Website terms and conditions of use

These Terms & Conditions (Terms) apply to this website and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Denoo P/L trading as pitchhawk (“pitchhawk” or “we” or “us”). By accessing or otherwise using this website or any connected media form, channel, mobile website or mobile application (the “Site”), you hereby agree to be bound by the Terms set out below. The mere use of this Site implies the knowledge and acceptance of these Terms, however, if you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately. We will also ask you to explicitly agree to additional terms and conditions if and when, and at the time we agree to provide pitchhawk business-ready, pitch-ready and investor-ready (“Services”) to you.

Intellectual property rights

We own and control all of the copyright and other intellectual property rights in this Site and the data, information, and other resources displayed by or accessible within the Site and protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions, including but not limited to the pitchhawk and pitchhawk readiness level (PRL) registered trademarks (the “marks”), logos and domains, as well as the pitchhawk registered business name and the proprietary blogs appearing on this Site, and grant you a limited licence to download this Site for personal and non-commercial use only. You are not permitted to copy, replicate, reproduce or alter this website in any regard, or any copy of it, for any other purpose without our prior express written consent.

However, you are not granted any license or any other right under copyright, trademark, business name, domain name, patent, or any other intellectual property rights. 

This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, sell, monetise, market, or commercialise any resources on this Site in any form, without our prior written permission.

We reserve all rights not expressly granted to you in and to the Site, the content, the marks, logos, domains and the Services.

Your representations to us

By using the Site, you represent and warrant that:

  1. you are over the age of 18.

  2. you have the legal capacity, and you agree to comply with these Terms.

  3. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.

  4. you will not use the Site for any competitive, illegal or unauthorised purpose or to do us or any of our customers or partners any harm of any kind.

  5. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use and refuse any and all current or future use of the Site (or any portion thereof).

Responsible use

By visiting our Site, you agree to use it only for the purposes intended, which is to learn about, and book Services, and solely as permitted by these Terms, any additional contracts and agreement with us including Services agreements, and applicable laws, regulations, and generally accepted online practices and industry guidelines. 

You must not use our Site or Services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our Site or Services to compete with us in any way, or for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our Site systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

As a user of the Site, whether or not you decide to consume our Services, you agree not to:

  • Systematically retrieve data, forms, or other content from the Site or the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory.

  • Make any unauthorised use of the Services, including collecting information by electronic or other means that you are not authorised to have.

  • Engage in unauthorised copying and distribution of Services content and information.

  • Trick, defraud, or mislead us, especially in any attempt to learn sensitive information.

  • Make improper use of our Services or use any information obtained from the Services in order to injure another person.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise beyond the purpose for which we make the Site available.

  • Decipher, decompile, disassemble, or reverse engineer any information or data any way making up a part of the Site or the Services.

  • Attempt to bypass any of our measures designed to prevent/restrict access to the Site or Services, or any portion of the Services.

  • Copy or adapt any of the Site methods or Services the subject of the Site.

  • Disparage, tarnish, or otherwise harm, in our opinion, pitchhawk.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

Engaging in any activity, whether listed above or not, that damages the Site, interferes with its performance, availability, or accessibility, or competes with us in any manner is strictly prohibited. Such actions may result in immediate denial of access, cancellation of Services, and/or legal action.

Third parties

Our Site may include booking and scheduling platform pages as well as hyperlinks and other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to their applicable terms. Opinions expressed or material appearing on those websites are not shared or endorsed by us and we will not be responsible for any privacy practices or content of those sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

Modification and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms will obligates us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Privacy

At pitchhawk, we care about and are committed to respecting the privacy of your information. Please refer to our Privacy Policy for further information.

Changes

We reserve the right to make changes, modifications, additions, deletions and corrections to the Site, at any time and without notice.

Disclaimer and limitation of liability

The information provided on this Site has been compiled for your convenience, and while we strive to keep it accurate and up-to-date, pitchhawk, including its directors, officers, beneficiaries, affiliates, employees, agents, contractors, successors, and assigns, makes no warranties or representations regarding the accuracy, completeness, or reliability of any information contained on this Site.

None of the content on this Site constitutes financial or investment advice.

To the fullest extent permitted by law, pitchhawk will not accept any liability for any loss, damage, or other injury resulting from the use of this Site. This includes, but is not limited to, liability for any:

  • Investment decisions made on the basis of the information provided on this Site. This Site does not constitute financial or investment advice and should not be taken as such. Nothing on this Site constitutes, or is intended to constitute, an offer or invitation to purchase or subscribe for securities. We strongly recommend obtaining professional advice before proceeding with any investment.

  • Damages or losses whatsoever arising out of, or in any way related to, the use of this Site or any other website or resource linked to this Site. This limitation on liability applies to direct, indirect, consequential, special, punitive, or other damages, including but not limited to loss of profits or opportunities; business interruption; or Loss of data or information. This is the case even if we have been advised of the possibility of such damages.

Liability relating to the purchase or use of our Services is governed exclusively by the terms of those services and not by these Terms.

Your use of this Site is entirely at your own risk. No warranties, express or implied, are made regarding the availability, functionality, or content of the Site.

Indemnification

By using this Site, you agree to indemnify, defend, and hold harmless pitchhawk, its related entities, affiliates, and all respective officers, agents, partners, and employees from and against any and all claims, liabilities, damages, penalties, proceedings, losses, and expenses, including reasonable legal fees and expenses, arising directly or indirectly from:

  • Any activity related to your access to or use of the Site.

  • Your breach of these Terms, including but not limited to any representations, warranties, or applicable laws and regulations, such as intellectual property rights and privacy rights.

  • Your infringement of the rights of a third party, including but not limited to intellectual property or privacy rights.

  • Any overt harmful act you commit toward us or any other user of the Site with whom you have interacted via the Site.

You agree to promptly reimburse us for any damages, losses, costs, and expenses arising out of or relating to such claims.

Governing law

These Terms are governed by the laws of Western Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia for the resolution of any disputes arising under these Terms.