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User Terms

Effective Date: 8 September 2019

1.About these Terms

1.1 These User Terms (“Terms”) set out the terms under which you may utilise the Service (as defined in clause 1.2 below) and constitutes a contract between you and MyPitchKit Pty Ltd ABN 49 627 702 649 and its subsidiaries (“MPK”, “we” or “us”). You acknowledge and agree that you have made your own independent analysis and decision to accept these Terms, based on such information as you deem appropriate under the circumstances and without reliance on us. Use of the Service constitutes acceptance of this contract and your agreement to these Terms.

1.2 The Service means access to a platform that offers access to an online education program and associated materials (collectively referred to as the “Service”).

1.3 In addition to these Terms, you are subject to the terms of our Privacy Policy (mypitchkit.com/privacy) You acknowledge and agree that the terms of our Privacy Policy are incorporated into, govern and relate to these Terms as if set out in full.

2. How you may use the Service

MPK grants you a personal, limited, non-exclusive, revocable, non-transferable licence, without the right to sublicence, for you to electronically access and use the Service for the Service Period (as defined in clause 4.1 below).

3. Unauthorised use

3.1 MPK reserves the right to investigate, suspend, terminate accounts and take legal action against any illegal and or unauthorised use of the Service, which includes but is not limited to:

  • unauthorised access to the Service through a third party application, API, robot, spider or automated device; and
  • accessing or attempting to access any protected portions of the Service without an authorised account or through any means other than by submitting your authorised password or access code on the appropriate web page or application.

3.2 Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the platform or any portion thereof or any information or content on the Service, without the prior written permission of MPK.

4. Payment

4.1 If you subscribe for the Service you must pay the Subscription Fee specified at mypitchkit.com/privacy (“Subscription Fee”) in advance and are granted access to the Service for a period of six (6) months from the date of payment of the Subscription Fee (each period of six (6) months being described as a “Service Period”).

4.2 Subscription Fees are paid in advance of each Service Period. The first Service Period starts when you initially sign up to the Service and you pay the Subscription Fee from the payment method you have assigned to the Service (“Approved Payment Method”) and ends on the last day of the Service Period. All subsequent Service Periods start on the day that the Subscription Fee for the additional Service Period is paid and end on the last day of the Service Period.

4.3 At the end of each Service Period, your membership will automatically expire unless you choose to renew for a further Service Period.

4.4 MPK may change the Subscription Fee at any time by giving you at least 21 days’ notice. The changed Subscription Fee will not apply to any incomplete Service Period.

4.5 Payment obligations are non-cancellable and, except as expressly stated in these Terms, fees paid are non-refundable.

5. Taxes

5.1 Fees are stated exclusive of any taxes, levies, duties or similar governmental assessments of any nature, including, for example, GST, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively “Taxes”). 5.2 You will be responsible for paying all Taxes, except for those taxes based on MPK’s net income. Should any payment to MPK be subject to withholding tax by any government, you will reimburse MPK for such withholding tax.

6. Links to third party sites & services

6.1 MPK may contain links to third party information and products. Such content and links are not owned, operated or maintained by MPK, nor are they affiliated or associated with MPK in any way, unless indicated on the external site.

6.2 MPK is not responsible for the content of any third party material appearing on the platform or any third party sites linked to the platform.  Such information, advertisements or links are purely for information purposes only and are not endorsements by MPK as to the quality, accuracy or completeness of the third party information or websites.

6.3 If you decide to access any of the third party services or websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, MPK accepts no liability or responsibility for your actions or omissions or linked sites in relation to the content contained therein.

7. Changing, Cancelling, Suspending or Restricting the Service

7.1 MPK may change the Service, including altering the content, presentation and / or features available on the Service from time to time without giving you notice.

7.2 MPK may immediately suspend or restrict your use of all or any of the Service in the following circumstances:

  • where reasonably necessary for technical or operational reasons;
  • if you breach these Terms; or
  • if MPK considers that you have committed or may be committing any fraudulent activity against MPK or against any other person or organization through your use of the Service.

7.3 MPK may cancel your use of the Service at any time and will provide you with reasonable notice prior to cancellation. Except if clause 7.2 applies, if MPK cancels your use of the Service during a Service Period, you will have access to the Service for the remainder of the Service Period that you have already paid for.

7.4 You may cancel the Service at any time by notifying MPK in writing and the Service will be disconnected at the end of the current Service Period. You may reconnect the Service at any time via your account on the website.

8. Ownership

8.1 You may choose to, or MPK may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or MPK’s products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MPK under any fiduciary or other obligation and that MPK is free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MPK does not waive any rights to use similar or related ideas previously known to MPK, or developed by its employees, or obtained from sources other than you.

8.2 Subject to clause 8.1, MPK owns all proprietary rights in the Service, including but not limited to, patents, trademarks, service marks, trade secrets, copyrights, content and other intellectual property rights.

9. Copyright

Copyright in all content contained on this Service, including but not limited to text, drawings, slides, materials, photographs and page layout, subsists under, and is protected by, the Australian Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by MPK or used by MPK under licence.

10. Disclaimer & warranty

10.1 The information, software, products, and services included in or available through MPK may include inaccuracies or typographical errors.

10.2 MPK, its contractors and suppliers may make improvements and/or changes in the Service at any time. Advice received via the Service should not be relied upon for personal or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.

10.3 To the maximum extent permitted by applicable law, MPK, its contractors and suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the materials, video, information, software, products, services and related graphics contained on the platform or through the Service for any purpose. To the maximum extent permitted by applicable law, all such materials, video, information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. To the maximum extent permitted by applicable law, MPK, its contractors and suppliers hereby disclaim all warranties and conditions with regard to this material, video, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

10.4 To the maximum extent permitted by applicable law, in no event shall MPK, its contractors and suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the MPK platform, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if MPK, its contractors and suppliers have been advised of the possibility of damages.

10.5 Because some states / jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.

11. Security & Privacy

11.1 When using the Service, you must provide accurate, up-to-date and complete information. If you create a MPK Account, you are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name, or in an account attached to your biometric data (including face, fingerprint or other touch ID). 11.2 You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and you must notify MPK immediately in the event of any suspected unauthorised access or use.

12. Communications network

12.1 You acknowledge that:

(a) the communication lines in relation to the Service and third party platforms may involve transmission of data over the internet.

(b) the internet is an inherently insecure communications network and that communications sent over the internet may be delayed, misdelivered or not delivered, may be delivered incomplete and may be read or altered by third parties in transit.

13. Variation

13.1 We may amend these Terms after giving you prior notice via mypitchkit.com/privacy in circumstances where we consider that the amendment is reasonably necessary or desirable to:

  • provide clarity to the intention of these Terms where the amendment is not material and is no less favourable to you;
  • reflect new systems, technology, products or services related to the Service;
  • implement changes required by law; or
  • otherwise protect our legitimate business interests.

13.2 The most current version of these Terms can be found at mypitchkit.com/privacy .

13.3 We will give you reasonable notice of a change (having regard to the nature of the change) except where we consider that the relevant change is necessary in order for us to comply with any law, regulation or other obligation we have.

14. Representations and warranties by you

14.1 You represent and warrant to us that:

  • you are an individual and not a corporation;
  • you have the power and authority to enter into and perform your obligations under these Terms;
  • you have taken all necessary action to authorize the acceptance and performance of these Terms by you;
  • these Terms constitute your legal, valid and binding obligations and, subject to any necessary stamping and registration, is enforceable in accordance with its terms subject to laws generally affecting creditors’ rights and to principles of equity; and
  • the acceptance and performance by you of these Terms does not and will not violate, breach, or result in a contravention of:
    • any law, regulation or authorization; or
    • (in the case of a corporation) your constitution or other constituent documents.

14.2 The representations and warranties in this clause 14 survive acceptance of these Terms.

15. Governing law

These Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and waive any right to object to an action being brought in those courts, including on the basis of inconvenient forum.

16. Prohibition and enforceability

16.1 Any provision of, or the application of any provision of, these Terms, which is prohibited in any jurisdictions is, in that jurisdiction, ineffective only to the extent of the prohibition. 16.2 Any provision of, or the application of, these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

17. Force Majeure

Neither MPK nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism and governmental action.

18. Survival

Clauses 4 (“Payment”), 5 (“Taxes”), 8 (“Ownership”), 9 (“Copyright”), 10 (“Disclaimer & Warranty”), 11 (“Security & Privacy”), 14 (“Representations and warranties by you”), 15 (“Governing Law”), 16 (“Prohibition and enforceability”), 18 (“Survival”) and 19 (“Interpretation”) will survive any termination or expiration of these Terms.

19. Interpretation

19.1 Headings and italicised, highlighted or bold type do not affect the interpretation of these Terms.

19.2 In these Terms, unless a contrary indication appears or is expressed:

  • the singular includes the plural and the plural includes the singular;
  • a gender includes the other genders;
  • other parts of speech and grammatical forms of a word or phrase defined in these Terms have a corresponding meaning;
  • a reference to a person or an entity includes any person, firm, company, partnership, joint venture, association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality) or two or more of them;
  • a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, these Terms and a reference to these Terms includes any annexure, exhibit and schedule;
  • a reference to a document includes all amendments or supplements to, or replacements or novation’s of, that document;
  • a reference to a party to any document includes that party’s successors and permitted assigns;
  • a reference to time is to Melbourne time;
  • a reference to a statute, regulation, proclamation, ordinance or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute;
  • a reference to liquidation includes official management, administration compromise, arrangement, merger, amalgamation, reconstruction, winding up, dissolution, deregistration, assignment for the benefit of creditors, scheme, composition or arrangement with creditors, insolvency, bankruptcy, or a similar procedure or, where applicable, changes in the constitution of any partnership or person, or death;
  • a reference to an agreement other than these Terms includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
  • a reference to an asset includes all property of any nature, including a business, and all rights, revenues and benefits; a reference to a document includes any agreement or contract in writing, or any certificate, notice, deed, instrument or other document of any kind; and
  • a reference to a body, other than a party to these Terms (including an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions.

19.3 No provision of these Terms may be construed adversely to a party solely on the ground that the party was responsible for the preparation of these Terms or the preparation or proposal of that provision.

19.4 Specifying anything in these Terms after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included unless there is express wording to the contrary.