Terms & Conditions
Effective: May 26, 2015 Last Revised: May 23, 2018
These TalentsTracker Service Terms (these “Terms”) explain the relationship between ENABLEAN Consulting GmbH & Co. KG (“TalentsTracker ”, “we” or “us”) and you when you (a) access and use talentstracker.com and its related domains (together, the “Site”) and/or (b) download, install, use and in some cases purchase TalentsTracker’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the “ TalentsTracker Services”).
These Terms govern visitors’ access to and use of the public & private areas of the Site, as well as access to and use of the TalentsTracker Services. Unless otherwise indicated, “ TalentsTracker Services” as used throughout these Terms includes the public & private areas and the TalentsTracker Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the TalentsTracker Services.
- License Grant
The TalentsTracker Services are owned by TalentsTracker and are licensed, not sold, to you. TalentsTracker grants to you a personal, non-exclusive, non-transferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and/or use the TalentsTracker Services, where applicable, to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the TalentsTracker Services (“Order Form”) and any and all other terms and policies set forth in the TalentsTracker Services. You acknowledge that the source code for the TalentsTracker Services and other trade secrets embodied in the TalentsTracker Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by TalentsTracker.
- Use of TalentsTracker Services
Unless you are visiting only the public areas of the Site, you are required to register to use the Services by completing the online registration form on the Site.
TalentsTracker shall send you a confirmation email (“Confirmation Email“) once it has accepted and confirmed your registration. Your contract to use the Services on these Terms (“Contract“) commences on the date of the Confirmation Email.
TalentsTracker reserves the right to conduct verification and security procedures in respect of all information provided by you to TalentsTracker. If TalentsTracker has reason to believe that the information provided by you to register and to use any of the Services breaches or is likely to breach any of the provision in these Terms, TalentsTracker at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Contract.
These Terms shall apply to any and all users who access and use the Site and the Customer Services through your business account. You acknowledge and agree:
- all users must use the business email address allocated to them when the user is creating a profile in TalentsTracker;
- TalentsTracker may allocate different accounts with varying levels of access, and the you shall comply (and ensure each user complies) with any directions of TalentsTracker relating to the establishment and use of such user accounts;
- only one person may log-on to the Site and/or access the Services using any one account at any one time; and
- you are directly liable to TalentsTracker at all times for the acts or omissions of its users.
You shall, and shall ensure your users, keep any usernames and passwords (“Logins“) safe and secure to ensure that they are not used without your permission. You must immediately notify TalentsTracker if it has reason to believe that there has been unauthorised use or access to the users’ Logins and/or the your profile on the Site. You shall be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of your Logins to access the Services and/or the Site, whether such use is authorised by you or not.
At any time upon notice to you, TalentsTracker may require you to execute any further documents to confirm the your acceptance of, or give full effect to, these Terms.
2.2 Your Responsibilities
You are responsible for providing the equipment and services that you need to access, download, install and/or use the TalentsTracker Services. TalentsTracker does not guarantee that the TalentsTracker Services are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.
You will use the TalentsTracker Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the TalentsTracker Services. You agree that you will not use the TalentsTracker Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the TalentsTracker Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
If you use the TalentsTracker Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. TalentsTracker is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
Except as specifically permitted in these Terms or expressly authorized in writing by TalentsTracker, you agree that you will not directly or indirectly:
- distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the TalentsTracker Services;
- use any of the TalentsTracker Services in any service bureau arrangement;
- reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the TalentsTracker Services; or
- permit any third party to engage in any of the acts described in clauses (a) through (c).
You are not permitted to:
- remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the TalentsTracker Services;
- decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the TalentsTracker Services;
- use any means to discover the source code of the TalentsTracker Services or to discover the trade secrets in the TalentsTracker Services; or
- otherwise circumvent any functionality that controls access to or otherwise protects the TalentsTracker.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the TalentsTracker Service (“Your Content” as defined in clause 3 below).
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the TalentsTracker Services.
2.3 Our Responsibilities
TalentsTracker is responsible for providing the TalentsTracker Services in accordance with these Terms and all applicable laws, rules and regulations.
The Services typically include the following key features:
- the facility to add accounts for “Colleagues” (meaning your company’s employees and nominated representatives on their hiring team) by nominating such individuals to create individual user accounts which permit them to access the Services on behalf of your company;
- the facility to create “Positions“, meaning descriptions of an employment or contractor role or position that you are seeking to fill (Note: the ability to do this may be limited to a set number of “Open Positions” in accordance with the corresponding subscription plan you selected, as described on the Site);
- the facility to upload “Company Information“, meaning information about your organisation or any Open Position;
- the ability to publish positions to the company’s homepage where they can be displayed to potential “Candidates“, meaning persons seeking employment on a contract or permanent basis who register with TalentsTracker;
- access to view the “Profile” of a Candidate who applies for a Position, which means the information submitted by a Candidate through the Service which may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history;
- a Talent Pool to compare Candidates, and the facilitation and management of communications between you and your users, and any Candidate, with respect to a Position; and
- any other features and functionalities provided by TalentsTracker to its Customers from time to time.
For the avoidance of doubt, TalentsTracker’s obligations shall be limited only to the provision of the Services and do not in any way include acting on your behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and TalentsTracker, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
TalentsTracker may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to its Customers. TalentsTracker shall have no obligation to notify you in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Site, TalentsTracker shall use its reasonable endeavours to notify you in advance provided that TalentsTracker is able to do so.
TalentsTracker reserves the right but is not obligated to improve, enhance or modify the TalentsTracker Services. We will notify you of changes to the TalentsTracker Services that may affect the manner in which you use the TalentsTracker Services or the manner in which the TalentsTracker Services perform.
TalentsTracker is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defence and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, websites, Software, services and other materials of third parties with which you may interact when you use the TalentsTracker Services (collectively, “Other Services”). You access Other Services entirely at your own risk and you are responsible for complying with terms and conditions applicable to your access and use of other services.
We use commercially reasonable efforts to make the TalentsTracker Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labour problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
2.5 Your information
TalentsTracker reserves the right to ask you to use your name and/or company name as a reference for marketing or promotional purposes on TalentsTracker’s Site and in other communication with existing or potential TalentsTracker customers. To decline TalentsTracker this right you need to email firstname.lastname@example.org stating that you do not wish to be used as a reference.
TalentsTracker Services are subject to other limitations, such as limits on the amount of email sent as specified by your email provider.
- Your Content
The TalentsTracker Services allow you to upload, transmit and use information and other content to and through the TalentsTracker Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that TalentsTracker will use Your Content to provide the TalentsTracker Services to you. You have or will obtain all rights necessary to provide Your Content to TalentsTracker and you hereby grant TalentsTracker a worldwide license to use, reproduce, distribute, display, publish and perform your Content as necessary for TalentsTracker to provide the TalentsTracker Services to you in accordance with these Terms.
By transferring Your Content on or through the Service, you hereby do and shall grant TalentsTracker a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, reproduce, distribute, display, publish and perform Your Content in connection with the Service. TalentsTracker has the right, but not the obligation, to monitor the Service, Content or Your Content. You further agree that TalentsTracker may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. In such an event, TalentsTracker shall use its reasonable endeavours to notify you about such measures.
We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the TalentsTracker Services.
You shall ensure that its use of the Services and/or the Site, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between your users and with Candidates, and all other material of any format (“Submissions“):
- comply with all applicable laws and legislations;
- do not infringe any intellectual property rights or other proprietary rights of any third party;
- not reasonably be deemed to: be offensive, illegal, inappropriate or in any way: promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or advocate harassment of another person; display pornographic or sexually explicit material; promote any conduct that is abusive, threatening, obscene, defamatory or libellous; promote any illegal activities; provide instructional information about illegal activities, including violating someone else’s privacy or providing or create computer viruses; promote or contain information that you know or believe to be inaccurate, false or misleading; engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent; exploit people in a sexual or violent manner; invade or violate any third party’s right to privacy; and transmit “junk mail”, or “chain letters”, or unsolicited mass mailing, messaging or “spamming”; and you hereby indemnify TalentsTracker for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by TalentsTracker which arise directly or indirectly from a breach by you of this clause 4.
Unless otherwise explicitly stated by TalentsTracker, TalentsTracker does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by you on the Site to determine whether they may result in any liability to any third party. You hereby warrant that you have the right to use all such information and material.
Notwithstanding clause 4, TalentsTracker reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if TalentsTracker has reason to believe that your use of the Services and/or the Site breaches these Terms.
You shall not:
- at any time use the Services and/or the Website with the purpose of impersonating another User or person; and
- use the information made available to you through its use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services and/or the Website; and
- do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.
TalentsTracker takes breaches of this clause 4 very seriously and therefore reserve the right to take any action that TalentsTracker deems necessary. This can include, without limitation, suspension or termination of your use of the Services and/or access to the Site. In certain circumstances TalentsTracker may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or the Site, or disclose information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy. You shall promptly notify TalentsTracker if it is aware of any or any suspected breaches of this clause 4 by any of your users.
- Your interaction with candidates
You shall ensure that any Position you publish through the Site contains the sufficient information to allow a Candidate to make an informed decision as to applying for the role in question.
You warrant and represent that the information provided pursuant to clause 5 and in respect of the information shall be correct, complete, accurate and up to date. In the event the information in the Open Position or the Company Information is incorrect, incomplete, inaccurate or out of date, then you must immediately take all necessary steps to rectify such information.
You shall at all times use the Services and the Site in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation.
You are solely responsible for the use of the Services and its internal management of the recruitment process, for each Candidate search you undertake and any Open Position advertised by you through the Site. You are also responsible for confirming:
- each Candidate’s qualifications, skills, training and experience;
- that the Candidate has the right to work in the relevant jurisdiction; and
- procuring from the Candidate(s) all information reasonably required by you to determine the Candidate’s suitability to the Position.
You acknowledge that TalentsTracker does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of the Candidates. TalentsTracker does not warrant, represent or guarantee that you will be able to fill the Position using the Services.
You shall at all times keep all information including without limitation, the Candidates’ Profiles, communication and correspondences between you, TalentsTracker and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential.
The Services shall be personal to the your organisation and you have no right whatsoever to resell the Services to any third party for any reason without the express written approval of TalentsTracker.
You acknowledge and agree that it is your responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between you and the approved Candidate directly. In the event there is a dispute between you and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a “Dispute” – you agree TalentsTracker is not liable for any loss or damage suffered by you resulting from any such Dispute and you hereby release and hold harmless TalentsTracker from any such loss or damage or any liability in relation to any Dispute.
You hereby indemnify TalentsTracker against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by TalentsTracker which arise directly or indirectly from any Dispute, or any breach by you of clause 5.
- Your Trial Access
Access to the Site and the Services may be granted to you on a trial or ‘free’ basis (“Trial“). You acknowledge and agree that during the Trial, these Terms and conditions shall apply, as well as the following specific terms:
- access to the Services during the Trial will be provided to you at no cost;
- such access is solely for the purpose of offering you a preview demonstration of the functionality and features of the Services;
- the functionality of the Services during a trial may be limited or restricted; and
- TalentsTracker may withdraw or suspend your access to the Services at any time during the Trial, and at the completion of the Trial continued access to the Site and/or Services will be subject to payment of Fees or charges.
- Paid TalentsTracker Service
TalentsTracker offers TalentsTracker Services for a fee (“Paid TalentsTracker Service”). The Paid TalentsTracker Service is provided to you for a monthly fee at the then-current rates as described at talentstracker.com/pricing (“Fee Schedule”). TalentsTracker reserves the right to change the Fee Schedule upon thirty (30) days advanced notice to paying customers.
TalentsTracker does not store, process or transmit any of your credit card data but relies entirely on Stripe, Inc. to handle these functions. Payments due for the Paid TalentsTracker Services are subject to the terms of the online order process at https://stripe.com/de/terms. If you do not agree to Stripe’s terms, then please do not sign up for the Paid TalentsTracker Service.
Your Paid TalentsTracker Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance unless you have chosen the yearly payment option where you will pay once per year. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid TalentsTracker Service. To cancel the Paid TalentsTracker Service, simply send a request to email@example.com requesting so. We begin to process cancellation requests immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.
If payment in full of any amount owed to TalentsTracker under these Terms is not received by TalentsTracker within thirty (30) days after such payment has become due, such amounts will thereafter bear interest at the rate 0.05% per day or the maximum rate permitted by applicable law, whichever is less. If any payment due TalentsTracker is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys’ fees.
We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (a) you have validly entered into these Terms and have the legal power to do so and (b) you have all necessary rights, licenses, consents and permissions to use Your Content with the TalentsTracker Services.
Except as expressly provided above, you acknowledge that the TalentsTracker Services are supplied to you on an “AS IS” basis and that use of the TalentsTracker Services is at your sole risk. TalentsTracker hereby expressly disclaims all warranties regarding the TalentsTracker Services and the use, performance, operation and support thereof, either express or implied, including warranties of merchantability, fitness for any particular purpose, title or non-infringement, interference with enjoyment, accuracy, completeness, integration, freedom from defects or disabling devices, uninterrupted use and all warranties implied from any course of dealing or usage of trade. TalentsTracker does not warrant that:
- TalentsTracker Services will meet your requirements,
- operation of the TalentsTracker Services will be uninterrupted or virus- or error-free,
- the TalentsTracker Services will operate or be compatible with any other applications or any particular systems or devices,
- defects in the TalentsTracker Services will be corrected or
- that the TalentsTracker Services will be available for reinstalls on the same or multiple devices.
Any oral or written advice provided by TalentsTracker or its authorised agents will not be deemed to create any warranty. Some jurisdictions do not allow the exclusion of implied warranties or some or all of the above exclusions may not apply to you.
- Limitation of Liability
TalentsTracker’s liability with respect to any single incident arising out of or related to the delivery, use or performance of the TalentsTracker Services or these Terms (whether in contract or tort or under any other theory of liability) will not exceed the amount paid by you hereunder in the twelve (12) months preceding the incident; provided that in no event shall TalentsTracker’s aggregate liability arising out of or related to these Terms (whether in contract or tort or under any other theory of liability) exceed the total amount paid by you hereunder. The foregoing limitation will not limit your payment obligations.
In no event will TalentsTracker be liable to you or any third party for indirect, special, exemplary, incidental, consequential and punitive damages (including, but not limited to, costs of procurement of substitute goods or services, loss of use, data or profits or business interruption), however caused and under any theory of liability, whether under these Terms or otherwise arising in any way in connection with the TalentsTracker Services or these Terms and whether in contract, strict liability or tort (including negligence or otherwise) even if TalentsTracker has been advised of the possibility of such damage. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that TalentsTracker would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
The TalentsTracker Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material are automatically protected by copyright, irrespective of whether copyright is asserted or not. You acknowledge and agree that TalentsTracker owns all right, title and interest in and to the TalentsTracker Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests.
You do not acquire any rights or licenses under any of TalentsTracker’s copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the TalentsTracker Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to TalentsTracker by you (collectively, “Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by TalentsTracker or otherwise relating to the TalentsTracker Services (collectively, “Revisions”), are and will remain the property of TalentsTracker. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the TalentsTracker Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of TalentsTracker and TalentsTracker may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TalentsTracker any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by TalentsTracker, you will execute any document, registration or filing required to give effect to the foregoing assignment.
You agree to indemnify and defend TalentsTracker and its affiliates, directors, officers, employees and agents from and against all Claims brought against TalentsTracker by any third party arising from your use of the TalentsTracker Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this clause 11 apply to any applicable actions taken under your Account. TalentsTracker reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of TalentsTracker may be made without TalentsTracker’s prior written approval.
- Modifications to Terms
We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the TalentsTracker Services after the “Last Revised” date at the top of this page. Your continued access or use of the TalentsTracker Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the TalentsTracker Services and will destroy any copy (full or partial) of any and all parts of the TalentsTracker Services in your possession or control. Termination will not limit any of TalentsTracker’s other rights or remedies at law or in equity. This clause 13 along with clauses 7, 8 and 9 will survive any termination or expiration of these Terms.
- Export Laws
You agree that you will not export or re-export, directly or indirectly, the TalentsTracker Services and/or other information or materials provided by TalentsTracker hereunder, to any country for which Germany or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable German export laws and regulations.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the TalentsTracker Services by any authority.
You agree that a breach or a threatened breach of these Terms will cause injury to TalentsTracker for which money damages will not provide an adequate remedy and TalentsTracker will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Please direct questions regarding these Terms to jantje (at) talentstracker.com with “Terms of Service” in the subject line.
You can also send us physical mail to:
ENABLEAN Consulting GmbH & Co.KG
Heisfelder Str. 263