Terms of Service

Last revision: 29th July 2018
  1. Who We Are

    Potential Investments Limited (“We“, “Us” and “Our“) operate the website www.decksender.com (“Website”) and other applications (collectively the “Service”). We are a company registered in England and Wales under company number 07388728. Our registered office is at First Floor Dorna House Two, Guildford Road, West End, Surrey, England, GU24 9PW.

  2. What We Do

    The Service provides a platform:

    1. for startup business founders to find business investors and share their funding proposals with them.
    2. for founders and investors to connect, engage and interact.
    3. for third party service providers to provide support services to both business founders and investors.


  3. Terms of Service
    1. We provide the user of the Service (“You” and “Your“) with access to the Service on and subject to the following Terms of Service (“TOS“), which may be updated by Us at any time without notice to You. You should read these TOS carefully before using any part of the Service. The most current version of the TOS at any time can be found by accessing the “Terms of Service” link on Our Website.

    2. Please check the TOS every time You wish to use the Service to ensure You understand the terms that apply at that time. You are also responsible for ensuring that all persons who access the Service through Your User account on the Service are aware of these TOS and that they comply with them.

    3. If You do not agree to the TOS You should immediately exit Our Website and cease to use the Service. If You are a registered user of Service, You will be required to delete Your profile.

  4. Communication Between You and Us

    The easiest way to communicate with Us is to email Us at [email protected]. If We have to contact You We will do so by writing to You at the email address You provided to Us in the Registration Data referred to below. When We refer in the TOS to “in writing” or “written“, this will include e-mail.

  5. Account Registration
    1. You will:

      1. provide true, accurate, current and complete information about You as prompted by the Service account registration form on the Website (such information being the “Registration Data“); and
      2. maintain and promptly update the Registration Data to keep it true, accurate and complete.


    2. If You provide any Registration Data or other information that is untrue, inaccurate or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, We may suspend or terminate Your account and refuse any and all current or future use of the Service (or any part thereof).

  6. Account Security

    You are responsible for maintaining the confidentiality of Your account and password. You must immediately notify Us of any unauthorised use of Your password or account or any other breach of security. We do not accept any liability for any loss or damage arising from Your failure to comply with this responsiblity.

  7. Your Use of The Service
    1. You understand and agree that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (“Content“), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. You acknowledge that We do not control and may not pre-screen the Content posted by users of the Service (including You) and therefore We cannot (and do not) guarantee the accuracy, integrity or quality of such Content.

    2. You are solely responsible for all Content that You upload, transmit or otherwise make available via the Service. You agree to comply with all applicable laws regarding the transmission of data from the country in which You reside.

    3. You agree not to use the Service to upload, post, email, transmit or otherwise make available any Content that:

      1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, invasive of another’s privacy, sexually explicit or pornographic, hateful, or racially, ethnically or otherwise objectionable;
      2. amounts to personal attacks on others or make disparaging remarks about any person or entity and/or stalk or otherwise harass others;
      3. interferes with anyone else’s use and enjoyment of the Service;
      4. encourages, incites, solicits or promotes illegal or criminal activities (including market manipulation, pornography, terrorism, explosives, weapons, drugs, programming viruses, computer hacking and copyright infringement)
      5. abuses, threatens, promotes, or instigates physical harm or death;
      6. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
      8. impersonates any person or entity;
      9. has had identifiers manipulated in order to disguise its origin;


    4. You agree not to:

      1. use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail” or “spam”;
      2. interfere with or disrupt the Service or servers or networks connected to the Service;
      3. use the Service to stalk or otherwise harass other users; or
      4. use the Service to collect or store personal data about other users.


    5. We may remove any Content which violates the TOS or which We deem to be offensive, indecent or objectionable. Furthermore, We may retain and disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to:

      1. comply with any legal process;
      2. enforce the TOS;
      3. respond to claims that any Content violates the rights of third-parties; or
      4. protect the rights, property, or personal safety of Us, Our other users or the public.


    6. We do not guarantee that the Service or any Content will always be available. We may suspend, withdraw or restrict the availability of all or any part of the Service and/or Content for business and/or operational reasons. We will try to give You reasonable notice of any suspension or withdrawal but may do so without notice.

  8. Viruses and Bugs


    1. We do not guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring and protecting Your information technology, computer programmes and platform to access the Service. You should use Your own virus protection software.
    2. You agree to not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which any part of the Service is stored or any server, computer or database connected to the Service. You must not attack any part of the Service via a denial-of-service attack. By breaching this section, Your right to use the Service will cease immediately and You would commit a criminal offence. We will be entitled to report any such breach to the relevant law enforcement authorities and may co-operate with those authorities by disclosing Your identity to them.


  9. Our Copyrights, Trademarks and other Proprietary Rights
    1. Our trademarks, service marks and logos are registered and unregistered trade marks (the “Trade Marks“). Your use of the Service does not grant You a licence or right to use Our Trade Marks.

    2. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software“) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software. You further acknowledge and agree that Content contained in information presented to You through the Service or by Our partners is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

    3. Except as expressly authorised by Us (or Our partners in the case of their Content), You agree not to copy, reproduce, modify, distribute, transmit, publish, license, use, resell, rent, lease, loan, all or any part of the Service, the Software or Content contained in information presented to You through the Service, or create derivative works based on any of the same, in whole or in part. 

    4. We grant You a personal, non-transferable, revocable and non-exclusive right and licence to:

      1. use the Service, provided that such use is in accordance with these TOS;
      2. print or download extracts of information obtained by You through the Service for Your personal non-commercial use;
      3. copy information obtained by You through the Service for the purpose of sending to individual third parties for their personal non-commercial information, provided that You acknowledge Us as the source of the information and that You ensure that the third parties comply with these conditions as if they were a party to them; and
      4. use Our API to access and extract into Your own systems the relevant data that We from time to time make available for such purpose (“ Extraction Data “), and the right to use the Extraction Data for commercial and/or non-commercial purposes, provided that in each case, You agree not to access the Service or otherwise try to extract the Extraction Data, by any means other than through the interfaces that are provided by Us.


  10. Your Copyrights and Content
    1. We do not own nor claim claim ownership of Content You submit to or make available for inclusion on the Service. With respect to Content You submit to or make available for inclusion on, the Service, via areas of the Service that are:

      1. publicly accessible, You grant Us, a world-wide, royalty free, non-exclusive, perpetual, irrevocable and fully sub-licensable licence to use, distribute, reproduce, modify, adapt, publish, translate and display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed; and
      2. non-publicly accessible, You grant Us, a world-wide, royalty free, non-exclusive, irrevocable licence to use, distribute, reproduce, modify, adapt, publish, translate and display such Content (in whole or in part) on the Service, solely for the purpose for which such Content was submitted or made available. This licence remains in effect for as long as You choose to continue to include such Content on the Service and will terminate when You remove or We remove such Content from the Service.


    2. For the purpose of this section,publicly accessible” areas of the Service are those areas that are intended by Us to be available to the general public. Publicly accessible areas of the Service would not include portions of the Service intended for private communication.

  11. Linking to Our Service
    1. You may link to Our Website, provided You do so in a way that is fair and legal and does not damage Our reputation. You must not establish a link in such a way as to suggest any form of association with, approval of, or endorsement by Us where none exists. You must not establish a link to Our Website in any website that is not owned by You. Our Website must not be framed on any other website. We reserve the right to withdraw linking permission at any time. If You wish to link or make use of Content on Our Website other than that set out in this section, please email us at %a{:href => “mailto:[email protected]”} [email protected]

    2. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided for Your information only. Such links should not be interpreted as approval by Us of those links or information You may obtain from them. We have no control over the contents of those websites or resources and are not responsible for the availability of such sites or resources, and do not endorse any Content, advertising, products, or other materials on or available from such sites or resources. We accept no responsibility or liability, directly or indirectly, for damage or loss caused or alleged to be caused by or in connection with use of or reliance on, any such any information or Content contained in any such site or resource.

  12. Protecting Your Data
    1. For the purposes of this section, the terms “personal data“, “controller“, and “processing“, will have the meanings set out under applicable Data Protection Laws. Data Protection Laws means EU Directive 95/46/EC as amended, replaced or superseded from time to time, including, from 25 May 2018, EU General Data Protection Regulation 2016/679 and, to the extent applicable, the data protection or privacy laws of any other country.

    2. Our Privacy Policy sets out the terms on which We process any personal data We collect from You or that You provide to Us.

    3. Where You copy material from the Website or Our other Service for Your own use, to the extent that such material includes personal data, You acknowledge and agree that You will act as controller in relation to the personal data which You process and You agree to comply with all applicable Data Protection Laws.

    4. Other users or third parties may, consistent with Your preferences and the information You provide, process, access and/or share Your information (including any personal data). To the extent that a third party makes such use of Your personal data, You acknowledge and agree that they will do so as controller and We will have no control over their processing of Your personal data.

  13. Terminating Your Use of Our Service
    1. You agree that We, in Our sole discretion, may terminate the password, account (or any part thereof) or Your use of the Service, and remove and discard any Content within the Service, for any reason. We may also in Our sole discretion and at any time discontinue providing the Service (or any part thereof), with or without notice. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, You agree that We will not be liable to You or any third-party for any termination of Your access to the Service.

  14. Disclaimer
    1. We take all reasonable care to ensure that information obtained by You through the Service is correct, but We are providing the Service on an “AS IS” basis and we make no representation or warranty of any kind regarding the Service or information obtained by You through the Service. You should be aware that information obtained by You through the Service, may be incomplete, out of date, inaccurate, incorrect or unsuitable for any purpose. It is therefore essential that You verify all such information or take appropriate professional advice before taking any action in reliance upon it.

    2. You expressly understand and agree that Your use of the Service is at Your sole risk and that the Service is provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim all warranties of any kind, whether express or implied. Any material downloaded or otherwise obtained through use of the Service is done at the sole discretion and risk of You and You will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Us or through or from the Service will create any warranty not expressly stated in these TOS.

    3. You understand, acknowledge and agree that the Service is designed as an information and networking tool only, and that We are not engaged in providing, nor are We representing ourselves as providing legal, tax, financial, accounting, or other professional advice or opinions of any nature whatsoever to You.

    4. Information obtained by You through the Service is not intended to constitute a financial promotion for the purposes of the Financial Services and Markets Act 2000. In addition, information obtained by You through the Service does not amount to a recommendation or advice by Us, on the merits of any transaction or service. We are therefore not responsible for providing You with the protection which would ordinarily be afforded to clients by FCA regulated firms and You should seek Your own legal, investment and tax advice before acting on information obtained through the Service.

    5. You understand, acknowledge and agree that information obtained through the Service is for information purposes only and not investment advice and that it is Your own responsibility to obtain independent legal, tax, financial, accounting, or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or investment based on any of the information obtained via the Service.

  15. Your Indemnity
    1. You agree that You are responsible for and will pay to Us, Our officers, directors, employees, agents, licensors and suppliers all amounts which cover all losses, expenses, damages and costs, including legal fees reasonably incurred, resulting from any violation of these TOS or any activity related to Your account (including negligent or wrongful conduct), by You or any other person accessing Our Website using Your account.

  16. Limitation of Our Liability
    1. Your Permitted Use of Our Service is allowed on the condition that you accept and abide by these terms

    2. We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      Subject to the this, Our liability to You or any third party, and the liability of our affiliates, officers, directors, agents and employees, in any circumstance is limited to one hundred pounds sterling (£100).

    3. We will not be liable for:

      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss of business opportunity, goodwill or reputation; or
      5. any indirect or consequential loss or damage.


    4. Subject to section 16.2, We exclude all implied conditions, warranties, representations or other terms that may apply to the Service (including any Content submitted to or made available on, the Service) and we will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

      1. the use or the inability to use the Service; or
      2. the use of or reliance on any Content obtained through the Service; or
      3. any agreement, understanding or relationship You enter into with any other person or entity with whom You have been put in contact through the Service.


    5. Subject to section 16.2, You understand, acknowledge and agree that We do not (in any manner whatsoever) endorse other users of the Service or information or pitch decks presented to You by such users. We will not be held liable for any claims of any nature whatsoever arising or resulting from any information or pitch deck of any of other users.

    6. The exclusions and restrictions of liability contained in these TOS are considered reasonable by You.

  17. Jurisdictional Exclusions and Limitations
    1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. Accordingly, some of the above limitations of sections 14 and 16 may not apply to You.

  18. Other Relevant Information
    1. Each of the provisions contained in these TOS will be construed as being independent of every other and if any provision contained in the TOS is determined to be invalid or unenforceable pursuant to applicable law, such determination will not affect the validity of the remainder of these terms which will continue in effect with the invalid provision deemed deleted.

    2. The Service is operated and controlled from the EU and these terms and Your use of the Service is governed by and construed in accordance with the laws of England and Wales.

    3. These TOS (and any documents referred to herein) constitute the entire agreement between You and Us and govern the use of the Service by You, superseding any prior agreements between You and Us. You also may be subject to additional terms that may apply when You use affiliate services, third-party content or third-party software. The failure of Us to exercise or enforce any right or provision of the TOS, will not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in these TOS are for convenience only and have no legal or contractual effect.