Terms and Conditions

Last updated: 15. January 2020

Welcome to Matamata!

At Matamata, we have a vision of a future where blind and visually impaired persons receive equal opportunities on the web. We achieve this by harnessing technology to create job opportunities, build assistive technology, and educate and advocate for the rights to accessibility on the web. We work with multiple stakeholders and as such, we need rules to keep our Platforms safe for you, us, and the community. These Terms and Conditions outline rights and responsibilities related to our Platform and services.

Summary

Here is a summary of the terms that explain how you can use our Website and access our services and products, and they form a legal agreement between you and us. This section summarizes the terms, but you need to read through the entire document.

When you use our services:

  • You are responsible for being aware of the latest version of our Terms and Conditions.
  • You cannot plagiarize any design, content, and idea from the Matamata Website, as well as from the subsidiary Websites and Platforms belonging to Matamata.
  • You cannot scrape our Websites for data harvesting or any other purpose.
  • You may not do anything that creates the impression of affiliation or association with Matamata and our subsidiary Platforms without first obtaining our approval.
  • We update our Website and Platforms from time to time. During this period, we cannot guarantee that the website will always be accessible to you. Accessible in this context means both available online to the general user, and inclusive to screen readers.
  • Some rules limit our liability to how our services are used.
  • We will handle your data with great care and respect, but we also utilize third-party providers for certain requirements. See our Privacy Policy.

Terms of Use on Matamata.io:

These Terms of Use apply to all users of Matamata.io. The definitions of terms contained in Matamata’s full Terms and Conditions apply to these Terms of Use.

By using our Website, you agree to abide by these Terms of Use. If you go on to using our services and/or making a payment on our Website, and accepting our full Terms and Conditions, then those will also apply. If anything in these Terms of Use contradicts the full Terms and Conditions, then the Terms and Conditions will take priority.

Matamata may make changes to its Terms and Conditions from time to time. When these changes are made, Matamata will make a new copy of the Terms and Conditions available on this page. It is your responsibility to check the Terms and Conditions for periodical changes.

You agree that if you use Matamata after the date on which the Terms and Conditions have changed, Matamata will treat your use as acceptance of the updated Terms and Conditions.

Matamata.io offers language options on the website, using third-party automated translation services. However, the official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Please be aware that Matamata makes no guarantee that any information on the Website is correct or current. If you choose to rely on the information you find on the Website, then you must conduct your independent research to satisfy its accuracy. Matamata cannot be held responsible for any consequences that may arise from your use of the information on the Website.

By using the Website, you agree that you will not use it in connection with any unlawful, illegal, fraudulent, or harmful activity and that you will not use it to forward any kind of viruses or malicious software to Matamata.io or others. You also agree that you will not use ‘spiders’ or similar software on the Website, for data harvesting, ‘scraping’, or any other purpose.

You are allowed to link to this Website for any legal purpose, but you must not do so in a way that suggests any form of association, approval, or endorsement by us without first obtaining our permission.

We try to keep the Website running at all times, but we cannot guarantee that we will not have technical problems from time to time. Matamata does not guarantee that the Website will always be available, stable, or accessible by you.

Finally, these Terms of Use are a legal document, and they are governed by and to be construed under Malaysian Law. Any disputes will have to be done within Malaysia.

Legal Agreement:

The following terms and conditions (these “Terms and Conditions”) govern your access to and use of the Matamata website, including any content, functionality and services offered on or through www.matamata.io (the “Site”) or its subsidiary websites (not limited to Sightgigs.com) as detailed in the document below. Matamata and its subsidiaries are collectively referred hereto as “Matamata” “we” “us” and “you” or “user” refers to the user and viewers of our websites.

Please read the Terms and Conditions carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms and Conditions and our Privacy Policy. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or any of the services offered on the subsidiary sites belonging to Matamata. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

The original language of these Terms and Conditions, as well as all other texts throughout the Site, is English. Matamata.io offers a language option that includes an automated translation of these Terms and Conditions into other languages. In case of conflicts between the original English version and any translation, the English version shall prevail.

This AGREEMENT is between Matamata and the User:

Definitions

The following words shall have the following meanings unless the context requires otherwise:

Agreement refers to this Terms and Conditions.

Content refers to all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages, or other materials posted on or through Matamata.io

Design includes all logos, graphical elements, colour combinations and the page layout of the website

Employee or Employees refer to all permanent and part-time staff of Matamata, including paid or unpaid volunteers and interns

Intellectual Property Rights refer to all copyrights, patents, registered and unregistered design rights, database rights, publicity and privacy rights, domain names, trademarks, service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world

Payment or Payments refer to all transactions performed on the Matamata.io Website, including donations and/or gifts

Platform or Platforms refer to the Matamata website and all other subsidiary websites, not limited to Sightgigs.com

Project or Projects refer to any website, product, service, technology, and application developed or provided by Matamata or under Matamata by a different name

User refers to any individual or entity that uses any aspect of the Matamata.io Website and/or Matamata.io Services

You refer to the person (or the entity on behalf of whom you are acting) who is agreeing to these Terms and Conditions

Intellectual Property Rights:

Projects and Subsidiary Platforms

Unless otherwise stated, Matamata owns the intellectual property rights on the Matamata website, subsidiary websites and all associated services including, without limitation, past, present, and future Projects created and deployed under Matamata.

By agreeing to the Terms and Conditions, you will not:

  1. Copy the Platform or any other services that Matamata provides for the benefit of the User
  2. Disclose any details or materials contained in the Platform to any other unregistered persons on the website
  3. Directly or indirectly copy, recreate, decompile, reverse engineer, or otherwise obtain, modify, or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it

License to use the website

You may view and print pages from the website for your personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

You must not:

  1. Republish any material from the website without the consent of Matamata, including republication on another website, except for content specifically created for and made available for redistribution
  2. Show any material from the website in public, without accreditation of the source
  3. Reproduce, duplicate, copy or otherwise exploit material on the website for commercial purposes
  4. Edit or otherwise modify the contents of the website

If you are working on an article about Matamata and/or our Platforms and need hi-res images of our company logo, product, and team photos, please contact the team at support@matamata.io.

Purchases and donations:

Matamata may provide you with the ability to purchase promotional items related to our Projects or Platforms, make a charitable donation, or gift, or purchase other products or services.

We work with a third-party payment processing company to process all credit card transactions. If you make a payment on the Matamata.io Website, the payment processing company will store on our behalf certain information about you. For more information, see our Privacy Policy.

You agree that for all purchase, donation, or contribution transactions:

  1. You will not use an invalid or unauthorized payment method
  2. You will be charged using the payment method you designate
  3. All transactions are final and non-refundable (unless otherwise determined by Matamata.io in its sole discretion)

You understand and acknowledge that payments made to Matamata.io are not tax-deductible as charitable donations. If you make a purchase, donation, or contribution through our Platforms, you agree to pay the applicable fee or amount following any pricing and payment terms presented to you for that purchase of donation or contribution. All amounts do not include taxes, and you are responsible for paying any applicable taxes. You are also responsible for paying applicable standard credit card processing fees.

Partnerships and collaboration:

Matamata is a for-profit, social-driven company that harnesses technology to help the blind and visually impaired community gain independence and inclusivity online.

Matamata may collaborate with existing non-profit organizations, social enterprises, NGOs, or governmental agencies to maximize social impact on the visually impaired community. However, Matamata is not affiliated with any of these organizations, and any partnership or collaboration does not necessarily imply a recommendation or endorsement of the views expressed individually or collectively by any of these organizations unless otherwise stated.

Warranty Disclaimer:

Use of the Matamata.io Website and subsidiary Platforms is at your own risk. The Platforms (including the content you find on it) are provided on an “AS IS” and “AS AVAILABLE” basis. Matamata and its affiliates, suppliers, partners, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Matamata and its affiliates, suppliers, partners, and agents make no warranty that:

  • Its Platforms or any products or services provided through the Platforms will meet your requirements
  • The Platforms will be uninterrupted, timely, secure, or error-free or that Matamata.io will fix any errors
  • You will obtain any specific results from use of the Platforms
  • Any Projects or content on the Platforms are accurate, complete, reliable, current, or error-free

Any content obtained through use of the Platforms is obtained at your discretion and risk, and Matamata.io shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of the Platforms or any content obtained from the Platforms.

As a convenience to the User, the Matamata.io Website includes links to other websites or material which are beyond our control. Matamata is not responsible for content on any site outside the Matamata.io Website.

We may decide to cease making available the Matamata Platforms, apps or services or any portion of the services at any time and for any reason. Under no circumstances will Matamata or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability.

Indemnity:

You agree to indemnify, defend (if we so request), and hold harmless Matamata.io and its affiliates, suppliers, partners, and agents from and against any claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from the content you post or submit, your use of and connection to the Matamata.io and subsidiary websites, applications, API, and any other aspect of the platforms or services, your violation of these Terms and Conditions or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Platforms and services.

Limitation of Liability:

Between you and Matamata:

IN THE EVENT OF A DISPUTE BETWEEN YOU AND MATAMATA: IN NO EVENT WILL MATAMATA, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, DIRECTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BREACH OF CONTRACT OR OTHERWISE.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Matamata, where control means having more than fifty per cent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

Between you and another User:

IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANOTHER USER RELATED IN ANY WAY TO THE SERVICES OR YOUR INTERACTIONS USING THE SERVICES, NEITHER YOU NOR THE USER WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BREACH OF CONTRACT OR OTHERWISE, UNLESS THE CONDUCT THAT FORMS THE BASIS FOR THE DISPUTE WAS INTENTIONAL, CRIMINAL OR GROSSLY NEGLIGENT.

THE USE OF OUR PLATFORM AND SERVICES SHALL BE GOVERNED BY MALAYSIAN LAW AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE LOCAL COURTS, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute resolution:

Matamata is a Malaysia-based company, and these Terms and Conditions are governed by the laws of Malaysia, without regard to their conflict of law principles. If a court having proper authority decides that any portion of these terms, policies and guidelines is invalid, only the invalid part will not apply, and the rest will still be in effect. The official language of these Terms is English. If there is a conflict between the English language version and any translation, the English language version will prevail.

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions or an alleged breach thereof, whether arising in contract, tort or otherwise, between you and us, we shall use our respective best efforts to settle the dispute. If a dispute arises, the complaining party shall provide written notice to the other party in an email specifically entitled “Notice of Dispute,” specifically setting forth the precise nature of the dispute. Please email any Notice of Dispute to support@matamata.io. You can also contact us at +6 03 2733 5814 to let us know that you have emailed your Notice of Dispute.

Following Matamata’s receipt of the Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the dispute that is satisfactory to both parties. If the parties are unable to resolve the dispute through this dispute resolution mechanism within 90 days of the receipt of the Initial Notice of Dispute, then any subsequent claim, legal proceedings, or litigation arising in connection with the Matamata services will have to be done within Malaysia.

Binding Agreement:

This Matamata.io Website is provided to you for your use subject to these Terms and Conditions. These Terms and Conditions form a binding agreement between you and Matamata.io. By accessing or using the Matamata.io Website you agree to accept and/or to be bound by these Terms and Conditions. You agree to use the Matamata.io Website at your own risk.

In the case of any conflict between these Terms and Conditions and any contract you have with Matamata, these Terms and Conditions will take precedent.

We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Matamata.io Website. Any changes will be notified to you via a suitable announcement on the Matamata.io Website. If you do not wish to accept the new Terms and Conditions you should not continue to use the Matamata.io Website. If you continue to use the Matamata.io Website after the date on which the change comes into effect, your use of the Matamata.io Website indicates your agreement to be bound by the new Terms and Conditions.

How to contact us:

We would love to hear your concerns, suggestions, and feedback regarding this Terms and Conditions and Privacy Policy. If you have any questions, please use our contact form at https://matamata.io/contact/ or write to us at support@matamata.io. If you prefer to speak to us on the phone, you may call us at +6 03 2733 5814 between 10 AM to 4 PM (GMT +8) on weekdays.