Terms and Conditions

These Terms of Use outline the terms and conditions under which you can use the Talascend web site ("Site") and services ("Services") offered by Talascend Limited. Please read these terms of use carefully. Use of the Site or Services shall constitute your acceptance of these Terms of Use and the Privacy Policy. Should you choose to register, you may also be asked to accept our Terms of Business. These terms may be amended by Talascend from time to time and it is your responsibility to keep up with any changes. If you do not wish to accept this responsibility, you should not use the site.

1. Definitions

References to "we," "us," or "our" mean Talascend. References to "you," "your," and "User" mean you and any individual or entity using the Site or Services on your behalf or via your account (with or without your consent). References to "affiliates" means the employees, directors, shareholders, partners, advertisers, licensors, linked third party sites, content providers, contractors, customers (including users), successors, heirs, assigns, affiliates, subsidiaries, and parent companies of the applicable party. References to "other users" means other users or partners of the Site or Services, including but not limited to advertisers, partners, linked third party sites, and registered users (including job seekers, employers, and recruiters). References to the "Content" mean all materials contained in the Site or Services, including but not limited to text, graphics, logos, links, and software, as well as the information and materials contributed by other users of the Site or Services. References to "postings" mean the user's provision of information to the Site. References to "Privacy Policy" mean the terms regarding use of your information set forth in the Privacy Policy, which you should review and may be reached by clicking here. References to "Terms of Business" mean any additional business terms that you agreed to as part of the registration process.

2. Use of the Site or Services

The Site may be accessed and used only for lawful purposes and for the user's personal or internal business use. Individuals may use the Site or Services to obtain information regarding employment opportunities and career choices and to make information about themselves (including their resumes or CVs) available to employers and recruiters. Employers who become our Clients may use the Site or Services to post information about and seek employees for direct hire, temporary, and contract positions. Recruiting or Staffing Agencies who become our Staffing Partners may use the Site or Services to search for open positions and submit relevant candidates, as well as to track the progress of submitted candidates and communicate with those candidates' potential employers on their behalf. All other use of the Site or Services is strictly prohibited. Only you and your authorized users may access or use the Site or Services. You may not allow a third party to use the Site or Services, or access or reproduce the Content, via your account. You may not use the Site or Services to seek employment unless you are of legal age to be employed, and your use constitutes your warranty of that eligibility. Please consult the Privacy Policy for further information regarding the definition of "authorized users".

If you see a job opportunity or resume/CV that you wish to investigate further, you will make every effort to use the Site to facilitate the transaction, including but not limited to initiating contact via the Site. If you cannot use the Site or Services for any reason, you agree to notify and cooperate with us to complete the transaction. Failure to use the Site or Services to facilitate a transaction shall not affect your duty to pay any fees due to us in connection with that transaction

3. Limitations on Use

You may not do or attempt to do any of the following:
a. Post or otherwise provide incomplete, inaccurate, or out of date information or any materials that violate any law, infringe personal or proprietary rights, or otherwise cause embarrassment, harm or offense to us, our affiliates, or any third party, including but not limited to obscene, racist, sexist, abusive, offensive, harassing, libelous, tortuous, confidential, or infringing materials;
b. Reverse engineer, disassemble, decompile, or otherwise decipher any of the software (including HTML code) contained in the Site or used in connection with the Services, use or reproduce the Content or any underlying information or ideas contained therein without our prior written authorization, frame or link to any page of the Site or Content without our prior written authorization, test or violate the security systems of the Site, or take any action that might impair, damage, or forfeit any of our or our affiliates' intellectual property rights in the Content, Site, or Services;
c. Perform any act or omission which would damage the Site, impair its operation, overload its facilities, or impose a burden on the Site's infrastructure beyond that which would be imposed by normal use, including but not limited to introducing any viruses, worms, cancelbots, disabling agents, or Trojan horses into the Site, or using spiders, avatars, robots, or intelligent agents to search or navigate the Site;
d. Use any software, agent, tool, or other device to search or navigate the Site other than those provided on the Site or generally available third party web browsers (such as Netscape Navigator and Microsoft Explorer);
e. Allow any third party to gain access to any password of yours which permits access to nonpublic areas of the Site or Services;
f. Sell, license, assign or otherwise transfer any of your rights and obligations hereunder or under any other agreement with Talascend;
g. Use the Site or Services for any unauthorized or unlawful purpose or in any manner not consistent with the uses contemplated hereunder and the provisions hereof, including but not limited to (i) use for or in connection with any unlawful, improper, or harmful purpose or activity, (ii) posting any information or material concerning business opportunities (including but not limited to franchise or distributorship opportunities) or any other matters except the employment-related activities for which the site was designed, (iii) use to obtain unauthorized access to any other server, account, or network, or (iv) unauthorized commercial use.
h. Access another user's account or delete, augment, or amend the information contained therein or interfere with access to the Site or another user's account;
i. Impersonate or otherwise assume the identity or use the personal or contact information (including but not limited to email address) or user name and password of any person or entity, or forge any TCP/IP packet header or any part of the header information of any email or newsgroup posting;
j. Perform any act or omission in connection with or directly or indirectly resulting from your use of the Site or Services which could or does cause harm to the business or reputation of Talascend, our affiliates or other users of the Site or Services, or cause Talascend to incur liability to any of our affiliates or a third party;
k. Use the Site or information gained from Content to contact or send unsolicited communications (including via email) to a user or any other person or entity, including without limitation, junk mail, spam, or any offensive, sexually explicit, harassing, libelous, infringing, threatening, or otherwise objectionable email or other communications; or
l. Use any information regarding any individual or entity obtained from the Site or Services, for any purpose other than the employment-related transactions contemplated herein.

4. Your Information

You are solely responsible for the form and content of all information provided by you in connection with the Site or Services. You warrant that all such information will be accurate, timely, complete, and will not infringe on the personal or proprietary rights of others. You agree to promptly update and/or correct any information that is or becomes inaccurate, incomplete, or infringing.

We will not delete, monitor, or edit the contents of your postings or other communications on the Site except based on a good faith belief that such action is necessary or desirable to (i) comply with any applicable law or administrative or judicial order, (ii) protect the safety or rights of our users or others, (iii) carry out maintenance or improvement to the Site or Services, (iv) protect the financial well-being, reputation, or intellectual property of the Site, Services, Talascend or our affiliates, or (v) ensure that postings are acceptable to us (in form, content, and quality), as determined in our sole discretion, including but not limited to our determination that a posting is unlawful, inaccurate, incomplete, offensive, disruptive, inappropriate, or unacceptable for any reason. We will notify you of such removal and offer you the opportunity to amend the posting in a manner that we find acceptable (if that is possible). Until such amendment, the posting will not be reinstated. In no event will Talascend or our affiliates be liable for any damages of any kind or nature beyond a refund of any fee paid for the posting, in connection with its removal of a posting.

If you notify us that you believe that any other user's posting violates these Terms of Use, we may choose to investigate the claim and determine (in our sole discretion) whether to remove or edit the affected posting. We have no obligation to you or any other user to perform this monitoring, editing, or removal.

By submitting information, suggestions, or other content to any public or non-public area of the Site, you grant us and our affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), nonexclusive license to use, reproduce, modify, publish, perform, display, distribute, and create derivative works and compilations from or including such information or content in any media or technology now known or hereafter discovered. Without limiting the foregoing, you license (i) any user to access, display, view, store and reproduce such content for personal use or internal business purposes, and (ii) Talascend to modify, adopt, and implement any suggestion or comment you may provide us regarding the Site or Services.

Additionally, if you post your resume/CV, you agree to: (i) have that resume/CV submitted, as is and with no modifications by Talascend, to potential employers or recruiters who have posted positions that might match your requirements. (ii) be contacted by us, potential employers or recruiters concerning your availability, qualifications, and other relevant issues, (iii) have any information provided in your CV or profile verified for accuracy, (iv) if lawfully requested to do so by the potential employer, undergo a criminal background check, and (v) provide and permit the verification and interview of employment references.

Our use and disclosure of the information you provide is discussed in our Privacy Policy. By agreeing to these Terms of Use, you are also agreeing to the terms of our Privacy Policy (which, like these Terms of Use, may be modified by Talascend from time to time). In addition to and without limiting the provisions of that policy, you agree that we may (i) disclose to third parties aggregate information (not identifying specific users) resulting from information that you provide, (ii) offer third party goods and services to you, or permit third parties to do so, based on the information you provide, and (iii) disclose information you provide if so ordered by a governmental entity (including but not limited to law enforcement agencies) or judicial or administrative ruling or order. Please consult the Privacy Policy for further information regarding our use your information. (If you have not read the Privacy Policy, please do so by clicking here.)

5. Secure Areas and Your Password

Only registered users with the appropriate authorization and passwords may enter restricted areas of the Site. You are responsible for any and all uses of your registration and account, whether or not you have authorized such use. You will notify us immediately of any breach of the confidentiality or unauthorized use of your registration, account, or password.

While we respect your privacy, your account may be accessed by us and designated third parties under certain circumstances. Details regarding such access are set forth in the Privacy Policy.

6. Other Users, Their Information and Conduct

Although we strive to ensure the accuracy of all information we provide, we cannot ensure the accuracy, completeness, or timeliness of the information posted by our other users, nor the accuracy of their stated identities. We act as a passive conduit for the publication and distribution of user-provided information and communications and have no obligation to screen or monitor such materials. Likewise, while we request that our users abide by all applicable laws and accepted social conventions in their dealings with each other, we cannot ensure that they comply with this request. Therefore, we do not warrant and must disclaim all responsibility and liability for any and all aspects of information provided, identity claimed, or conduct evinced by the users of the Site or Services. We expect you to exercise caution, prudence, and good judgment in your dealings with other users of the Site or Services. There are risks, including physical harm, associated with dealing with strangers. You assume all responsibility for your decisions in this regard and any consequences thereof.

7. Release of Liability for Third Party Actions

Talascend is a staffing agency that has created the Site to serve as a forum for candidates to post their resumes, employers to create and post job openings, and recruiters to submit candidates for posted job openings. We do not review or verify the job openings, candidate profiles, or CVs posted on the Site nor can we control the information provided or actions taken by our users, advertisers, and linked sites. Therefore, we cannot assume responsibility or liability for the identity, information, or conduct of these parties, nor for the quality, nature, compensation, safety, and legality of the services or employment (including working conditions) offered by users or third parties via the Site or Services.
Accordingly, you release us and our affiliates (other than the offending third party) from any and all liability, claims, demands, damages, and costs of any kind or nature directly or indirectly arising from or related to any dispute or conflict with another user ("Released Claims"), regardless of whether such Released Claims are known or unknown or suspected or unsuspected, whether they are based on damages which are actual, consequential, punitive direct or indirect, and whether they are grounded in actions based in contract, tort, or any other legal theory or claim.

8. Use of Content

We (or our licensors) own all rights to the Content, which is protected by domestic and international intellectual property laws, including but not limited to copyright, patent, trademark, and trade secret laws. Your right to use the Content is strictly limited to use in connection with your authorized use of the Site or the Services as permitted hereunder. You may not sell, license, reproduce, reverse engineer, publicly display, distribute, or otherwise deal in and with the Content for any public or commercial purpose. All rights not expressly granted herein are reserved by Talascend and/or its licensors.

9. No Endorsement

The Site may contain links to third parties web sites. These links are provided only for your convenience. We do not endorse or warrant the accuracy, completeness or any other aspect of these third party web sites or the content or services provided thereon. You assume all risks of any decision to access any such web sites or to use or rely on any such content or services.

10. No Guarantee of Success

We do not warrant or guarantee that a resume or job posting will be viewed or responded to by any minimum number of users - or any users at all.

11. Compliance with Laws and Standards of Conduct

You agree to comply with all applicable laws and accepted social conventions and standards of conduct in your dealings with other users, whether directly or via the Site or Services.

12. Indemnity

You agree to indemnify, defend, and hold us and our affiliates harmless from and against any and all liability, claims, actions, demands, damages, or costs arising directly or indirectly from (i) your actual or alleged breach of any of these Terms of Use, Privacy Policy, or any other terms governing your use of any aspect of the Site or Services, (ii) your violation of any law or regulation, (iii) your infringement of any personal or proprietary right, or (iv) any aspect or consequence of your use of the Site or the Services.

13. Termination

We are entitled to temporarily suspend or permanently terminate your access to and use of the Site and Services (including removal of any information or material you have posted on the Site) or any portion thereof. Although in most cases, we will attempt to contact you prior to such termination, such notice is not required and any such termination shall take effect immediately and without notice. Circumstances that may lead to such termination include but are not limited to:
a. Your actual, alleged, attempted, or threatened breach of any of these Terms of Use, the Privacy Policy, other terms of the Site or Services, or any other obligation or duty to us, or our reasonable suspicion thereof;
b. Our inability to verify information you have provided despite providing you with 5 days email notice of such inability;
c. Your bankruptcy, liquidation, insolvency, receivership, administration, failure to pay debts when due or cessation of carrying on business in the ordinary course;
d. Our determination, in our sole discretion exercised in good faith, that such action is necessary or desirable to protect us, our affiliates, or any third party from any harm or legal liability;
e. Failure to access your account within a three-month time frame
f. Our reasonable suspicion of fraud, misuse of the Site or Services, or other misconduct;
g. Delinquency in paying fees owed for the Site or Services;
h. Any order or demand of a governmental authority; or
i. For our convenience.
Upon any termination, you will promptly pay all sums (if any) previously accrued but unpaid hereunder and destroy or delete all Content or other materials provided to you for use of the Site or Services. Suspension or termination of access to and use of the Site and Services shall be in addition to any other remedies available to us at law or equity. All provisions of these Terms of Use which by their terms or nature survive termination shall continue until fully performed, including but not limited to Sections 1 and 3-22 inclusive.

14. No Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DO NOT MAKE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED. DISCLAIMED WARRANTIES INCLUDE BUT ARE NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, (B) WARRANTIES REGARDING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT (INCLUDING BUT NOT LIMITED TO INFORMATION CONCERNING OR CONTAINED IN USER IDENTITY, POSTINGS, OR RESUMES/CVS, AND (C) WARRANTIES REGARDING THE OPERATION OF THE SITE OR SERVICES, INCLUDING ITS OPERATIONS, RELIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL MECHANISMS.

Talascend does not represent or warrant that the Content, Site or Services may be lawfully viewed, downloaded or used outside of the United Kingdom. If you perform any of the foregoing actions outside that nation, you assume all risks and will be responsible for compliance with all applicable laws and regulations.

15. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR LOSS OF PROFITS, DATA OR EMPLOYMENT, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION (WHETHER TORT OR CONTRACT OR OTHERWISE) AND REGARDLESS OF WHETHER WE OR OUR AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY THEREOF.

Our maximum liability to you and your affiliates in connection with the Site and Services shall be $1,000.00.
These limits on liability are a material basis of our ability to offer you the ability to use the Site and Services at the current pricing schedule and a condition of your right to use the Site or Services.

16. Infringement Claims

If you believe any content (whether posted by us, our affiliates, or other users), infringes any copyright owned by you, you will notify us as soon as practical after you become aware of a possible infringement. In making any such claim, you will provide us with written notice that includes: (a) adequate and specific identification of the works claimed to be infringed and the location on the Site of the allegedly infringing materials; (b) a statement from the copyright owner, asserting such infringement, (c) your contact information, including your name, address, phone number, and email address, and (d) a notarized statement certifying the accuracy of the information you've provided and your status as the copyright owner or your authorization to act on the copyright owner's behalf.

17. Force Majeure

We and our affiliates shall not be liable for any outage, disruption or failure of the Site or Services, or any other loss, delay or failure to perform resulting from any force majeure event, including Acts of God, fire, natural disaster, sabotage, terrorism, civil unrest, labor shortage or stoppage, delays in supplies, failures or outages in telecommunications, utilities, or any other infrastructure components, war or military hostilities, inability of carriers to make scheduled deliveries, or any other act beyond our or our affiliates' reasonable control.

18. No Partnership, Employment or Fiduciary Relationship

Your registration or use of the Site or Service shall in no event give rise to a partnership, employment or fiduciary relationship between you and Talascend or our affiliates. We shall not be responsible for the acts or omissions of any user or any of our affiliates, including any employment-related decisions, whether or not foreseeable.

19. Remedies

All remedies available to Talascend hereunder shall be cumulative and in addition to any other remedies available hereunder or otherwise at law or equity. Nothing contained herein shall be deemed to prohibit or restrict Talascend from seeking equitable or interlocutory relief.

20. Governing Law and Venue

You agree that these Terms of Use and any dispute you may have with Talascend related to the Site or Services shall be governed by the laws of England and Wales, without regard to its conflicts of laws provisions. Any such dispute must be brought in the English courts located in City of London. You submit to the exclusive jurisdiction of the English courts located in City of London.

21. Miscellaneous

These Terms of Use, the Privacy Policy, and any Terms of Business, as they may be modified or augmented by any other terms posted on applicable portions of the Site, constitute the entire agreement between Talascend and you with respect to the Site and the Services. Headings are for convenience only and shall not be used in construing these Terms of Use. Any provision hereof which is prohibited or unenforceable shall be ineffective but only to the extent of such prohibition or unenforceability, without invalidating the remainder of the provision or any other provision hereof. Our failure to enforce any provision shall not be deemed a waiver of that breach or any prior, concurrent or subsequent breach. Any waiver by Talascend will be effective only if made in writing and signed by our authorized representative. All notices shall be provided in accordance with your Terms of Business.

22. Changes to the Terms of Use

Talascend may add, delete, or otherwise change these Terms of Use the Privacy Policy or the Terms of Business, and any other terms and conditions on the Site at any time by posting revised terms on the Site. Unless stated otherwise, changes will become effective immediately upon their posting. We will usually post a notice on the home page of the site if we have revised the Terms of Use in the past seven days; however, you should check the applicable areas of the Site regularly to ensure you are apprised of any new changes.