Terms of Use

Introduction

This page (together with the documents referred to on it) tells you the terms on which you may make use of our website https://www.talentdeck.com ("Website") and our services provided to you via the Website including as accessed via LinkedIn ("Terms"). Use of our Website includes accessing, browsing, or registering to use our Website or the services and accessing our Website via any third party websites (including LinkedIn).

The Website is operated by Talent Deck Limited ("We" or "Us" (and "our" shall be construed accordingly)). We are a company registered in England and Wales under company number 10841039 and have our registered office at City Place House, 8th Floor, 55 Basinghall Street, London, England, EC2V 5DX. By using our Website and the services provided to you via the Website, you confirm that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Website and the services provided to you via the Website. Please check this page from time to time to take notice of any changes We may make to the Terms.

Our services are provided to you in conjunction with a third party provider, Pomello, who provide the functionality to perform the Career DNA surveys which prospective employees undertake when using our Website. By using our Website, you agree to comply with the terms set out at www.pomello.com/terms-of-use as may be updated from time to time.

If you have any questions about these terms or how we help tech talent, please contact info@talentdeck.com.

Collecting and using your information

1. PURPOSE

  • 1.1. If you are a prospective employee ("Talent"), our aim is to work with you to create an account ("Talent Account") where you can upload your personal details and employment preference information for Us to share with our network of employers whom are registered with our Website ("Employers") and have created an account with Us ("Employer Account").

  • 1.2. If you are an Employer, our aim is to suggest Talent that may fit your requirements, within our list of Talent who have created a Talent Account with Us. You can then decide whether that particular Talent is suitable for your business, in line with your usual practices. We make no guarantees as to the quality of any Talent that register with our Website, and We take no responsibility for the quality, suitability or availability of any Talent with whom you engage or communicate.
2 . AGREEMENT

  • 2.1. You agree that by accessing our Website, creating a Talent Account or Employer Account with Us (together referred to as an "Account"), or using the services provided to you via the Website you are confirming that you are legally capable of entering into these Terms and that you accept these Terms.

  • 2.2. If you are entering this agreement on behalf of a company or organisation you represent and warrant that you have the authority to bind such organisation to these Terms and you agree to be bound by these Terms on behalf of such organisation.
3. ACCESSING OUR WEBSITE

  • 3.1. Access to our Website is on a temporary basis, and We may amend the information on our Website and/or the services on our Website without notice. For Talent, We reserve the right to withdraw or suspend the Website and/or the services without notice.

  • 3.2. You are responsible for arranging your own access to our Website and for ensuring that anyone that accesses our Website through your internet connection is aware of and complies with these Terms. You must not use any part of the materials on our Website for commercial purposes other than as set out in section 1 above.

  • 3.3. You may print one copy and download extracts of any pages from our Website for personal reference only. You must not modify the hard or soft copies of any materials you have other than via accessing your Account and updating your details there. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website without the accompanying text.

  • 3.4. We process any information We collect from you in accordance with our privacy policy and cookie policy, both of which can be found at https://www.talentdeck.com/privacy. By using our Website, you consent to such processing and you confirm that all data provided by you is accurate.

  • 3.5. You must not attempt to gain unauthorised access to the server on which our Website is stored or any server, computer or database connected to our Website.

4. PROHIBITED USES

  • 4.1. You may use our Website and your Account only for lawful purposes and not in any way that breaches any applicable law or regulation. In addition, you may not use our Website nor your Account:

    • 4.1.1. for harming or attempting to harm any individual;
    • 4.1.2. to send, receive, upload, download, use or re-use any material which does not comply with the standards set out in section 5.2 below;
    • 4.1.3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
    • 4.1.4. to create liability for or cause damage to Us in any way.
  • 4.2. You will not reproduce, duplicate, copy or resell our Website (or part of it) in breach of any of the provisions in these Terms and will not access, interfere with, damage or disrupt any part of our Website or any equipment or network on which our Website is stored or any software used in the provision of our Website.

5. UPLOADING MATERIAL TO OUR WEBSITE

  • 5.1. If a feature allows you to upload material to our Website, or make contact with other users of our Website, then any contribution that you make must be accurate (where it states facts), genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted.

  • 5.2. You must not upload anything to our Website nor your Account which: contains defamatory, obscene, offensive, hateful, or inflammatory, violent or sexually explicit material; promotes discrimination;

    • 5.2.1. infringes any intellectual property rights or is in breach of any obligation owed to a third party;
    • 5.2.2. is false, inaccurate or misleading;
    • 5.2.3. is (or could be considered to be) threatening, cause annoyance, harassment, distress, embarrassment, alarm, inconvenience or needless anxiety to any other person or invade another’s privacy, or
    • 5.2.4. impersonates any person, or misrepresents your identity or affiliation with any person or gives the impression that it comes from Us.
  • 5.3. We have the right to use, copy, distribute and disclose to third parties any material that you upload to our Website and your Account for the purposes set out in our privacy policy as referred to in section 3.4.

  • 5.4. We will not be responsible for the content or accuracy of any materials posted by you or any other user of our Website and We have the right at our sole discretion to remove any material uploaded to or posting made by you on our Website.

6. LINKING TO OUR WEBSITE AND FRAMING

  • 6.1. Our Website must not be framed on any other website. You may link to our home page only, from a website owned by you and that complies with the standards set out in 5.2, provided you do so legally. We reserve the right to withdraw this permission without notice.

  • 6.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and any link must not damage our reputation or exploit it.

7. YOUR ACCOUNT WITH US

  • 7.1. Talent Account - if you are setting up a Talent Account through our Website please see the Talent Account Specific Terms section of these Terms.

  • 7.2. Employer Account - if you are setting up an Employer Account through our Website please see the Employer Account Specific Terms section of these Terms.

8. OUR LIABILITY

  • 8.1. The materials posted on our Website and the provision of our services via our Website are not intended to amount to advice on which you should rely. We therefore disclaim all liability and responsibility arising from any reliance placed by anyone on such materials and/or services.

  • 8.2. The material displayed on our Website and the provision of our services via the Website is provided without any guarantees, conditions or warranties as to its accuracy, availability or completeness. To the extent permitted by law, We hereby expressly exclude:

    • 8.2.1. all conditions, warranties and other terms which might otherwise be implied by law;
    • 8.2.2. any liability whatsoever incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

      • 8.2.2.1. any indirect or consequential loss or damage; and
      • 8.2.2.1. irrespective of whether indirect or direct, any loss of data, anticipated savings, profits, contracts, business (or business opportunity), income, revenue, goodwill, reputation, or wasted management time.
  • 8.3. Any liability arising shall be subject to the specific caps below dependent upon whether you are a Talent or an Employer.

  • 8.4. Subject to sections 8.2, 8.3, 8.6 and 8.7, if a claim is made under these Terms by you as a Talent for any liability that may arise however so arising and such liability has not been excluded under these Terms, our total liability shall be capped at £500.

  • 8.5. Subject to sections 8.2, 8.3, 8.6 and 8.7, if a claim is made under these Terms by you as an Employer for any liability that may arise however so arising and such liability has not been excluded under these Terms, our total liability in any year shall be capped at the amount of fees actually paid to Us for the services, up to a cap of the fees paid for the twelve month period immediately preceding the date on which the claim arises.

  • 8.6. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

  • 8.7. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

9. INTELLECTUAL PROPERTY RIGHTS

  • 9.1. Talent Deck is a trademark of ours. We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws, and treaties around the world. All such rights are reserved. Our status (and that of any contributors) as author of material on our Website must be acknowledged.

  • 9.2. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them.

10. VIRUSES AND OTHER OFFENCES

  • 10.1. You must not misuse our Website by knowingly introducing viruses or other material which is malicious, harmful or which disrupts the current operation of our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

  • 10.2. If you breach this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990 or may breach other relevant laws in a number of jurisdictions.

11. SUSPENSION AND TERMINATION

  • 11.1. We will determine, in our discretion, whether there has been a breach of these Terms by you and, in such cases, We may take such action as We deem appropriate, including without limitation: withdrawal of your right to use our Website;

    • 11.1.1. removal of any material uploaded by you to our Website;
    • 11.1.2. legal proceedings or legal action against you; and/or
    • 11.1.3. disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
  • 11.2. We exclude liability for actions taken in response to breaches of these Terms.

12. JURISDICTION AND APPLICABLE LAW

  • 12.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although We retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

  • 12.2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TALENT ACCOUNT SPECIFIC TERMS


a) To set up a Talent Account you are able to register on our Website and create an account.


b) To set up a Talent Account you must be 18 years old.


c) Your Talent Account is personal to you and belongs to you.


d) To create a Talent Account you must:

  • Provide your email address;
  • Choose a password; and
  • Provide Us with your first and last name, preferred pronoun, telephone number, postal address, present employer, LinkedIn profile URL, notice period and a short statement entitled "Why Hire Me?".

e) You agree to: (1) try to choose a secure and strong password; (2) keep your password confidential and secure; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and comply with these Terms and the section "What you can and cannot do" below in your use of the Talent Account.


f) You are responsible for anything that happens through your Talent Account unless you close it or report misuse.


g) We make no guarantee to you that you will find relevant employment or be employed by using this Website, and you confirm that you accept that We have no liability whatsoever nor is there any responsibility arising from any reliance placed by you on the Website or the provision of our services via the Website or these Terms.


h) Your access to your Talent Account shall be free of charge, however We reserve the right to charge for the Talent Account in the future, and in such instances We shall communicate with you any associated charges that may be applicable and you can choose whether you wish to pay the charge and continue use of the service or stop using the service.


i) You acknowledge and note that any agreement you have or reach with any Employer you have found via our Website forms a separate agreement between yourself and the Employer, and We are not a party to such terms, nor do We have any liability whatsoever in relation to the terms.



What you can and cannot do

j) You will:

  • Comply with these Terms and in particular comply with sections 4 and 5 in relation to any uploaded content and use of the Website;
  • Use your real name and personal information when setting up your account, and notify Us of any changes to your information that may be necessary;
  • Ensure that all information provided to Us is accurate and true, and kept up to date; and
  • Use your account in a professional and appropriate manner.

k) You will not:

  • Use your Talent Account in a manner that would be in breach of these Terms;
  • Act dishonestly or unprofessionally, which includes posting content which is inappropriate, inaccurate, objectionable, offensive or harmful to others;
  • Create a fake or false membership account or attempt to use another's account;
  • Misrepresent your qualifications, employment history, any affiliations you may have whether past or present;
  • Disclose any information that you do not have the right to disclose (for example any confidential information of others (including your employer or any previous employer)) or share or disclose information of others without their express consent;
  • Violate the intellectual property rights of others, including trademarks, patents, trade secrets, copyrights or other proprietary rights; and
  • Collect, use, copy, or transfer any information obtained from Us without our consent.

Either you or Us may cancel your Talent Account with Us at any time by giving notice to the other. On termination you will lose the right to access or use your Talent Account.

EMPLOYER ACCOUNT SPECIFIC TERMS


a) To set up an Employer Account you are able to register on our Website address and create an account.


b) To create an Employer Account you must:

  • Provide your company details including registered address;
  • Choose a password; and
  • Provide Us with contact details including a nominated point of contact, preferred contact method, company name, role, and interview format preference.

c) You acknowledge and agree that you must not provide services that are the same as or substantially similar to the services provided by Us, and specifically you warrant that you are not a recruitment agency and that you will not provide, nor permit any recruitment agency to have access to your Employer Account and/or this service.


d) You agree to secure your Employer Account with a strong and secure password which you have kept confidential.


e) You agree not to transfer any part of your account (e.g., connections, groups).


f) You are responsible for anything that happens through your Employer Account unless you close it or report misuse to Us.


g) An Employer Account shall be paid for and charged at the following rates:

  • £299 for a single job post;
  • £1,950 for a monthly subscription; and
  • £19,500 for an annual subscription.
All payments will be processed via our third party payment providers.


h) We may review our payment terms and prices from time to time, and these are therefore subject to change. We will inform you of any changes, including any price changes, and if you do not agree with any such changes you can stop using the service or accessing the Website, and may cancel your Employer Account as set out below.


i) You may cancel your Employer Account with Us at any time by giving fourteen (14) days' notice.


j) In the event that you cancel your subscription you shall not be entitled to a refund.


k) As an Employer you acknowledge that We have no responsibility or liability for the content uploaded and provided to you by any Talent.


l) You acknowledge and note that any agreement you have or reach with any Talent you have found via our Website forms a separate agreement between yourself and the Talent, and We are not a party to such terms, nor do We have any liability whatsoever in relation to the terms. You must satisfy yourself as to the suitability of a particular Talent.


m) We are acting as an introductory platform and therefore We make no guarantee to you that you will find relevant Talent by using this Website, and you confirm that you accept that We have no liability whatsoever nor is there any responsibility arising from any reliance placed by you on the data provided in respect of any Talent via the services.


n) We may cancel your Employer Account at any time by giving 30 days' notice to you save that in the event of breach of these Terms, We may cancel your Employer Account immediately. On termination you will lose the right to access or use your Employer Account.