Terms of Use

1. Introduction

1.1  The TalentHunter.ai website (the Site) is owned and operated Tech Sales Jobs Limited, a company registered in England and Wales with registered number 11070734 and with its registered office at Kemp House, 152-160 City Road, London EC1V 2NX (TalentHunter.ai, we, us). By using the Site you agree to be bound by these terms of use (the Terms) together with the privacy and cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us by email at hello@talenthunter.ai

1.2  We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email and we shall obtain the consent of a Job Seeker who has registered for Talent Hunter.AI to any changes in these changes. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

1.3  The Site operates a service called Talent Hunter.AI where we provide anonymous Job Seekers profiles to Employers who in turn can then request interviews and make job offers. Talent Hunter.AI does not seek to introduce or supply Job Seekers to Employers on theTalent Hunter.AI service, in respect of any specific vacancy or otherwise. We do not act as an employment agency and/or an employment business in respect of TalentHunter.AI.

1.4  We are an intermediary platform, and we are not bound by any contract that may arise at any time between Job Seekers and Employers.

2. Definitions

2.1 In these Terms, words defined in Condition 1 shall have the same meaning when used throughout these Terms. In addition, the following words have the following meanings:

Employer: a business or other entity who registers on the Site in order to recruit an individual into a tech sales position;

Fees: the fees due from the Employer set out here www.talenthunter.ai/fees;

Job Opportunity: the employment opportunity posted on the Site by an Employer which is shared with Job Seekers;

Job Seeker: an individual who registers on the Site in order to have their profile showcased anonymously to tech employers;

Request: a non-binding request from an Employer to a Job Seeker to attend an interview;

Site: the TalentHunter.ai website.

Site Content: all materials on the Site, including all information, data, text, images, recordings and software excluding any content posted by an Employer and/or a Job Seeker.

Terms: these terms and conditions.

You: any user of the Site, including an Employer and/or a Job Seeker.

2.2  In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

2.3  Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.

3. Registering on the Site and Use of the Site

3.1  Whether you are an Employer or a Job Seeker, you register with the Site directly. When you do so you will create a username and password or you may be provided a username and password by us. You are responsible for keeping your username and password confidential and you are responsible for any activity under your TalentHunter.ai account. Please take precautions to protect your password and contact us immediately by email at at hello@talenthunter.ai if you believe there has been any unauthorised use of your TalentHunter.ai account.

3.2  When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to:

(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;

(b) harvest or otherwise collect non-public information about another user obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;

(c) add a Site user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;

(d) transmit spam, chain letters or other unsolicited emails; and/or

(e) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

3.3  You may not have more than one account on the Site.

4. Job Seekers

4.1 If you wish to register as a Job Seeker on the Site, you must: (a) be at least 18 years old;
(b) be legally capable of entering into a contract;

(c) not have any criminal conviction anywhere in the world, excluding an offence under road traffic legislation in the United Kingdom or elsewhere for which you are not sentenced to any term of imprisonment whether immediate or suspended;

(d) have all appropriate qualifications necessary for the sort of work you are seeking; and

(e) be legally entitled to work in the territory where you are seeking employment.

At our request, you shall provide evidence of your compliance with this Condition 4.1 and you agree that we may accept or reject your application to be a Job Seeker at our discretion.

4.2  Job Seekers are encouraged to create a profile for the purposes of being showcased anonymously to Employers and to keep their profile up-to-date. You warrant and represent all content included in a profile, and any interactions on the Site must not:

(a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations;

(b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;

(c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence;

(d) be deliberately or knowingly false, inaccurate or misleading;

(e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; and/or

(f) give rise to any cause of action against TalentHunter.ai.

4.3  We do not monitor or review any content uploaded to the Site by a Job Seeker. However, we may remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 4.2.

4.4  You must respond to the questions we ask so that we can create a profile for you. This profile is anonymous, but you understand that as part of Talent Hunter.AI, we may make your profile available to an Employer on an anonymous basis. If the Employer is interested in seeing you, you may receive a Request within your account. You are not obliged to accept the Request and for the avoidance of doubt, a Request is non-binding and does not create a legally binding employment or other contract. You agree that if you do accept the Request and attend an interview, we may receive feedback, including personal data about you, from the Employer. We shall process such personal data in accordance with our Privacy & Cookie Policy.

5. Employers

5.1 If you wish to register as an Employer on the Site, you must:

(a) have the authority to bind the Employer to these Conditions; and

(b) be based in a territory covered by our services.

At our request, you shall provide evidence of your compliance with this Condition 5.1.

5.2  We shall consider your registration, and if we accept you as an Employer on the Site, you shall be entitled to create Job Opportunities and a company profile, and to subsequently view anonymous profiles of Job Seekers, and if you wish to do so, submit a Request to such a Job Seeker. You agree that a Job Seeker does not have to accept a Request and/or attend an interview.

5.3  Employers warrant and represent that all content that they post on the Site, including within their profile and with a Job Opportunity, must not

(a) breach the provisions of any law, statute or regulation including the Equality Act 2010 and the General Data Protection Regulations 2016;

(b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;

(c) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(d) be illegal, dishonest, false, inaccurate or misleading;

(e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; and/or

(f) contain content that is not in keeping with the intention of the Site, such as containing content solely to promote goods or services; and/or

(f) give rise to any cause of action against TalentHunter.ai.

5.4  We may at our sole discretion:

(a) require you to amend any such content; and/or

(b) remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 5.3.

5.5  We shall host the Job Opportunity in accordance with these Terms on the Site for a period of 90 days from receipt. If the vacancy to which the Job Opportunity relates is filled whilst the Job Opportunity is included on the Site, you agree to promptly remove the Job Opportunity from the Site.

5.6  Employers shall treat all personal data and other information relating to a Job Seeker as confidential and keep all such information secure, and not share such data with any third party, or use such data for any purpose except to consider the Job Seeker’s suitability for a current job vacancy within the Employer’s business. Employers shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorized access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection. Employers shall ensure that individuals processing personal data of a Job Seeker are subject to a duty of confidence in relation to such personal data. Employers shall assist TalentHunter.ai in providing subject access and allowing data subjects to exercise their rights under applicable laws and assist TalentHunter.ai in meeting its legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments. At the request of TalentHunter.ai, Employers shall submit to audits and inspections by TalentHunter.ai to ensure that it is complying with its obligations under this Condition 5.6 and shall notify TalentHunter.ai if it is requested to take any action in breach of any applicable data protection legislation.

5.7  Employers agree that TalentHunter.ai shall be entitled to reproduce and use the Employers name and associated logos within publicity for the Site and the TalentHunter.ai business.

5.8  Information relating to a Job Seeker and accessible by an Employer underTalent Hunter.AI is anonymous unless and until the Job Seeker agrees to a Request. However, Employers must not attempt to circumvent Talent Hunter.AI in anyway by trying to establish the identity of a Job Seeker and contacting them directly.

6. Fees

6.1  No fees are due from Job Seekers in relation to the registration and use of the Site and/or Talent Hunter.AI.

6.2  No Fees are due from Employers to register on the Site, create a Job Opportunity, or to browse Job Seekers’ anonymous profiles.

6.3  Fees due from Employers for TalentHunter.ai are set out here www.talenthunter.ai/fees and are due on engagement of a Job Seeker. We reserve the right to change the calculation of the Fees due at our sole discretion and on notice to Employers.

6.4  If a Job Seeker attends an interview and is subsequently offered employment or other engagement with the Employer, both the Job Seeker and the Employer shall inform us accordingly within 2 working days, and shall provide us with the signed job offer or the details of the engagement including but not limited to the scope of the role, remuneration and other conditions of employment as soon as possible. Furthermore, the Employer and the Job Seeker will promptly notify us if the Job Seeker’s employment does not commence or is terminated within ninety (90) days from the start date that they have agreed.

6.5 The payment processing services on the Site are provided by SimpleInvoices.io and are subject to their terms of use. As a condition of TalentHunter.ai enabling payment processing services, you agree to provide TalentHunter.ai with accurate and complete information, and you authorise TalentHunter.ai to share it and transaction information related to your use of the payment processing services provided by the third party payment provider.

7. Site Communications and Availability

7.1  All communications between the Employers and Job Seekers must be fair, honest and appropriate in the context of the Employer/potential employee relationship. In particular, you warrant and represent that your communications shall not include content that:

(a) is defamatory, obscene or offensive;
(b) is in breach of applicable laws;
(c) harasses another user;
(d) involves the transmission of junk mail or spam;
(e) engages in commercial activities not relating to the Job Ad in question; (f) is inciting hatred of any sort; and/or

(g) contains any virus or malicious code.

7.2  We will use reasonable endeavours to maintain and make available to you the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.

7.3  For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

8. Disclaimer – Your attention is particularly drawn to these provisions

8.1  Employers and Job Seekers acknowledge and agree that Talent Hunger is provided for information purposes only. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of a Job Seeker for a particular job and/or the suitability of a particular job for a Job Seeker. It is therefore the responsibility of an Employer to ensure the Job Seeker is suitable for a particular job, and also the responsibility for the Job Seeker to ensure that the job and the Employer is suitable for their purposes. All normal, prudent checks should be carried out by Employers and Job Seekers, including identity checks, qualifications, experience, a detailed understanding of the position that is offered (hours, location, pay), health and safety issues and legal requirements.

8.2  Employers and Job Seekers further acknowledge and agree that TalentHunter.ai has no responsibility and/or liability for any errors or omissions in any content posted by an Employer and/or a Job Seeker, including a Job Opportunity. We accept no obligation to verify or review such content. Furthermore, we do not warrant that any Job Seeker shall find a suitable job, or that an Employer shall find a suitable candidate for their vacancy.

8.3  Subject to Condition 8.6, TalentHunter.ai shall in no circumstances be liable to any user of the Site in contract, tort (including negligence) or otherwise for any:

(a) loss of profit, anticipated profits or business;
(b) loss of data;
(c) loss of opportunity;
(d) loss of revenue or waster expenditure;
(e) loss of goodwill or reputation; and/or
(f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).

The provisions of this Condition 8.3 are severable.

8.4 Subject to Condition 8.5, TalentHunter.ai’s maximum liability to an Employer whether in contract, tort or otherwise shall in no circumstances exceed the lower of the total Fees paid by the Employer: (a) for the Job Seeker that is the subject of the claim; or (b) otherwise paid to TalentHunter.ai in the six (6) months preceding the date on which the liability arose.

8.5  If you are a Job Seeker and there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the Site.

8.6 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

9. Indemnity

The Employer shall indemnify and keep indemnify and held harmless TalentHunter.ai from and against any costs, claims, losses, damages, expenses and liabilities that TalentHunter.ai may suffer or incur arising as a result of:

9.1  any claim or allegation in relation to the content of a Job Opportunity; and

9.2  any claim or allegation from a Job Seeker or any third party relating to the acts or omission of the Employer.

10. Intellectual Property Rights

10.1 The copyright in all Site Content is owned by or licensed to TalentHunter.ai. All rights are reserved. You can view, print or download extracts of the Site Content for your own use in order to seek employment or seek employees and for no other purposes. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.

11. Confidential Information

11.1 Confidential Information shall mean all information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party).

11.2  The Receiving Party shall not, and shall ensure that its employees shall not, use copy or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions.

11.3  The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and where those employees are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them.

11.4  The provisions of Conditions 11.1, 11.2 and 11.3 shall not apply to any Confidential Information which:

(a) is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party;

(b) is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or

(c) is required to be disclosed by any court, government or administrative authority competent to require disclosure.

12. Termination or Suspension

12.1  We reserve the right to suspend or terminate the account of an Employer or a Job Seeker at any time and without liability .

12.2  Following termination by us of your TalentHunter.ai you must cease to use the Site and you must not re-register on the Site under any other name.

12.3  You may contact us at any time to terminate all or part of your TalentHunter.ai account and we shall promptly remove your content from the Site.

12.4  If you are an Employer, any obligation to pay Fees due shall continue notwithstanding any termination of your access to the Site.

13. General

13.1  These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site.

13.2  If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

13.3  Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4  We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

13.5  These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: July 17th 2018