Terms and Conditions
Last Updated: 11 June 2020
The Platform is owned and operated by Mettamatch, Inc. (“We”, “Us”, or “Our”). This terms and conditions (the “T&C”) shall be a contract between us and the users (the “User”, “You”, or “Your”).
This T&C contains the terms and conditions on which users access the Connected Women Platform, and use the products and services on the Platform (the “Services”).
Please read and understand carefully the terms and conditions set out below before signing up.
1.1 “Applicable Law” refers to the laws, regulations, and government guidelines of the Republic of the Philippines and of the jurisdiction of the User as determined by his, her, or its residence (as declared in the registration process).
1.2 “User”, “You”, “Jobseekers”, “Employers” refers to the user of the Platform. If a person without or with limited juridical capacity has registered as a user or has engaged in transactions that are beyond the User’s rights or capacity to act, the Agreement between You and Us shall be considered invalid, unless You are in estoppel. In this case, We shall have the right to delete the account, and You will be liable for the breach. Users shall include all types of users including Jobseekers and Employers.
1.3 “User registration” refers to the process in which the user logs in to Our Platform and fills up the personal information as required. The User is responsible for taxes, all hardware, software, and service-related expenses incurred during transactions.
This T&C contains the terms and conditions on which We supply Our Services available on or through connectedwomen.com (the “Platform”). “Services” shall refer to the supply of content, matching and technological services, and other services made available through the Platform. This shall not include services provided by third parties including service provided by the Fulfillment Partners.
All changes made to this T&C shall constitute an integral part of this T&C and shall be deemed equally effective and binding under the law. To participate in certain Services, the User may be required to agree to additional terms and conditions; those additional terms and conditions are hereby incorporated into this T&C.
You are required to register on the Platform if You want to use any of the Services. By registering on this Platform, You warrant that You have the capacity to enter into valid contracts under Applicable Law.
While using and accessing the Platform, You agree to be bound by this T&C and all Applicable Laws, rules, and regulations and You warrant to be fully and wholly bound by the T&C in Your own free will and deed.
We reserve the right, at Our sole discretion to make changes to these T&C at any time with or without direct notice to You. We shall implement such changes by posting the new version of the T&C on the Platform. If You do not agree with the relevant changes, You should discontinue using and accessing the Platform and the Services. Any change will automatically take effect immediately upon publication of the amended T&C. Your continued use of the Platform following any such modification constitutes Your acceptance of the modified T&C.
All applicable laws, circulars, rules and regulations, and guidelines of other regulatory bodies shall be deemed incorporated into this T&C. As such, the account, and the products and services availed from Us shall be governed by all Applicable Laws.
II. GRANT OF LICENCE OVER THE PLATFORM
Subject to the terms of this T&C, Mettamatch, Inc. grants You a limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable licence to use the Platform for the purpose of getting access to the Services. You shall not be authorized to resell, sublicence, distribute, copy, reproduce, transmit, broadcast, display, sell or exploit the Platform and/or the Services for any other purposes aside from the purposes authorized under this T&C.
You will not modify, reverse engineer, translate, decompile, disassemble, deobfuscate, or unmask all or any portion of the Platform and/or the Services, any of its parts, derivatives, and forms.
You will not interfere with, disrupt, or disable features and functionalities in the Platform and the Services, including any mechanism to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Platform or the Services;
You will not, directly or indirectly, develop, support, or use the software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins, and add-ons or any other technology) to manipulate the number of engagements, user connections, or internet connections using the Platform or the Services.
We shall be entitled to suspend or cancel the licence provided to You and any and all associated users linked to you, if in Our reasonable opinion, You are misusing the same, or for any other reason at Our discretion, to protect Our proprietary technology.
You acknowledge and agree that the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Materials") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Mettamatch, Inc., and are subject to copyright and other intellectual property rights under Applicable Law.
The Platform may display certain trademarks belonging to third parties. The use of these trademarks may be subject to the licence granted to Us by third parties. You shall not reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant You any right in relation to such trademarks. Materials on the Platform are provided to You “as is” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
We reserve all rights not expressly granted herein to the Platform, the Services, and the Materials. You agree not to engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If You download or print a copy of the Materials for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein.
III. ACCEPTABLE USE POLICY
The Platform, as well as all the copyright, trademark, patents, and other intellectual properties and any documentation, and any portion thereof, complete or incomplete remain to be the sole property of Mettamatch, Inc. and/or its licensors. Without Our express written consent, You shall not cause the Platform and its documentation to be copied, reproduced, translated, exhibited, transmitted, transferred, assigned, marketed, licensed, leased, or sold in any manner or in any form.
You agree to be bound by the following acceptable use policies:
2.1 You agree to use any and all of the Platform in accordance with all Applicable Laws.
2.2 You agree not to misuse, abuse, nor subject any part of Your account or Services for purposes other than its intended use2.3 We may require the You to divulge the nature of the transaction being facilitated by the use of Our Platform if we determine, at Our sole discretion, that it is necessary to comply with any applicable law.
2.4 You agree not to use any and all of the Platform for the following purposes:
2.4.1 To violate any Applicable Law or order of government agencies;
2.4.2 To infringe third-party rights;
2.4.3 To cause any harm or damage any part of the Platform;
2.4.4 To cause any harm or damage to any user of the Platform;
2.4.5 To facilitate, encourage, or incentivize illegal activities;
2.4.6 To facilitate Cybercrimes as defined in the Applicable Laws;
2.4.7 To facilitate Child-Pornography as defined in the Applicable Laws;
2.4.8 To facilitate prostitution and other sexually-oriented services;
2.4.9 To facilitate Money Laundering as defined in the Applicable Laws;
2.4.10 To facilitate a “get-rich-quick” schemes, pyramid schemes, or Ponzi schemes; and
2.4.11 To facilitate any form of ethical, legal, or illegal hacking.
IV. DATA PRIVACY
V. REPRESENTATION AND WARRANTIES
By accessing Our Platform, You warrant that:
You understand and agree that you have all the appropriate approvals, and authorization necessary to enter into an agreement with Us.
You affirm that all information, data, and documents which You provided or submitted to Us are complete, accurate, and true to the best of Your knowledge, and You shall immediately inform Us, in writing, of any changes.
You also affirm that nothing in these T&Cs shall interfere with or will result in a breach of any other agreement binding upon You.
VI. USE OF THE PLATFORM AND SERVICES
We shall exert reasonable efforts to provide the Platform 24 hours a day. However, due to the nature of IT services, some or all of the features and functionalities of the Platform and/or the Services may not be available at certain times due to security reasons, maintenance activities, telecommunication and server failure, network failure, force majeure, and any other reasons beyond Our reasonable control. In these cases, We shall not be liable to you if there are instances when You will not be able to access and use the Platform or any of the Services.
User Registration2.1 To be able to use the Service and access the Platform, You must register and create an account in the Platform. Account opening is free of charge.
2.2.1 Individual or Sole Proprietorship. You warrant and represent that you are at least eighteen (18) years old and have full legal capacity. You may also need to provide other information identified by Us;
2.2.2 Corporation/Partnership. If you are representing a Corporation or a Partnership, or any other juridical person, you warrant that you are of legal age and duly authorized by the entity you are representing. We may require you to present proof of such authority in writing.
2.3 You have the right to log in or change Your account information and credentials at any time. You must ensure that You keep the combination of these details confidential and secure. You accept full responsibility overall transactions and/or instructions processed through the use of your account credentials. We shall not be liable for any such transactions, whether processed with or without Your knowledge.
2.4 You are obliged to provide true and valid personal information such as name, e-mail address, and contact numbers as required by Us upon signing up. At the same time, it is your responsibility to update such information to keep it current from time to time. However, any fake or invalid personal information applied on ordering will give Us the right to subject You to penalties, or to modify or permanently terminate Your access to any portion of the Platform and/or Services.
2.5 We have the right, but not the obligation, to review User's registration information and transaction records. Users are obliged to rectify, change, or delete any questionable information identified by Us.
3.1 Users who avail of the Services to be matched by potential employers are “Jobseekers.” Jobseekers may be required to submit information regarding his/her skills, educational background, and work experience.
3.2 Users who are potential employers (the “Employers”) may use the Platform to search for a Jobseeker that fits his/her/its requirements for employment. Use of the Services does not imply the existence of an employer-employee relationship between the Employer and Jobseeker. The legal relationship between the Users shall depend solely on the Users’ agreements. We shall not be privy to these agreements.
3.3 We may screen the pool of Jobseekers that register with the Platform to streamline the search process of Potential Employers.
3.4 Potential Employers may connect to the Jobseeker that may fit his/her/its requirements through the Platform.
Fees and Payment
4.1 To avail of Upgrades, Users will have to pay a monthly Premium Fee based on the type of Upgrade availed of.
4.3 We reserve the right to modify or change the amount of the Premium Fees subject only to prior notice to You.
If You are aware of any actual or suspected breach of this T&C please notify Us immediately.
VII. CANCELLATION OF ACCOUNT AND TERMINATION OF AGREEMENT
Without prejudice to Section VII(2), We may suspend, modify, or temporarily disable Your access to the whole part of the Platform or any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by a law enforcement authority or government authority.
In addition, We reserve the right to terminate Your access and deny the Services upon reasonable belief that You have violated the T&C. Termination of your access to the Platform will include denial of access to all Services and deletion of all information in your account on the Platform.
You, as a User, agree that We do not bear any liability for terminating this Agreement to Users or any third party.
The termination of Your account notwithstanding, We shall retain the following rights:
4.1 the right to process the User's registration information and previous transaction record for the purposes of complying with Applicable Law;
4.2 the right to exercise its rights stipulated in this T&C; and
4.3 the right to pursue and defend legal claims.
VIII. LICENCES GRANTED BY YOU
You grant Mettamatch, Inc. an exclusive, worldwide, unlimited, sublicensable, royalty-free licence and right over all the user-submitted information. This licence includes the right of Mettamatch, Inc. to use, copy, modify, rewrite, publish, translate, distribute, display, create derivative works from through any medium, whether alone or in combination with other content or materials in any manner and by any means, method or technology, whether now known or hereafter created.
IX. DISCLAIMERS / LIMITATION OF LIABILITY
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPATIBILITY OF A JOBSEEKER WITH A POTENTIAL EMPLOYER AS THIS MAY BE DEPENDENT UPON SEVERAL FACTORS OUTSIDE OF OUR CONTROL.
WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION AND MATERIALS FOUND IN THIS PLATFORM, INCLUDING THOSE DISPLAYED OR PUBLISHED BY OTHER USERS, AND EXPRESSLY DISCLAIMS LIABILITY OF ERRORS OR OMISSION OF SUCH INFORMATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE PLATFORM WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. YOU SHALL NOT HOLD METTAMATCH, INC. LIABLE AS THE SOURCE OF INFORMATION FOR YOUR MAJOR DECISIONS.
LINKED WEBSITES AND OTHER THIRD-PARTY CONTENT FOUND ON THE PLATFORM ARE NOT MAINTAINED NOR SPONSORED BY US, BUT MERELY PLACED FOR YOUR CONVENIENCE. SUCH WEBSITES SHOULD ONLY BE ACCESSED AT YOUR OWN RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS PLATFORM IS FREE FROM ANY VIRUS OR OTHER MALICIOUS, DESTRUCTIVE, OR CORRUPTING CODE, OR PROGRAM. WE DO NOT WARRANT UNINTERRUPTED ACCESS TO ANY INFORMATION ON THIS PLATFORM, OR THAT IT WILL BE FREE FROM ANY ERRORS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITIES, FITNESS OR FLAWLESSNESS OF THE PLATFORM.
YOU HEREBY WILLFULLY AND UNCONDITIONALLY WAIVE ANY AND ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPOSED OR IMPLIED BY LAW OR THE LAW OF EQUITY.
THE PLATFORM AND ANY SERVICE IS PROVIDED “AS IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM AND THE SERVICES ARE FREE OF DEFECTS OR ARE SUITABLE FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE RESPONSIBLE FOR LOSS OR DAMAGE ARISING FROM THE INSTALLATION, ACCESS, OR USE OF THE PLATFORM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
In any case and to the fullest extent allowed by law, our total liability (whether in contract, warranty, tort, or otherwise) arising out of or relating to this T&C, the Platform and any part of the Service shall not exceed the amounts already paid by You to Us, if any, in the one (1) month preceding the filing of the complaint.
You may have access to content and/or services of third parties through our Platform (the “Third-Party Systems”). In those cases, the said Third-Party Systems shall be subject to the terms, conditions, and limitations imposed by those third parties, which shall also be binding on You. We reserve the right to reject or refuse any Third-Party System used by You in conjunction with our Platform.
YOU UNDERSTAND AND AGREE THAT (i) WE ARE NOT A PARTY TO THE CONTRACT BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (ii) WE ARE UNDER NO OBLIGATION TO MONITOR THE JOBSEEKER OR THE POTENTIAL EMPLOYER, AS THE CASE MAY BE; (iii) THE USER WILL BE RESPONSIBLE FOR ALL OBLIGATIONS UNDER THE CONTRACT WITH YOU, INCLUDING WITHOUT LIMITATION WARRANTIES OR REPRESENTATIONS.
You acknowledge and agree that WE ARE NOT RESPONSIBLE OR OBLIGATED TO MEDIATE OR INTERFERE IN ANY OF THE DISPUTES BETWEEN YOU AND OTHER USERS OF THE PLATFORM.
X. FORCE MAJEURE
We shall not be liable to You for any breach, hindrance or delay in the performance of Our obligations under this T&C attributable to any cause beyond Our reasonable control (a “Force Majeure Event”), including without limitation:
1.1 Strikes, lock-outs or other industrial action;
1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disasters;
1.4 Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
1.5 Impossibility of the use of public or private telecommunications networks;
1.6 The acts, decrees, legislation, regulations, or restrictions of any government, shipping, postal or other relevant transport strikes, failure or accidents.
We reserve absolute discretion on the solution that We may adopt in fully meeting our obligations under this T&C in circumstances involving a Force Majeure Event.
You will indemnify, defend, and hold harmless Mettamatch, Inc., its officers, directors, employees, and agents from and against any and all claims, judgments, costs, awards, expenses (including reasonable attorneys’ fees) and liabilities, and damages of any kind arising out of or related to: (i) Your breach or alleged breach of this T&C or any representation, warranty, and/or covenant made by You; and (ii) any breach or alleged breach of any applicable laws by You or any of Your representatives.
Applicable Laws require that some of the information or communications We send to You should be in writing. When using the Platform, You agree to transact with Us electronically, and that communication with Us will be mainly electronic. We may contact You by e-mail or provide You with information by posting notices on the Platform. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.
To the extent that the parties are permitted under this T&C to initiate litigation in a court of law, You agree that all claims and disputes arising out of or relating to the T&C or the use of the Platform will be litigated exclusively in the Philippines, subject to the following clause:
2.1 Should the User reside in a jurisdiction aside from the Philippines (as declared during the registration process), You agree that all claims and disputes arising out of or relating to the T&C or the use of the Platform shall be brought and litigated in the courts of Makati City, Philippines, to the exclusion of all other courts.
Choice of Law
This T&C shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of laws provisions.
If We delay exercising or fail to exercise or enforce any right or interest available to Us under this T&C, such delay or failure does not constitute a waiver of that right or any other rights under this T&C.
If any of the clauses in this T&C is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms and Conditions without affecting the validity, efficacy, and enforceability of all the other provisions.