MM operates the website https://measurematch.com ("Website"). MM is a company incorporated in England and Wales with company number 10199524 whose registered office is at 5th Floor (744-750) Salisbury House, London Wall, London, London, England, EC2M 5QQ. MM’s VAT number is 253943881.
MM provides a specialised online marketplace ("Platform") which links business users ("Buyers") with individual contractors, consultants or companies who have registered via the Website ("Experts"). Buyers and Experts are able to conduct a dialogue about prospective engagements and enter into direct agreements for the provision of relevant Projects. Any such agreements are a matter for negotiation and resolution between Buyers and Experts alone. MM is solely the provider of a marketplace infrastructure to enable such agreements to be defined, agreed and concluded.
The Platform enables Experts to feature their services and allows Buyers to solicit interest in published work opportunities ("Project(s)"). The Platform incorporates an online escrow payment mechanism through which services are paid for and MM’s fees are deducted. MM shall provide, operate and maintain the required technology to host the marketplace.
Registration on the Platform as a Expert is not intended to and does not operate as a promise or guarantee of any kind by MM to a Expert that it will be successful in any tender for Projects.
The Platform enables Experts and Buyers to agree on the details of Projects including the nature, timing, content and price. The point at which these details have been agreed is described in these Terms of Service as a "Project Booking" and the conclusion of a Project will be set out in a mutually agreed confirmation via the Platform ("Project Confirmation").
MM is remunerated by way of: (i) a commission fee for the booking as in force and communicated to the Expert from time to time; and (ii) the notified administrative fee from time to time.
Experts can only seek to access the Platform for business use only and all Experts must complete the registration form on the Website which incorporates a user profile (“Profile”). Each Expert consents to the publication on the Website of its Profile and only individuals who are registered on the Website either directly in their own names or indirectly through a company can tender for Projects. MM has absolute discretion to decide whether to approve or reject a registration. By registering on the Website, an Expert warrants: (i) that it is legally capable of entering into binding contracts and (ii) where the Expert registers as an individual and not through a company that he or she is at least 18 years old.
An Expert is obliged to keep its registered information up-to-date and it is responsible for any consequences of any failure to do this. MM reserves the right to verify the identity of any person seeking to register as an Expert and an Expert hereby authorises MM to make such checks (whether by way of identity documentation or enquiries of third parties) as are reasonable and necessary.
Each Expert will be required to choose a username and password ("Access Information") in order to access the Platform and shall be solely responsible for safeguarding such Access Information and keeping it confidential. Each Expert shall notify MM immediately should it believe that unauthorised use has been made of Access Information or its account has been accessed without authorisation..
By registering for an account or by clicking to accept these Terms of Service when prompted on the Website, a Expert is deemed to have entered into this Agreement electronically, with effect from the date of registration.
An important feature of the Platform is its feedback functionality. Each Expert confirms on registration that MM is authorised to post feedback, whether in published Profiles or elsewhere on the Website. Feedback results for each Expert will consist of comments, Buyer service ratings, other indicators of Buyer satisfaction, and other feedback left by other Experts and will be freely available to all persons registered to access the Platform. MM does not monitor or censor feedback comments or the opinions expressed. Feedback is provided solely to make use of the Platform more efficient and no person may use feedback comments for any other purpose.
MM does not monitor content in the feedback section but will do so if asked. Any Expert expressing opinions or posting comments may be held legally responsible for damages suffered by other Experts or third parties as a result of its remarks if such remarks are legally actionable or defamatory. MM is not legally responsible for any feedback or comments posted or made available on the Website by any Experts or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect individuals from abuse, MM reserves the right (but is under no obligation) to remove posted feedback or information that, in MM’s sole judgment, violates these Terms of Service or negatively affects the Platform or the reputation of the marketplace that MM offers.
An Expert may access the Platform and submit a tender for Projects only if it is not restricted from doing so by contractual, fiduciary or other obligation(s). By completing the registration form and accessing the Platform, a Expert warrants that it is not restricted from providing Project services for Buyers and that it has obtained all necessary approvals.
An Expert is free at any time prior to payment by the Buyer of the Project Work fee as referred to in section 7 below to accept or decline any request from a Buyer to provide Project services at its sole discretion, provided that it may only provide services that:
(a) do not carry any conflict of interests;
(b) it is permitted to conduct under applicable laws and any restrictions it may have (including contractual, employment, or otherwise); and
(c) it is technically able to deliver to the standard reasonably expected by the Buyer assuming the Buyer has in turn been clear as to its requirements.
Each Expert warrants that:
(a) its conduct of any Project services and the content and format of any materials used or supplied will not infringe the copyright rights or other intellectual property rights of any third party and hereby indemnifies MM from and against any costs claims damages or expenses (including reasonable legal expenses) that it may incur or suffer as a result of any breach of this warranty; and
(b) it has adequate insurance (including travel insurance) in respect of conduct of the relevant Projects
Each Expert agrees:
Following a Project Booking and receipt by the Buyer of a Project Confirmation, the Buyer shall be required to pay the Project fee stated on the Project Confirmation or, if relevant, the first instalment as provided on the Project Confirmation as well as any agreed travel expenses into a separately designated escrow account in the name of MM, details of which are on the Project Confirmation.
The Expert will be paid her/his agreed fee less MM’s own fees after the Project or after a mutually agreed Project milestone has been delivered. MM will withhold all or some of the fee if the Expert has materially failed to meet its obligations.
MM shall retain the agreed Project fee in the Escrow Account on the terms set out in the escrow terms published from time to time on the Website.Each Expert consents to the issuance by MM of self-billed invoices in respect of its fees. The Expert agrees not to issue its own invoices in respect of such deemed supplies. Each Expert shall inform MM forthwith on it ceasing to be registered for VAT, or following a sale of its business or the re-registration of it business under a new VAT registration number.
MM may set off against any amounts payable to Expert any payment of any amount owed by Expert to MM (or to HMRC, if HMRC does, or is likely, in MM’s reasonable opinion, to claim any VAT from MM); and any payment made by MM shall be without prejudice to any claims or rights which MM may have against Expert.
The Platform operates in $ and MM shall deduct from the Escrow Account such sums as shall be necessary to compensate it for any foreign currency losses suffered as a result of payments being made into or out of the Escrow Account in a currency other than $. The cost of such deduction will be borne by either the Buyer or the Expert.
An Expert must not disclose any confidential information, including but not limited to the contents of this agreement all non-public materials and proprietary information, commercial secrets, and any information covered by any non-disclosure agreement(s) to which it is a party (“Confidential Information”). An Expert continues to be bound by this clause also after termination of this agreement.
Should this agreement be terminated by any reason, the Expert agrees to return to MM or irretrievably delete any information relating to MM stored by it, as requested by MM.
All materials made available to Experts on the Website, regardless of whether they are specifically marked, are protected by copyright and other intellectual property laws and remain the property of the copyright owner stated. MM has the agreement of the copyright owner to make these materials available and does so on a good faith basis without warranting the quality or appropriateness of these materials for specific Projects.
Experts may not use such materials in any way other than for the conduct of Projects.
MM shall have the right to utilise and publish any Expert profile, in whole or in part, in its marketing materials, whether contained on the Website or elsewhere.
Information provided by each Expert may be stored in databases in the United Kingdom and the United States and will be accessed by MM staff and third parties with whom MM has contracted. The information may also be held, processed, and transferred inside or outside the European Economic Area.
Each Expert shall be liable to and shall indemnify MM for any loss, liability, costs (including reasonable legal costs), damages and expenses arising from any breach by it of the terms of this agreement and/or any negligent or reckless act or any defamatory conduct.
MM IS NOT A PARTY TO ANY CONTRACT FOR THE PROVISION OF WORK TO A BUYER AND IS NOT RESPONSIBLE IN ANY WAY IN CONTRACT, TORT OR OTHERWISE TO ANY PERSON FOR THE QUALITY OF ANY WORK DONE BY A EXPERT. ANY AND ALL LIABILITY OF MM IS THEREFORE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY STATUTE.
MM reserves the right to terminate at its sole discretion the registration of any entity as an Expert with immediate effect if MM learns that it has committed a material breach of this agreement including the disclosure of Confidential Information, MM will immediately terminate this agreement and withhold payments for Projects already conducted but not yet paid and possibly seek to recover any profit earned from direct dealings in breach. MM also reserves its right to take such other action as it seems appropriate. MM also reserves its right to take such other action as it seems appropriate.
MM shall also be entitled to cancel a registration if an Expert is served with a bankruptcy or winding up petition, or is otherwise unable to pay its debts as they fall due.
An Expert may terminate its registration (subject to fulfilling any Projects bookings already committed to) by using the facility available in the Expert’s MM account. MM Expert account information is permanently deleted only after a suitable period of time has elapsed to allow for a review of the Expert’s MM Platform activity and/or ongoing commitments.
MM does not guarantee that any tenders for Projects submitted by any Expert will be successful.
MM may modify these Terms of Service from time to time by posting the modification(s) on the Website. Unless otherwise specified by MM all modifications will be effective upon posting.
Except as expressly agreed in writing, you will not have any right or authority to negotiate any agreement or otherwise incur any obligation on behalf of MM or to make any representations or warranties on behalf of MM or any Client.
MM shall not be responsible for any failures of the Platform or other failures on its part where the cause of the failure is the occurrence of any act of force majeure (being an event which is beyond the reasonable control of MM (including but not limited to the act of a God-like entity, terrorist event, strike, civil commotion or natural disaster).
Any party’s status as an Expert does not create an employment, agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between that party and MM or any Buyer.
An Expert shall not make any unauthorised use of MM's name.
Each Expert hereby indemnifies MM for any tax levied on MM or payments required by HMRC if an employment relationship is deemed created.
The terms of this agreement and any document or policy expressly referred to within its provisions constitute the whole agreement between MM and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between MM and you relating to the subject matter.
MM shall be entitled to assign the benefit of this agreement but the Expert shall not be permitted to assign the benefit of this agreement.
The parties acknowledge that, in entering into this agreement they will not have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement or the documents referred to in its provisions. The Parties agree that the only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be a breach of contract. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) although MM retains the right to bring proceedings against you for breach of this agreement in your country of residence or any other relevant country.
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you are accessing the site on behalf of a business, then such usage will be deemed to be usage of that business and we will hold that business liable on an indemnity basis for all costs incurred (including legal costs) or claims made against us as a result of that usage or any failure to abide by these terms. If you permit other persons to access the site or use our Services, then you must ensure that they read these terms and conditions and abide by them.
Only use the site or our Services as allowed by law and these terms. If you do not, we may suspend your usage, or stop it completely.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
We are constantly changing and improving the site and our Services but we do not have to do this and material you access may be out-of-date. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services at any time.
No material on the site is intended to contain advice, and you should not rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
You must not reverse engineer the algorithms used by the site or probe the site for vulnerabilities.
By using the site, you agree to us handling this information and confirm that data you provide is accurate.
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs).
We do not make any ownership claims as regards intellectual property rights in data or content that you make available to third parties on the site but you do license us to use such data or content to improve our site and the Services.
Accessing the site or using our Services does not give you ownership of any intellectual property rights comprised within the site or in our Services or the content you access. You may not use content from the site or our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos displayed on the site or used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use the site, and must destroy or return any copies you have made.
We do not guarantee the accuracy of material on the site. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of the site.
Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We will not be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it does not follow our acceptable use policy.
If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You must not try to get access to the site or server or any connected database or make any 'attack' on the site. You must not modify, adapt, hack, attempt to undermine or violate the security of the site. We will not be legally responsible to you for any damage from viruses or other harmful material that you pick up via the site.
You are allowed to make a legal link to our website's homepage from your website if the content on the site meets the standards of our acceptable use policy. We can end this permission at any time.
You must not suggest any endorsement by us or association with us unless we agree in writing.
Links from the site to other sites are only for information. We do not accept responsibility for other sites or any loss you suffer from using them.
We are constantly changing and improving the site and services. We may add, change, suspend, stop, or remove: functionalities, features, and services.
We may change these terms at any time and you must check them regularly for changes because they are binding on you. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
MM and the MM logo are trade marks registered in the European Union and The United States of America.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NONE OF MM, OR ITS RELATED ENTITIES MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS"
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
AS STATED IN SECTION 6 ABOVE TO THE EXTENT PERMITTED BY LAW, MM AND ANY RELATED ENTITIES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, OR CONSEQUENTIAL, DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MM, AND ANY RELATED ENTITIES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
Cookies are text files placed on your device when you visit our web site using a standard desktop or mobile browser.
'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards.
'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your MeasureMatch experience.
Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different service provider. Both types of cookie may be used by us or our business partners.
All our cookies fall within the classifications Strictly Necessary, Functionality and Performance.
If at any time you wish to disable our cookies, you may do so through the settings on your browser but if you do so you will not be able to use certain important features of our service.
We utilize or anticipate utilizing a variety of technologies which have a similar purpose to cookies namely to recognize you and your preferences, improve our web site's performance and collect analytical information for ourselves and our business partners. These technologies include but are not limited to the following:
If at any time you wish to disable any of these targeting technologies, you may do so through the settings on your browser but if you do so you will not be able to use certain important features of our service.
Here are the details that the Data Protection Act 1998 says we have to give you as a 'data controller':
Our nominated representative is Jeff McGeachie, Partner, Spencer Legal Consulting Limited, 1 East Poultry Avenue, London EC1A 9PT, firstname.lastname@example.org, +44 (0)77 7193 3156
We may collect and process the following data about you:
Users are advised that if they wish to deny the use and saving of cookies from our website on to the hard drive of their computers they should take necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors.
We use information about you to:
If you don't want to be contacted for marketing purposes, please tick the relevant box that you will find on screen.
User payments are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to use of the MeasureMatch platform are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website.Please note however: Whilst we don't identify individuals to our suppliers and partners, we do give them aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.
We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment.
By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
Payment will be encrypted. If we give you a password, you must keep it confidential. Please don't share it. Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data turns out to be not secure despite our efforts.
We are allowed to disclose your information in the following cases:
You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at email@example.com.
The Data Protection Act 1998 gives you the right to see information we hold about you. We can charge you a fee (currently $10) for this service.
Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site.
This website currently uses tracking tools such as cookies to track visitor usage to monitor its visitors to better understand how they use it. An example of the kind of tool used is Google Analytics which will save a cookie to your computer’s hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. We may also in future use a variety of targeting technologies such as device fingerprinting but any such usage will be made clear and apparent on the website.
We operate an email newsletter program, used to inform subscribers about products and services supplied by our website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Under the Data Protection Act 1998 you may request a copy of personal information held about you in connection with our email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 users are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.