Updated on: November 15, 2023 (previous version)
These updated Terms of Service are effective immediately for unregistered users and users registering after November 15, 2023 or otherwise acknowledging acceptance of these Terms of Service on or after such date. For all other users, the updated Terms of Service will become effective on December 14, 2023.
Welcome to the website and online services of Talent.com (“Talent.com,” “we,” “us,” or “our”).
If you are an individual looking for employment or employment information, whether you are a registered user or not (“Job Seeker”), these Terms of Service constitute an agreement between you and Talent.com Inc. If you are an individual or a legal person looking for Job Seekers or looking to make employment opportunities and information available to Job Seekers, on your behalf as an employer or on behalf of others, including but not limited to, as an agency (“Employers”), these Terms of Service constitute an agreement between you and the following Talent.com entity:
We offer our Services to Job Seekers and Employers (our “Users,” “you,” “your”). If you wish to make use of our Services in any capacity other than of a Job Seeker or Employer, you must have a prior written agreement with us before you do so.
If you are using our Services as a Job Seeker, please carefully review Section A – Terms of Service for Job Seeker and Section C – Terms of Service for all Users. SECTION A.10 CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BY JOB SEEKERS BROUGHT AGAINST TALENT.COM IN THE UNITED STATES. PLEASE READ THEM CAREFULLY.
If you are using the Services as an Employer, please carefully review Section B – Terms of Service for Employers and Section C – Terms of Service for all Users.
Talent.com offers Job Seekers the ability to search for job opportunities in its database using its job search engine (“Job Search”), to receive information about job opportunities through emails or electronic messages when subscribing to its job alert service (“Job Alerts”) and to find job related information, such as salary data, income tax data and other relevant information about the job market using a variety of tools. Job Seekers can also apply for jobs using our Services. Some of these Services are only available for registered Users and others are available to all Users, whether they have a Talent.com profile account or not.
Talent.com offers multiple methods for creating a Talent profile account and becoming a registered User of our Services (“Profile Account”).
A Profile Account will be automatically created for you when you sign up to our Job Alerts service or when you apply to a job through our Website. If you no longer want to have an active Profile Account with us, you may delete your account in your settings.
You can manually create a Profile Account by providing your first name, last name, and a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected, and your account may be disabled. To complete your registration, you may be required to enter a one-time 6-digit code sent via the email address you provided and/or a password. Once your account is created, you will be given access to your profile and other private areas of your account. We will update your account with jobs you have applied to or favourited.
You may also be able to create a Profile Account and subsequently access such account through third-party websites including, but not limited to LinkedIn or Google (“Social Media"). If you create and access your Profile Account using a Social Media account, you agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials stored and made accessible in your account with such Social Media so that it is available on and through Talent.com via your Profile Account.
Subject to the account privacy settings that you have set with such Social Media account you use to access your Profile Account, personally identifiable information that you post to that site may be displayed on Talent.com such as name, last name, email address, phone number or location. Please note that your relationship with your Social Media is governed solely by your agreement with such Social Media and we disclaim any liability for personally identifiable information that may be provided to us by a Social Media site in violation of terms and conditions of services of the Social Media, of the privacy settings that you have set with that Social Media or of the laws applicable to that Social Media.
You are responsible for maintaining the confidentiality of your Profile Account. You agree to notify us immediately if you suspect any unauthorised use of your account or password. You are solely responsible for any and all use of your Profile Account.
The Talent.com Job Search tool, which is free to those Job Seekers searching for employment opportunities ("Job Ads”), offers the ability to search through a database of job opportunities using key words, both as a registered User and as a non-registered User. These Job Ads are made available on our Website by Employers using our Services or may be automatically indexed by us from external third-party sources and may include links to third-party websites. Talent.com has no obligation to include any Job Ads in its search results or other listings and may exclude or remove any Job Ads from the Website for any or no reason.
Job Ads are User Content, meaning that they are created and provided by third parties and not by Talent.com. Talent.com exercises no control over and assumes no responsibility for any User Content generally and Job Ads specifically. Please read over Section C.3 of our Terms of Service on User Content to find out more.
As Talent.com has no obligation to screen any Job Ads or to verify the identity of the Employer posting such Job Ads, we caution Job Seekers to verify the validity of a Job Ad before taking any actions regarding their current employment situations.
When you submit a job application in response to a Job Ad (“Job Application”), you may do so as a registered User through your Profile Account, or as an unregistered User. A Job Ad will prompt you to apply either directly on our Website (“Apply on Talent.com”) or you will be re-directed to apply on the third-party Employer’s site (“Apply on Company Website.”).
Once you submit a Job Application, whether you do so using the Apply on Talent.com or the Apply on Company Website, your CV (Curriculum Vitae) and other application information you decide to submit will be shared with the Employer and/or entity that posted the Job Ad, as long as any parameters selected by that entity are met, if applicable. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing. The Employer account holders receiving your Job Application agree to comply with their obligations under these Terms of Service and applicable laws, including data privacy laws, and should not use the information for purposes other than hiring. However, once a Job Application is submitted, Talent.com cannot guarantee that your Job Application will be held in confidence or properly secured by the applicable recipient nor that the Job Application will be received, reviewed, or responded to by the Employer.
Talent.com may use your application materials and location to send and present you information and Job Alerts about Jobs Ads that may be of interest to you.
We offer our Users a Job Alerts service where they can receive Job Ads that may be of interest to them based on their profile, job search activity, saved jobs and applied jobs. Our Job Alerts service is accessible via email, and, in certain countries, via text messages (SMS) and WhatsApp.
In addition to manually subscribing to our Job Alerts service, either directly on our Website or through our partners' websites, if you make a Job Application and/or create a Profile Account, you may agree to receive email Job Alerts that may be of interest to you. You can edit or change the type of Job Alerts you want to receive by accessing the Job Alerts tab in your Profile Account. You may unsubscribe to Job Alerts by (a) clicking on the unsubscribe link in your Job Alert email, (b) by unsubscribing from Job Alerts in your Profile Account under "My notifications", (c) by contacting our Customer Service department at [email protected] or (d) by closing your Profile Account. If you have subscribed to SMS or WhatsApp Job Alerts service, you may also unsubscribe by following the instructions in Section A.5. of our Terms of Service. Note that while you can opt out of Job Alert and marketing messages, you cannot opt out of service-related email communications, including those related to security, legal notices, your account, or your use of our Services unless you deactivate your account and stop using our Services.
Depending on your country of residence, Talent.com may offer its Job Alert service through text messages (SMS) and/or WhatsApp. If you subscribe to this Service, you have to be the owner of the mobile telephone entered or be authorised to use this mobile telephone to receive our messages. The number of messages you receive may vary depending on the number of recent jobs matching your search, the jobs you applied to, and if you sent us a message asking us for extra support via text message. Your carrier may charge fees for you to receive messages and may set limits to the number of messages you may receive, which are solely governed by the agreement you have with your carrier. Talent.com is not responsible for undelivered messages caused by any restriction linked to the plan and mobile carrier you have. If you are receiving our Job Alerts via WhatsApp, you acknowledge that your relationship with WhatsApp is governed solely by your agreement with WhatsApp. We disclaim any liability for personally identifiable information that may be provided to us by WhatsApp in violation of the privacy settings that you have set with WhatsApp, of their terms and conditions of services, or of the laws applicable to them. By agreeing to these terms and/or subscribing to Job Alerts, you consent to receive recurring calls and texts by or on behalf of Talent.com and our affiliates and marketing partners for information and advertising purposes, including by automated technology or recorded message, to the numbers(s) you provide. You understand consent is not a condition of purchase, and that you can opt out of future communications as described below.
If you want to stop receiving Job Alerts via SMS, you can do so by following the instructions provided in Section A.4 of our Terms of Service or, if you are in the US or Canada, you can stop receiving Job Alerts via SMS by texting STOP to +1 (844) 794-9497 via your mobile device or, if you are in the UK, by clicking on the unsubscribe link you received from Talent.com via your mobile device. If you want to stop receiving Job Alerts via WhatsApp, you can also revoke your consent at any time by replying "STOP" via WhatsApp.
Depending on your country of residence, Talent.com may provide you with a variety of tools giving you access to salary data (“Salary Tool”), income tax data (“Tax Calculator”) and other career and job market information (“Talentpedia”). Our Salary Tool, Tax Calculator and Talentpedia rely on data submitted to Talent.com by third parties and such data may not be accurate or reliable and is provided for informational purposes only. For example, our Salary Tool uses approximations of salary figures based upon multiple third-party submissions. These figures are given to Users for the purpose of generalized comparison only. Actual salary may differ by jurisdiction and Employer, and you should consult the Employer for actual salary figures related to a specific Job Ad. Similarly, tax-related information provided through our Tax Calculator is based upon multiple third-party submissions. You understand that Talent.com is not giving any tax advice, suggestions, or best-practices through your use of these Services. You should consult a tax expert before making any career decision based on the information we make available through our Tax Calculator. Any use or reliance upon our Salary Tool, Tax Calculator and Talentpedia shall be at your own risk.
Without limiting the generality of the foregoing or the provisions of Section C.13 of our Terms of Service: (I) SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS; (II) ANY USE OR RELIANCE UPON ANY PORTION OF THE SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA SHALL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD PARTY PROVIDERS OF DATA USED BY OUR SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THIS DATA AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CORRECTNESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND (III) NEITHER WE NOR ANY THIRD PARTY PROVIDER OF THIS DATA AND SERVICES SHALL BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY USE BY YOU OF THE SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA.
Unless otherwise required by law, if you are contracting with Talent.com as a Job Seeker, this Agreement and any dispute related to or arising out of or in connection with this Agreement or related in any way to our Services, or our relationship (“Dispute”) will be governed by and under the laws of the Province of Québec and the laws of Canada applicable therein, without giving effect to conflicts of law principles thereof.
Unless otherwise required by law or unless you are a Job Seeker located in the United States (in which case the Arbitration Agreement set out in Section A.10 of this Agreement applies), any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in the Province of Québec, Canada and you hereby consent to the exclusive personal jurisdiction of the courts located in the Province of Québec, Canada. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of our Services or these Terms of Service.
By using our Service and in return for the Services offered by Talent.com, you acknowledge that we can only offer you the Services under the terms and conditions as presented herein. As partial consideration for your use of our Services, you agree not to sue Talent.com as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Talent.com regarding your use of our Services, where permitted. Additionally, as a Job Seeker, you acknowledge that your use of our free Services on our Website is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of this Agreement allowing your free use of our Services. If you do not agree to any part of these terms, do not continue your use of our Services. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, subject to Sections A.8 and A.10 of this Agreement.
This Section A.10, referred to as the "Agreement to Arbitrate", only applies if you are a resident of the United States at the time you became bound to the Agreement or thereafter. Unless you opt out pursuant to the opt out procedures set forth below, you and Talent.com agree that to the fullest extent permitted by applicable law, any Dispute will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this Section extends to all Disputes, including those against or involving third parties such as Talent.com or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party (“Notice”), by certified first class mail or overnight courier (signature required) or by electronic mail with return and delivery receipts requested for both methods. Talent.com’s address for Notice is: Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Talent.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Talent.com shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules of the American Arbitration Association (“AAA”), or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Talent.com (the “Arbitration Rules”). Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under Agreement to Arbitrate as written, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.
Unless otherwise provided by the applicable arbitration rules, any arbitration hearings will take place at a location to be agreed upon, provided that if the claim is for $10,000 or less, including any potentially recoverable attorneys’ fees, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephonic hearing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Talent.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
YOU AND TALENT.COM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TALENT.COM HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. You and Talent.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration and will instead be adjudicated by the appropriate court of the state where you are located: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Talent.com intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorised use by you; and (3) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court.
You have the right to opt out and not be bound by the arbitration provisions set forth in this Section A.10 by sending written notice of your decision to opt out to Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department or to Talent.com Inc., 2915 Ogletown Road, #4411, Newark, DE 19713. The written notice must include: (1) name; (2) address; (3) phone number; and (4) a clear statement that you wish to opt out of this Agreement to Arbitrate. The notice must be sent to Talent.com within thirty (30) days of you registering to use the Services or agreeing to these Terms of Service, whichever occurs first, otherwise you shall be bound to arbitrate disputes in accordance with the terms of Section A.10. If you opt out of these arbitration provisions, we also will not be bound by them. Please note that you will continue to be bound by any older arbitration provision that you did not out opt of and any arbitration provision that otherwise governs the Disputes.
Unless prohibited by applicable law or the Arbitration Rules, the substantially prevailing party in any Dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees.
If any provision of this Agreement to Arbitrate is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire Agreement to Arbitrate is void, other than the jury waiver provision.
Talent.com offers Employers the ability to manage and maximize the efficiency of their recruitment campaigns by allowing them to (i) post and/or distribute Job Ads (ii) manage the parameters of recruitment campaigns and analyse their efficiency through our employer dashboard and (iii) receive, view, and manage Job Applications. As an Employer, you can use our Services on your behalf as a direct employer or on behalf of others including but not limited to, as an agency.
To access some of our online Services available to Employers, including our tool to create and post your Job Ads directly on our Website and our online dashboard to manage your recruitment campaigns, you must create an Employer account (“Employer Account”) where you will be required to provide your name, your last name, a valid email address, phone number, company name, postal address, number of employees, and a password. You are responsible for maintaining the confidentiality of your account information. You agree to notify us immediately if you suspect any unauthorised use of your Employer Account or access to your password.
As an Employer, your account is for business use and not for personal use. You are solely responsible for all activity, acts or omissions of any person or entity that has access or use of your account (your “Authorised Users”). You may modify user permissions at any time in your settings. Additionally, you agree that: (i) you will not share login credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorised Users comply with this Agreement and any other Terms of Service or other agreement that you have with Talent.com; (v) you will immediately notify Talent.com of any suspected or alleged violation of this Agreement and cooperate with Talent.com with any investigation. You further agree to indemnify and hold harmless Talent.com from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the authorised or unauthorised access to your account, and any authorised or unauthorised purchases made under your account.
Talent.com will post and distribute your Job Ads and other recruitment-related data or information that you or your Authorised Users provide to us, throughout our distribution channels, including on our Website and mobile applications, through our Job Alerts service to Job Seekers and through our network of third-party publishing partners (our “Distribution Channels”). In addition to your Job Ads, you may provide other recruitment-related data or information, including, without limitation, screening requirements, screening questions, screening criteria, company information, links, logos and trademarks and any other data and information submitted by you and your Authorised Users to the Service (the “Employer User Content”). Your Employer User Content may be provided to Talent.com for posting and distribution on our Distribution Channels either using our job posting Services or via different transmission methods, as agreed to with Talent.com, including XML feed, API or by allowing Talent.com to index the User Content that is present on another website or service you own or control to retrieve such User Content for use on the Services. If you use Talent.com's API, you agree to comply with our API documentation.
By submitting Job Ads to Talent.com, including using a paid feature of our Services, you agree that Talent.com is under no obligation to accept, publish, or distribute your Job Ads or other Employer User Content, including if they do not comply with this Agreement. Talent.com may, under its sole discretion, require Employer User Content and/or Employers to be verified to prevent fraud or abuse of our Services, to improve our Services, or for any other reason.
You agree that Talent.com may solely determine which Job Ads will be distributed to which Distribution Channels. However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Ads will be accepted by an entity in the Distribution Channels or be received, read and/or responded to by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Ad and may reject a Job Ad for any reason or no reason. You agree that Talent.com is not liable to you or any third party if your Job Ad is rejected or not posted, and you will not be entitled to any refund for Job Ad not posted or distributed. By submitting a Job Ad, you give us permission to distribute that Job Ad and any other Employer User Content in the Distribution Channels.
Talent.com does not guarantee any responses or any number of responses to your Job Ad, nor does it guarantee any number of views, clicks, or applications, or that any responses to your Job Ad will be from individuals suitable for the job vacancy you advertised. We do not verify the identity of any Job Seekers who respond to your Job Ad and thus make no guarantee as to the quality of candidates that you will receive as a result of your Job Ad. You are solely responsible for interviewing, performing background and reference checks on, verifying the information provided by Job Seekers, and for selecting an appropriate candidate. Talent.com also assumes no responsibility for the communications between you and any Job Seeker.
As an Employer, you are responsible for the Employer User Content you provide to Talent.com for posting and distribution, whether you provide such content on your behalf or the behalf of a third party.
In addition, by using our Services, you agree to the following Job Posting Rules, which prohibit Employer User Content that does any of the following:
You further acknowledge that you are responsible for offering alternative methods of screening, if so, required by law. While Talent.com deploys efforts to design and develop accessible offerings, it does not warrant that the method of delivery of these Job Ads including screening questions is compliant with applicable law, including without limitation the Americans with Disabilities Act and any equivalent or similar applicable law.
You agree that Talent.com may, at its sole discretion, remove, prevent the posting, or take any action we deem necessary regarding Employer User Content which in the sole judgement of Talent.com, violates or may violate our Terms of Service, applicable laws, rules, regulations, or third-party terms as we may deem appropriate. We may also disclose your identity or other information about you to any third party who claims that Employer User Content violates their rights, including their intellectual property rights or their right to privacy. We may also take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website or the Services. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
No reimbursement will be issued for pre-paid services if we decide to remove your Employer User Content. We reserve the right to modify your Job Ad to optimize the listing as we deem appropriate, without notifying you, including by editing the job title and correcting the job location. You agree that we may take any and all actions to identify and reduce spam applications. You understand and agree that you are solely responsible for any liability arising out of the publication of Job Ads or materials to which users can access through such Job Ads.
Job Seekers who wish to apply for your Job Ads may only do so by applying directly on our Website (“Apply on Talent.com”) or when re-directed to apply on your company’s website (“Apply on Company Site”).
Talent.com may make available functions that allow you to monitor and manage job applications, such as viewing and downloading a resume, candidate ranking, and hiring process monitoring. Talent.com may inform Job Seekers that you have taken an action with respect to a Job Application. You further agree that Talent.com is not responsible for maintaining or storing such application materials on your behalf. Talent.com may also make available data and analytics as part of our Services for informational purposes only, and disclaims any responsibility or liability for their accuracy, completeness, or reliability, including but not limited to, data such as clicks and conversion rates.
By using our Services as an Employer, you agree to comply with applicable communication, privacy and data protection laws and regulations as they relate to your operations and the residency of the Job Seekers interacting with you in the context of our Services. More specifically, you represent and agree that that: (i) you will use the Personal Data of Job Seekers contained within any Job Application or otherwise obtained or accessed by you through the Services (the “Data”), in accordance with applicable communication, privacy and data protection laws and only for legitimate employment purposes; (ii) you shall not further disclose any such Data to a third party, unless you are an authorised third-party acting on behalf of a client, and you are accessing the Data to source candidates on behalf of your clients for legitimate employment purposes; (iii) you will implement appropriate physical, technical, and administrative measures to protect the Data from loss, misuse, unauthorised access, disclosure, alteration or destruction, and you will notify Talent.com immediately in the event of any suspected or actual unauthorised access or disclosure of such Data; (iv) you will not use the contact information from Job Applications to send unsolicited mail, emails, phone calls, text messages, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers for career fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.
For the purposes of this Agreement, “Personal Data” means any information or pieces of information that could identify an individual either directly (e.g., a name) or indirectly (e.g., through pseudonymized data, such as a unique ID number). This means that Personal Data includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, as well as unique numerical identifiers like a computer’s IP (Internet Protocol) address.
Talent.com makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, Job Applications. You accept that Talent.com acts as a passive conduit for receipt of Job Applications and has no obligation to screen such information, verify the identity of the person submitting the Job Application, or verify the accuracy of the data or content contained in the Job Application. We do not guarantee any response or the number of responses to your Job Ads or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Ads have the required qualifications to meet your requirements.
In addition, you agree to indemnify, hold harmless, and defend Talent.com at your own expense against all costs, claims, damages or expenses incurred by Talent.com for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this Section and applicable data protection and privacy laws and regulations.
If you access or use Talent.com Services through a third-party platform, such as, without limitation, third-party platforms applicable to Talent.com’s resellers, applicant tracking system partners, job advertising partners, or other strategic partners (each, a “Partner Platform”), you understand and agree that you will only post Job Ads in connection with hiring employees for your own organization, and you agree to abide by our Terms of Service. Talent.com reserves the right, as determined in Talent.com’s sole discretion, to reject or disable your use, or any portion of your use, of the Talent.com Services through a Partner Platform if you post a Job Advertisement in connection with hiring an employee for an organization other than yours.
EXCEPT AS OTHERWISE PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND TALENT.COM, THE FOLLOWING TERMS WILL APPLY TO CLIENTS USING PAID SERVICES.
If you are using a paid feature of our Services, you agree to the pricing and payment terms for the applicable Services as set forth below and as outlined on our Website, and you acknowledge that Talent.com may update and modify them from time to time.
Talent.com may charge you in different ways depending on the service provided, including based on “clicks,” defined in this Agreement as a user action that results in a job description being displayed to the Job Seeker. This includes clicks for Job Ads on our Website as well as other websites in the Distribution Channels. Talent.com’s determination of such impression count shall be binding, even in cases where this number encompasses measurements provided by a third-party. Talent.com disclaims warranty with respect to measurements provided by third-party vendors. Talent.com and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding accuracy, or the levels or timing of costs per clicks, the delivery of any job applications, or the interest level of any users who apply to or view your Job Ads. Click prices may vary based on a variety of factors, including without limitation the current supply and demand pertaining to advertisements and clicks, the sources and volume of traffic, time of day, and other factors. You acknowledge that Talent.com has limited knowledge and control regarding how clicks are measured on other websites and must rely in part on reports generated by other websites.
When we provide a free credit for our job posting Services, you may have to provide valid payment and billing information. Your method of payment will not be charged until you have reached your maximum amount of free credit.
In the event that you pay for any Services using a credit card or debit card, you authorise Talent.com to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) ("Payment Method"), for the applicable fees for the duration of the applicable term of your selected paid Services, together with any applicable sales, use, excise, goods and services tax, consumption or other similar tax applicable to the Services. You may change or update your payment method at any time in your settings. Any payments made by credit card are subject to the approval of our financial partner. A fee may be applicable at the time of the credit card verification, which will be automatically refunded by Talent.com once the validation has been made.
You represent that you are authorised to use the Payment Method on your company’s behalf, and you agree to accept an electronic record of a receipt. You may get a copy of your invoice through your Talent account settings. If at any time your Payment Method will not accept the charge for fees due, you agree that Talent.com may retry the Payment Method until it accepts the charges and/or suspend or terminate your access to the applicable Services, including those of which you do not have an outstanding balance, and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended.
By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. You agree that Talent.com may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third-party sources. You further agree that Talent.com may use the updated card information to charge amounts you owe us. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
If you elect to use a paid Service where payment is processed through the Website, you agree that your Payment Method on file with us will automatically be charged in accordance with the billing cycle stipulated on the Website for the Services you purchased. If your Payment Method will not accept the charges for the payment when due, Talent.com will attempt to process your Payment Method on the following day until payment is made.
If you elect to use a paid Service where payment is not processed through the Website, you agree to pay any outstanding invoices within thirty (30) days of the invoice date.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (eighteen percent per annum), or the highest rate permitted by law, if less, from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Talent.com in collecting delinquent amounts.
In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us, as the case may be, under this or any other agreement.
If you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute (with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed amount. All disputes must be submitted to Talent.com in writing within thirty (30) days from the date of the invoice with respect to which you have a dispute. You waive the right to dispute any charges not disputed within such thirty (30) day period. In the event that the dispute is resolved against you, you shall pay such amounts plus interest at the rate referenced above.
Our paid Services may be taxable, in which case Talent.com will charge you, in addition to our Service fees, any applicable sales, use, excise, goods and services tax, consumption or other similar tax applicable to the Services. The currency in which we bill you and the applicable taxes that may be charged on our Services are determined by which Talent.com entity you contract with and your country of residence.
You may pause or cancel your use of our Services at any time by going online and (a) pausing or deleting your Job Ad or recruitment campaign or (b) deleting your account, or by giving written notice to your Talent.com account representative. You understand that by pausing or cancelling our Services, you will remain liable to pay Talent.com the entire fees due for the Services delivered prior to the pause or cancellation becoming effective. Pausing or cancelling our Services generally takes effect within 24 hours, or a longer delay if otherwise specified in a separate agreement between you and Talent.com. You acknowledge that after pausing our Services, you will continue to have access to your account and may reactivate our Services at any time in your settings. You can delete your account at any time in your account settings. You acknowledge that you may not delete your account if you have any outstanding invoices. By deleting your account, any data, content, and features associated with the account such as job postings will be removed, and you will no longer be able to access it.
You understand and accept that, to the fullest extent available under applicable law, you will not receive a refund of any pre-paid fees if you cancel, terminate, or decide to no longer use a paid Service, prior to the expiration of those services. In the event that Talent.com suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with Talent.com, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay Talent.com the entire fees due for the product or service, as applicable.
Unless otherwise required by law, if you are contracting with Talent.com as an Employer, this Agreement and any dispute arising out of or in connection therewith or related in any way to your use of our Services or this Agreement (“Dispute”) shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein, if you are located in Canada; the laws of the Federative Republic of Brazil, if you are located in Brazil; the laws of the State of Illinois if you are located in the United States; the laws of the French Republic if you are located in France; the laws of the Swiss Confederation if you are located in Switzerland; the laws of England and Wales if you are located in the United Kingdom or elsewhere in the world, without giving effect to the conflicts of law principles thereof.
Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in the following cities and each parties hereby consent to the exclusive personal jurisdiction of such courts: Montreal, Province of Québec, if you are located in Canada; São Paulo, State of São Paulo, Brazil if you are located in Brazil; Chicago, State of Illinois, U.S.A., if you are located in the United States; Paris, France, if you are located in France; Lausanne, Switzerland, if you are located in Switzerland; London, England, if you are located in the United Kingdom or elsewhere in the world.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of our Services or these Terms of Service.
By using our Services, you acknowledge that Talent.com can only offer you these Services under the terms and conditions as presented herein. As partial consideration for your use of our Services, you agree not to sue Talent.com as a class plaintiff or class representative, join as a class member or participate as an adverse party in any way in a class-action lawsuit against Talent.com regarding your use of our Services, where permitted. If you do not agree to any part of these terms, do not continue your use of our Services. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section B.9 above.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Talent.com and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to all legal fees and expenses) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, our Services; (c) your loss of, or disclosure of, information gained from using our Service; (d) your violation of any applicable laws or regulations, including but not limited to any consumer protection laws, any employment, pay transparency, equality, or discrimination laws, any data protection or privacy laws and anti-spam, email marketing, or telemarketing laws (including any email, phone call or text message you send or make to another User); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your User Content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of our Services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant; (i) any other party's access and use of the Services with your account or login information; and/or (j) your intentional or wilful misconduct, or negligence. This defence and indemnification obligation will survive this Agreement and your use of the Services.
You may agree to these Terms of Service only if you have reached the age of eighteen (18) years old or the legal age in your jurisdiction to form binding contracts under applicable law. If you are under the legal age to form contracts in your jurisdiction but are permitted to work in the jurisdiction in which you reside, you may still use our Services but your parent, or guardian must agree to these Terms of Service on your behalf. Parents and guardians are responsible for the acts of children under the age of majority when using our Services. AS FAR AS IS PERMITTED BY APPLICABLE LAW, WE DECLINE ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OR ALL OF OUR SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF SUCH SERVICES BY YOUR CHILD.
If you are a registered User to our Services, you agree to provide accurate, current, and complete information about yourself in the registration process, and to be responsible for keeping your login information confidential.
You are solely responsible for the activity that occurs under your account. You are responsible for any password misuse or any unauthorised access, even if you notify us of this breach of security. We reserve the right at any time to disable or terminate your account, username, password, or other identifier, at our sole discretion for any reason, including due to any violation of a Term of Service provision.
By providing Talent.com your email address, when registering as a User to our Services or otherwise, you consent to us using your email address to send you service-related communication. We may also use your email address to send you other messages, such as changes to features of the Service and special offers, to the extent you have opted-in to receive such communications or if otherwise permitted by the laws of the jurisdiction where you reside. If you do not want to receive marketing communications from us, you may opt out or change your preferences in your Profile Account, if you are a Job Seeker or in your Employer Account, if you are an Employer, or by following the opt out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing our Customer Service department at [email protected]. Please note, that while you can opt out of marketing messages, you cannot opt out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you deactivate your account and stop using our Services.
Our Services allow Users to post User-generated content including, but not limited to, Job Ads, Employer information, images, logos, trademarks, screening questions, Job Seeker's application information, resumes/CVs, answers to screening questions, comments, and other materials ("User Content").
Talent.com acts as a passive conduit for the distribution, provision, and publication of User Content, and (a) exercises no control and assumes no responsibility for the substance of any User Content; (b) does not endorse, any such User Content, including advertising and information about third-party services, Job Ads, salary-related and other information provided by other Users; (c) makes no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such User Content; and (d) assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful User Content made available by Job Seekers, Employers and third parties. You agree that reliance on any User Content is at your own risk.
Although Talent.com has no obligation to screen User Content, we may monitor User Content and we reserve the right to delete without notice any User Content or portion thereof that we deem, in our sole discretion (a) violates our Terms of Service, (b) violates any law or regulation, (c) violates the rights of third parties or (d) creates liability for Talent.com or otherwise negatively impact Talent.com. You also acknowledge that Talent.com may suspend and/or terminate any user account profile connected with such User Content.
In accordance with applicable laws, regulations or judicial decisions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the User Content provided by third parties on Talent.com. The decision by Talent.com to remove or to not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver of the immunity afforded by such applicable laws, regulations, or judicial decisions, including Section 230 of the U.S. Communications Decency Act or any other similar applicable laws.
Talent.com may disclose User Content to Job Seekers and Employers and, in certain circumstances, to third parties, for purposes of providing our Services or enforcing our Terms of Service, or to protect ourselves, our affiliates, our partners, and our visitors or to comply with legal obligations or governmental requests. This means, for example, that Talent.com may honour subpoenas, search warrants, law enforcement or court-mandated requests to reveal the source of User Content or delete User Content or provide other properly requested information.
If you believe that any User Content violates our Terms of Service, please contact our legal department at [email protected] so that we may have the opportunity to consider its removal.
By posting, submitting, providing and/or otherwise making available to us any User Content, including for the purpose of sharing your information with Job Seekers or Employers, you expressly grant and represent that you have a right to grant Talent.com a royalty-free, sublicensable, perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the platforms on which we provide the Services, including without limitation on the Talent.com Websites and mobile applications, distributing such User Content through Distribution Channels, on social media sites and in job alerts to job seekers, to promote Talent.com and the Services, and to share or otherwise use such User Content and additional information as is reasonably required to fulfil the Services we provide to you. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify, and hold harmless Talent.com and its affiliates from any claims resulting from any such User Content.
If you are an Employer, you acknowledge and agree that Talent.com has no obligation, and may be unable, to remove your Job Ads and other User Content (including any logos and/or trademarks contained therein) once they have been (i) distributed via our Distribution Channels (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, and in each case above, the license grant from you will be perpetual and irrevocable for such uses.
To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Talent.com to identify you as a User of the Services in any promotional and marketing materials to promote Talent.com and the Services. Further, to the extent you have given Talent.com the right to access certain User Content that is present on another website or service you own or control, you give Talent.com the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You acknowledge that Talent.com is under no obligation to provide compensation in any form to you in exercise of its rights under the license granted in this Section.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this Section to User Content that you submit, provide, make available or post, via the Services; that the use by Talent.com of your User Content will not violate any law or infringe the rights of any third party; and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
You agree that you will use our Services solely for lawful purposes in a manner consistent with these Terms of Service and all applicable laws, regulations, or other legally enforceable obligations you may have towards us and any third parties. You understand that you might expose yourself to liability if your User Content or other use of our Services violates applicable law or any third-party right.
You agree not to engage in any of the following prohibited activities:
Talent.com reserves the right to use any method to detect and block the above activity and to screen User Content and User activity to prevent abuse on the Website. While Talent.com will make every effort to detect and prevent the above from occurring, we will not be liable or responsible should we fail to do so. We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination, you breach or violate any provision of our Terms of Service, commit fraud or other abuse using the Services. We will not be held responsible should your account be mistakenly flagged for review.
Talent.com shall have no liability for your interactions with other Users, or for any User's action or inaction. Talent.com shall have no obligation to you to enforce this Agreement against any other User. You agree to remedy any disputes you may have with other Users directly with that User. As a Job Seeker, you agree that any rights you have under any applicable laws pertaining to your dealings with an Employer in the context of using our Services, including employment, equality or discrimination laws, consumer protection and fair credit reporting laws, data protection and privacy laws may only be asserted against such Employer.
These Terms of Service provide only a limited license to Job Seekers and Employers to access and use the Services in accordance with their terms. Accordingly, you hereby agree that Talent.com transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services, including, without limitation, software, (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content ("Talent.com Content"). All such Talent.com Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (except for Feedback) are exclusively owned, controlled, and/or licensed by Talent.com or its members, parent(s) licensors or affiliates. Talent.com, the Talent.com logos, and all other marks are proprietary trademarks of Talent.com and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Talent.com is hereby strictly prohibited. Except as explicitly provided herein, nothing in the Terms of Service shall be deemed to create a license in or under, any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Talent.com Content or materials on the Services for any purpose not expressly permitted by the Terms of Service is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide Talent.com suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"), you consent to this Feedback becoming the property of Talent.com.
Such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, and non-exclusive right and license for Talent.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. You agree that this Feedback will not create any confidentiality obligation upon Talent.com. To the extent permitted by applicable law, you waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights, in your Feedback. You agree not to provide any Feedback that breaches any agreement you have with a third party.
By using any of the Talent.com mobile applications that can be downloaded in device application marketplaces (“Talent.com Apps”), you agree that all of the terms and conditions found herein apply to your use of the Talent.com Apps. Additionally, you agree that the Talent.com Apps may send you push notifications if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Talent.com Apps, you allow us to make formatting changes to any User Content as they appear on your phone. You further acknowledge that your use of the Talent.com Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Talent.com Apps, and we disclaim all responsibility for such data usage. In addition, if you allow Talent.com Apps to utilise location services, the Talent.com Apps may suggest to you and collect from you information based on your geographic location.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Talent.com App downloadable from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"): the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to your use of any Talent.com App that you acquire from Google Play. Talent.com and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Talent.com or you (or any other user) under this Agreement or the Google Play Terms.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Talent.com Apps downloadable from the Apple App Store or its successors as operated by Apple Inc. or one of its affiliates ("Apple"): Apple is not a party to this Agreement and does not own and is not responsible for the Talent.com App. Apple is not providing any warranty for the Talent.com App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Talent.com App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Talent.com App, including any third-party product liability claims, claims that the Talent.com App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Talent.com App, including those pertaining to intellectual property rights, must be directed to Talent.com. The license you have been granted herein is limited to a non-transferable license to use the Talent.com App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Talent.com App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Talent.com’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Talent.com may offer beta test products or features on our Website. These beta test products or features may be offered in limited quantities, in limited locations, and for limited time. We may discontinue or cancel all or part of a beta product or feature at any time without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS.
You may not use our Services if you are (i) located in, or a resident or a national of, any country subject to U.S. or Canadian government embargo, sanctions, or other restrictions (ii) named on any U.S. or Canadian government denied-party list or (iii) engaged in activities directly or indirectly related to the proliferation of weapons of mass destruction. Further, you shall not make our Services available to any person or entity that falls under (i), (ii) or (iii) above. Talent.com reserves the right to limit or terminate any and all Services in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, riot, insurrection, terrorism, or threat thereof, or civil disorder.
You represent that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Talent.com’s employees or agents in connection with this Agreement.
Copyright laws, such as the Copyright Act in Canada or The Digital Millennium Copyright Act of 1998 in the US, and similar laws in other jurisdiction provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under applicable copyright laws. If you believe in good faith that materials hosted by Talent.com infringes your copyright under any applicable copyright laws, you (or your agent) may send us a notice in the form prescribed by regulation requesting that the material be removed or access to it blocked. The notice shall (a) state the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant; (b) identify the work or other subject-matter to which the claimed infringement relates; (c) state the claimant’s interest or right with respect to the copyright in the work or other subject-matter; (d) specify the location data for the electronic location to which the claimed infringement relates; (e) specify the infringement that is claimed; (f) specify the date and time of the commission of the claimed infringement; and (g) contain any other information that may be prescribed by regulation.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Talent.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by applicable copyright laws. Notices and counter-notices with respect to the Website should be sent in writing to Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under certain copyright laws.
If you believe in good faith that any content on the Services is illegal or infringes your or a third party's intellectual property right other than copyrights, such as trademarks, or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: [email protected]. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, phone number and email address.
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal data for improper purposes. You acknowledge that you provide your personal data at your own risk. Any actual or attempted use of the Services by you in violation of this Agreement may result in criminal and/or civil prosecution. Talent.com reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Services without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Services.
We continuously test our system for potential breaches and have developed a Bug Bounty program that proactively encourages and rewards third parties for identifying security vulnerabilities on our site. We have dedicated resources monitoring our servers for any potential intrusions or vulnerabilities. We encrypt our data while stored and in transit and have strict access control policies within our organization to control access to the data. No system is 100% secure, so we dedicate resources to ensure that we minimize the risk of leaks, breaches, or hacks.
If you are neither a Job Seeker nor an Employer as defined in this Agreement, this Agreement and any dispute arising out of or in connection therewith or related in any way to your use of our Services (“Dispute”) will be governed by and under the laws of the Province of Québec and the laws of Canada applicable therein, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the courts of the Province of Québec, Canada and the parties to such Dispute hereby consent to the exclusive personal jurisdiction of such courts.
TALENT.COM MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS OR FEATURE OFFERED WITHIN THE SERVICES AND PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALENT.COM, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES AND PRODUCTS OFFERED WITHIN THE SERVICES. TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY TALENT.COM. TALENT.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, TALENT.COM’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT TALENT.COM’S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL TALENT.COM OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF TALENT.COM OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID TALENT.COM TO USE THE SERVICES.
Through your use of our Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, salary data and Salary Data Displays, and guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of Talent.com; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party, login credentials or any other mechanism that permits access to the Services or any other non-public area of the Website.
You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause Talent.com irreparable damage, for which the award of damages would not be adequate compensation. Therefore, Talent.com may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, Talent.com may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound. Except as set out in this Agreement, only you and Talent.com may enforce this Agreement as this contract is between you and Talent.com.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY TALENT.COM WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. YOU ACKNOWLEDGE THAT TALENT.COM DISCLAIMS ALL WARRANTIES ASSOCIATED WITH ELECTRONIC SUBMISSIONS, INCLUDING ANY ERRORS ASSOCIATED WITH THE VALIDITY OF ANY SIGNATURES, AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY AGREEMENTS/TRANSACTIONS ARE RECEIVED AND RETAINED BY YOU.
Any notices to Talent.com must be sent in writing to Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department, via certified first class or overnight courier (signature required) and are deemed given upon receipt.
Any notices to Users will be provided electronically by email, messaging service, notification in your account interface or through conspicuous posting of such notice on our Website or Talent.com Apps, as determined by Talent.com, in its sole discretion. Notice to Users is deemed received and effective when sent (for electronic communications) or no more than 30 days after having been posted in your account interface or on our Website or Talent.com Apps.
Talent.com may modify these Terms of Service at any time. If we do so, we will post the revised Terms of Service and update the “Last Updated” date at the top. In case of material changes, we will also provide you with notice of the modifications, before the effective date, via email, messaging service or notification on our Website and/or ask you to explicitly accept the revised Terms of Service before your next visit on our Website or Talent.com Apps. If you disagree with the revised Terms of Service, you should not use our Services and you should cancel your account. Your continued use of our Services after the effective date of the proposed changes will constitute acceptance of the revised Terms of Service.
By using our Services, you agree to comply with all applicable laws and regulations, including Canadian, U.S. or other export and re-export control laws and regulations, copyright laws, privacy laws and laws regarding intellectual property.
You may not assign or delegate any of your rights or obligations herein without Talent.com’s prior written consent and any such attempt is void. Talent.com may freely assign or delegate its rights and obligations herein without notice to you.
These Terms remain in effect while you use our Services and, for registered Users, if your account remains active. You may delete your account at any time. All provisions of these Terms of Service shall survive termination or expiration except those provisions granting access to or use of our Services. We may suspend or terminate your account, or your access to parts of our Services at our discretion and at any time, including if we determine that you have violated any terms of this Agreement, and we are not liable for any deletion of your information.
If you have questions about our Terms of Service, please contact us at [email protected].
You can also contact us at the following mailing address: Talent.com Inc. 5800 St-Denis Street, Suite 604 Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department.