Terms and Conditions

BACKGROUND

Market-Matcher is a platform designed to connect Brand Owners and Distributors.

These Terms set out the terms under which:

  • Brand Owners can register with us and submit Profile Listings on Our Site, either under a Free Listing or a Paid Listing; and
  • Distributors can register with us and view Profile Listings free of charge.

You will be required to read and accept these Terms when you submit an Account Request on Our Site. If you do not agree to comply with and be bound by these Terms, you will not be able to register as either a Distributor or a Brand Owner.

Whether you are a Distributor, or a Brand Owner, differing Terms may apply.  For ease of reference, We have set out an index to the Terms so you can scroll down to them easily.

These Terms must be read in conjunctions with our Website Terms of Use and Acceptable Use Policy and our Privacy and Cookies Policy which are available to view on Our Site INSERT LINKS and they apply equally to these Terms as if they were written out in full.

TERMS THAT APPLY TO ALL USERS

  1. Definitions and interpretation
  2. Information about Us
  3. Access to and Use of Our Site
  4. Accounts – How contracts are formed
  5. Our Platform
  6. Business Users and Account Listings
  7. Intellectual Property Rights
  8. Acceptable Use Policy
  9. How We Use Your Personal Information (Data Protection)
  10. Other Important Terms
  11. Law and Jurisdiction
  12. Reviews
  13. Ranking

TERMS THAT APPLY TO DISTRIBUTORS

  1. General
  2. Our Liability

TERMS THAT APPLY TO BRAND OWNERS

  1. Paid Listings
  2. Payment
  3. Our Services
  4. Our Liability
  5. Brand Owner Rules
  6. Problems with Our Service
  7. Ending the Contract
  8. Events Outside of Our Control (Force Majeure)

TERMS THAT APPLY TO ALL USERS

1. Definitions and Interpretation

1.1       In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required to access and/or use certain areas of Our Site, including Our Platform;

“Brand Owner” means a User who submits a Listing Profile on Our Site under a Free or Paid Listing showcasing their products or services;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Distributor” means a User registered to use Our Platform to showcase their services and find information on Brand Owners;

“Fees” means the amounts due to Us for a Paid Listing;

“Free Listing” means a Profile Listing posted in Our Site by a Brand Owner;

“Our Site” means this website, http://www.market-matcher.com/;

“Paid Listing”means a Profile Listing posted on Our Site by a Brand Owner that will afford the Brand Owner additional access to Distributor information in exchange for a Fee;

“Platform” means Our platform connecting Brand Owners and Distributors on Our Site;

“Profile Listing” means any Account profiling the details of a Brand Owner or Distributor, as the context permits on Our Site;

“Services” means those services that we provide on our Site;

“User” means a user of Our Site;

“User Content” means any Content added to Our Site by a User;

“VAT” means  value added tax chargeable under the Value Added Tax Act 1994.

“We/Us/Our”means Market-Matcher Limited, a company registered in England under company number 11919493 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.  Our VAT Number: 334 0684 14.

 

  1. Information About Us

2.1       Our Site is owned and operated by Us.

2.2       You can contact us by:

  • writing to us at Market-Matcher Limited, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
  • emailing us at enquiries@market-matcher.com.
  1. Access to and Use of Our Site

3.1       Access to Our Site is free of charge.

3.2       It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3       Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4       You may only register for an Account if you are at least 18 years of age and acting in the course of a business, trade or profession.

  1. Accounts – How Contracts Are Formed

4.1       In order to submit a Profile Listing, you will be required to open an Account.  The Account will give you access to your own dashboard, for you to personalise.  Our Site will guide you through the information that will be required for Profile Listings.  Once you have created your Account, Brand Owners will be given the option to choose a Free or Paid Listing.

4.2       If, during or after the Account process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Account request due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Account and treat the Contract as being at an end.  We will not be responsible for any delay in the completion of the transaction or in the appearance of your Profile Listing on Our Site that results from you providing incorrect or incomplete information.

4.3       We do not check the accuracy of, or the information contained in any Profile Listing and therefore the Profile Listing will be published stating all and only the information you have submitted.  It is therefore imperative that you check the accuracy of the Profile Listing before submitting the same and that you keep it up to date.

4.4       No part of Our Site constitutes a contractual offer capable of acceptance. Your request for an Account constitutes a contractual offer that We may, at Our sole discretion, accept.  The requesting of an Account does not mean that We have accepted it.  Our acceptance is indicated by Us accepting your Account request (i.e. by allowing you to use our Site and/or our services) at which time there be a legally binding contract between Us and you.

  1. Our Platform

Our Platform is provided solely as an online venue for Brand Owners and Distributors.  We are not a party to any transactions or other relationships between Brand Owners and Distributors. You hereby acknowledge and agree that:

5.1       You are not entering into a contract with Us for the provision of any Brand Owner goods or services or Distributors services. Any contract formed between Distributors and Brand Owners is solely between those parties;

5.2       We will not be a party to any dispute between Distributors and Brand Owners. Any claims must be made directly against the party concerned;

5.3       We do not carry out any screening or vetting of Distributors, or Brand Owners and/or their Profile Listings.  We are not responsible for any information presented on Our Platform in Profile Listings and the opening of an Account by either a Distributor or a Brand Owner is in no way an endorsement or recommendation of that party of the goods or services they provide.

5.4       We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in either Listing Profiles or User Content, and We accept no responsibility for any actions taken, or for any services provided either by Brand Owner or Distributors.

  1. Business Users and Account Listings

6.1       These Terms apply to business Users.

6.2       If you register for an Account, you are deemed a business User and these Terms constitute the entire agreement between Us and you with respect to the Profile Listing on Our Site.

6.3       For all Profile Listings:

  1. An Account is required if you wish to submit a Profile Listing (see Clause 4).
  2. You are responsible for ensuring (a) that all information stated in a Profile Listing is true and accurate. We accept no responsibility for the content of Profile Listings.Specifically, you agree, represent and warrant that you have the right to submit the Profile Listing, that all information in the Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that all such Profile Listings will comply with Our Acceptable Usage Policy, detailed below in Clause 8.
  • You must be the owner or beneficial owner of the company or business stated within the Profile Listing.
  1. You must not allow anyone else to use your Account.
  2. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clauses3(ii) to (iv).  You will be responsible for any loss or damage suffered by Us as a result of such breach.
  3. You (or your licensors, as appropriate) retain ownership of the content of your Profile Listing and all intellectual property rights subsisting therein. By submitting a Profile Listing, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Listing for the purposes of operating and promoting Our Site.
  • If you wish to remove a Profile Listing, you may do so by via your Account dashboard. We will use reasonable efforts to remove the Profile Listing in question from Our Site as soon as possible (but this will not result in any refund of any Fees in regards to Paid Listings).
  • We may reject, reclassify, edit, or remove any Profile Listing where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Profile Listing in question should be removed as a result.
  1. You must change the Profile Listing within 24 hours of becoming aware of any material changes that would affect a User’s interpretation of the Profile Listing.

6.4       We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Profile Listings.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, Profile Listings, and We accept no responsibility for any actions taken, or for any products or services provided by any User.

  1. Intellectual Property Rights

7.1       The provisions of Clause 5 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Platform in Listing Profiles.

7.2       Users must, at all times, respect the intellectual property rights of other on Our Platform. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

  1. Acceptable Use Policy

8.1       You must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind.

8.2       You must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way.

8.3       You must always provide accurate, honest information when submitting any User Content.

8.4       When using Our Platform, you must not submit anything (including, but not limited to, material in a Profile Listing) or otherwise do anything that:

8.4.1    is sexually explicit;

8.4.2    is obscene, deliberately offensive, hateful, or otherwise inflammatory;

8.4.3    promotes violence;

8.4.4    promotes or assists in any form of unlawful activity;

8.4.5    discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

8.4.6    is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

8.4.7    is calculated or is otherwise likely to deceive;

8.4.8    is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

8.4.9    misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);

8.4.10  implies any form of affiliation with Us where none exists;

8.4.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

8.4.12  is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.5       We reserve the right to suspend or terminate your access to Our Platform if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:

8.5.1    removing your Profile Listing and/or Account;

8.5.2    issuing you with a written warning;

8.3.3    taking legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

8.5.4    taking further legal action against you as appropriate;

8.5.5    disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

8.5.6    any other actions which We deem reasonably necessary, appropriate, and lawful.

8.6       We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.

  1. How We Use Your Personal Information (Data Protection)

9.1       All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

9.2       For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy insert a link.

9.3       Users may also collect, hold, and process personal information in the course of providing goods and/or services and are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting the other party’s rights under the GDPR.

  1. Other Important Terms

10.1     We are able to view all messenger communications between Brand Owners and Distributors on Our Site. We need to do this in order to ensure that these Terms are being adhered to.

10.2     We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business).  We will not give any notice of this and Your rights and Our obligations hereunder will be transferred to the third party who will remain bound by them.

10.3     You may not transfer (assign) your obligations and rights hereunder without Our express written permission.

10.4     The contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

10.5     If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms.  The remainder of these Terms shall be valid and enforceable.

10.6     No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.

10.7     We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements without notice to you.  If we change these Terms and you are not happy with the changes then you may close your Account.

  1. Law and Jurisdiction

11.1     These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

11.2     Any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. Reviews

12.1     Our Site may allow all Account holders the ability to publish reviews on Our Site in regards to the goods or services of another User of Our Site.

12.2     Reviews shall automatically be published without prior notice to you.  If you object to the contents of a review, you must notify us of such objection in writing within 14 days of publication of the review providing any evidence supporting its contrary views/objections.

12.3     We will consider the objections and any decision to remove the relevant review will be at our absolute discretion and that decision is final. Any review that cannot be proved to the contrary shall stand as the reasonable opinion of the writer.

12.4     We will not monitor reviews but if we are made aware of any review that we consider to be inappropriate, defamatory, vulgar or abusive, to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then we will remove the review.

12.5     If, in our reasonable opinion, reviews reflect low standards of the User, we reserve the right to investigate any such User reviews and/or may suspend or terminate the User’s Account without written notice.

  1. Ranking

We may determine the ranking of any Profile Listing at our absolute discretion.

TERMS THAT APPLY TO DISTRIBUTORS

  1. General

14.1     Although Brand Owners have given certain warranties as to the goods or services they offer (see Clause 20), you are still responsible for ensuring that the goods or services purchased from Brand Owners are legal and suitable for the country or location to where they are to be provided/imported.

14.2     You understand that Brand Owners will have limited access to your generic  information when you view their Profile Listing but that If a Brand Owner has a Paid Listing with us, you understand that they will be able to access to (i) above, together with relevant contact details.

  1. Our Liability

15.1     We will not be liable to you, whether in contract, tort (including negligence), breach of duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with your use of Our Site.

15.2     We are not a party to any transactions, other relationships, or disputes between Brand Owners and Distributors. Furthermore, We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Brand Owner goods or services and any claims must be made against the Brand Owner concerned.

TERMS THAT APPLY TO BRAND OWNERS

  1. Paid Listings

16.1     If you have a Paid Listing you will have the benefit of being able to review detailed information regarding those Distributors who have viewed your Profile Listing as set out in Clause 14.2 above.

16.2     Included in your Paid Listing subscription is the ability to have your brand Market-Matcher Verified™. Getting your brand verified is not guaranteed and has a number of requirements. One requirement includes having a valid Market-Matcher Paid Listing. If your 16.3   Paid Listing lapses or you no longer have a Paid Listing, you may also lose access to your verified status. Other requirements to achieve the Market-Matcher Verified status maybe be added or removed throughout the term of your Paid Listing. If these verification requirements are not met, We reserve the right to remove your verification status at any time and without warning.

16.4     We may from time to time change Our Fees.  Changes in Fees will not affect any Paid Listing that you have already purchased but will apply to any subsequent renewal of a Paid Listing or a new Paid Listing.  We will inform you of any change in Fees at least 28 days before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in Clause 22.

16.5     We make all reasonable efforts to ensure that all Fees shown on Our Site are correct at the time of going online.  Changes in Fees will not affect any order for a Paid Listing that you have already placed (please note sub-Clause 16.8 regarding VAT, however).

16.6     Fees are not checked by Us before We accept your order for a Paid Listing.  In the unlikely event that We have shown incorrect Fee information, We will contact you in writing to inform you of the mistake. If the correct Fee is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct Fee is higher, We will give you the option to purchase the Paid Listing at the correct Fee or to cancel your order.  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 7 days We will treat your order as cancelled and notify you of this in writing.

16.7     If We discover an error in the Fee of your Paid Listing after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error we shall offer you the same rights as set out in Clause 16.6.

16.8     Fees on Our Site are shown inclusive of VAT which is charged on all Fees at the prevailing rate.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

  1. Payment

17.1     Payment for Paid Listings must always be made in advance.  Your chosen payment method will be charged immediately when you chose a Paid Listing and if you have chosen a subscription service, your chosen method will be charged monthly or yearly in advance on the anniversary of your first payment until such time as you or We terminate this Contract.

17.2     Fees must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

17.3     Payment methods are as set out on Our Site.

17.4     If you do not make any payment due to Us on time, We will not make your Paid Listing available on Our Site or, in the case of a renewal, will suspend its availability on Our Site.  If you do not make payment within 2 working days of Our reminder, We may cancel the contract, and will inform you of the cancellation in writing.  You will still be liable for payment of the Fee on a pro-rata basis for the time that the Paid Listing appeared on Our Site or that of an Advertising Market Place.

17.5     If you believe that We have charged you an incorrect amount, please contact Us at  enquiries@market-matcher.comas soon as reasonably possible to let Us know.

  1. Our Services

18.1     Brand Owners may place Free Listing on Our Site free of charge.

18.2     Where you request a Paid Listing:

  1. You agree and understand that you are entering a rolling monthly or yearly subscription;
  2. The Fee may be increased upon our giving notice as set out in Clause 16.4;
  • The subscription will commence on the day that you accept these Terms and will continue on a rolling monthly or annual basis until you or We terminate this agreement;
  1. If you or We terminate this Agreement or close your Account you will not be entitled to any pro-rata refund for the month or year you have paid even though you will no longer have access to our Services;
  2. You must ensure that your payment method details are kept up to date;
  3. All Profile Listings will appear on Our Site during the entire period of your subscription unless it is removed by you (or this contract is terminated);
  • There is no limitation to the number of Paid Listings that can be submitted;

18.3     We retain the absolute right as to the order of/placing of Profile Listings on Our Site.

18.4     Your Profile Listing will be made available on Our Site immediately when you have submitted your Account details, selected your choice of Service and paid the Fee.

18.5     In some limited circumstances, We may need to suspend the availability of Profile Listings for reasons including, but not limited to, fixing technical problems on Our Site.  If your Paid Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. If the suspension lasts for more than 14 days you may end the contract as described below in sub-Clause 22.3.

18.6     You may use your Account to remove your Profile Listing from Our Site.  Removing a Paid Listing before its expiry will not entitle you to any refund. For details of other cancellation rights, please refer to Clause 22.

  1. Our Liability

19.1     Subject to sub-Clause 19.2, We will not be liable to you, whether in contract, tort (including negligence), breach of duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

19.2     Subject to sub-Clause 19.1, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence) breach of duty, or otherwise, shall be either the listing Fee paid under Clause 17, or £250.00, whichever is the greater sum.

19.3     Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

  1. Brand Owner Rules

20.1     When using Our Platform, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 20. Specifically:

  1. you must ensure that you comply fully with all local, national, or international laws, and/or regulations when using Our Site and when providing your goods or services to Distributors;
  2. you must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;
  3. You must not within your Profile Listing advertise anything that is:
  4. Illegal in the country of residence of the Brand Owner (or in any country which is targeted by the Brand Owner);
  5. not a product or services unique brands to you or solely owned by you;

20.2     For all products within a Profile Listing:

  1. That the descriptions given are truthful and not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the products or services being offered;
  2. Your product has been produced, manufactured, packaged and supplied strictly in accordance with the relevant consumer protection and product safety regulations and good manufacturing practices and that it complies, and you comply, with all applicable laws and codes of conduct in the country it was produced;
  3. Your product has been produced, designed, manufactured, packaged, and supplied in a way that does not infringe any intellectual property rights of any third party.
  4. If you supply an edible product, you will ensure that, at a minimum:

(i) It has been produced, manufactured, packaged and supplied strictly in accordance with all relevant food safety and hygiene regulations and applicable laws and good manufacturing practices in the country it was produced with any relevant use by dates clearly shown; and

(ii) It has not been adulterated or contaminated, and is of good quality, edible, and otherwise fit for human consumption.

20.3     For all services within a Profile Listing you represent and warrant that:

  1. All information is truthful and not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the service being offered;
  2. Your services are offered in accordance with the relevant consumer protection and product safety regulations and good manufacturing practices and that it complies, and you comply, with all applicable laws and codes of conduct in the country in which the service is to be completed; and
  3. Your Services have been produced, designed, manufactured, packaged, and supplied in a way that does not infringe any intellectual property rights of any third party.

20.4     You agree (i) to provide the Distributor with such other information as is reasonably necessary to ensure that the Distributor is fully informed as to the intended and proper use of the product or service, including any lists of ingredients, components or materials and any applicable instruction booklets and/or warning labels concerning the product or service, and (ii) to use commercially reasonable efforts to respond to additional Distributor enquiries.

  1. Problems with Our Service

We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us.  We always use reasonable endeavours to ensure that Our services are trouble-free.  If, however, there is a problem with a Profile Listing or with any other aspect of Our services, please contact Us as soon as is reasonably possible at enquiries@market-matcher.com.  We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.

  1. Ending the Contract 

22.1     You may cancel the contract and remove your Profile Listing at any time via your Account, however subject to Clauses 22.2 to 22.4, We cannot offer any refunds.

22.2     You may end the contract at any time if We have informed you of a forthcoming change to Our Services, or to these Terms that you do not agree to.  If the change is set to take effect or apply to you before the expiry or renewal date of your Paid Listing, We will issue you with a pro-rated refund equal to the time remaining on your Paid Listing.  If the change will not take effect or apply to you until the expiry or renewal date of your Paid Listing, the contract will end on the expiry date and no refund will be due.

22.3     If We have suspended availability of your Paid Listing for more than 14 days or We have informed you that We are going to suspend availability for more than 14 days, you may end the contract immediately.  If you end the contract for this reason, We will issue you with a pro-rata refund for equal to the time remining on your Paid Listing.

22.4     If an event outside of Our reasonable control occurs and continues for more than 14 days, you may end the contract immediately.  See Clause 23 for more information.

22.5     If you wish to exercise your right to cancel under this Clause 22, please email us at enquries@market-matcher.com.

22.6     Refunds under this Clause 22 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel and will be made using the same payment method that you used when purchasing your Paid Listing.

  1. Events Outside of Our Control (Force Majeure)

23.1     We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

23.2     If any event described under this Clause 23 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms:

23.2.1  We will inform you as soon as is reasonably possible;

23.2.2  We will take all reasonable steps to minimise the delay;

23.2.3  To the extent that We cannot minimise the delay, Our affected obligations under these Terms (and therefore the contract) will be suspended and any time limits that We are bound by will be extended accordingly;

23.2.4  We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;

23.2.5  If the event outside of Our control continues for more than 30 days We will cancel the contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the contract is cancelled and will be made using the same payment method that you used when purchasing your Paid Listing.