Terms of Use
| 1. | Introduction | ||||
| This website www.talentklub.com (the “Website”) is owned and operated by TalentKlub FZ LLC, a free zone company duly incorporated in Creative City, Fujairah, United Arab Emirates (“we”, “us” or “our”). References to “you”, “User”, “your” and “yours” are references to the person(s) accessing the Website. | |||||
| 2. | Access to the Website | ||||
| 2.1 | By accessing the Website, you agree to comply with these terms of use and our Privacy Policy (together, our “Legal Terms“). If you do not agree to our Legal Terms, do not access, view or otherwise use the Website or register as a User | ||||
| 2.2 | You are responsible for your internet connection to access the Website. | ||||
| 2.3 | You may only use the Website for lawful purposes. You must not use the Website: | ||||
| 2.3.1 | In any way that is unlawful abusive, libellous, obscene, threatening or is otherwise prohibited by our Legal Terms or the applicable laws; | ||||
| 2.3.2 | To harm or attempt to harm minors in any way; | ||||
| 2.3.3 | To send, knowingly receive, upload, download, use or re-use any material which is in breach of our Legal Terms or the applicable laws; or | ||||
| 2.3.4 | Transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (“Spam“). | ||||
| 2.4 | While we will endeavour to ensure that the Website is available twenty-four (24) hours a day, access to the Website may be suspended temporarily and without notice including, without limitation, due to a system failure, maintenance, repair, force majeure event taking place or for reasons beyond our control. You agree that we shall not be liable if for any reason the Website is unavailable at any time or for any period. | ||||
| 2.5 | We reserve all rights to deny or restrict your access to the Website, whether temporarily or permanently, at any time and without any liability, without ascribing any reasons whatsoever. | ||||
| 3. | Scope of the Website | ||||
| 3.1 | The Website provides information to facilitate potential employers (the “Employers”) and individuals looking for employment opportunities (the “Candidates”) in various industry sectors. The Candidates may use the Website to upload their data and/or resume for us to assist them with appropriate employment opportunities. The Employers may use the Website to register with us for us to assist them with recruiting the Candidates. | ||||
| 3.2 | We may require you to agree to additional terms and conditions in respect of any assistance provided by us to you in connection with any employment opportunities. | ||||
| 3.3 | No contractual obligations are created between the Employers and the Candidates by merely using the Website. | ||||
| 3.4 | You must be at least 21 years old in order to access the Website. If you are under 21 years of age, your parent or legal guardian must agree to our Legal terms on your behalf. | ||||
| 3.5 | If you are a Candidate, any information (personal, academic etc.) submitted by you through the website must be correct and truthful. | ||||
| 3.6 | You must not use the Website to send chain emails or Spam or to send, use or re-use any material which: | ||||
| 3.6.1 | Is unlawful, threatening, abusive, libellous or indecent; | ||||
| 3.6.2 | Infringes copyright or any other legal right; or | ||||
| 3.6.3 | Contains any other form of illegal content. | ||||
| 4. | Communication guidelines | ||||
| 4.1 | We reserve the right to access and review any of your communication on the Website, where permitted by the applicable laws, to ensure compliance with the relevant laws and appropriate online behaviour. | ||||
| 4.2 | We do not allow anyone to use the Website for any marketing or promotional purposes (unless otherwise agreed in writing), or communications of any type soliciting business from our direct or indirect competitors. | ||||
| 4.3 | You are required to communicate in a professional and respectful manner. The following activities are strictly prohibited on the Website: | ||||
| 4.3.1 | Use of any abusive or offensive language. | ||||
| 4.3.2 | Any discussions of political, discriminative, threatening, sexual or of religious nature. | ||||
| 4.3.3 | Any other inappropriate behaviour which violates our Legal Terms. | ||||
| 5. | Information and Instructions | ||||
| 5.1 | We are not a partner, owner, member, operator, director, and have no ownership interest whatsoever in any Employer and/or Candidate. By agreeing to our Legal Terms, there shall be no joint venture between us and any of the User(s) of the Website. | ||||
| 5.2 | We may request you to provide us with your feedback in relation to our services and may publish such feedback on the Website with your prior written consent. | ||||
| 6. | Your Use of Content and Website Links | ||||
| 6.1 | All content and material on the Website other than User-Generated Content (“Our Content“) belongs either to us or our licensors and is protected by worldwide copyright laws. | ||||
| 6.2 | Unless expressly stated otherwise, you may: | ||||
| 6.2.1 | Only use Our Content for your personal, non-commercial use; | ||||
| 6.2.2 | Not copy, reproduce, republish, upload, post, transmit or distribute any of Our Content; and | ||||
| 6.2.3 | Not, without our prior written permission: | ||||
| 6.2.3.1 | Redistribute any of Our Content (for example by using it as part of any library, archive or similar service); | ||||
| 6.2.3.2 | Remove any copyright or trademark notice from Our Content; or | ||||
| 6.2.3.3 | Create any database by downloading and storing any of Our Content. | ||||
| 6.3 | You shall not create any link from or to any Website without our prior written consent. | ||||
| 6.4 | Content from a third-party provider available on or through the Website may not be duplicated, distributed, published, transferred, transmitted, copied, altered, sold, used to create derivative works or otherwise misused. | ||||
| 6.5 | You agree that any rights not expressly granted in our Legal Terms are reserved. | ||||
| 6.6 | If you breach any of the provisions in our Legal Terms, your permission to use the Website and your license to use Our Content automatically terminates and you must immediately delete or destroy any downloaded or printed extracts of Our Content from the Website. | ||||
| 7. | Uploading on the Website | ||||
| You must comply with the content standards set out in our acceptable use policy when uploading any material to the Website. You will indemnify us against uploading any material to the Website that is carried out in breach of this clause. | |||||
| 8. | Viruses, Hacking and Other Offences | ||||
| 8.1 | You must not: | ||||
| 8.1.1 | Misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; | ||||
| 8.1.2 | Attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; or | ||||
| 8.1.3 | Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. | ||||
| 8.2 | Any breach of this clause 8 immediately ends your right to access this Website and is a criminal offence which we will report to the relevant law enforcement authorities and co-operate with them by disclosing your identity in accordance with the applicable laws. | ||||
| 8.3 | We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to the Website or to your downloading of any material that is posted on the Website, or on any website linked to it. | ||||
| 9. | Third-Party Websites | ||||
| 9.1 | The Website may contain links to other Websites or websites provided by independent third parties (“Third Party Website“), either directly or through frames. Where possible, we will make clear such links that are being made, although Third Party Website may be co-branded with us and so include our trademarks. We are not responsible for the availability or content of Third Party Website and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Website. In particular, if you use links from the Website to an authorized connected Website which is not operated by us to download software or any other material, file, image or data from the Third Party Site, you acknowledge and agree that we have no responsibility or liability in connection with it. | ||||
| 9.2 | We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or Third Party Website or pages linked to the Website. If any hyperlinks to downloadable software Website is included on the Website, these are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software. | ||||
| 9.3 | We make no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used in connection with the Website. | ||||
| 10. | Advertising and Sponsorship | ||||
| 10.1 | Part of the Website may contain advertising and sponsorship by any third parties. Additional terms and conditions may apply to such advertising and sponsorship by any third parties. Any advertisers and sponsors are responsible for ensuring that material submitted for inclusion on it complies with applicable laws. We are not responsible to you for any error or inaccuracy in the advertising material. | ||||
| 10.2 | If you are using the Website for advertising or sponsorship, you give us a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to (i) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), trademarks and other trade names through the Website; and (ii) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the content provided by you and anything we may make with the content through the Website. We are not required to host, display, or distribute any of the content provided by you and we may refuse to accept or transmit such content and may remove or delete all or any portion of the content from the Website at our sole discretion without any liability to you. By submitting any advertising, you hereby represent and warrant that you own all rights to give us the license described above. You represent and warrant that your advertising and sponsorship will not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. | ||||
| 10.3 | You understand that when using the Website, you will be exposed to content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not our responsibility. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. | ||||
| 11. | No Offer | ||||
| Information or opinions provided by us or through a third party on the Website does not constitute an offer to sell or solicit any offer to buy any goods or services. | |||||
| 12. | Changes to the Legal Terms | ||||
| We may make changes to any Website or the Legal Terms from time to time without notice. You should review the Legal Terms of Use regularly to ensure that you are aware of any changes we make. By continuing to use the Website, you are agreeing now to be bound by future changes. | |||||
| 13. | Disclaimers | ||||
| 13.1 | YOU UNDERSTAND THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF ANY CONTENT ON THE WEBSITE MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. PLEASE BE ADVISED THAT WE DO NOT GUARANTEE THAT ANY INFORMATION SENT TO OR FROM THE WEBSITE WILL BE SECURE DURING TRANSMISSION, NOR CAN WE GUARANTEE THE CONFIDENTIALITY OF ANY COMMUNICATION OR MATERIAL TRANSMITTED TO US VIA THE WEBSITE OR THE INTERNET, INCLUDING, FOR EXAMPLE, PERSONAL INFORMATION SUCH AS YOUR NAME OR ADDRESS. COMPANY RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITIES OF THE WEBSITE. | ||||
| 13.2 | WE ASSUME NO RESPONSIBILITY FOR (A) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION; (B) ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO YOU OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE; AND (C) ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. | ||||
| 13.3 | THE CONTENT OF THE WEBSITE IS DISTRIBUTED TO YOU WITHOUT ANY WARRANTY OF ANY KIND. WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND OUR CONTENT. | ||||
| 13.4 | INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN RESPECT OF SUCH INFORMATION WHETHER IN RESPECT OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT IS ASSUMED SOLELY BY YOU. | ||||
| 13.5 | YOU WILL USE THE SERVICES OFFERED ON THE WEBSITE AT YOUR OWN RISK AND WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES THAT YOU MAY SUFFER AS A RESULT OF THE USE OF THE SERVICES PROVIDED BY US OR ANY THIRD PARTY. | ||||
| 13.6 | WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS: | ||||
| 13.6.1 | MAKE NO EXPRESS OR IMPLIED CONDITION, WARRANTY, REPRESENTATION OR UNDERTAKING AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF OUR CONTENT AND THE INFORMATION, MATERIAL, SERVICES OR THE ERROR-FREE USE OF THE WEBSITE. OUR CONTENT AND THE INFORMATION, MATERIAL, SERVICES OUTLINED IN THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK; AND | ||||
| 13.6 | DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. | ||||
| 14. | Limitation of Liability | ||||
| 14.1 | Our Content and any User-Generated Content is for your general information and use only and is not intended to address your particular requirements. While we aim to update the Website regularly, any of Our Content or User-Generated Content may be out of date and we assume no responsibility for updating it. In particular, Our Content and any User-Generated Content does not constitute any form of advice, recommendation or arrangement to you by us and is not intended to be relied upon by you in making (or not making) any particular decision. | ||||
| 14.2 | We have no liability to you because of: | ||||
| 14.2.1 | Any arrangement or agreement made between the Employers and Candidates, which was made at their sole risk and responsibility; and |
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| 14.2.2 | Any Candidate joining an Employer and resigning from his/her position to join another Employer; and | ||||
| 14.2.3 | Any reliance you placed on Our Content or User-Generated Content. | ||||
| 14.3 | Because of the number of sources from which we obtain Our Content and User-Generated Content and the nature of electronic distribution via the internet, we do not give any warranties in respect of the Website. In particular, the Website is provided on an “as is” basis. We disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, we do not warrant that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. | ||||
| 14.4 | To the fullest extent allowed by applicable law, you agree that we will not be liable to you and/or any third party for any consequential or incidental damages, including loss of business, income or revenue, lost profits or contracts, loss of data, privacy or goodwill, reputation, expectation, opportunity, loss arising out of or in connection with wasted management or office time, failure to meet any duty including but not limited to any duty of good faith or any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Website or any breach of our Legal Terms by us, even if we have been advised of the possibility of such damages. | ||||
| 14.5 | You agree to fully indemnify, defend and hold us and our affiliates, and their respective officers, directors, owners, agents, information providers and copyright owners from and against any and all claims, losses, costs and expenses (including attorneys’ fees) incurred by any such party in connection with any claim arising from your use of or connection to the Website, or from any breach by you of these Legal Terms. | ||||
| 14.6 | We will not be liable for any direct, indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses or other claims for consequential compensation whatsoever (and howsoever) caused, including | ||||
| 15. | Written communications | ||||
| 15.1 | We may be required to send certain information or communications to you in writing to comply with the relevant laws. Your communication with us will be by email and you agree that such communication will comply with the applicable legal requirements. | ||||
| 15.2 | You must send us all your notices by email to info@talentklub.com, delivery of which shall be deemed on completion of 24 hours after an email has been sent. | ||||
| 16. | Intellectual Property Rights | ||||
| 16.1 | We are either the owners or the licensees of the entire intellectual property rights in the Website and in the materials that form part of the Website, except for such materials that are contributed to the Website by the users. We reserve all rights in and to such intellectual property rights and the Website. You hereby agree and undertake to not engage in the use, copying, or distributing any content contained within the Website unless we have given you express written permission to do so. | ||||
| 16.2 | You will not (i) modify, translate, create or attempt to create derivative copies of or copy of the Website or any software used on the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Website or any software used on the Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Website or any software used on the Website. | ||||
| 16.3 | You warrant that you have the right or license to use the intellectual property rights in the information and data provided by you on the Website. | ||||
| 16.4 | You hereby agree to indemnify us against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of your information, job openings, and all other information and material provided by you to us. | ||||
| 17. | Additional services | ||||
| From time to time, we may offer any new or additional services through the Website. Your use of such services shall be subject to our Legal Terms as well as any additional terms and conditions which you will comply with. | |||||
| 18. | News by E-Mail | ||||
| We may give you the option to subscribe to any e-mail news service so that your use of any information received in this manner will be subject to our Legal Terms. | |||||
| 19. | Privacy Policy | ||||
| 19.1 | The personal information that you provide to us will only be used by us in accordance with our Privacy Policy. Our Privacy Policy does not apply to Third-Party websites. | ||||
| 19.2 | Our Privacy Policy is hereby incorporated into these Legal Terms as though fully set forth herein. By agreeing to these Legal Terms you also give your consent to the way we handle your personal information under that Privacy Policy. | ||||
| 20. | General | ||||
| 20.1 | You may not assign, sub-license or otherwise transfer any of the rights under our Legal Terms. | ||||
| 20.2 | If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in full force and effect. | ||||
| 20.3 | Failure by either us or you to exercise any right or remedy under our Legal Terms does not constitute a waiver of that right or remedy. | ||||
| 20.4 | Headings in our Legal Terms are for convenience only and have no legal effect. | ||||
| 21. | Law and Jurisdiction | ||||
| Our Legal Terms are governed by and construed in accordance with, the laws of the United Arab Emirates applicable in Fujairah. The parties submit to the jurisdiction of the Courts of Fujairah in connection with any disputes arising under these Legal Terms. | |||||
| 22. | Entire Agreement | ||||
| Our Legal Terms represent the entire understanding and agreement between us and you concerning your use of the Website. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by these Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in our Legal Terms. | |||||
| 23. | Force Majeure | ||||
| You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, Acts of God, war (declared or undeclared), insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event of any nature beyond our control. | |||||
| 24. | Assignment | ||||
| You shall not sell, transfer, or assign your rights and/or obligations under our Legal Terms to any other party without our prior written consent. You agree that we may assign our rights and/or obligations under our Legal Terms to any other party at our sole discretion. | |||||
| 25. | Contact Us | ||||
| Any queries or comments about the Website or these Legal Terms should be directed via email to info@talentklub.com.
24th of August 2020 |
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