of the 123Pitch Services.
- Don’t bypass any measures we’ve put in place to secure the 123Pitch Services.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to 123Pitch or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
The relationship between Investor and Entrepreneur
123Pitch provides a platform for entrepreneurs to find potential investors for their business/project. When an investor posts a profile on 123Pitch, they’re inviting registered entrepreneurs to contact them and pitch their idea to them. Anyone investor who decides to invest in a project/business can be assumed to have done their due diligence and has a sound understanding of the project/business.
When an entrepreneur lists a profile of themselves and their projects, they’re inviting registered investors to view their idea and find out more information about that particular entrepreneur. In the event that an entrepreneur enters into any communication with the investor, 123Pitch is not a part of this negotiation, agreement or contract — the contract is a direct legal agreement between entrepreneurs and their investors.
Creating an account on 123Pitch is free. Registered users can browse and access functions on the website for free. 123Pitch operates on a ‘fee for use’ service, where a fee is only paid for using the service such as “contacting” an investor.
Fees are charged with the use of ‘credit points’. Credit points can only be purchased on the 123Pitch website, under no circumstances are credit points available for purchase or use outside of the 123Pitch website.
An example of how a fee is charge:
An entrepreneur can browse our database of investor profiles, if they choose to make contact with any one investor they must pay a fee of 1 Credit Point in order to send that one investor a contact message. This is the only fee the entrepreneur will need to pay for the contact of that particular investor.
A detailed explanation can be found here.
Your Intellectual Property
123Pitch does not own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a profile for review, you agree to these terms:
- We can use the content you have submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
- When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
- You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant 123Pitch all the license rights outlined here).
- Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on 123Pitch’s hosting of that Content.
- You promise that if we use your Content, we’re not violating anyone’s rights or copyrights.If 123Pitch or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
- We’re not responsible for mistakes in your content. 123Pitch will not be liable for any errors or omissions in any content.
Intellectual Property of 123Pitch
123Pitch’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
123Pitch grants you a license to reproduce content from the Services for personal use only. This license covers both 123Pitch’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sub-licensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from 123Pitch or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
Deleting your Account
You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you have already submitted to the Site.
123Pitch reserves these rights:
- We can make changes to the 123Pitch Site and Services without notice or liability.
- We have the right to decide who’s eligible to use 123Pitch. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use 123Pitch in that jurisdiction.
- We have the right to reject, cancel, interrupt, remove, or suspend any listing at any time and for any reason.
123Pitch is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
123PITCH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM 123PITCH SHALL CREATE ANY WARRANTY.
In the event that you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of 123Pitch. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defences.
These Terms shall be governed by the laws of Australia and the courts of Australia shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms. Except as otherwise described, all materials on this website are made available only to provide information about us, this website, and the content provided by our users. This website has been prepared in accordance with Australian law, and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information available from this website are appropriate or available for use in other countries. If you choose to access this website from outside Australia you are responsible for compliance with applicable local law.
Other Important Terms
These Terms and the other material referenced in them are the entire agreement between you and 123Pitch with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and 123Pitch with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or 123Pitch to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sub-license them unless you get 123Pitch’s prior written consent. 123Pitch has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. 123Pitch will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
**Updated 23rd March 2016**