Last updated: January 2024

1. Welcome to Matched! 

It’s great to have you here. These Terms, along with the linked policies, govern your use of our services – the website (matched.community), apps, and related software or features (collectively referred to as the Platform).

When we use terms like we, our, or us in these Terms, we’re talking about Matched Pty Ltd (ABN 74 668 599 700) and our group companies. By using Matched, you’re agreeing to these Terms & Conditions (Terms) as well as the additional policies linked here and on the Platform. Please take the time to read these Terms carefully, and feel free to get in touch if you have any questions. If you don’t agree with these Terms, please don’t use Matched.

We provide a platform where individuals who deliver training courses in a specialty area (Trainers) and individuals seeking to learn skills in that specialty area (Learners) can connect and transact. In these Terms, you means (as applicable) the person or entity registered with us as either a Learner or a Trainer or the individual accessing or using the Platform.

2. Changes to these terms 

Matched is always learning and improving the product. We may need to change these Terms from time-to-time to reflect business updates, changes to the Platform (including if we decide to discontinue any functionality, features or part of the Platform), legal or commercial reasons, or otherwise to protect our legitimate interests. We can make these changes at any time and it’s your responsibility to check these Terms now and then for any changes.

However, if a change will have a material negative effect on you, we’ll use our best efforts to notify you at least 1 month before the change takes effect (e.g. via a notification on the Platform). Your continued use of the Platform after any changes to the Terms is taken as your acceptance of the revised Terms. If you don’t agree with the changes, we ask you to please stop using Matched and cancel your account.

3. Your Account

To create an account on Matched and become a user, you must be at least 18 years old. You may access and view the Platform without creating an account (Account). To access the Platform’s features, you must register on the Platform and create an Account.

All personal information you provide to us will be treated in accordance with our Privacy Policy. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

If you are a Trainer, we will review your application before approving and we may request additional information. If you do not provide us with information we reasonably request, we may refuse to approve you. If you provide us with any information which indicates you are not a fit and proper person to be provided with access to Trainer mode, we may refuse to approve you, in our sole discretion. 

When you create an Account, you must also select a Subscription plan (Subscription). You may choose between different tiers of Subscription with different services and different Subscription periods as set out on our Platform. 

4. Our platform

The Platform is a marketplace where Learners and Trainers can find each other, and advertise, buy and sell educational training services online. We provide the Platform to users (including hosting and maintaining the Platform), and process payments between Learners and Trainers (together the Matched Services). You understand and agree that we only make available the Matched Services. We are not party to any agreement entered into between a Learner and a Trainer and we have no control over the conduct of Trainers, Learners or any other users of the Platform. 

A Trainer wanting to provide services must create an Account as a Learner on the Platform. There is a form available on our Platform that a Learner must complete if they would like to create an Account as a Trainer (Trainer Application). We will review the Trainer Application and once we have confirmed it has been successful, the Trainer Account will be created and the Trainer will be able to post an accurate and complete description of the services they can provide, including the pricing for the services (Listing Fees) and time availability (Trainer Listing).

A Learner wanting to buy services creates an Account on the Platform to view and browse matched Trainer Listings. A Learner may request to purchase the services described in a Trainer Listing by sending a request through the Platform. The request is an offer from the Learner to the Trainer to book the services described in the Trainer Listing (Booking Request). If the Trainer accepts the Booking Request through the Platform, it becomes a Confirmed Booking. By accepting a Booking Request, the Trainer confirms that it is legally entitled to and capable of supplying the services described in the Booking Request. 

Trainers must include all additional terms and conditions relating to their services in the relevant Trainer Listing or must clearly state that there are additional terms and conditions. By sending a Booking Request, a Learner is accepting the additional terms and conditions of the relevant Trainer.

5. Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email. Learners and Trainers can communicate privately using our private messaging service. Learners and Trainers must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us. 

6. Subscription 

Your Subscription

You may purchase a Subscription by paying the Subscription fees outlined on the Platform (Fees) in advance on a monthly or annual basis or some other recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle). Your Subscription will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Fees in connection with each subsequent Billing Cycle unless and until you cancel your Subscription. Where you are on an annual Billing Cycle, we will notify you 30 days’ prior to the expiry of your then current Billing Cycle. Your Subscription may begin with a free trial for the period specified on the Platform (Free Trial Period). Free trials are only available for new Account holders and we may limit eligibility to prevent free trial abuse. If you don’t cancel your Subscription before the end of the Free Trial Period, the Billing Cycle will commence on the day after the Free Trial Period and the Fees are payable on the same date. 

Cancellations

If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Billing Cycle, and your Subscription will not be renewed. The Fees, Service Fees and Listing Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.

Changes

We may need to change what is available as part of your Subscription (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Subscription, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Subscription. If the changes adversely affect your enjoyment of the Subscription, you may cancel your Subscription with effect from the date we apply the changes to your Subscription by providing written notice to us. If you cancel your Subscription, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Subscription. If the updated Fee is not acceptable to you, you may cancel your Subscription in accordance with the ‘Cancellation of Subscriptions’ clause.

7. Payments

As a Learner, your credit/debit card will be pre-authorised up to the amount of the Listing Fees at the time you make a Booking Request. Payment will be processed at the time the Trainer accepts the Booking Request. In consideration for providing the Platform, we will charge the services fees (including any third-party payment processing fees) to the Trainer as set out on the Platform (Service Fee). The Service Fee will be deducted from the Listing Fees, and will be paid to us at the same time as the Learner pays the Listing Fees through the Platform. The Listing Fees minus the Service Fee will be deposited in your merchant account as linked in your Account upon payment by the Learner. We may pre-authorise or charge your payment method for a nominal amount to verify the payment method. 

The payment methods we offer for the Fees, the Service Fees and for the Listing Fees are set out on the Platform. You acknowledge and agree that we have no control over the actions of the third-party provider who processes payments, and your use of the third-party payment method may be subject to additional terms and conditions. You must not pay, or attempt to pay, the Listing Fees, the Service Fees or the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor. 

8. Refunds and Cancellation Policy

The cancellation, variation, or refund of any services ordered on this Platform is strictly a matter between the relevant Learner and Trainer. The terms and conditions agreed to between the Trainer and the Learner must be set out clearly in the relevant Listing. Should the Trainer and Learner agree to a refund of the Listing Fees, both the Trainer and Learner acknowledge and agree that the Listing Fees are only refundable in accordance with the Consumer Law Rights of the Trainer and these Terms.

For disputes between Learners and Trainers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws. This clause will survive the termination or expiry of these Terms.

9. Reviews

Learners may review their experience with the Trainer on the Platform, including the services (Review). Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated. You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a Trainer if you have had an experience with that Trainer, which means that (1) you have engaged the Trainer through the Platform; or (2) you can otherwise document your interaction with the Trainer in relation to the Platform, including via correspondence (collectively referred to as a Learner Experience). You may not write a review about a Trainer you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Trainer, or work for the Trainer. Similarly, you may not write a Review about a direct competitor to the Trainer that you own, are employed by or work for. Your Learner Experience must have occurred in the 12 months prior to you writing a Review.  You may only write about your own Learner Experience. You are not permitted to write a Review about somebody else’s Learner Experience, such as that of a family member or friend. This clause will survive the termination or expiry of these Terms.

10. Intellectual Property

All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us. We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

You must not, without our prior written consent:

1. copy, in whole or in part, any of Our Intellectual Property; 

2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

3. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

1. you do not assert that you are the owner of Our Intellectual Property;

2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 

3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 

4. you comply with all other terms of these Terms.

This clause will survive the termination or expiry of these Terms.

11. Your content 

You may be permitted to post, upload, publish, submit or transmit relevant information and content including preparation necessary for the course, questions and discussions relating to the course, and Reviews (User Content) on the Platform. 

If you make any User Content available on or through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. 

Where you are a Trainer, you grant to us a worldwide, revocable, non-exclusive, non-transferrable, royalty-free licence to use your business name, logo, image and likeness, solely in connection with the advertisement, promotion and marketing of the Platform.

You agree that you are solely responsible for all User Content that you make available on or through the Platform. You represent and warrant that: 

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. This clause will survive the termination or expiry of these Terms. 

12. Platform Use 

You represent, warrant and agree that:

1. you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

2. there are no legal restrictions preventing you from entering into these Terms;  

3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  

4. where you are a Trainer, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Trainer Listings; 

5. where you are a Trainer, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and 

6. where you are a Trainer, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services, the price you charge for services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your services. 

When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

2. using the Platform to defame, harass, threaten, menace or offend any person;

3. using the Platform for unlawful purposes;

4. interfering with any user of the Platform;

5. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

6. using the Platform to send unsolicited electronic messages; 

7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

8. facilitating or assisting a third party to do any of the above acts.

13. Australian Consumer Law 

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). 

If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis. As a Learner, the services provided by a Trainer may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

14. Liability

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any aspect of the Learner and Trainer interaction including the services offered by the Trainer, the description of the services requested or offered, any advice provided, and the performance of services.

Despite anything to the contrary, to the maximum extent permitted by law:  

1. neither Party will be liable for Consequential Loss; 

2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and

3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees, Service Fees and Listing Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time).  

This clause will survive the termination or expiry of these Terms.

15. Suspension or cancelation of your Account

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect from the end of the current Billing Cycle. 

These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

2. the Defaulting Party is unable to pay its debts as they fall due.

Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach. 

Upon expiry or termination of these Terms:

1. we will remove your access to the Platform;

2. we will immediately cease providing the Matched Services;

3. where you are a Learner, we will cancel any existing Confirmed Bookings and you will lose any Listing Fees and other amounts paid other than where termination is due to our Termination for Convenience; 

4. where you are a Trainer, we will cancel any existing Confirmed Bookings and refund the relevant Learners in accordance with the Refunds and Cancellation Policy clause; and

5. where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees, Service Fees or Listing Fees on a pro-rata basis. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. This clause will survive the termination or expiry of these Terms.

16. A few last things

Before you can start using Matched, there are a few last important points we’d like to address:

1. At Matched, safeguarding your privacy is our priority. Our Privacy Notice outlines how we handle your personal data for our internal purposes. By creating your account, you confirm that if the DPA applies to you, you’ve read, understood, and consented to it.

2. Depending on your specific location, certain laws may apply to either you or us. In such cases, if these laws conflict with any portion of these Terms, the laws will prevail to the extent of the inconsistency.

3. These Terms, including the Privacy Notice and any linked policies, constitute the full agreement between you and us regarding the Platform. We won’t add any other terms, except when the law mandates it. We explicitly exclude all implied terms, except those required by statute that cannot be waived. If any part of these Terms is deemed invalid under a country’s laws, it will be removed from the Terms in that country, but the rest of the Terms will remain in effect.

4. These Terms are subject to the laws of Victoria and the Commonwealth of Australia. Both you and we agree to the exclusive jurisdiction of the courts in those areas. Our decision not to insist on or enforce any part of these Terms won’t be seen as a waiver of any provision or right. These Terms, as well as the Platform, do not establish an agent/principal relationship between you and us.

5.  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Learner and us, or a Trainer and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

Any questions or comments? Please reach out to hello@matched.community.