Terms & Conditions

Legal

Last updated: 29th August 2021

About the Website
1. Thank you for visiting pitchli.com (the Website). The Website is owned and operated by Pitch App Pty Ltd (ABN 50 645 402 768) (PitchApp) and allows you to access and use PitchApp's services through the Website and through apps or other programs or functionality related to PitchApp (the Programsand the services provided through the Programs the Services).
2. Access to and use of the Website, or any of its associated Programs or Services, is provided by PitchApp. By accessing and/or using this Website, the Programs and/or using our related Services, you agree to be bound by these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms and Conditions (Terms) carefully. If you do not agree to these Terms, you must immediately cease using our Website, the Programs and our Services.
3. PitchApp reserves the right to amend any of these Terms from time to time, at our sole discretion, by posting an updated version of the Terms on the Website and/or our Programs. When PitchApp updates the Terms, it will use reasonable endeavours to provide you with notice of these changes. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend that you keep a copy of the Terms for your records.
Acceptance of the Terms
1. You accept the Terms by remaining on the Website and through our Programs. Where the option is available in the user interface, you may also accept the Terms by clicking to "accept" or "agree" to the Terms.
Entire Agreement
1. You accept the Terms by remaining on the Website and through our Programs. Where the option is available in the user interface, you may also accept the Terms by clicking to "accept" or "agree" to the Terms.
About the Services
1. PitchApp is a candidate sourcing tool.
2. Free, Subscription and Pay as you Go accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specifically to each account. Where special account-specific terms apply, you will be informed, and must accept those Terms before you are given such an account. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by account-specific Terms.
3. Certain accounts may be governed by a separate software licensing agreement with PitchApp, which may amend the Terms. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by the terms of an applicable software licensing agreement.
4. Without limitation, you agree and acknowledge that PitchApp may use personal information provided about you, and the videos provided to us through the Website and/or Programs, for:
  1. selecting candidates for a given role, or assessing whether a candidate may be eligible for a role which either is or is not advertised;
  2. selecting candidates for a given role, or assessing whether a candidate may be eligible for a role which either is or is not advertised;
  3. selecting candidates for a given role, or assessing whether a candidate may be eligible for a role which either is or is not advertised;
  (the Primary Recruitment Purpose)
Acceptable Use of the Service
1. PitchApp, its related features and Programs, and Website must only be used lawfully. You agree that you will not use the Website or our Programs or Services to, and PitchApp reserves the right to restrict, suspend, or terminate without notice the access of users and accounts who, use the Website or our Programs or Services:
  1. to engage in any act that would disrupt the access, availability, and security of PitchApp and other PitchApp services, including but not limited to:
    1. tampering with, reverse-engineering, or hacking our servers;
    2. modifying, disabling, or compromising the performance PitchApp, the Website, the Programs or the Services;
    3. overwhelming, or attempting to overwhelm our infrastructure; or
    4. compromising the integrity of our systems, including probing, scanning and testing the vulnerability of our system;
  2. for any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws;
  3. to stalk, harass or threaten users and any member of the public;
  4. to misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with PitchApp or any third party;
  5. to access or search any part of the Website, the Programs or Services other than our publicly supported interface, or otherwise allowed for in an applicable software licensing agreement; or
  6. to post, upload, share, or otherwise circulate content in violation of PitchApp’s policies from time to time.
Security and Data Privacy
1. PitchApp takes your privacy seriously and information provided through your use of the Website, our Programs and/or Services are subject to PitchApp’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses PitchApp’s processes, policies, and obligations in respect of PitchApp security breaches.
Data Use
1. PitchApp collects, stores, and processes your data on PitchApp. The data is used to provide Services to you, as well as to facilitate PitchApp’s business operations. The Privacy Policy outlines how your data is collected, stored, and processed by PitchApp. The Privacy Policy also addresses PitchApp's processes, policies, and obligations in respect of data encryption and removal requests.
2. You agree that your data may be used by PitchApp for all legal business purposes from time to time, including the Primary Recruitment Purpose.
Subscription to use the Services
1. In order to access the Programs or Services, you must first purchase a subscription through the Website or through one of our Programs (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered to be a member (Member).
2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3. Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website and/or Programs before you can access the Services (Account).
4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, email address, residential address, home phone number and mobile phone number.
5. You warrant that any information you give to PitchApp in the course of completing the registration process will always be accurate, correct and up to date.
6. Once you have completed the registration process, you will be a registered user of the Website and/or our Programs and agree to be bound by the Terms (User). As a User you will be granted immediate access to the Services and/or our Programs from the time you have completed the registration process until the subscription period expires (Subscription Period).
7. You may not use the Services and may not accept the Terms if:
  1. you are not of legal age to form a binding contract with PitchApp; or
  2. you are a person barred from receiving the Services, accessing the Website and/or the Programs under the laws of Australia or other countries, including the country in which you are resident of or from which you use the Services.
Payments
1. Subject to the terms of any applicable software license agreement, the Subscription Fee may be paid by all payment methods available on the Website and/or the Programs and may change from time to time.
2. Payments made in the course of your use of PitchApp may be made using third-party applications and services not owned, operated, or otherwise controlled by PitchApp. You acknowledge and agree that PitchApp will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for PitchApp services.
3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
4. You agree and acknowledge that PitchApp can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
Refund Policy
1. PitchApp will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if PitchApp makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member.
Intellectual Policy Rights
1. Unless otherwise indicated, we own or license from third parties all right, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in and to this Website and all of the material (including all text, graphics, logos, audio and software) made available on this Website and on or through the Programs (Content).
2. The Website, the Services and all of the related Programs of PitchApp are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by PitchApp or its contributors.
3. All trade marks, service marks and other intellectual property rights are owned, registered and/or licensed by PitchApp. PitchApp does not grant you any other rights whatsoever in relation to the Website or the Services or its intellectual property rights. All other rights are expressly reserved by PitchApp.
4. PitchApp retains all rights, title and interest in and to the Website and Programs and all related Services and all of its intellectual property rights. Nothing you do on or in relation to the Website or Programs will transfer to you any:
  1. intellectual property rights;
  2. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
  3. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  4. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
5. You may not, without the prior written permission of PitchApp and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website, the Programs, the Services or third party Services for any purpose, unless otherwise provided by these Terms.
6. Except as expressly authorised by these Terms, any reproduction or redistribution of this Website, the Programs, the Services or the Content is prohibited. In addition, the copying of the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
7. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.
Cookies and Other Trackers
1. We may use cookies and other tracker technologies to improve your user experience and allow us to optimize the Website (in terms of content and functionality), the Programs and our Services. A cookie is a small data file that the Website or our Programs send to you (including through an internet browser), which may then be stored on your system for later retrieval by the Website or our Programs. Cookies track your movements through different websites, and are widely used on websites to help with navigation and to help personalise your experience when you visit a website.
General Disclaimer
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. To the maximum extent permitted by law:
  1. PitchApp disclaims all liability to you;
  2. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  3. PitchApp will not in any event be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Website, the Programs and the Services is at your own risk. Everything on the Website, the Programs and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of PitchApp make any express or implied representation or warranty about the Services or any Programs or Services referred to on the Website or the Programs, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. any person becoming aware of the Website, the Programs or our Services;
  3. the accuracy, suitability or currency of any information on the Website, the Programs or the Services (including third party material and advertisements on the Website or our Programs);
  4. costs incurred as a result of you using the Website, the Programs or the Services of PitchApp; and
  5. the Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
1. PitchApp's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that PitchApp, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, any loss of data, damage to reputation and any other intangible loss.
Indemnity
1. You agree to indemnify PitchApp, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the information you provide to us including through the Website, our Programs or in connection with the Services (Your Content);
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
  3. any breach by you or at your direction of the Terms.
Dispute Resolution
1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms must:
  1. within 30 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed within 30 days by his or her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
  4. The mediation will be held in Sydney, Australia.
4. Confidentiality: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and must be treated as "without prejudice" negotiations for the purpose of the applicable laws of evidence.
5. Termination of Mediation: If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
1. The Services offered by PitchApp is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts in the State of New South Wales.
Governing Law
1. The Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice, acknowledge that the Terms are not against public policy on the grounds of inequality of bargaining power or general grounds of restraint of trade.
Severance
1. If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
2. You may terminate these Terms by written notice to us at support@pitchli.com. Any such termination will not terminate or prejudice any right, acknowledgement or limitation of liability provided to us through these Terms, nor will it relieve you of any obligation to pay any amounts payable to PitchApp under any contractual arrangement with PitchApp (including under these Terms).
3. We may terminate the Services, or your access to the Website and/or the Programs, at any time and without notice to you in our absolute discretion.

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