OUR TERMS & CONDITIONS
WELCOME TO MATCHABLE, AN ONLINE PLATFORM MATCHING COMPANIES AND THEIR EMPLOYEES TO VOLUNTEERING PROJECTS AT NON-PROFITS (CHARITIES AND SOCIAL ENTERPRISES) AND IMPACT STARTUPS. THESE TERMS OF USE (“TERMS”) ARE INTENDED TO EXPLAIN OUR OBLIGATIONS AS A SERVICE PROVIDER AND YOUR OBLIGATIONS AS A CUSTOMER. PLEASE READ THEM CAREFULLY.
These Terms are binding on any use of the Service and apply to You from the time that Matchable provides You with access to the Service.
The Matchable Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Matchable Service. Matchable reserves the right to change these terms at any time, effective upon the posting of modified terms and Matchable will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.
By registering to use the Service You acknowledge that You have read and understood these Terms.
These Terms were last updated at close of business on 13th September 2021.
1. DEFINITIONS
"Agreement" or “Terms”
means these Terms of Use.
"Access Fee"
means the fee payable by Your employing company in order to provide You with access to the Service.
"Confidential Information"
includes all confidential information exchanged between the parties to this Agreement, whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
"Data"
means any data inputted by You or with Your authority into the Website.
"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Service"
means the online volunteer matching services made available (as may be changed or updated from time to time by Matchable) via the Website.
"Website"
means the internet site at the domain or subdomain matchable.uk or wearematchable.com or any other site operated by Matchable.
"Matchable"
means Matchable Ltd, which is a limited company registered at Companies House with registered number 11826420 and registered office at 7 Bell Yard, London, WC2A 2JR.
"Subscriber"
means the person or entity that registers to use the Service.
"You"
means the Subscriber. "Your" has a corresponding meaning.
2. USE OF THE WEBSITE AND THE SERVICE
Matchable grants You the right to access and use the Service via the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
3. YOUR OBLIGATIONS
3.1 General obligations:
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Matchable or condition posted on the Website. You may not use the Service and Website on behalf of any person other than Yourself or your employer organisation. If you would like to use Matchable on behalf of a third party please contact us by email at hello@wearematchable.com.
3.2 Access conditions:
1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Matchable of any unauthorised use of Your passwords or any other breach of security and Matchable will reset Your password and You must take all other actions that Matchable reasonably deems necessary to maintain or enhance the security of Matchable's computing systems and networks and Your access to the Services.
2. As a condition of these Terms, when accessing and using the Services, You must:
i. not attempt to undermine the security or integrity of Matchable's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
ii. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
iii. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
iv. not transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
v. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
3.3 Indemnity:
You indemnify Matchable against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Matchable.
4. CONFIDENTIALITY AND PRIVACY
4.1 Confidentiality:
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
2. Each party's obligations under this clause will survive termination of these Terms.
3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
i. is or becomes public knowledge other than by a breach of this clause;
ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
iv. is independently developed without access to the Confidential Information.
4.2 Privacy:
Matchable maintains a privacy notice that sets out how and why Matchable processes “personal data” of various categories of individuals and how it protects that data in accordance with its legal obligations. Some of that personal data may be Your person data. You should read that policy at wearematchable.com/matchable-privacy-policy and you will be taken to have accepted that policy when you accept these Terms.
5. INTELLECTUAL PROPERTY
5.1 General:
Title to, and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service, including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, remain the property of Matchable or its licensors.
5.2 Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Matchable Access Fee when due. You grant Matchable a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
5.3 Backup of Data:
You must maintain copies of all Data inputted into the Service. Matchable adheres to its best practice policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of Data. Matchable expressly excludes liability for any loss of Data no matter how caused.
6. WARRANTIES AND ACKNOWLEDGEMENTS
6.1 Authority:
You warrant that where You have registered to use the Service on behalf of a Subscriber, You have the authority to agree to these Terms on behalf of that Subscriber and agree that by registering to use the Service You bind the Subscriber to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
6.2 Acknowledgement:
You acknowledge that:
1. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
2. Matchable has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.
3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
4. Matchable does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Matchable is not in any way responsible for any such interference or prevention of Your access or use of the Services.
5. Matchable, the Website and the Service are not able to and do not provide legal advice. Matchable is not Your data protection officer and use of the Service does not constitute the provision of or receipt of legal advice. If You have any questions requiring legal advice, please contact a qualified lawyer.
6. It is Your sole responsibility to determine that the Services are suitable for the purposes for which they are used.
7. You remain solely responsible for complying with all applicable data protection, privacy and other laws. It is Your responsibility to check that You comply with laws applicable to you (including any laws requiring you to protect personal data and retain records).
6.3 No warranties:
Matchable gives no warranty about the Service. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
Although we use all reasonable efforts to keep the content and information available on the Website and via the Service up-to-date, please note that Matchable makes no representations, warranties or guarantees, whether express or implied, that such content and information is always complete or up-to-date.
6.4 Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Services as part of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms.
7. LIMITATION OF LIABILITY
1. To the maximum extent permitted by law, Matchable excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
2. If You suffer loss or damage as a result of Matchable's negligence or failure to comply with these Terms, any claim by You against Matchable arising from Matchable's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by Your employer in the previous 12 months.
3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
4. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
8. TERM AND TERMINATION
8.1 Your rights to terminate at any time:
These Terms will continue for the period covered by the Access Fee paid or payable. Either party can terminate these Terms by giving notice to the other party at least 30 days before the end of the relevant period.
If you want to give notice to terminate this Agreement in accordance with the clause above, you can send us an email to hello@wearematchable.com.
If you choose to terminate this agreement, Matchable will not provide any refund to your employer for any remaining prepaid period for a prepaid Access Fee subscription.
8.2 Our rights to terminate this Agreement:
If You:
1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
2. breach any of these Terms and the breach is not capable of being remedied; or
Then Matchable may take any or all of the following actions, at its sole discretion:
Terminate this Agreement and Your use of the Service and the Website;
Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
Suspend or terminate access to all or any Data;
Take either of the actions above in respect of any or all other persons whom You have authorised to have access to the Service or Your information or Data;
8.3 Effects of Termination and Accrued Rights:
If this Agreement is terminated by either party under clause 8.1 or 8.2, then for 30 days from that date on which termination takes effect, we will continue to provide You access to the Website and Service solely for the purposes of downloading your records that are stored in the Service.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will immediately cease to use the Services and the Website.
8.4 Expiry or termination:
Clauses 3.1, 4, 5, 6, 7, 8 and 11 survive the expiry or termination of these Terms.
9. SUPPORT AND AVAILABILITY
9.1 Technical Problems:
In the case of technical problems please check the FAQs and support provided online by Matchable and make all reasonable efforts to investigate and diagnose problems Yourself and if You still need technical help, then please email us at hello@wearematchable.com.
9.2 Service availability:
Whilst Matchable intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Matchable has to interrupt the Services for longer periods than Matchable would normally expect, Matchable will use reasonable endeavours to publish in advance details of such activity on the Website.
10. LINKED WEBSITES
Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We assume no responsibility for the content of websites linked on our sites. We have no control over the contents of those sites or resources and will not be liable for any loss or damage that may arise from your use of them.
11. GENERAL
11.1 Entire agreement:
These Terms, together with the Matchable Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Matchable relating to the Services and the other matters dealt with in these Terms.
11.2 Waiver:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
11.3 Delays:
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
11.4 No Assignment:
You may not assign or transfer any rights to any other person without Matchable's prior written consent.
11.5 Governing law and jurisdiction:
This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
11.6 Severability:
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
11.7 Notices:
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Matchable must be sent to hello@wearematchable.com or to any other email address notified by email to You by Matchable. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
11.8 Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
11.9 Any concerns?
We aim to provide a great service to you. If you have any concerns about content which appears on the Website or Service, please contact us at hello@wearematchable.com.