Matchable Terms and Conditions
Introduction
Welcome to Matchable! These Terms and Conditions ("Agreement") form a legally binding agreement between you and Matchable, Inc. ("Matchable," "we," "us," or "our") that governs your use of the Matchable website, mobile application, and any related services provided by Matchable (collectively, the "Services").
By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not use the Services. Please read this Agreement carefully before using the Services. This Agreement includes important legal terms and conditions that affect your rights and obligations and contains limitations of liability and disclaimers of warranties.
If you have any questions or concerns about this Agreement, please contact us at support@matchable.work.
Who Is This Agreement With?
This Agreement is between you and Matchable. By using the Matchable platform, you represent that you have read, understood, and agree to be bound by this Agreement. If you are using the Services on behalf of a company or organization ("Organization"), you represent and warrant that you have the authority to bind that Organization to this Agreement, and in such cases, "you" and "your" refer to both you and the Organization.
How Do I Accept These Terms and Conditions?
By accessing or using any part of the Services, you agree to be bound by this Agreement, including any additional policies referenced herein or available by hyperlink. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Services.
When you create an account with Matchable, you agree to provide accurate and complete information and to promptly update your account information if there are any changes. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
Matchable reserves the right to update or modify this Agreement at any time without prior notice. We will notify you of any material changes by posting the new Agreement on the Services or by sending you an email or other notification. Your continued use of the Services after any such modifications constitutes your acceptance of the new Agreement.
Matchable's Services are intended for use by individuals who are 18 years of age or older. By accessing or using Matchable's Services, you represent and warrant that you are 18 years of age or older.
If you access or use Matchable's Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms and conditions, and that you agree to these terms and conditions on behalf of that entity. In such a case, the terms "you" and "your" in these terms and conditions refer to that entity.
Matchable reserves the right to terminate or suspend your account or access to its Services at any time and for any reason, including violation of these terms and conditions or other policies or guidelines referenced in these terms and conditions or available on Matchable's website.
If you have any questions or concerns about these terms and conditions, please contact us at support@matchable.work.
What Is Included in These Terms and Conditions?
This Agreement, along with any additional policies or agreements referenced herein, governs your use of the Services and constitutes the entire agreement between you and Matchable. The contents of this Agreement include but are not limited to:
- Eligibility Requirements
- User Accounts and Profiles
- User Conduct
- Use of the Services
- Intellectual Property Rights
- User-Generated Content
- Privacy and Data Protection
- Disclaimers and Limitations of Liability
- Indemnification
- Termination and Suspension
- Dispute Resolution
- Governing Law and Jurisdiction
- Amendments and Updates
- Additional Terms Applicable to Recruiters and Job Seekers
- CV Upload and Job Post Matching Service
- Confidentiality
- No Publicity
- Miscellaneous
Are There Any Other Terms That Apply to Me?
Yes, by using the Services, you also agree to be bound by:
- Privacy Policy: Outlines how we collect, use, and protect your personal information. Please review our Privacy Policy at Privacy Policy.
- User Guidelines: Provides information on how to use the platform safely and responsibly. Please review our User Guidelines at User Guidelines.
User Accounts and Profiles
Account Creation
To access certain features of the Services, you must register for an account. When creating an account, you agree to:
- Provide true, accurate, current, and complete information as prompted by the registration form.
- Maintain and promptly update your account information to keep it true, accurate, current, and complete.
- Keep your login credentials confidential and secure.
- Notify us immediately of any unauthorized use of your account or any other breach of security.
Responsibility for Account Activity
You are solely responsible for all activities that occur under your account. Matchable is not liable for any loss or damage arising from unauthorized use of your account.
Profile Information
You may create a user profile that includes personal information such as your name, photo, employment history, education, skills, and other relevant details. By providing this information, you consent to its use in accordance with our Privacy Policy.
Multiple Accounts
You may not create multiple accounts for the same individual or entity without our express written permission.
User Conduct
By using the Services, you agree to adhere to the following rules of conduct:
Prohibited Activities
You shall not:
- Engage in Illegal Activities: Use the Services for any unlawful purpose or in violation of any local, state, national, or international law.
- Infringe Intellectual Property: Upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Harass or Harm Others: Engage in any behavior that is harassing, threatening, defamatory, obscene, or otherwise objectionable.
- Interfere with the Services: Disrupt or interfere with the security or performance of the Services, including transmitting viruses or other harmful code.
- Collect Personal Data: Harvest or collect email addresses or other contact information of other users without their consent.
- Impersonate Others: Misrepresent yourself or your affiliation with any person or entity.
- Spam: Send unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
Compliance with Laws
You agree to comply with all applicable laws, regulations, and ordinances relating to your use of the Services.
Reporting Violations
If you become aware of any misuse of the Services or any violation of these Terms and Conditions, please report it to us at support@matchable.work.
Use of the Services
License to Use
Subject to your compliance with this Agreement, Matchable grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
Restrictions
You agree not to:
- Modify, copy, distribute, or create derivative works based on the Services.
- Reverse engineer, decompile, or disassemble any part of the Services.
- Use any automated systems or software to extract data from the Services ("screen scraping") without our prior written consent.
- Frame or mirror any part of the Services without our prior written consent.
Changes to the Services
Matchable reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Intellectual Property Rights
Ownership
All content and materials on the Services, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of Matchable or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks
"Matchable" and all related logos, product and service names, designs, and slogans are trademarks of Matchable or its affiliates or licensors. You must not use such marks without the prior written permission of Matchable.
Limited License
Matchable grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content for your personal or internal business purposes.
Feedback
If you provide any suggestions, ideas, or feedback to Matchable regarding the Services ("Feedback"), Matchable shall have the right to use such Feedback in any manner, including in future modifications of the Services, other products or services, advertising, or marketing materials.
User-Generated Content
Responsibility for Content
You are solely responsible for any content, including but not limited to text, photos, videos, and other materials, that you upload, post, or otherwise make available through the Services ("User Content").
Rights You Grant Us
By submitting User Content, you grant Matchable a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and Matchable's (and its successors' and affiliates') business.
Content Standards
User Content must comply with the following standards:
- Accuracy: Content must be accurate where it states facts.
- Lawfulness: Content must not be illegal or infringe any third-party rights.
- Appropriateness: Content must not be defamatory, obscene, hateful, or inflammatory.
Monitoring and Enforcement
Matchable reserves the right to:
- Remove or refuse to post any User Content for any or no reason at our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates this Agreement, infringes any intellectual property right or other right, threatens the personal safety of users of the Services or the public, or could create liability for Matchable.
Privacy and Data Protection
Please refer to the section "What Personal Information Do I Need to Provide for My Account and Profile, and How Is It Used by Matchable?" for detailed information on how we collect, use, and protect your personal data.
Disclaimers and Limitations of Liability
Disclaimer of Warranties
Nothing in this Agreement seeks to exclude any condition, warranty, or guarantee that cannot be excluded under applicable law.
Except as otherwise expressly provided in this Agreement, Matchable provides its Services "as is," and makes no warranties or guarantees regarding their performance or reliability. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty.
We do not guarantee that:
- Any content provided on or through the Services is accurate, legally compliant, up-to-date, reliable, or correct.
- The Services will meet your requirements.
- The Services will be available at any particular time or location, or will be uninterrupted or secure.
- Any defects or errors will be corrected.
- The Services are free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by applicable law, Matchable and its affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Services, even if Matchable has been advised of the possibility of such damages.
In no event shall Matchable's total liability to you for all damages, losses, or causes of action exceed the amount you paid, if any, for accessing the Services during the twelve (12) months preceding the event giving rise to the liability.
Matchable is not responsible for any content or materials provided by users or third parties on or through its Services, and will not be liable for any errors or omissions in such content or materials, or any loss or damage incurred as a result of the use of such content or materials.
Indemnification
You agree to indemnify and hold harmless Matchable, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses (including reasonable attorneys' fees), or fees arising out of or relating to:
- Your Use of the Services: Your access to and use of the Services, including any data or content transmitted or received by you.
- Violation of Terms: Your violation of any term of this Agreement and any other agreement that you have with Matchable, including without limitation your breach of any of the representations and warranties herein.
- Third-Party Rights: Your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights.
- Legal Violations: Your violation of any applicable law, rule, or regulation, including, without limitation, your violation of data protection laws applicable in the UAE, and any applicable data protection, email marketing, or telemarketing laws (including any email, phone call, or text message you send or make to another User).
- User Content: Any claims or damages that arise as a result of your User Content.
- Account Security: Any other party's access and use of the Services with your account or login information.
- Misconduct or Negligence: Your intentional or negligent acts, omissions, or breaches of this Agreement or any applicable laws, rules, or regulations.
Termination and Suspension
Termination by Matchable
We reserve the right to terminate or suspend your account or access to the Services, with or without cause or notice, at any time and at our sole discretion. Reasons for termination or suspension may include, but are not limited to:
- Violation of this Agreement or other policies
- Suspected fraudulent, abusive, or illegal activity
- Failure to pay for any services or fees owed
- Extended inactivity on the platform
- Request for termination by you
Effects of Termination
Upon termination or suspension:
- You will lose access to all features of the Services, including any content or data you have uploaded or created.
- Matchable reserves the right to delete any and all content associated with your account, including your profile and any uploaded data.
- You may not create a new account without our express written permission.
Termination by You
You may terminate your account at any time by following the instructions on the platform. Termination does not relieve you of any obligations or liabilities accrued prior to termination.
Consequences of Termination
- Data Deletion: Upon termination, Matchable may delete all content associated with your account, including intro videos, assessments, and personal information.
- Outstanding Obligations: Termination does not release you from any obligations or liabilities that may have accrued prior to the termination date.
Dispute Resolution
Informal Resolution
If you have a dispute with Matchable, you agree to first contact us at support@matchable.work to attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute as promptly as possible.
Arbitration
Any dispute or claim arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration, except that you or Matchable may assert claims in small claims court if the claims qualify. The arbitration shall be conducted in accordance with the rules of the jurisdiction in which Matchable operates.
Class Action Waiver
To the fullest extent permitted by applicable law, you and Matchable agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters related to intellectual property or unauthorized access to the Services.
Governing Law and Jurisdiction
This Agreement and any dispute arising out of or related to it or the Services shall be governed by and construed in accordance with the laws of the United Arab Emirates (U.A.E.), without regard to its conflict of law provisions.
Any dispute or claim arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the U.A.E.
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms and conditions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that achieves as closely as possible the commercial purpose of the original provision.
Any failure or delay by us to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.
Any rights not expressly granted herein are reserved.
By using our Services, you agree that any legal proceedings arising out of or in connection with these Terms and Conditions shall be brought exclusively in the courts of the U.A.E., and you hereby submit to the jurisdiction of such courts for the purposes of any such legal proceedings.
Amendments and Updates
Matchable reserves the right to modify or update these Terms and Conditions at any time without prior notice. We will notify you of any material changes by posting the new Terms and Conditions on the Services or by sending you an email or other notification.
Your continued use of the Services after any changes have been made constitutes your acceptance of the new Terms and Conditions.
Matchable may, at its sole discretion, update, change, or replace any part of these Terms and Conditions by posting updates and changes to its website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
In the event of a material change to these Terms and Conditions, Matchable will notify all users by email and post a prominent notice on our website.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
Your continued use of the Services following any amendment or update constitutes your acceptance of the updated Terms and Conditions. If you do not agree to the updated Terms and Conditions, you should immediately stop using the Services.
CV Upload and Job Post Matching Service
Introduction
These Terms and Conditions (T&C) govern the use of the CV Upload and Job Post Matching Service (the "Service") provided by Matchable. By using this Service, you, as a recruiter, agree to these terms.
CV Upload and Use
2.1 CV Submission: As a recruiter, you are permitted to upload multiple CVs to the Matchable platform for the purpose of matching potential candidates with job postings.
2.2 Data Legality and Permission: You affirm that all CVs and associated personal data uploaded to the Service have been obtained legally and with the explicit consent of the individuals for use in job matching and related recruitment activities.
2.3 Anonymized Communication: Matchable will utilize the email addresses extracted from the uploaded CVs to send anonymous email invitations to the respective candidates, encouraging them to join Matchable for potential job opportunities.
Job Post Creation and Matching
3.1 Job Post Submission: You may create or upload job posts for which the uploaded CVs will be matched using Matchable's machine learning algorithms.
3.2 Editing Restrictions: Once a job post is submitted, it cannot be edited or modified. This ensures the integrity of the matching process and candidate experience.
3.3 Exceptions for Editing: If a job post yields no results (i.e., no suitable matches are found), you will then be allowed to edit the post to refine the job requirements or details.
Service Usage and Limitations
5.1 Service Purpose: The Service is intended solely for lawful recruitment and employment purposes.
5.2 Prohibited Use: The Service shall not be used for any unlawful activities, including but not limited to data theft, privacy violations, or the infringement of intellectual property rights.
Liability and Indemnification
6.1 Limitation of Liability: Matchable is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Service.
6.2 Indemnification: You agree to indemnify and hold harmless Matchable against any claims, actions, proceedings, expenses, damages, and liabilities, including legal fees, that may arise from your use of the Service.
Confidentiality
Confidential Information
Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, salary data, and guidelines and documentation relating to the Services ("Confidential Information").
Obligations
You agree that:
- All Confidential Information will remain the exclusive property of Matchable.
- You will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement.
- You will not disclose Confidential Information to any third party.
- You will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement.
Prohibited Actions
You further agree not to:
- Share with, or otherwise disclose to, any third party, login credentials or any other mechanism that permits access to the Services or any other non-public area of the Matchable websites.
- Reverse engineer, decompile, or disassemble any software provided by Matchable.
- Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
Exceptions
The obligations in this section do not apply to information that:
- Is or becomes publicly known through no breach of this Agreement by you.
- Is received from a third party without breach of any obligation of confidentiality.
- Is independently developed by you without use of or reference to Matchable's Confidential Information.
- Is required to be disclosed by law or regulation, provided that you give Matchable prompt notice of such requirement prior to disclosure and cooperate with Matchable in obtaining an appropriate protective order.
No Publicity
You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval of our legal department. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties, concerning this Agreement, the Services, and/or Matchable, to our legal department at: support@matchable.work.
Miscellaneous
Entire Agreement
This Agreement, together with any additional policies or agreements referenced herein, constitutes the entire agreement between you and Matchable regarding your use of the Services and supersedes all prior agreements, understandings, and representations.
Waiver
Any failure by Matchable to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original provision.
Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without Matchable's prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and void. Matchable may assign or transfer this Agreement at any time without restriction.
Relationship of Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Force Majeure
Matchable shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, embargoes, government orders, or any other force majeure event.
Notices
All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Contact Information
If you have any questions, comments, or concerns about this Agreement, please contact us at:
Matchable, Inc.
Email: support@matchable.work
By continuing to use Matchable, you acknowledge that you have read, understood, and agree to be bound by this Agreement and any other policies or agreements referenced herein.
Last Updated: November 7, 2024