I. Terms of use

Profile Matching Ltd. provides business services and business-to-business, business-to-consumer and consumer-to-consumer cloud platforms. Profile Matching Ltd. is a company registered in the United Kingdom under the company number 08720044. Our registered office is at Third Floor, 207 Regent Street, W1B 3HH London, United Kingdom. Our e-mail address is support@matching.pro.

As used in the present Terms and Conditions, 'we', 'us', 'our' or 'Profile Matching' means Profile Matching Ltd. and any and all websites owned by Profile Matching Ltd., 'you' or 'your' means the user, you and Profile Matching Ltd. are collectively referred to as the 'Parties', and 'Service' or 'Services' means any and all services offered by us. For the purposes of these Terms and Conditions, we shall use Profile Matching to refer to both Profile Matching Ltd. and any and all websites owned by Profile Matching Ltd.

The 'Terms' set out the terms and conditions on which Profile Matching Ltd. provides services to you and will govern your conduct as a customer or user and apply to the access and use of any and all of our websites and to any exchange of information between you and Profile Matching Ltd. Please read the Terms carefully before using our Services. Using any and all of our Services indicates that you accept the Terms regardless of whether or not you choose to register as a user. If you do not accept the Terms, do not use any of our Services.

Where Profile Matching Ltd. has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Profile Matching Ltd. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Profile Matching Ltd. may revise the Terms at any time by updating this posting. All modified terms and conditions shall take effect immediately after posting on www.matching.pro. Please check this website from time to time to review the current version of the Terms because they are binding on you. You acknowledge and agree that Profile Matching Ltd. has the sole discretion to set forth and post additional terms and conditions for your use of our Services at various places throughout this website. You agree that those additional terms and conditions shall be considered an effective amendment to these Terms and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the present Terms set forth herein, the Terms set forth herein shall govern.

Any rights not expressly granted in the present Terms are reserved.

 

II. Definitions

‘Customer’: any person or legal entity submitting an order to us.

'User': a representative of the corresponding account.                      

'Account': each entity registering on any of our websites can have one account in the respective service which can have an unlimited number of user accounts belonging to it.

'Registration': creation of an account.

'Transaction': generally speaking, any action taken on any Profile Matching website.

 

III. Product information and warranties

The Services will be provided with care and diligence, in a professional and workmanlike manner, and in accordance with the Terms. Profile Matching has made a conscientious effort to display and describe its services on its websites accurately so that you can get a good idea of the services offered. Furthermore, Profile Matching is constantly improving its information, products and services. Consequently, Profile Matching cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability and services. You acknowledge and agree that the form and nature of the Services which Profile Matching provides may change from time to time without prior notice to you.

 

IV. Access

Whilst we endeavor to ensure that our websites are available 24 hours a day, we shall not be liable if, for any reason, any of our websites are unavailable at any time or for any period. Access to any of our websites may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for any reasons beyond our control.

 

V. Registration

Registration is open to businesses and private persons alike. Each entity registering on any of our websites can have one account which can have an unlimited number of user accounts belonging to it. Only those entities and persons in a position to form legally binding contracts under English law may register. By registering you represent that you have the authority to bind the entity to these Terms or as a private person can enter into a contract according to these Terms. Registration as a user is not open to individuals under the age of 18 years or to any user whose account has been suspended or terminated.

Any entity or person registering has an account with unlimited number of users, each user having a unique username and password. Profile Matching does not permit users to share their username and password with any other person or business. Furthermore, your account may not be transferred to a third party. Responsibility for the security of any passwords issued rests with you and you are solely responsible for all actions taken with your username and password.

In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the Services. You agree that any registration information you give to Profile Matching will always be accurate, correct and up to date.

 

VI. Our services - Neutral venue

Our websites act as a neutral venue on which users can manage different workflows, communicate and/or distribute information.

Profile Matching is not involved in the creation and/or change of any content and workflow. You acknowledge that Profile Matching is not in any way responsible for the content, changes in and obligations related to workflows. Furthermore, Profile Matching is not responsible for any commitment indicated by any user in any of our websites. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regards to workflows performed in any of our websites are not provided by Profile Matching and are specifically and solely between you and the other user(s) or account.

Furthermore, due to the difficulty of authentication, especially on the Internet, Profile Matching cannot and will not in any manner verify or confirm the identity or profile of users.

Profile Matching is in no way involved in the physical transactions related to workflows and is not responsible for any monetary disputes that reside with or between any users or accounts; it is the responsibility of the involved users or accounts to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of Profile Matching.

Save where expressly stated otherwise in the Terms, and only to the extent so stated, no provision of the Terms shall give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between users or in favor of third parties.

 

VII. Charges

Profile Matching may charge service fees, user and/or account registration fee, setup fee or maintenance fee, development fee, transaction-based or license fee, respective to the service provided, as defined on our website or in customer-specific agreements.

Charges are calculated in EUR and exclude VAT.

Profile Matching reserves the right to waive or change the basis for the calculation of the fees at any time. Profile Matching may also temporarily change or suspend the fees for a promotional period. Any such changes will be described on the website.

 

VIII. Payment for Profile Matching's services

Services are pre- or post-paid, depending on the service and as per customer-specific agreements.

In certain services, at the creation of each account an account balance is created into which credits are paid from which the applicable charges are deducted by Profile Matching in accordance with clause VII. The available credit of the account is shown net, in EUR.

If you have available credits in your account balance, Profile Matching will deduct charges explained in clause VII. If an account’s balance is zero (0 EUR), the account’s users may not be able to carry out certain or any transactions on the respective website as long as the account’s balance is not topped up.

The Profile Matching account balance is a virtual representation of the credit available to pay for above charges. This Profile Matching account balance is only valid in the respective website and does not constitute a valid legal tender. Profile Matching does not pay any interest on the account balance.

The Profile Matching account balance may be topped up by credit card payment, using Visa, MasterCard or American Express. Eventual transfer and exchange expenses shall be borne exclusively by the account owner.

The minimum amount an account balance can be topped up with at any time is net 10 EUR. The amount credited to the account is directly available after top-up.

The account balance is always visible in the account, showing the current balance.

Profile Matching reserves the right to deactivate accounts with no activity for a period of at least 6 months. In such cases any available credits in the account are lost and will not be reimbursed.

Invoices for the credit card payments are directly available after payment in the company account in the form of e-invoices, and can be downloaded in .pdf format. By using Profile Matching, you accept the e-invoices and e-invoicing as the only invoicing method from Profile Matching. Invoices show charges both in EUR and GBP, with a conversion rate taken on weekdays (when the service is available for this currency pair) at 15.00 pm UTC, relying on data received from the European Central Bank. On days when the service is not available the applicable conversion rate is of the last available rate.

 

IX. Complaint management and problem resolution

Profile Matching is dedicated to effective and prompt complaint management, problem resolution and the analysis and mitigation of the root causes of complaints and problems. A complaint has to be expressed by sending an e-mail to support@matching.pro. Profile Matching is committed to provide an answer in three working days.

 

X. Reliance damages

Profile Matching is a neutral venue and Profile Matching provides intermediary services. Accordingly, reliance damages of any form are excluded by definition. Profile Matching cannot be held responsible and liable for any such and similar claims.

 

XI. No agency

You hereby agree and acknowledge that your execution of these Terms, your provision of Services and/or your use of any Profile Matching’s services and/or websites, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Profile Matching and furthermore that no affiliation (save in case you participate in the Profile Matching Affiliate Program), association or connection exists between you and Profile Matching. Users shall not hold themselves out as implying any such relationship with Profile Matching.

 

XII. Release

Should you have a dispute with one or more Profile Matching customers or users, you release Profile Matching, its subsidiaries, officers, directors, agents, subcontractors, employees and affiliates from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

XIII. Unlawful transactions

Users shall not use any of Profile Matching’s services and/or websites for unlawful activities. Any transaction or aspect of a transaction carried out, or sought to be carried out unlawfully by any customer or user is prohibited. Certain transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the customers and users to identify and adhere to such regulations.

 

XIV. License

You are permitted to view, print and download extracts from Profile Matching’s websites for your own use on the basis that:

1. no documents or related graphics on the website are modified in any way;

2. no graphics on the website are used separately from the corresponding text; and

3. our copyright notices and this permission notice appear in all copies. ​​

Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including, without limitation to, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the website other than in accordance with clause XIV. is prohibited, and if you breach clause XIV., your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website. Subject to clause XIV., no part of the website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.

 

XV. Information about you and your visits to our website

Any information about you that we process will be processed in accordance with our Privacy Policy. By using any of our websites you consent to such processing.

 

XVI. Information you submit

You are solely responsible for the information you provide to us and/or other users in the registration process or while using any of our services or websites (which shall include anything you post on the website). The information you provide must be true, legal, accurate and non-fraudulent. You agree that you are solely responsible for (and that Profile Matching has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services.

Other than personally identifiable information, which is covered under our Privacy Policy, any information you submit shall be considered non-confidential and non-proprietary. Profile Matching shall have no obligations with respect to such material. Profile Matching shall be free to copy, disclose, distribute, incorporate and otherwise use the information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

Please note that from time to time Profile Matching uses the data provided for statistical purposes. When using the data in aggregate, Profile Matching guarantees anonymity and confidentiality of the user and its company.

You authorize Profile Matching to use the information you supply to Profile Matching in connection with Profile Matching’s Services and in accordance with these Terms. Profile Matching’s websites act as a passive conduit for any and all communication and/or distribution of information. Profile Matching has no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication and information. Profile Matching does not and will not ensure the accuracy or reliability of such communication or information, nor will Profile Matching act as a monitor over the content of such communication or information. However, Profile Matching does reserve the absolute right to remove or restrict any communication or information that you may post to any of our websites that is in violation of these Terms, illegal, threatening or lewd.

You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on any of our websites, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information.

To only that extent to allow Profile Matching to use your communication, content and/or information and not violate your rights in the same, you grant to Profile Matching a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your communication, content and/or information you submit to Profile Matching:

- Will not violate any international, state, federal and/or national law, statute, ordinance or regulation;

- Will not violate these Terms;

- Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;

- Will not contain obscene, lewd, abusive, or suggestive content and under no circumstances will it contain pornography;

- Will not be offensive, indecent, libelous, and liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, threatening, harassing, and defamatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience. This specifically includes making legal claims of any sort about Profile Matching, its employees, agents, other members, or any of our websites itself;

- Will not contain any computer hardware or software, logic bombs, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of any of our websites, operation of any of Profile Matching’s systems and/or create or impose a large burden or load on and of our websites;

- Will not scan or test the vulnerability or security of any of our websites or the system within which it operates;

- Will not be used for commercial or public purposes outside of the requirements of these Terms;

- Will not create liability for Profile Matching in any manner whatsoever;

- Will not frame or link to any of our websites without Profile Matching’s prior written permission; and

- Will not involve the upload, or insertion of, any programming language or code into or onto any of our websites.

You agree to use common sense and good judgment when conducting or posting any information. You assume legal responsibility for all damages incurred as a result of any of your communication or distribution of information. Profile Matching insists that all users abide by netiquette and communicate with each other in a respectful manner.

You acknowledge and warrant that you do not misuse any of our websites, including, without limitation, by hacking. We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause.

 

XVII. Unsolicited idea submission

Profile Matching always wants to receive messages and feedback from Profile Matching’s customer and users and welcome any comments regarding the Profile Matching service and websites. However, Profile Matching’s policy does not allow Profile Matching to accept or consider ideas, suggestions, or proposals other than those Profile Matching specifically requests. The intent of this policy is to avoid the possibility of future misunderstandings when new services, functionalities and features developed internally by Profile Matching might be similar or even identical to your idea.

If you do send Profile Matching an unsolicited suggestion, idea, or proposal, or if you send, at the request of Profile Matching, a comment or suggestion to improve Profile Matching’s services or websites, Profile Matching will consider the submission of this information to be non-confidential and non-proprietary. Profile Matching shall have no obligations concerning the submission of this information, contractual or otherwise (including but not limited to an obligation to keep the submitted information), and shall not be liable for any use or disclosure of any submitted information. Profile Matching shall be entitled to unrestricted use of the submitted information for any purpose whatsoever, commercial or otherwise, without compensation to you.

By sending any how-to or product information or material, you grant Profile Matching an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Profile Matching is free to use ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law.

 

XVIII. EU/EEA Data Processing

To the extent that Profile Matching Ltd. processes any 'Personal data' that is subject to the General Data Protection Regulation (the 'GDPR'), on your behalf, in the provision of the Services, the terms of the Profile Matching Ltd.'s EU Data Processing Agreement (the 'Data Processing Agreement') or customer-specific Data Protection Agreement shall apply.

If you are located in the European Union or the European Economic Area (EEA), the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with Profile Matching Ltd., which provide adequate safeguards with respect to the Personal data processed by us under the Terms and Conditions and pursuant to the provisions of our Data Processing Agreement apply.

You acknowledge in all cases that Profile Matching Ltd. acts as the 'Data processor' and you are the 'Data controller' under applicable data protection regulations in the European Union and the European Economic Area. You will obtain and maintain any required consents necessary to permit the processing of Personal data under the Terms and Conditions. If you are subject to the GDPR you understand that if you give an integration provider access to your Profile Matching account, you serve as the Data controller of such information and the integration provider serves as the Data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.

 

XIX. Fraud

We may suspend or terminate your company and/or user account if it is suspected that you have engaged in fraudulent activity in connection with any of our websites. You shall not:

​- Request payment from another Profile Matching user via instant cash transfer services (non-bank, point-to-point cash transfer services);

- Represent or communicate to users that you are to collect the Profile Matching charges;

- Cause or instruct another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the Profile Matching charges;

- Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a user, that circumvents or avoids Profile Matching’s right to charges for Services.

 

XX. Remedies

Remedies for use of any of our websites that violate these Terms include, but are not limited to, the immediate removal of your workflow data and/or posted content, notifying users of your actions, issuing a warning, temporarily suspending your company and/or user account, terminating your company and/or user account, and refusing to provide Services to you.

 

XXI. Rejection or removal of company and user accounts

Profile Matching reserves the right to reject your registration or cancel your company and/or user account at any time and for any reason or for no reason and without notice to you.

An event that may result in the rejection or removal of your participation can include but is not limited to: any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a user; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of Profile Matching’s employees, agents, affiliates or partners.

Profile Matching reserves the right to notify other users of any actions that Profile Matching, in its sole discretion deems serious, and which have led to the suspension or termination of your company and/or user account.

 

XXII. Termination

We may, at our sole discretion, restrict your access to any of our websites and/or refuse to correspond with you without prior notice where:

- There is a regulatory or statutory change limiting our ability to provide access to any of our websites;

- There is any event beyond our reasonable control preventing us from providing access to any of our websites (for example, and without limitation, technical difficulties, capacity problems and communications failures); or

- We consider that you are abusing our services and/or our website or are otherwise acting in breach of the Terms.

 

XXIII. Petition for reinstatement

If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement in e-mail as to why you should be reinstated along with your contact information. Your appeal may be reviewed at Profile Matching’s discretion and any determination as to your reinstatement will be at Profile Matching’s sole discretion. Your submission of an appeal does not, in any way, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. Profile Matching will contact you as to its decision to reinstate you. Profile Matching is not obligated to give you any reasoning as to the decision. You understand that any decision as to reinstatement may be a simple yes or no. All decisions are final.

 

XXIV. Confidentiality/non-disclosure

During the use of our services and/or any of our websites, Profile Matching may disclose to you, or you may otherwise learn of or discover, Profile Matching’s documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Profile Matching’s business. You hereby agree and acknowledge that any and all of this information is confidential and shall be Profile Matching’s sole and exclusive intellectual property and proprietary information. You agree to use Profile Matching’s information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein will survive the termination of these Terms. Furthermore, you acknowledge that Profile Matching’s information is proprietary, confidential and extremely valuable to Profile Matching, and that Profile Matching would be materially damaged by your disclosure of Profile Matching’s information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that Profile Matching shall be entitled to injunctive relief in relation to the breach or the threatened breach, in addition to any other legal or equitable remedies and without the necessity of proving actual damages.

 

XXV. Record keeping

Profile Matching reserves the right to keep all records of any and all transactions and communications between you and other users and Profile Matching for administration purposes.

 

XXVI. Non-solicitation

During the term of these Terms, you shall not solicit to employ nor employ any of Profile Matching’s employees of whom you become aware through the performance of the Services. Furthermore, you shall not otherwise interfere with any of Profile Matching’s other business relationships including those with Profile Matching’s customers or users.

 

XXVII. Indemnity

You agree to indemnify and hold Profile Matching and its subsidiaries, officers, directors, agents, subcontractors, employees and affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of these Terms, or violation of any law or the rights of a third party.

 

XXVIII. Links to and from other websites

Any of the Profile Matching websites may contain links to other websites so that you may learn more about the services available at Profile Matching and other matters that Profile Matching feels may be of interest to you. Profile Matching is providing these links to you only as a convenience. If you use these links, you leave the respective website. The inclusion of any such link does not imply endorsement by Profile Matching of such website or any association with its operators. While Profile Matching will make commercially reasonable efforts to ensure that these websites will meet your approval, Profile Matching does not have control over, and is in no manner responsible or liable for the availability and content of the websites to which the Profile Matching websites are linked. Profile Matching makes no representations whatsoever about any other website (including, but not limited to, the material found there or any consequences of using them) you may access through any of Profile Matching’s websites. Any concerns regarding any product or service offered by a website to which any of Profile Matching’s websites are linked or the link itself should be directed to the operator of that specific website and not to Profile Matching. If you decide to access any of the third party websites linked to any Profile Matching website, you do so entirely at your own risk.

If you would like to link to any of Profile Matching’s websites, you may only do so on the basis that you link to, but do not replicate, the respective website(s), and subject to the following conditions:

- You do not remove, distort or otherwise alter the size or appearance of any logos used by us on the website(s);

- You do not create a frame or any other browser or border environment around the website(s);

- You do not in any way imply that we are endorsing any products or services other than our own;

- You do not misrepresent your relationship with us nor present any other false information about it;

- You do not otherwise use any trademarks owned by Profile Matching (whether these are registered or unregistered) which are displayed on the website(s) without our prior and express written permission;

- You do not link from a website that is not owned by you; and

- Your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which does not otherwise comply with all applicable laws and regulations.

 

XXIX. Security

Profile Matching uses industry standard practices to safeguard your personal information, including firewalls and secure socket layers. Profile Matching utilizes several different security techniques to protect data from unauthorized access but cannot guarantee the security of its systems. Profile Matching also does not guarantee uninterrupted or secure access to its systems, as the operation of the services and/or websites can be interrupted by numerous factors outside of Profile Matching’s control.

 

XXX. No felony convictions

You represent that you, and any individuals associated with you who will be involved in a transaction have not been convicted of a felony which is related in any way to business in general. Furthermore, you warrant and represent that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that would prevent you from performing a transaction to which you are a party or your obligations under the Terms.

 

XXXI. Protection of intellectual property content, copyright

The Profile Matching websites contains text, trademarks, trade names, trade dress, copyrighted material, service marks, domain names, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos, code, software, programs, routines, libraries, tools, applications, communication protocols, data structures and formats, user interface design and layouts, software architecture and components, pattern, methodologies, as developed and operated by Profile Matching as well as all developments, modifications and enhancements of the same and any documentation (user guides, descriptions, manuals, presentation and any other kind of document and under any form) relating thereto, or other indicia of ownership which, unless otherwise indicated and/or provided pursuant to a third party license, are Profile Matching’s sole property and Profile Matching retains all appurtenant rights, interests and title thereto and are protected by international copyright laws. The Profile Matching intellectual property rights cover (without limitation) all copyrights, moral rights, patents, trademarks, trade secrets and design rights and any other intellectual property rights, whether registered or unregistered.

The compilation (meaning the collection, arrangement, and assembly) of all content on any of our websites is the exclusive property of Profile Matching and is protected by international copyright laws. Profile Matching also claims ownership rights under the copyright and trademark laws with regard to the 'look', 'feel', 'appearance' and 'graphic function' of any of our websites including but not limited to its color combinations, layouts and designs.

Unless otherwise agreed to in an addendum to these Terms, you agree that no right, property, license, permission or interest of any kind in or to these marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of these Terms or any part thereof. You shall in no way contest or deny the validity of Profile Matching’s right of title to or license of use for these marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of these Terms and thereafter.

Profile Matching grants you permission to view and use content and software made available to you on its websites in connection with your use of the services and/or the respective website. Any other use, including the reproduction, modification, distribution, sale, transmission, republication, display, or performance, of the content and software of the Services or on any of our websites or the use of it in any other way for public or commercial purpose is strictly prohibited. You shall use the Services strictly for the sole purposes for which it was designed and created.

You shall not disassemble, reproduce, translate, adapt, modify, decompile, reverse engineer, or reverse compile any part of the software, or make any attempt to discover its source code, nor rent, lease, sublicense, resell for profit, transfer, loan, distribute or modify the software or any component thereof, unless expressly authorized by Profile Matching as confirmed in writing.

You shall notify Profile Matching immediately if you become aware of any unauthorized possession or use of the software and the Services and any associated documentation by any third party.

You shall not use or register any domain name that is identical to or similar to any of these marks. You agree that you shall not acquire the terms used in the service names of Profile Matching and ‘Profile Matching' or any variant that includes the terms used in the service names of Profile Matching or 'Profile Matching' or may be confused with it on Google AdWords or any similar Internet advertising service.

All other trademarks, service marks and copyrights are held by their rightful owners.

 

XXXII. Dispute resolution

Disputes between you and Profile Matching regarding Profile Matching’s Services should be reported to Profile Matching via e-mail to support@matching.pro. Profile Matching will attempt to resolve any disputes you have with Profile Matching. Because Profile Matching’s website is a neutral venue, Profile Matching is not responsible for resolving any disputes between you and other users regarding Services. If you report a dispute to Profile Matching, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and the other users. Therefore, if Profile Matching is contacted by a user who claims to have a dispute with you regarding the Services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize Profile Matching to release your provided contact information to the user and you agree to release Profile Matching from any and all liability associated therewith. Profile Matching encourages you to report all user-to-user disputes to law enforcement officials or a certified mediation or arbitration entity. Profile Matching does not specifically endorse any such third party mediation or arbitration entity.

When appropriate, Profile Matching also encourages you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.

 

XXXIII. Marketing

Either party may publicly use and make reference to the other party’s name and trademarks and the existence of their contractual relationship, for any commercial purpose and in any publication, unless the other party instructs otherwise.

 

XXXIV. Disclaimer

You assume all responsibility and risk for the use of any of Profile Matching’s websites and the Internet generally. Our websites are provided by Profile Matching on an 'as is' basis. Profile Matching and its subsidiaries make no representations or warranties of any kind, express or implied, as to the operation of any of our websites or the information, content, materials, or products included on any of our websites. To the full extent permissible by applicable law, Profile Matching and its subsidiaries disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.

Profile Matching and its subsidiaries, agents, subcontractors and affiliates will not be liable for any damages of any kind incurred by any person or entity arising from the use of any of our websites or services, including, but not limited to, direct, indirect, special, incidental, consequential loss or damages, or damages resulting from loss of use, data, business, goodwill, revenue, profits, contracts, anticipated savings, wasted management or office time, or business interruption arising out of or in any way connected with the use of any of our websites, any delays on any of our websites, or the inability to use any of our websites, any portion of them, or any hyperlinked website, whether based on contract, tort, negligence, breach of contract, strict liability or otherwise, even if Profile Matching or any of its subsidiaries, agents, subcontractors or affiliated has been advised of the possibility of such damages.

 

XXXV. Changes to our Terms and Conditions

If we decide to change our Terms and Conditions, we will post those changes on this page, and/or update the Terms and Conditions’ last revision date on the top of this page.

 

XXXVI. Privacy Policy

You agree to the use of your data in accordance with Profile Matching’s Privacy Policy. 

 

XXXVII. Governing law, arbitration

Any legal claim arising out of or relating to these Terms, your relationship with Profile Matching, your use of any of our websites or Profile Matching’s Services, including legal action taken by Profile Matching to recover damages for, or obtain an injunction relating to the Profile Matching websites’ operations, intellectual property, and Profile Matching’s Services, shall be governed by the laws of England, without regard to principles of conflict of laws.

You and Profile Matching agree to submit to the exclusive jurisdiction of the courts of the city of London, the United Kingdom to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Profile Matching shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

XXXVIII. General

You warrant that it is legal for you to view our respective website(s) in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its/their contents.

These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by express terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. If any provisions of the Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The remainder of the Terms shall be construed as if such invalid or unenforceable provision had never been a part of the Terms but in a manner so as to carry out as nearly as possible the Parties’ original intent.

The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. You agree that if Profile Matching does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Profile Matching has the benefit of under any applicable law), this will not be taken to be a formal waiver of Profile Matching’s rights and that those rights or remedies will still be available to Profile Matching.

Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.

The Terms constitute the entire agreement between you and Profile Matching Ltd. as to your use of the any of our websites and Services and shall supersede any prior agreement or representation in respect thereof.

The Terms supersede and merge all prior proposals, understandings, and all other agreements, oral and written, between the Parties relating to these Terms. These Terms may not be modified or altered except by written document duly executed by both Parties.

Any and all notices to be given by either party to the other pursuant to or in connection with the Terms shall be deemed sufficiently given when forwarded by e-mail transmission in each case addressed to you at any e-mail address you have given us or to us at the e-mail address displayed in I. of these Terms.

You acknowledge and agree that each member of the group of companies of which Profile Matching Ltd. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

The present Terms are concluded for an indefinite term. Upon termination thereof for whatever reason, you are to return all documentation, confidential or proprietary information and materials and any copies of thereof in your possession or delete any copies of the same held electronically.