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 us.
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.
- Definitions
- "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.
- "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.
- "ID" stands for the Identification Number assigned to Members and Clients upon successful registration.
- "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).
- "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).
- "Services" are the ‘matching’ Services provided by MBAmatch.com via its Web Site.
- "Site" means the Web Site at www.mbamatch.com owned and operated by MBAmatch.com.
- "Subscription Fee" means the annual non-refundable Subscription Fee for access to the MBAmatch.com Site by the Member or Client.
- "Users" is used to denote both Members and Clients and any other parties using the Services.
- "We", "Us" and "Our" refers to Web Match Services International Ltd (trading as MBAmatch.com).
- "You" refers to the Member or Client.
- Our Services
- The Site Services are only open for use by registered Members and Clients.
- 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.
- Once you have registered as a Member or Client and recorded your information Content on Our Site, We will:
- Make available your information Content for searching by Members or Clients for a period of 12 months, subject to these Terms
- Run the respective database matching Services as described on Our Site
- Run all other Services along the lines described on Our Site.
- Use of MBAmatch.com Content
- 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.
- 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.
- 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).
- 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:
- redistribute any of the Content (including by using it as part of any library, archive or similar service);
- remove the copyright from any copies of Content made under these Terms;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
- Registration
- 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.
- On registration, you will be assigned a Member or Client ID and have the opportunity to choose a password of your liking.
- Each Member registration is for a single Member only. We do not permit:
- any other person sharing your Member ID and password;
- access through a single name and password being made available to multiple users on a network.
- 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.
- 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).
- 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 cancellation (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 cancellation of your rights to use the Site.
- Advertising and Sponsorship
- 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.
- In line with Our Privacy Policy, no Member or Client information will be passed directly to advertisers or sponsors by us.
- 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.
- Confidentiality
- Your attention is drawn to Our Privacy Policy which forms part of this agreement.
- On cancellation of this agreement MBAmatch.com and the Member or Client will ensure the continuance of confidentiality in accordance with the terms of this agreement.
- Privacy Policy
- 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.
- Pricing and Payment Options
- You, the Member or Client, agree to pay Us for the Services provided, in accordance with the pricing structure shown on the Site.
- 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.
- 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.
- 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.
- We reserve the right to introduce other charges as new and/or enhanced Services are developed.
- For Members, all Subscription Fees will be collected via on-line credit or debit card payments.
- 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.
- 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.
- 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.
- All fees must be paid in Sterling, unless We specify otherwise.
- Changes to these Terms
- We reserve the right, at Our discretion, to make changes to any part of the Site.
- 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.
- Contract Term and Notice of Cancellation
- 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.
- 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.
- 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.
- Right to Decline Service
- 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.
- 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.
- Force Majeure
- 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.
- Limitation of Liability and Disclaimer
- 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.
- 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.
- 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.
- 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.
- 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.
- Warranties
- 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.
- Indemnity
- 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.
- 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.
-
- Choice of Law and Jurisdiction
- Clients, Members and other third parties must ensure compliance with the all aspects of English and International law.
- These Terms shall be governed by, and construed in accordance with English law.
- 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.
- General
- You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
- 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.
- Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- Headings in these Terms are for convenience only and will have no legal meaning or effect.