Terms of Use

Welcome, and thank you for using matchboxbusiness.com. When you use our services, you're agreeing to the terms for site use (“Terms of site Use”), posting of requests or briefs (“Terms of Service for Posting Requests”) or registering as a Service Provider to promote your services (“Terms of Service for Service Providers”). Please take a few minutes to read over the Terms of Service Agreements below.
The following Terms of Use, which include the Site Use, Posting Rules for Client Members, Terms of Use for Service Providers, IP Policy, and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you (“User, “you,” “your”) and matchboxbusiness.com (“matchboxbusiness.com,” “Matchbox Business,” “we,” “us”) (hereinafter collectively referred to as the “Terms of Service”).  By visiting or using the services available from the domain and sub-domains of matchboxbusiness.com (the “Website,” “the site”), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

Overview and Definitions

Matchboxbusiness.com is an online portal that enables buyers or users of professional services, marketing services and outsourcing services (“Client Members”) to search for, be matched and introduced to providers of professional services, marketing services and outsourcing services (“Service Providers”).  The Website contains features that enable Service Providers and Client Members (“Registered Users”) to do, among other things, the following:
Client Members:Create profiles, post requests or briefs, search for Service Providers, and communicate with Service Providers by contact details exchange (e-mail and telephone numbers), set as favourites (“short list”) and star rate Service Providers.
Service Providers: Create profiles, advertise capabilities through their “Profile Page”, post requests or briefs, search for Service Providers, and communicate with Client Members or other Service Providers by contact details exchange (e-mail and telephone numbers), request or obtain star rating, and receive invoices.
We also provide Registered Users (“Service Providers” and Client Members”) with certain services described in, and subject to, these Terms of Service (as further defined below). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website.

Terms for Site Use

Relationships

Client Members and Service Providers each acknowledges and agrees that their relationship is independent of Matchbox Business. The Service Provider shall perform services as an independent provider and nothing in these Terms of Service shall be deemed to create a partnership, agent, joint venture, agency, or employer-employee relationship between Service Providers and Client Members or between Matchbox Business and any Service providers or Client Members.
Matchbox Business is not a party to the dealing, contracting and fulfilment or guarantee of any relationships beyond the initial ‘matches’ on the Site. Any Projects are between and Client Member and a Service Provider. Matchbox Business has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of request listings, the qualifications or abilities of Registered Users, the ability of Service Providers to perform services, the ability of Client Members to pay for services, or that a Service Provider or Client Members can or will be guaranteed to receive matches for a request.
Service Providers or Client Members each acknowledges and agrees that the value, reputation, and goodwill of the site depend on their integrity and agreements as set forth in this Terms of Service Agreement.

Using the Client-Expert Matching System

The Client-Expert Match System has been developed and built by Matchbox Business for introducing Client Members to registered and verified Service Providers and managing both the request (“Live Requests”) and the profiles of registered users. Matchbox Business provides the platform through which Client Members submit requests, Matchbox Business lists these requests on the site, Service Providers set up a profile outlining their skills and expertise, Matchbox Business matches them and sends both parties an e-mail alert summarizing these matches daily. A project end date determines the period of time when matches will be completed. Client Members and Service Provider may change their requests or profiles at any time through their login on the site.

Limitation of Liability

This site provided by Matchbox Business makes no representation or warranties of any kind express or implied, as to the operation of this site or the information content, material, or services or products included on this site. You expressly agree that your use of this site is at your sole risk. MATCHBOX BUSINESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Terms of Service for Service Providers

Services Eligibility

To access our services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. matchboxbusiness.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

Registration

To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

Accounts and Profiles

Once you have registered with the Website as a Registered User, the Website will create your Account with matchboxbusiness.com and associate it with an account number. You may create one profile under your Account.

Username and Password

During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize matchboxbusiness.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.

Username and Password

During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize matchboxbusiness.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.

Membership

Matchboxbusiness.com provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as a Client Member or a Service Provider
(ii) the selections made during registration,
(iii) any subsequent upgrades or downgrades of membership options after registration.

Client Members

All Client Members have the membership benefits described here. Note benefits may change from time to time at the sole discretion of Matchbox Business and upon reasonable notice posted in advance on the Website.

Service Providers

Service Providers can choose from “Lead Generator” and “Business Builder” membership options. The differences between these options are listed here.Each membership option includes a certain number of “categories.” As described on the Website, a Service Provider selects categories of services which are then used by Matchbox Business to obtain matching requests and briefs posted. This generates Client Leads for the Service Provider. If a Service Provider requires additional categories in a given period, the Service Provider has the option to upgrade additional categories by purchasing a “Business Builder Package” as described on the Website. We reserve the right to change membership fees, the number of categories included in the membership options or the price or institute new fees at any time, at the sole discretion of Matchbox Business and upon reasonable notice posted in advance on the Website. No refunds of membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

Verification

Only when it is clear to Matchbox Business that the description of the services provided, are suitable for the Service then Service Providers will become a Verified Service Provider. Match Business has the right to decline registrations at its discretion. Matchbox Business will evaluate registrations against criteria important to us, such as a Service Providers’ work experience, profile, certifications, references, feedback from prior Client Members, location, and communication style.

Payment Obligations Membership Fee

Service Providers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed on the Website. This is a listing fee and is payable at registration for a period of 12 months from the date of registration being completed on the site. By checking “I agree” at the end of the registration process, you agree to the Terms of Service. Unless otherwise agreed the fee will be charged and invoiced by Matchbox Business within 24 hours.

Authorized Payments

Your registration on the matchboxbusiness.com constitutes your agreement to pay for any amounts which you authorize us to obtain from you, as appropriate, charge to your credit card, or PayPal account. Such payments, once authorized, are final.

Billing Information

Please enter your billing information exactly as it appears on your credit card statement. Incomplete or incorrect information may result in a delay or cancellation of your subscription.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to Matchbox Business storing your payment information. You also agree to pay the applicable fees for the services (including, without limitation, annual renewal, periodic fees for promotions, upgrade of account) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, because of exchange rates.
Matchboxbusiness.com does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Services by contacting us at customersupport@matchbox.com. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Matchbox Business services are subject to this Agreement and any additional terms related to the provision of the Service. An invoice for your transaction with us will be emailed to you; you may also access it through customersupport@matchbox.com.

Currency

The matchboxbusiness.com Billing and Payment Services operate in AUS Dollars and therefore matchboxbusiness.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than AUS Dollars, nor is matchboxbusiness.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.

Terms of Service for Posting Requests

Billing Information

This Terms of Service for Posting Requests (“Policy”) is part of and incorporates by reference all terms, conditions, rules, policies and guidelines on the site, including the Terms of Service (“Terms of Service”). This Policy is effective May 1, 2014. Your continued use of the site after that will signify your acceptance of this Policy. We may modify the provisions in this Policy without notifying you, so please check back often for updates.
Once you have set up an account you can submit a request and while your account is active you can submit as many requests as you like. Matchbox Business will not charge Registered Users a fee for posting a request. From time to time Matchbox Business may review requested to check for quality and completeness. Matchbox Business may send you a reminder or tips to complete requests or manage those requests that have expired past the request date.

Posting a Request

As a Client Member and Service Provider, when posting requests and receiving communication between Client Members and Service Providers (“matches”), you agree to abide by the following guidelines: Post requests with clear scope, accurate contact information and concise criteria selection. Do not hesitate to contact Customer Support for assistance with posting a request. By posting a request on the site you accept that Service Providers can view your request on matchboxbusiness.com.
Note the posted requests by Client Members are not visible to site visitors and can be viewed only by Matchbox Business and registered Verified Service Providers.

Prohibited Request Postings

You agree NOT to do the following when you post a request or transmit information on the site:
Post any request, submit any brief or tender, or otherwise use Matchbox Business to transmit any content or conduct any transaction that would violate any applicable law or regulation in Australia or U.S. or any other country.
Post any Request that is false, posted without the intention to complete the Request, or posted only to receive pricing information. Post any Request that offers commission or equity compensation. Require or request that a Service Provider deliver a project or concept as part of a Request submission. Post any Request, proposal, deliverable or transmit any content that infringes a third party’s Intellectual Property Rights, license rights, the terms and conditions of use of such third party’s Web site or copyrighted materials or such third party’s rights of publicity or privacy. Post any Request, proposal, or deliverable or transmit any content related to or containing any adult or sexually explicit material.

Termination and Suspension

These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is ended by you or matchboxbusiness.com. Unless otherwise agreed to in writing between the parties, either party may terminate the agreement represented by these Terms of Service at any time without notice to the other party. In such an event, your Account is automatically terminated and matchboxbusiness.com shall continue to perform those services necessary to complete any open communication between you and another Registered User. Any termination of an Account will automatically lead to the termination of all related profiles and requests.
Without limiting our other options, we may issue a notice, temporarily suspend, indefinitely suspend or terminate your Account or a Request, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Matchbox Business or are contrary to the welfare of the Website. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
To the extent you engage in actions or activities which circumvent the Matchbox Business Client-Expert Match System you must pay Matchbox Business for all fees owed to Matchbox Business and reimburse Matchbox Business for all losses and costs and reasonable expenses (including legal representation fees) related to investigating such breach.
When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts or profiles.

Confidentiality Promise

Use and Disclosure of Personal & Company Information

We use your Data for purposes which may include:
Providing our Service Providers with your personal information and company information, providing matchboxbusiness.com your personal information and company information to operate the Client-Expert Match System (matching service), to build up marketing profiles, processing orders, registrations and enquiries, allowing you to participate in interactive features of our service, to audit usage of the site, providing data for reports for Matchbox Business’s use, providing you with information about products and services we offer (if you agree to receive such information), and monitoring compliance with our Terms and Conditions and Privacy Policy, IP Policy, Cookies Policy within the Terms of Service Agreement.
The Service Provider profile information displayed includes only data and information provided by you and displayed for visitors and registered users to view. The profile page displays; Company name; the categories selected, a profile summary, the year the business was established, the type of Clients Preferred (B2B, B2C, etc.), the level of the offering, skill & experience, gallery of images, star rating, share profile buttons, contact information, preferred locations, and awards & recognition. Matchbox Business has the right to change, without notice, the information categories that are displayed on Service Provider Profile page.
We may also disclose your information to business partners and to third party suppliers we engage to provide services which involve processing data on our behalf, successors in title to our business or in accordance with a properly executed court order or as otherwise required to do so by law. We reserve the right to fully co-operate with any law enforcement authorities or court order requiring or requesting us to disclose the identity or other usage details of any user of our sites.
We use technology on the registration and manage my account pages of our website, which may record user movements, including page scrolling, mouse clicks and text entered. It will not record financial information such as credit or debit card details. The data we collect in this way helps us to identify usability issues, to improve the assistance and technical support we can provide to users and is also used for aggregated and statistical reporting purposes. Other technology allows visitors and Registered Users to share a Service Provider’s Profile page by clicking to social media share buttons (“Share Profile”), such Facebook, LinkedIn, g+ and e-mail, to assist in the promotion of the Service Provider’s Profile page on external social networks and web sites. The link to your profile on matchboxbusiness.com will not be under your control. If you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your entering it, do not post it to any forms, profiles pages, requests or account information. MATCHBOX BUSINESS IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON MATCHBOXBUSINESS.COM.

Your Obligations

As between you and Matchbox Business, you own the content and information you provide Matchbox Business under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Matchbox Business a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Matchbox Business, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Matchbox Business, without any further consent, notice and/or compensation to you or to any third parties.
Pursuant to this Agreement, Matchbox Business may grant other Registered Members access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
It is your responsibility to keep your Matchbox Business request and profile information accurate and updated.
The requests and profile you create on Matchbox Business will become part of matchboxbusiness.com and except for the content and information that you license to us is owned by Matchbox Business. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Matchbox Business account to another party; and (5) not charge anyone for access to any portion of matchboxbusiness.com, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your matchboxbusiness.com account, please contact us at support@matchboxbusiness.com.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through matchboxbusiness.com.

Privacy

Your use of the Site and the services provided therein and thereby is governed by the terms of these Terms of Service and the Matchbox Business Privacy Policy.It is your responsibility to review the Matchbox Business Privacy Policy.

Privacy

Your use of the Site and the services provided therein and thereby is governed by the terms of these Terms of Service and the Matchbox Business Privacy Policy.It is your responsibility to review the Matchbox Business Privacy Policy.

Security Policy

Matchbox Business has appropriate measures in place to ensure that our users’ Data is protected against unauthorised access or use, alteration, unlawful or accidental destruction and accidental loss. User Data may be transferred outside Matchbox Business to data processors such as fulfilment houses but they will act only on our instructions to provide the services required.
If you wish to amend any of the Data which we hold about you, or update your marketing preferences, please contact support@matchboxbusiness.com.. You may request a copy of the personal information we hold about you by contacting us by e-mail at support@matchboxbusiness.com. or write to:
Company Secretary, PO BOX 281, Moorebank NSW, 1875 AUSTRALIA

Intellectual Property

Site Content

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Matchbox Business Intellectual Property guideline (IP Policy). It is your responsibility to review the Matchbox Business IP Policy below, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself.

Registered User Content

You are exclusively and solely responsible for information entered or posted on our Website, including but not limited to (a) any audio, video or images (“Multimedia Content”), any posting or listing made in any public message area, through any email feature or through our blog or social media feedback feature (“Content”), and (b) any other content of a personal nature including but not limited to your CV or resume, company brochure, profile description, experience & skills, awards received and listed, and work references for another Registered User including Companies (“Personal Information”). You retain ownership of all Content and Personal Information.
You assign to Matchbox Business your rights in any Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing matchboxbusiness.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Information for the purpose of providing Services.
Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, threatening or harassing; nor (c) be obscene or indecent. Any infringements may lead to Termination and Suspension of your account. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we control the information provided by you or other Registered Users or other content providers which is made available through our system.

Referral Programs

This Referral Program hereby incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Terms of Service (“Terms of Service”). This Referral Program (“Policy”) is effective as of May 1, 2014. Your continued use of the site after such time will signify your acceptance of this Referral Program. Matchbox Business reserves the right to modify or terminate the Referral Program at any time.

Referral Program Terms

Matchbox Business will provide each Member access to referring a friend to matchboxbusiness.com (“Referral Participant”) with a ‘referral ID’ upon acceptance of registration with Matchbox Business. Matchbox Business will pay the Referral Participant the specified referral fee or rebate. Eligible Registration or Eligible Transaction, as such terms are defined below. “Eligible Registration” occurs when a username identified with a Referral Participant’s referral ID successfully completes Matchbox Business’s registration process. Matchbox Business in its sole discretion accepts such registration. Registrations that: (1) are not in good faith, or (2) involve a registrant that has previously registered with Matchbox Business at any time, are NOT Eligible Registrations.

Referral Fees or Rebates and Payment

For the successful referral of new Client Members and Service Providers, you receive a Rebate. As the referring person you receive a rebate used towards a) registering up as a new Service Provider or b) if you are already a Service Provider with a 'Lead Generator Package' you can upgrade to the 'Business Builder Package' and c) can also use the rebate towards advertising your business on the Matchbox Business website. Matchbox Business will refund Eligible registration through its payment gateway in the form of a re-fund after the registration process or transaction has taken place. We will pay a Referral Participant a “Rebate payment” for every Eligible Registration as a paid Service Provider on Matchbox Business and for each Eligible Transaction. Please consult with the site for the current Referral Rebate.. Matchbox Business will track Registrations and Eligible Transactions.
A Rebate payment shall be made directly into your Credit Card or Pay Pal Account as applicable. All amounts shall be paid in AUS dollars. Matchbox Business reserves the right to investigate any suspicious, unprofessional or inappropriate registration or transactional activity. Matchbox Business also reserves the right to delay payment of any Referral Fees, at its sole discretion, while it conducts an investigation of such activity. If Matchbox Business, in its sole discretion, concludes that a particular registration or transaction was deceptive or did not qualify as an Eligible Registration or Eligible Transaction, respectively, you agree that Matchbox Business will not be obligated to pay any Referral Fees for such registration or transaction.
If a service or registration upon which you have already been paid a Referral Fee is later cancelled within 45 days or rejected by Matchbox Business, following you receiving a Rebate payment, this may be deemed a breach of the terms of this Policy. You agree that Matchbox Business has the right in this case to charge back the Rebate payment to your Credit Card or Pay Pal Account as applicable.

Contacting Us

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact Customer Support in writing as follows:
Matchbox Business
Customer Support
PO BOX 281
MOOREBANK NSW 1875
support@matchboxbusiness.com
Or Call Us on +61 4 18458889