Version JUL2017/A, effective from 2017-06-11. This is most recent version.

Terms and Conditions

The Service.

PledgeToPitch is a paid message delivery service.

The Company

The Company providing the service is PledgeToPitch Ltd.

The Pitch

A Pitch is a message with a very specific call to action. PledgeToPitch are responsible only for the delivery of valid assured messages to the chosen recipient's PledgeToPitch Inbox. This forms the entirety of the contract between you as a user and the PledgeToPitch sevice.

The Pitcher has full control over all parts of the Pitch e.g: title, summary or message body and can ultimately be held responsible for it.

The Pledge

You pledge that your pitch will be of a certain quality ultimately by assuring it with a monetary amount.

The PledgeToPitch Community

By joining this community, you commit to treat all members of this community, regardless of race, religion, nationalality, disability, gender identity, sexual orientation, age or any other trait; with respect, and without judgment or bias. All forms of discriminination are prohibited.

You agree not to use the service for any unlawful or prohibited activities. Any accounts being used for illegal activities will be terminated - particularly in response to court orders informing us of such activity.

Sending

We will allow you to compose a Pitch and to send it.

Upon securing from you an Assurance amount of your choice we will deliver the Pitch to your nominated Receiver. A minimum assurance will apply.

Delivery

After delivery we will present the Title, Summary, area of Interest and some general indicators of Assurance of your Pitch to the Receiver at a time, and in the order and manner decided by the Receiver. The Receiver may decide never to look at their Inbox or open any particular message. That is at your risk; although PledgeToPitch will not charge a delivery Fee in such cases.

We will only charge a delivery Fee if the Pitch gets opened: i.e. the Receiver requests to see the body of Pitch.

We will charge the entire assurance only if you select Donation, or the Receiver decides you should forfeit. We will not charge a delivery fee in these cases.

Selecting and vetting the Receiver is the sole risk, duty and responsibility of the Pitcher. It is expected that this vetting will occur on third party social networking sites.

Inclusion or order of appearance of Receivers in the Search result does not constitute comparison, suggestion or endorsement of any kind, and is merely the result of information entered.

The Service has no control over Receivers and cannot be held liable for the Receiver's decisions, actions or inactions.

On opening and acceptance of a Pitch by the Receiver we will pass the contact information you supplied in your Pitch to them. It is your prerogative to ensure good quality contact information. We offer no warranties that the Receiver will use the supplied contact information to continue a conversation with you.

Receiving

We will allow you to read the Pitches Title and Summary in the order you request on your profile.

We will allow you to open a Pitch i.e. you can open it to see the body of the Pitch.

We will allow you to make a decision on the Pitch, at your sole discretion, to dismiss it, to accept it, leave it to expire, or to reject it

On acceptance of a Pitch we will pass the contact information supplied to allow you to continue the conversation with the Pitcher. We offer no warranties to the quality of the contact information provided.

The Service does not guarantee any part of the Pitch e.g: title, summary or message body will be read by the Receiver.

Pitch decision

The Receivers decision to Accept, Dismiss or Reject the pitch is final and does not need to be reasonable or justified. There is no contract formed between the Receiver and the Pitcher. The Pitcher does not have any right to contest the Receiver's decision. No claim, arbitrage or mediation between the Pitcher and Receiver will be offered, accepted or allowed by the service.

Message content

The content of the message is not moderated or reviewed by the Service in any way. The Pitcher agrees that the content of all messages sent by them will comply with all relevant laws and regulations and that they will be solely responsible for the contents of their messages sent through the Service.

The full text of the Pitch will be shown to the Receiver. We make no warranties expressed or implied on how it will be formatted by Receiver's device. If formatting is critical to your Pitch consider hosting an external file and link to it from your Pitch.

Message confidentiality

The service is designed to allow only the Pitcher as the author and the nominated Receiver as the recipient to see the Pitch. This statement does not imply privacy: the Receiver may do what they wish with the contents of the Pitch.

No agreement expressed or implied exists between the Receiver and Pitcher because of the Pitch, the Pitcher should assume the Receiver can and will use to their advantage any and all information supplied in the Pitch or inferred from it. The Pitcher should therefore carefully word the message to counter that possibility.

Offensive language

Use of offensive language is prohibited.

The receiver acknowledges that Pitch rejection and resulting Assurance Forfeit is the only, sufficient and final recourse to the Pitcher for any offence given in the Pitch message.

Pitchers who’s message has been forfeited for offensive language can be at the Companies discretion suspended for limited time or terminated indefinitely in case of recurring incidents

Payment Declined, Chargeback, Reversal, Claim or otherwise invalidated

Should the Payment Processor for any reason decline a previously authorized payment from Pitcher, we have the right to suspend the Pitcher account or limit the sending ability until Payment is collected.

If a Reversal, Chargeback or Claim against the Service is opened with the Payment Processor when we fulfilled and performed our duties to you as laid out in this agreement we reserve the right to suspend our services to You and to seek recompense for your actions.

If in your opinion we have not fulfilled our the duties set out in this agreement you can raise a support ticket outlining the problem.

Definitions

The terms Message and Pitch are used interchangeably in this agreement and throughout the site.

The terms Sender and Pitcher are used interchangeably in this agreement and throughout the site.

Data Collection

The service has an overriding policy of collecting as little user information as possible and relies on just enough to ensure that the site can perform its main service of delivering Pitches to Receivers.

We will only disclose the limited data we hold if we receive an enforceable court order to do so.

Receiver conflict of interest

The employees, contractors or agents of the entities available as the Relievers must make themselves known, which will result in their inability to receive the Pitch with the Reliever set to 'Let the Receiver choose'.

Handling the Assurance

The Service will pass the money to Relievers as soon as it is practical to do so.

We are not endorsed by any particular charity, non-profit or good cause. We call these "Relievers". We reserve the right to list Relievers of our choosing although you may Pitch to us the names of other Relievers to consider.

Should the Reliever cease to exist or if they decline the donation the money will be passed to a substitute Reliever of the Service's choosing. The substitute Reliever will be of similar locale and cause; if possible.

This Service cannot be used for fundraising activities. All monies passed to Relievers are a by-product of this Service, and in particular are based on Receiver decisions made on individual messages. The Pitcher is already favorably disposed, and willing to have a payment brokered to a Reliever before they send their Pitch.

Hyperlinks and third party sites

The site and Service may contain hyperlinks or references to external third party websites and content. These are for your convenience only. We have no control over these third parties and accept no responsibility for any content, material, or information resulting from them. We do not endorse, nor are we responsible for the content of external websites or locations. Your use of a third party website or location may be governed by the terms and conditions of that third party.

Governing law

This agreement and relationship between you and the Service is governed by Scottish Law.

No Waiver

Our failure to act with respect to a breach of this agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Availability

This website and all components of the PledgeToPitch Service are made available to you by PledgeToPitch Ltd. While we make every effort to ensure the availability of the Service we do not represent, warrant, or guarantee the availability of the Service, nor do we guarantee it's uninterupted use by you of the Service. We reserve the right to suspend or cease the operation of Service in whole or in part, with or without notice; and at our sole discretion.

Limitation of Warranties and Liability

We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.

The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.

In no event shall The Company, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be held liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:

i. Any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advized of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or

ii. Any loss or corruption of data; or

iii. Any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or.

iv. Any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.

End of the agreement wording