Guidelines/Terms
and Conditions
Please
read this carefully. By accessing and using the MBAmatch.com web
Site Services (the "Services") you are agreeing to the
terms that appear below. If you have any questions, please contact
enquiries@mbamatch.com.
This
Agreement sets out the terms on which Web Match Services International
Ltd (trading as MBAmatch.com) will provide its Services to Members,
Clients and other third parties.
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Definitions
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"Content"
means any and all such data which from time to time comprises
the MBAmatch.com Site including, without limitation, Member
and Client information, illustrations, photographs and text
or any part thereof.
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"Clients"
are organisations or other individuals who wish to access
Member details, for a variety of reasons. They may be companies
(public, private, not-for-profit, etc.), sole-traders, partnerships
or any other forms of business. Each ‘branch’, ‘regional office’
or ‘subsidiary’ of a parent Client company is deemed to be
an individual Client, needing to register individually.
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"ID"
stands for the Identification Number assigned to Members and
Clients upon successful registration.
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"Members"
are graduate alumni or student Members of UK and Irish business
schools, management colleges and other institutions, either
having already achieved or currently studying towards a Master
Degree in Business Administration (MBA).
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"Opportunities"
can take the form of, but not be limited to, full-time or
part-time employment vacancies, interim or short-term contract
employment roles, executive or non-executive directorships
(board or non-board).
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"Services"
are the ‘matching’ Services provided by MBAmatch.com via its
Web Site.
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"Site" means the Web
Site at www.mbamatch.com
owned and operated by MBAmatch.com.
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"Subscription
Fee" means the annual non-refundable Subscription Fee
for access to the MBAmatch.com Site by the Member or Client.
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"Users"
is used to denote both Members and Clients and any other parties
using the Services.
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"We",
"Us" and "Our" refers to Web Match Services
International Ltd (trading as MBAmatch.com).
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"You"
refers to the Member or Client.
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Our
Services
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The
Site Services are only open for use by registered Members
and Clients.
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There
is no specific time limit applying to your access and use
of the Site on these Terms. However, We reserve the right
to suspend or terminate your access and use of the Site at
any time. We may exercise this right with or without notice.
If applicable, notice will be given to your e-mail address
as notified to Us. In that event, notice will be deemed to
be served three hours after transmission or posting.
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Once
you have registered as a Member or Client and recorded your
information Content on Our Site, We will:
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Make
available your information Content for searching by Members
or Clients for a period of 12 months, subject to these Terms
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Run
the respective database matching Services as described on
Our Site
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Run
all other Services along the lines described on Our Site.
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Use
of MBAmatch.com Content
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By
registering with Us you are giving Us your authority to disclose
any or all of the data held about you on Our database to other
registered Clients or Members, for the purposes of providing
Our Services to you, in accordance with the procedures described
on Our Site.
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Members
and Clients providing information to Us agree to assign copyright
of the information to Us for the purposes of the Services
to be provided.
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All
material on the Site and information provided by Members and
Clients (the "Content") belongs to Us. You may retrieve
and display Content from the Site on a computer screen, print
individual pages on paper (but not photocopy them) and store
such pages in electronic form on disk (but not on any server
or other storage device connected to a network) for your personal,
non-commercial use (except in the case of Clients, who are
permitted to use the information retrieved for purposes of
filling Opportunities held by their Clients).
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Except
as expressly set out above, you may not reproduce, modify
or in any way commercially exploit any of the Content. In
particular, but without limiting the general application of
the restrictions contained in the preceding sentence, you
may not do any of the following without prior written permission
from Us:
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redistribute
any of the Content (including by using it as part of any
library, archive or similar service);
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remove
the copyright from any copies of Content made under these
Terms;
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create
a database in electronic or structured manual form by systematically
downloading and storing all or any of the Content.
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Registration
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On
registration, you must provide Us with accurate, complete
registration information and it is your responsibility to
inform Us of any changes to that information (including in
particular your email address) by updating your details on
the Site. This is important for accurate searching on Member,
Client and opportunity details.
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On
registration, you will be assigned a Member or Client ID and
have the opportunity to choose a password of your liking.
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Each
Member registration is for a single Member only. We do not
permit:
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any
other person sharing your Member ID and password;
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access
through a single name and password being made available
to multiple users on a network.
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Client
registration can be for several contacts at the same
Client address, but separate Client registrations are necessary
for organisations (and their subsidiaries) with more than
one office.
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You (the person registering for
themselves or their organisation) are responsible for all
use of the Site made by you or anyone else using your ID and
password and for preventing unauthorised use of your ID. If
you believe there has been any breach of security such as
the disclosure, theft or unauthorised use of your ID or any
payment information, you must notify Us immediately by emailing
either member_support@mbamatch.com
(for Members) or client_support@mbamatch.com
(for Clients).
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Information
Content
Information
Content will be accessible on payment of the respective charges
as specified on Our Site. All payments (including any applicable
taxes) must be made by credit card alone (for Members) and credit
card or cheque (for Clients). If We (or Our designated agent)
do not receive payment authorisation from your credit card clearing
service or cheque clearing service, We may immediately suspend
your use of the Site. You are responsible for the payment of all
charges associated with the use of the Site using your Member
or Client ID.
We
shall not be held responsible for checking the information supplied
by you, for any error. (However, We retain the right at Our absolute
discretion to amend any text which in Our reasonable belief contains
a manifest error).
You
will be responsible for maintaining the accuracy of the data relating
to yourself.
If
your use of the Site is terminated by Us, you will be entitled
to receive a refund of any credits that remain unused at the time
of termination (unless your use is terminated because you are
in breach of these Terms). You will still be responsible for any
fees or other charges incurred by you until the termination of
your rights to use the Site.
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Advertising
and Sponsorship
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Part
of the Site may contain advertising and sponsorship from third
parties. Advertisers and sponsors are responsible for ensuring
that material submitted for inclusion on the Site complies
with international and national law. We will not be responsible
for any error or inaccuracy in advertising material.
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In line with Our Privacy
Policy, no Member or
Client information will be passed directly to advertisers
or sponsors by us.
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We
are not responsible for the compliance or otherwise of the
material provided by such advertisers and sponsors and their
compliance or otherwise with voluntary or statutory codes
or provisions and can provide no warranty that We will not
take advertisement or sponsorship from competitors of Members
or Clients, or other third parties using Our Services.
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Confidentiality
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Your
attention is drawn to Our Privacy
Policy which forms part of this agreement.
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On
termination of this agreement MBAmatch.com and the Member
or Client will ensure the continuance of confidentiality in
accordance with the terms of this agreement.
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Privacy
Policy
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The information that you provide
about yourself to Us will only be used by us in accordance
with Our Privacy
Policy. This includes
using your information for the effective administration of
the Site and to communicate with you.
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Pricing
and Payment Options
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You,
the Member or Client, agree to pay Us for the Services provided,
in accordance with the pricing structure shown on the Site.
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Prices
may be subject to amendment from time to time by Us. We will
provide details of such amendments to the Member or Client
(via postal mail, e-mail or the Web Site itself) with a minimum
30 days notice. In the case of e-mail notice shall be deemed
to have been received three hours after the time of transmission.
In the case of postal mail, it shall be three days and in
the case of the Web Site, it shall be three hours after publishing.
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For
Members and Clients taking out annual subscriptions, fee changes
will not be implemented during the course of the one year
subscription period, but will come into force at the time
of renewal.
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Your
attention is drawn to the Site Content page labelled ‘Pricing’.
The conditions described on this page are deemed to form part
of these contract terms and conditions.
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We
reserve the right to introduce other charges as new and/or
enhanced Services are developed.
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For
Members, all Subscription Fees will be collected via on-line
credit or debit card payments.
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For
Clients, We encourage all Clients to pay for Our Services
on-line using the many credit or debit card options. However,
Clients who choose to pay by invoice must ensure that payment
is received by Us within ten (10) days of the invoice date.
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Accounts
not settled within 10 days of the date of invoice shall be
deemed overdue and We reserve the right to charge interest
on such sums on a day to day basis (as well after as before
any judgement) from the date or last date for payment thereof
to the date of actual payment (both dates inclusive) at the
rate of four per cent (4%) per annum above the base rate from
time to time of Barclays Bank plc in London United Kingdom
compounded monthly. Such interest shall be paid on demand.
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We
reserve the right to suspend the Member or Client’s use of
the MBAmatch.com Site for non payment, without prior notice.
The Member or Client shall be liable for all costs of collection
incurred by Us including, without limitation, legal fees in
collecting overdue sums.
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All
fees must be paid in Sterling, unless We specify otherwise.
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Changes
to these Terms
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We
reserve the right, at Our discretion, to make changes to any
part of the Site.
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Due
to Our policy of updating and improving the Site, We may wish
to change these Terms (including those relating to your use
of the Content and Our prices). It is incumbent upon you to
check for changes from time to time. If you use the Site after
We have published any changes, you are agreeing to be bound
by those changes. If you do not agree to be bound by those
changes, you should not use the Site any further after they
are published at the end of these Terms or after you receive
notice of them.
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Contract
Term and Notice of Termination
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For
new Members and Clients, or those who are re-registering having
been a Member or Client before, this agreement shall be effective
for a minimum duration of twelve calendar months and shall
continue thereafter from year to year, until terminated by
either party, by providing a minimum of 30 days notice in
writing or by electronic mail. We will confirm receipt of
such instruction.
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The
date the notice period is deemed to have started will be the
date on which the ‘notice to terminate confirmation’ is sent
by us. We will then refund the Member or Client with any monies
already paid.
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Members
and Clients terminating within the first twelve months will
not be entitled to any refund of monies paid and, in the case
of Clients receiving monthly invoices, these Clients will
be expected to pay the remainder of the twelve month fee in
one lump sum on demand.
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Right
to Decline Service
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We
reserve the right to decline providing Our Services to potential
Members, Clients or other parties with whom We do not wish
to enter into agreement.
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Where
a potential Member, Client or other party is refused registration
by Us, although quite unlikely, We may choose not to disclose
Our reason for declining service.
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Force
Majeure
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We
will not be liable to the Member or Client for any breach
of Our obligations under this Agreement as a result of any
event or matter beyond Our reasonable control including, without
limitation, strikes, lock-outs, trade disputes, defaults of
suppliers or licensors, failure of any telecommunication system,
failure of the World Wide Web, any computer system or any
internet service provider, failure by any supplier to supply
any service (including Content and Software) and any act of
God or any government or regulatory authority.
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Limitation
of Liability and Disclaimer
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Whilst
Members and Clients are expected to adhere to Our Code of
Conduct, the Content does not constitute any form of advice,
recommendation or arrangement by Us and is not intended to
be relied upon by Users in making (or refraining from making)
any specific recruitment or other decisions. Appropriate independent
advice should be obtained before making any such decision.
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Any
arrangements made between you and any third party named on
this Site including, but not restricted to, Members and Clients,
are at your sole risk and responsibility.
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We
rely on the World Wide Web for delivery of the Our Site to
Members and Clients and without limiting the foregoing, whilst
We will use all reasonable efforts to minimise delays and
interruptions in the delivery and/or updating of the Site,
We will not be liable to the Member or Client or other third
party using Our Services, in any manner whatsoever for any
consequences of such delay or interruption.
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We
will not be liable for any damages (including without limitation,
damages for loss of profits) arising in contract, tort or
otherwise from use or inability to use the Site or any Content
or from any action taken (or refrained from being taken) as
a result of using the Site or any Content.
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The
Site may contain links to other World Wide Web sites, either
directly or through frames and, where possible, We will make
clear where such links are being made. Those sites are provided
by independent third parties and We are not responsible for
their availability or Content.
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Warranties
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Because
of the number of sources from which We obtain Content and
the nature of electronic distribution via the World Wide Web/Internet,
We do not give any warranties in respect of the Site nor Our
Services. In particular, the Site is provided on an "as
is" and "as available" basis and We do not
guarantee the accuracy, timeliness, completeness, performance
or fitness for a particular purpose of the Site or any Content.
All implied warranties are excluded from these terms to the
extent that they may be excluded as a matter of law. Additionally,
We make no warranty that the Site is Year 2000 ready or free
from infection by viruses or anything else that has contaminating
or destructive properties. You are advised to take all necessary
precautions to insure against the above, or any other computer
and telecommunications related problems.
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Indemnity
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The
Member or Client agrees to indemnify MBAmatch.com and hold
Our employees, agents, officers, directors and other representatives
harmless from and against all liabilities, damages, claims,
actions, costs and expenses (including legal fees) which We
may suffer or incur, in connection with or arising from any
of the Member or Client’s breach of this Agreement and use
of the MBAmatch.com Site.
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Where
any action is brought against Us in respect of such breach
or use, We may participate in the defence of any claim or
action, and any negotiations for settlement, and We reserve
the right, at Our own expense, to formally assume the exclusive
defence and control of any claim or action whereupon the Member
or Client’s obligations under this clause shall cease.
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Choice
of Law and Jurisdiction
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Clients,
Members and other third parties must ensure compliance with
the all aspects of English and International law.
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These
Terms shall be governed by, and construed in accordance with
English law.
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All
parties irrevocably agree that the courts of England shall
have exclusive jurisdiction to settle any dispute which may
arise out of, under, or in connection with these Terms or
the legal relationship established by them, and for those
purposes irrevocably submit all disputes to the jurisdiction
of the English courts.
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General
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You
may not assign, sub-license or otherwise transfer any of your
rights under these Terms.
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If
any provision of these Terms is found to be invalid by any
court having competent jurisdiction, the invalidity of that
provision will not affect the validity of the remaining provisions
of these Terms, which shall remain in full force and effect.
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Failure
by either party to exercise any right or remedy under these
Terms does not constitute a waiver of that right or remedy.
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Headings
in these Terms are for convenience only and will have no legal
meaning or effect.
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