These Terms and Conditions constitute a legally binding agreement made between our users (“user” or “you”), and [Maccha] (“we,” “us” or “our”), concerning your access to and use of the website www.macchacommunity.com and the APP Maccha. The terms should be read alongside our privacy policy.
Maccha is provided to you by Maccha Community Limited, registered address Gemma House, 39 Lilestone Street, London NW8 8SS; our company number is 15843277.
You can contact Maccha by emailing us at hello@macchacommunity.com, or writing to our correspondence address at Gemma House, 39 Lilestone Street, London NW8 8SS; our company number is 15843277.
By using the APP, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the APP, and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the APP from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms and Conditions by your continued use of the APP after the date such revised Terms and Conditions are posted.
We may modify the Terms from time to time. The most current version of the Terms will be located [HERE][LC1] [LC2]. You understand and agree that your access to or use of the APP is governed by the Terms effective at the time of your access to or use of the APP. If we make material changes to these Terms, we will notify you by email, by posting a notice on the APP, and/or by other method prior to the effective date of the changes. You should revisit these Terms regularly as revised versions will be binding on you. You understand and agree that your continued access to or use of the APP after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with APP, and any inconsistencies among the different versions will be resolved in favor of the English version available here.
To use Maccha, you must be: 1. Over 18 years of age and you confirm this by providing your date of birth upon registration 2. You must not be barred from using Maccha either by us previously of under the laws of the country where you live or any other laws that apply to your use of Maccha 3. You must not have ever been convicted of a hate crime, terrorism, violent or sexually related criminal offence 4. You must register as a member of Maccha by creating an account 5. You can access Maccha as an individual or a organization offering community-related services a. If you’re a business who charges for your services, you’re responsible for the transaction and customer service; Maccha bears no responsibility for disputes between you and the customer 6. Use of Macha is subject to your device complying with our minimum standard technical specifications and compatibility requirements of the Apple App Store or Google Play Store
You are responsible for making all arrangements necessary for you to access Maccha
You can create an account through your email address, mobile phone number or through socials, e.g. Facebook, Google, Apple ID, or any other third party provider. If you choose a third party provider, we will access personal information about you from the third party provider, such as your name, date of birth and email address. For further information about how we use third party accounts, please refer to our Privacy Policy. You must be the sole owner of the email account if you register using an email address 1. You must be the sole owner of the mobile phone number if you register using a mobile phone number 2. You must be the sole owner of the third party account in which you choose to register 3. You must provide us with accurate, complete and up to date information when opening your Account, and you agree to update such information should this change. If you don’t we may suspend your account 4. You will be responsible for any use of Maccha through your account. You agree that you will not disclose your account login information to anyone and will notify us immediately of any unauthorized use of your account 5. You may not create an account for anyone else or create an account in name other than your own
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, and expect users to comply with our Community Rules. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the "Report User" link on a user's profile, in the community forum on each post, and in the user’s feed. You may also contact Customer Support.
However, we reserve the right, without obligation, to monitor, moderate, edit, disable access to or remove User Content which we deem to be in breach of these Terms and our Community Rules. We use a combination of automated and manual moderating tools to flag content in breach of our Community Rules (see our privacy policy for details on our third party vendors we use for moderation purposes). We may also consult and cooperate with law enforcement authorities to help them prosecute users who break the law. We will only review User Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, if flagged through our content moderation process, as a result of an appeal to an Account suspension, or as a result of a technical problem with Maccha. You agree that we may access and use Your Content for this purpose.
While using our Services, you will have access to: (7.1) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (7.2) content that other users upload or provide while using our Services ("Member Content"); and (7.3) content that Maccha provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles, our community forum, social media feed and in direct messages between users.
You are responsible for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Maccha, you may only use Member Content to the extent that your use is consistent with our Services' purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
Maccha owns or licenses all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
As a member of Maccha, you acknowledge and agree to comply with the rules set out in this paragraph Your attention is also drawn to the House Rules on our Site and App.
8.1 You agree that you will: 1. Ensure that any information you post complies with all applicable laws, including privacy laws, pornography and obscene publications laws, intellectual property laws, anti-spam laws, and regulatory requirements;
2. Always provide accurate information to us and keep it updated
3. Use a legitimate third party social media account to sign up, including using your real name; or use a legitimate email account to sign up, and a real mobile phone number; and
4. Not use terms in your descriptions / profile that are offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans or animals, defamatory or otherwise unlawful.
Unless otherwise indicated, the APP is our proprietary property. All source code, databases, functionality, software, web app designs, audio, video, text, photographs, and graphics on the APP (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of England and Wales, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on APP “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the APP and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use APP, you are granted a limited license to access and use APP. We reserve all rights not expressly granted to you and to APP, the Content, and the Marks.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
For any dispute with the Company, you agree to first contact us within 30 days of when the dispute arises at hello@macchacommunity.com and attempt to resolve the dispute with us informally. In the unlikely event that the Company has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief described in Section 20(a)) arising out of or in connection with or relating to the Services or this Agreement, or the breach or alleged breach thereof, including disputes related to the interpretation, applicability, enforceability or formation of this agreement to arbitrate (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional Expedited Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by JAMS if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in England and Wales. The language to be used in the arbitral proceedings will be English. Payment of all filing, administration and arbitrator fees and costs will be governed by JAMS rules. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. If your claim does not exceed $10,000, then you may choose whether the arbitration will be conducted solely on the basis of the documents that you and the Company submit to the arbitrator, through a telephonic hearing, or by an in-person hearing.
YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
You agree to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from:
If any clause within this Section 9 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
APP gives you a personal, worldwide, royalty-free, non-assignable, and nonexclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by APP in the manner permitted by these Terms. The Services are protected by copyright, trademark, and other laws of the England and Wales. Nothing in the Terms gives you a right to use the APP name or any of the APP trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, titles, and interests in and to the Services (excluding Content provided by users) are and will remain the exclusive property of APP and its licensors. Any feedback, comments, or suggestions you may provide regarding APP or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may end your legal agreement with APP at any time by deactivating your accounts and discontinuing your use of the Services.
Please read this section carefully since it limits the liability of APP entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have, which may not be lawfully limited. By accessing or using APP, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
THE APP IS MADE AVAILABLE TO YOU ON AN "AS IS,” "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT APP ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, YOUR USE OF APP IS AT YOUR DISCRETION AND RISK. APP ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF APP. ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA OR APP CONTENT. ACCORDINGLY, THE APP ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MIGHT ARISE.
These Terms and Conditions and your use of APP are governed by and construed in accordance with the laws of England and Wales applicable to agreements made and to be entirely performed within England and Wales without regard to its conflict of law principles.
You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the APP, and providing APP with a notice of termination here.
We may close your Account, suspend your ability to use certain portions of APP, terminate any license or permission granted to you hereunder, and/or ban you altogether from APP for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the APP, and/or any other related information.
In the event of any termination of these Terms, whether by you or us, the Terms of APP will continue in full force and effect.