Terms and Conditions
Last amended on 3rd February 2025
For previous versions of these terms and conditions, please click here.
Please read these terms and conditions and ensure that You understand them. If You do not agree to these terms and conditions, please cease use of Our Platforms with immediate effect. In addition, when using particular Muddy Matches Limited Services or other items provided by Muddy Matches Limited, You will be subject to any Posted guidelines or rules applicable to such Services which may be Posted on Our Platforms.
All such guidelines or rules are hereby incorporated by reference into these terms and conditions.
Contents
10. Functioning of the Services
11. Intellectual Property Rights and Confidentiality
12. Third Party Websites and Events
15. Agreement Termination/Account Deletion
16. Subscriptions and Automatic Renewals
17. Cancellation and Refund Policy
1. Definitions
The following words have the following meanings in these terms and conditions:
Agreement
The agreement between You and Us incorporating these terms and conditions for the provision of the Services;
App
The mobile application version of Our Service as available to download in App stores, hosted by App Store Operators for both iOS and Android;
App Store Operator(s)
The operator of a digital operating system or online App store – independent of Us - in which the latest version of Our App is available to download. Examples include Apple App Store or Google Play Store;
Automatic Renewal
The scheduled automatic renewal of any Subscription beyond its initial term, paid for by card or other digital payment methods, until cancelled by You;
Content
Without limit any Content, software, data, text, photographs, graphics, sound, video, messages, advice, statements, or other material Posted by Members on Our Platforms;
Intellectual Property Rights
All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
Liability
The Liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
Member(s)
Any person(s) whose membership has been accepted by Us to use the Services on Our Platforms;
Platform(s)
The online systems and other delivery methods on which we provide the Service, including, but not limited to, Our Website and Our App.
Post
Display, exhibit, publish, distribute, transmit and/or disclose Content on or in connection with the Services and the words "Posted" and "Posting" shall be constructed accordingly;
Premium Subscriber
A Member who has paid the upgrade Price to become a Premium Subscriber, entitling them to enhanced benefits when using the Service;
Price
The published section of the Services containing details, photographs, and/or other Content about Members;
Services
The services provided by Us to You including, but not limited to, Us allowing You to use our Platforms to browse Profiles, contact and/or be contacted by other Members through Our Platforms, and Post Content on Our Platforms;
Subscriber
A Member who has paid the Price to become a Subscriber;
Subscription
Access to the Subscriber only Services on Our Platforms, once a Member has paid the Price;
User
User Any person who browses Our Platforms, but is not a Member;
We, Us, Our
Refers to Muddy Matches Limited, registered office: The Dovecot, Grange Farm, Wellingborough, NN29 7HJ. Registered company number 5822840;
Website
Our website at URL www.muddymatches.co.uk (or such other URL that We may use to provide the Service from time to time);
You, Your, Yourself
Refers to any Subscriber, Premium Subscriber, Member or User.
2. Eligibility
2.1 By applying to become a Member, You warrant and represent to Us that:
2.1.2 You have the right, authority, and capacity to enter into and be bound by this Agreement;
2.1.3 You have not been made subject to a Sex Offender Preventative Order, You are not currently registered on a Sex Offender Register, or have/have had a restraining order made against you by the courts of any jurisdiction;
2.1.4 You have not been charged with or convicted of any offence, nor are You subject to any court order, police investigation, formal caution or similar, specifically relating to fraud, assault, violence (including domestic violence), sexual misconduct, harassment, terrorism or a hate crime.
2.2 If You are not able or not willing to give the warranties and representations set out in Clause 2.1 then You must not apply to become a Member.
Terms of Agreement
3.1 If You are applying to become a Member, You agree to be bound by this Agreement.
3.2 If You are a User, Your use of the Our Platforms constitutes Your Agreement to be bound by this Agreement insofar as it is relevant to Your use of the Service and Our Platforms.
3.3 This Agreement (as amended by Us from time to time) shall apply to the exclusion of any other terms or conditions and You agree to abide by it.
3.4 Our Platforms and the Service is provided for the personal use of individuals only and You may not use Our Platforms in connection with any commercial venture. If You are an organisation, a company, and/or a business You may not register with the Website or App, nor use on Our Platforms for any purpose.
3.5 You may become a Member for free, however you will only be able to access certain functions of the Service, including communication with other Users, if You are a Subscriber. For the avoidance of doubt, You are responsible for providing and paying for the means of accessing Our Platforms.
3.6 On payment of the relevant Price, You hereby agree and consent to the immediate commencement of the performance of the Services by Us such that, on payment of the relevant Price, You can immediately access certain functions of the Service, including initiating communication with other Members.
3.7 Upon completion and submission of the online registration form on Our Platforms, You shall be sent an email confirming Your registration with Us and providing You with Your Member ID.
3.8 Unless stated otherwise, any new feature that alters or enhances the Services, including the release of new services, shall be subject to this Agreement. We may add, delete, or change some or all of the services provided as part of the Services across any, or all of Our Platforms, at any time, without prior notice to Users.
3.9 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Services unless confirmed by Us in writing.
3.10 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with this Agreement.
3.11 We reserve the right to monitor and at Our option to remove for any reason any Content Posted by You.
3.12 We shall have the right at Our option to refuse to grant applications for membership on any of Our Platforms at any time.
3.13 The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until You have received confirmation of Your membership from Us by email.
4. Price and Payment
4.1 The Price and any variations thereof shall be displayed on the Website's Subscriptions page and, where appropriate, on the App’s Subscription screens.
4.2 The Price is inclusive of VAT.
4.3 You shall pay the Price to Us under this Agreement by the means of payment specified on the Website or App.
4.4 Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding or received digital confirmation from relevant associated App Store providers. We do not accept Euro Cheques or digital currency by way of payment for Subscriptions.
4.5 You will not be able to contact other Members or read and reply to other Members' messages (excluding those sent by Premium Subscribers) until payment of the Price for a Subscription is deemed to have been made.
4.6 If You do not cancel Your Subscription and You paid for the Subscription by card or online payment gateway, We will automatically renew it when it is about to expire. Automatic Renewal transactions may be processed up to 24 hours before Your existing Subscription expires, so if You do wish to cancel your Automatic Renewal we recommend that You do so at least 48 hours prior to the expiry date. The Automatic Renewal of Subscriptions purchased directly on Our Website will be cancelled by Us without notice if You have not logged onto Our Platforms for 6 months or longer. Subscriptions purchased on Our App will be automatically renewed by the App Store Operator, independent of Us, unless you cancel the Subscription via the App Store Operator settings on your device.
4.7 You may cancel Your Subscription at any time and, if any refund is due, it will be governed by our Cancellation and Refund Policy as set out in Clause 17 of this Agreement.
5. Use of Services
5.1 We provide the Services on or via Our Platforms aimed at establishing contacts between You and other Members.
5.2 You are solely responsible for any Content that You publish or display on Our Platforms or that You transmit to other Members.
5.3 We will use our reasonable endeavours to control the Content Posted on the Website and App but do not guarantee the accuracy, integrity, or quality of the Content. You understand that by using the Services, You may be exposed to Content that is offensive, anti-social, indecent, or objectionable.
5.4 You should not assume that the Content contained in any Profile is necessarily correct and accurate. We do not have an opportunity to check that the Profiles are correct and not misleading. We do not make any representation or warranty that the Content contained in any Profile is accurate and We are not under any obligation to verify any Content contained in any Profile. Before acting on any Content contained in any Profile or on any Content received by You through Your use of the Services, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Content. A person may not be who they claim to be. If You arrange any meetings with any person through Your use of the Services then You do so at Your own risk. You should take reasonable precautions to ensure Your safety. Similarly, if You meet with any person through the Services, You do so at Your own risk.
5.5 You must comply with Our reasonable instructions concerning use of the Services.
5.6 You must notify Us in writing via email, or by using the appropriate ‘Report a Concern’ feature displayed on all Profile pages across our Platforms immediately if You become aware of any inappropriate behaviour in connection with the Services.
5.7 You acknowledge that We may establish general practices and limits concerning use of the Services, including without limitation:
5.7.1 the maximum number of days that messages, photographs, or other uploaded Content will be retained by the Services.
5.7.2 the maximum number of messages that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Our servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Services in a given period of time across multiple devices.
5.8 You must not provide any false information in respect of Your name, age, marital status, contact details or location to Us, or make false representation by way of facial image uploads. In the event that We have reason to suspect that You have provided such false information, We reserve the right to request proof of the suspected false information. If You fail to provide, in writing or Profile revisions, such proof requested by Us within 7 days, We reserve the right to terminate Your use of the Service across Our Platforms.
5.9 We make no guarantees or warranties that, through Your use of the Services, any messages sent by You to other Members are opened or read by those Members.
6. Member's Obligations
6.1 You will not:
6.1.1 misuse in any way the Services or any Content Posted on the Services or use the Content on Our Platforms other than for the purposes contemplated in this Agreement;
6.1.2 attempt to gain unauthorised access to any Content available on or via the Services or to any of the networks used in providing the Services;
6.1.3 collect, store, or distribute personal data or photos belonging to other Members without their written consent;
6.1.4 send 'mass mailings';
6.1.5 promote another website, social media channel or business in any way in either Your Profile or in personal correspondence with other Members;
6.1.6 solicit other Members' businesses, advertising, products, and/or commercial activity in either Your Profile or in personal correspondence with other Members;
6.1.8 in any way assign, transfer, part with and/or authorise any other person to use Your membership;
6.1.9 create more than one account;
6.1.10 create accounts on behalf of other people;
6.1.11 impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
6.1.12 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, Equality Act or Financial Services Act, or any amendments or replacements of such acts;
6.1.13 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
6.1.14 promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
6.1.15 Post and/or reproduce in any way any Content in which the intellectual property rights belong to another party without first obtaining the prior consent of the owner of such rights.
6.2 You will not Post any Content which:
6.2.1 contains telephone numbers, street addresses, last names, URLs, social media account identification, email addresses or facilitates contact with other Members without first becoming a Subscriber;
6.2.2 breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties' rights (including but not limited to intellectual property rights and/or privacy rights);
6.2.3 expresses or implies that such Content is endorsed by Us;
6.2.4 promotes racism, bigotry, gender prejudice, hatred, or physical harm of any kind against any group or individual;
6.2.5 harasses or advocates harassment of another person;
6.2.6 displays pornographic or sexually explicit material of any kind;
6.2.7 provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;
6.2.8 promotes any conduct that is abusive, threatening, obscene, defamatory, or libellous;
6.2.9 promotes any illegal activities;
6.2.10 promotes illegal or unauthorised copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
6.2.11 provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy, or providing or creating computer viruses;
6.2.12 contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
6.2.13 solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
6.2.14 promotes information that You know to be false or misleading;
6.2.15 engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes, without Our prior written consent;
6.2.16 is knowingly defamatory, disparaging of or derogatory to any other Member.
6.3 In the event that We, in Our sole discretion, consider that any Content violates the terms of this Agreement or is offensive or illegal or has the potential to violate the rights of, harm or threaten the online and offline safety of other Members, We reserve the right to take any action that We deem necessary, including, but not limited to, deleting such Content, restricting the number of messages that you can send to other Members or terminating your use of the Service across all Our Platforms in accordance with Clause 15.2.
7. Security
7.1 The Member ID and password allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Services including any activities by anyone using Your Member ID and/or password.
7.2 You should protect against unauthorised access to Your devices on which Our Platforms operate. Ensure that You log off when You finish using a shared device.
7.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of Your Member ID or password and in such cases You should immediately amend Your password using the Services.
8. Your Profile
8.1 You acknowledge that other Users and Members will be able to browse and view Your Profile across Our Platforms.
8.2 We may copy and/or reproduce any Content Posted by You on Our Platforms in any form and in any manner We wish, making reasonable endeavour to anonymise Content where image permissions are not granted.
8.3 If You Post and/or disclose to other Members any confidential or sensitive Content about Yourself then You do so entirely at Your own risk.
8.4 You warrant and represent to Us that all Content Posted by You:
8.4.1 is accurate, true, complete and is not misleading; and
8.4.2 will be regularly updated by You so that it remains accurate, true, complete, and not misleading.
8.5 We reserve the right to monitor and at Our option to remove or amend for any reason any Content Posted by You.
9. Personal Data
Personal Content collected from You is subject to Our Privacy Policy. The latest version of Our Privacy Policy can be found here.
10. Functioning of the Services
10.1 The Services are provided in their current form and We do not guarantee or warrant that the Services, or any element of the Services will meet Your requirements, purpose and/or expectations.
10.2 We do not guarantee or warrant that any of the Content provided in or via the Services is accurate or reliable. You rely on it at Your own risk
10.3 Due to the nature of online services, We do not provide any warranty or guarantee in respect of the results, availability, and/or uninterrupted use of the Services but We will use Our reasonable endeavours to rectify serious technical faults as soon as reasonably practicable.
10.4 We reserve the right to make changes to the Services and Our Platform provision provided that they do not have a material adverse effect on the quality of the Services.
10.5 We reserve the right to suspend the Services without notice for repair, maintenance or other technical reasons.
10.6 You are responsible for making all arrangement necessary for You to have access to Our Platforms including but not limited to access to the internet and mobile data roaming capacity and ensuring that all software and hardware used by You to access the Services remains compatible with Our Platforms.
11. Intellectual Property Rights and Confidentiality
11.1 As between You and Us, all intellectual property rights in connection with the Services shall be owned by Us absolutely.
11.2 You warrant and represent to Us that the Content Posted in Your Profile is Posted by You and that You are the sole author of Your Profile.
11.3 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Content relating to the Services which may be disclosed to You or which You may learn, except where such Content is public knowledge or it is required to be disclosed by law.
11.4 You are expressly prohibited from:
11.4.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of Our Website and App;
11.4.2 removing, modifying, altering or using any intellectual property in connection with the Services and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Service and Our Platforms or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us without first obtaining the written permission of the owner of the intellectual property.
11.5 By publishing or displaying any Content on Our Platforms, You automatically grant, and You represent and warrant that You have the right to grant to Us an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content.
12. Third Party Websites and Events
12.1 We may link to third party websites, products, promotions and events from time to time. You acknowledge that We do not endorse, recommend nor have control over such external links and resources and their upkeep. You must satisfy Yourself that any goods, commercial activities, events or experiences referred to thereon are suitable for Your requirements. These are provided solely as a convenience to You and not as an endorsement by Us of the Contents.
12.2 You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such external sites or resources. If You decide to access linked third-party websites, or attend events not staged, or hosted, by Us, You do so at Your own risk. Any concerns regarding any external link should be directed to its respective site administrator.
12.3 You may link to the Services but You may not include the Services in part or in whole within another external website without Our prior written consent.
13. Limitations on Liability
13.1 You expressly understand and agree that:
13.1.1 Your use of the Service is at Your sole risk. The Services are provided on an "as is" and "as available" basis;
13.1.2 We are not responsible for any Content and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Services;
13.1.3 We make no warranty (i)that the Services will meet Your requirements, (ii)that the Services will be uninterrupted, timely, secure, or error-free, (iii)about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics and links (iv)that the quality of any products, services, information, or other material purchased or obtained by You through the Services will meet Your expectations, (v) that any errors in the software will be corrected, and (vi) that the Services may be downloaded outside the United Kingdom and the Republic of Ireland. Furthermore, if Your use of Our Platforms, Our Service Content results in the need for servicing or replacing equipment or data, the company is not responsible for those costs;
13.1.4 any Content downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your device, operating system or loss of data that results from the download of any such material;
13.1.5 no advice or information, whether oral or written, obtained by You from Us or through or from the Services shall create any warranty not expressly stated in this Agreement;
13.1.6 much of the material on the Service is provided by third parties and We shall not be held responsible for any such third-party material across Our Platforms;
13.1.7 We cannot guarantee and do not promise any specific results from Your use of the Service across Our Platforms;
13.2 We shall have no Liability to You:
13.2.1 if any monies owed by You to Us have not been paid in full by the due date for payment;
13.2.2 to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us;
13.2.3 arising out of Your use of the Services and/or Your reliance on any Content Posted by other Members;
13.2.4 arising out of any Member's and/or unauthorised User's misuse of Content Posted by You using the Services and/or to other Members,
13.2.5 for any:
13.2.5.1 indirect, incidental, special or consequential losses;
13.2.5.2 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or
13.2.5.3 damage to or loss of goodwill, reputation, data, use or other intangible losses (even if We have been advised of the possibility of such damages); or
13.2.5.4 delay in performance of this Services and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events.
13.3 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
13.4 You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.
13.5 You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.
13.6 In the event that You have a claim or right of action against any other User arising from that User's Use of the Our Platforms, You agree to pursue such claim or action independently of and without any demands from Us, and You release Us from all claims, Liability and damages arising from or in any way connected to such claim or action.
13.7 In the event that a claim or action is brought against Us arising from Your activities or Use of the Service and Our Platforms, including any breach by You of this Agreement or any charges or complaints made by other parties against You, You agree to pay, hold harmless and defend Us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Us to assume the exclusive defence and control of the matter if We so wish.
13.8 Without prejudice to the foregoing, in no event will Our Liability arising out of or in respect of this Agreement exceed an amount equal to the lesser of (i) the Price paid by You in the preceding 12 months, where applicable, or (ii) an amount of two hundred pounds (£200.00).
13.9 Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
13.10 Nothing in this Agreement shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
13.11 This clause (and any other clause excluding or limiting Our Liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to Us.
14. Indemnity
14.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to:
14.1.1 Your use of any of the Services; or
14.1.2 any Content and/or other material Posted on or via the Services by You; or
14.1.3 any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.
15. Agreement Termination/Account Deletion
15.1 You may terminate this Agreement with Us at any time, for whatever reason, effective upon:
15.1.1 receipt by Us of Your email notice of termination, sent to the email address detailed in Clause 21; or
15.1.2 Your completion of "Delete My Account" process within the "My Account" section of Our Website; or
15.1.3 Your completion of the “Delete Account” process within the "Manage Account" section of Our App.
15.2 We may terminate this Agreement with You, deny You access to Our Platforms and delete Your Profile and any other Content You have submitted by Your use of Our Platforms with immediate effect in the event that:
15.2.1 You fail to make any payment to Us, or Your App Store Operator when due;
15.2.2 You breach the terms of this Agreement;
15.2.3 You fail to provide Us within the time limit requested by Us with sufficient Content to enable Us to determine the accuracy and/or validity of any Content Posted by You;
15.2.4 in Our reasonable opinion, any Content Posted by You is damaging or potentially damaging to Our business or Members or Users;
15.2.5 We receive two or more complaints relating to Your use of the Services and for the avoidance of doubt, any prior investigation by Us into the validity of the complaints shall be conducted at our sole discretion but We have no obligation to conduct such investigations, nor provide You with the results of the investigation;
15.2.6 You have been previously or are at any time during the term of this Agreement, made subject to any of the orders or convicted of any of the offences referred to in Clause 2.13 and Clause 2.14 above.
15.3 If any of the events set out in Clause 15.2 above occurs in relation to You then You will not be entitled to any refund of monies paid and You shall not attempt to use the Services or rejoin as a Member. In addition, should We, in our sole discretion and upon further investigation, have any reason to believe that any complaints made in accordance with Clause 15.2.5 are of a serious nature (which may include allegations of any offences described in Clause 2 above), We reserve the right to submit our findings to the police or other authorities.
15.4 This Agreement continues for so long as You are a Member. Even after termination of this Agreement, certain clauses will continue to apply including Clauses 11, 12, 13 and 14 and other clauses necessary to interpret or enforce this Agreement.
15.5 In the event that this Agreement is terminated, We will manage Your personal data in accordance with Our Privacy Policy.
16. Subscriptions and Automatic Renewals
16.1 Subscriptions may be purchased directly from Us on Our Website, or via App Store Operators on Our App.
16.2 In the case of Subscriptions purchased directly from Us on Our Website:
16.2.1 After Your initial Subscription period has ended, Your Subscription will be automatically renewed and further monthly payments will be taken unless You cancel the Automatic Renewal.
16.2.2 Account deletion in accordance with Clause 15.1.1, 15.1.2 and 15.2, will see:
16.2.2.1 any active Subscription cancelled by Us;
16.2.2.2 any future Automatic Renewals deactivated on the day of membership cancellation.
16.2.3 For Automatic Renewals of Subscriptions, outside of Account deletion as laid out in Clause 16.2.2, You may cancel the Automatic Renewal of Your Subscription (at least 48 hours before the renewal date), by clicking the 'Cancel Auto-Renew' link in the 'Manage My Subscription' section of Your Account. You will continue to have access to Subscriber only functions, plus any applicable Premium Subscriber functions, until Your Subscription expires.
16.2.4 Automatic Renewal of Your Subscription will be cancelled by Us without notice if You have not logged onto Our Platform for 6 months or longer.
16.3 In the case of Subscriptions purchased on Our App via App Store Operators:
16.3.1 Your Subscription will be automatically renewed and further payments will be taken unless You cancel Your Automatic Renewal via Your App Store settings.
16.3.2 Account deletion in accordance with Clause 15.1.1, 15.1.3 and 15.2 does not automatically suspend or terminate any active Subscriptions or active Automatic Renewals set up via App Store Operators;
16.3.3 You are fully responsible for:
16.3.3.1 terminating any active Subscriptions in Your settings within the App Store Operator and acknowledge and accept that We have no responsibility;
16.3.3.2 cancelling the Automatic Renewal of Your Subscription via Your settings of the App Store Operator and You acknowledge and accept that We have no responsibility;
16.3.4 You are liable for any subscription or Automatic Renewal payment to Us in relation to Clause 16.3.3.
17. Cancellation and Refund Policy
17.1 Our cancellation and refund policy is dependent on whether your initial Subscription, and any subsequent Auto Renewal, was taken directly from Us on Our Website, or via App Store Operators on Our App.
17.2 In the case of Subscriptions and Automatic Renewals taken directly from Us on Our Website, the following clauses apply:
17.2.1 Right to Cancel: after paying the Price to purchase a Subscription, You have the right to cancel by giving Us written notice within 14 days of placing Your order. You can do this by either a) using the Cancellation Request option on Our Website, or b) by receipt by Us of Your Subscription cancellation request sent to the email address detailed in Clause 21. To help us authenticate any email request, please supply your Member ID and the email address you provided when you joined the site. If any refund is due under this Right to Cancel, it will be governed by our Cancellation and Refund Policy as set out in Clause 17.2.2 below.
17.2.2 Refund Policy: if You cancel Your Subscription, We use the following rules, as laid out on Our Cancellation and Refund page, to determine the validity and amount of any refund:
17.2.2.1 For cancellations given within 14 days of Your initial order:
17.2.2.1.1 if You have not made any use of any Subscriber only or Premium Subscriber functions, we will refund your Subscription in full to the value of the initial Subscription Price paid
17.2.2.1.2 if You have made use of the Subscriber only functions, the refund entitlement will be the full amount of the initial Subscription Price minus a daily usage charge of £2.00 a day, multiplied by the number of days before cancellation.
17.2.2.2 For cancellations given after 14 days of Your initial order, no refunds are available.
17.2.2.3 For cancellations of Auto Renewal payments, no refunds are available.
17.2.3 For the purpose of this clause, use of the Subscriber only functions shall include, but not be limited to, activating and/or accessing any Subscriber only functions and communicating with other Members.
17.2.4 If any of the events set out in Clause 15.2 above occurs in relation to You then You will not be entitled to any refund of monies paid.
17.2.5 We reserve the right to suspend Your Membership and any active Subscriptions and withhold any refunds due whilst awaiting the outcome of an independent review.
17.2.6 In the event You are eligible for a refund in accordance with Clause 17.2.2 but do not give Us reasonable opportunity to issue the refund before initiating a chargeback or dispute against Us through Your bank or payment provider, We reserve the right to deduct any associated chargeback or dispute costs from the amount owing to You.
17.2.7 Any refund due will be made within 14 days from the date we were informed of your decision to cancel.
17.2.8 Any refund due will be processed via the same payment method you used for the original purchase, without exception.
17.3 In the case of Subscriptions and Automatic Renewals taken via App Store Operators on Our App, the following clauses apply:
17.3.1 Right to Cancel: The right to cancel your order is at the discretion of the App Store Operator and in line only with the rules and processes set by the App Store Operator, independent of Us. You acknowledge that We are in no way responsible or liable for any such decision by way of refund or incurred costs, unless instructed only by the App Store Operator.
17.3.2 Refund Policy: all refunds are handled by Your App Store Operator under their own terms and conditions which We do not control. To request a refund, You must log in to your App Store settings and follow their cancellation and refund instructions.
18. Disclaimer
18.1 The Content in Profiles across Our Platforms may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the Content provided on our Service and Our Platforms.
18.2 We are not responsible for the conduct of Users or Members either online or offline. Please use caution and common sense when using Our Service and Our Platforms as well as when communicating in non-moderated channels.
18.3 The Service and/or Our Platforms may contain errors and, from time to time, may not be accessible by Users or Members. The Content provided on Our Platforms by Us is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
18.4 We are not responsible for injuries arising out of the use of alcohol or drugs.
19. Law and Jurisdiction
19.1 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
20. Rights of Third Parties
20.1 All third-party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21. Notices
21.1 All notices given by You to Us must be given in writing to Muddy Matches Limited at info@muddymatches.co.uk or Muddy Matches Ltd, The Dovecote, Grange Farm, Farndish, Nr Wellingborough, Northants NN29 7HJ. We may give notice to You at the email address You provide to Us when registering for Our Services. Notice will be deemed received and properly served immediately when Posted on Our Platforms or 24 hours after an email or App notification is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address of the addressee.
22. Changed Terms
22.1 We may alter or amend this Agreement by giving reasonable notice. By continuing to use the Services after expiry of the notice period, you will be deemed to have accepted any amendment to this Agreement.
23. General
22.1 Headings above are for guidance and not binding.
22.2 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
22.3 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is deemed by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
22.4 We may assign all or part of Our rights or duties under this Agreement; You may not do so without Our prior written consent.
Version 4.0, 3rd February 2025
