Talent Bases

Terms of Service

Terms of Use

 

This online talent management database and website available and accessible at (“Site”)is controlled and operated by Talentbases Ltd (“Talentbases”, “Us”, “We” or “Our”), a company registered in England and Wales under company number 075535992 with its registered office at Evolution House, Iceni Court, Delft Way, Norwich NR6 6BB.

 

1. YOUR ACCEPTANCE OF THE TERMS OF USE 

 

1.1 You must be aged 18 or over and have the right to reside and work in the UK to register on or use the Site.

1.2 Please read these Site terms of use (“Terms of Use”) carefully before you start to use the Site. By using the Site, you accept these Terms of Use and agree to be bound by them. Please note that these Terms of Use are in addition to the  Privacy Policy  for the Site. If you do not agree to these Terms of Use and the Privacy Policy, please do not use the Site.

1.3 We reserve the right to revise these Terms of Use at any time by amending this page. Please check this page from time to time as it is your responsibility to refer to and comply with such terms on accessing the Site and your continued use of the Site constitutes your acceptance of any revisions.

1.4 We do not guarantee that Our Site will available to and accessible by You 100% of the time.

1.5 These Terms of Use were last updated on 28 July 2016.

1.6 In addition to paragraphs 1 – 5:

Section A will apply to freelancers, permanent full time and part time employees, interns, work experience applicants and trainees who submit information to this Site (“Freelancers”); and

Section B will apply to entities engaged in the business of film, television, training, online and other digital content production and sharing, advertising roles and accessing Your Information on the Site (“Partner Companies”).

For avoidance of doubt, professional recruitment companies shall not be entitled to use the Site and therefore shall not be Partner Companies.

 

2. MATERIALS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

 

All information, materials, copyright, trademarks, brands, images and other intellectual property rights in the Site (including the design and "look and feel") and all content supplied by Talentbases as part of the Site (“Materials”) shall remain at all times the property of Talentbases, its licensors, or Partner Companies and may not be copied, reproduced, republished, downloaded, transmitted, appropriated or used in any in any way without the written permission of Talentbases or its licensors.

 

 3. USE OF THE SITE 

 

3.1 Your use of the Site is to be for lawful purposes only and for the relevant purposes listed in Section A and Section B of these Terms of Use. Your use of  the Site does not oblige any of the Partner Companies to consider you for any available roles.

3.2 Any use of the Site in a manner which infringes the rights of Talentbases and/or any other third party or restricts or inhibits the use and enjoyment of the Site is unlawful. Such unlawful activity includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content.

3.3 You must not:

(a)   misuse Our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(b)   attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site; or

(c)    use any Materials on, or link to any Materials from, any other website or networked computer environment

 

4. LINKS FROM THE SITE

 

Some hyperlinks contained in this site may lead to websites, which are not under the control of Talentbases (“Third-Party Sites”). Talentbases has no control over and accepts no responsibility or liability in respect of the material on any such Third-Party Site. When visiting Third-Party Sites, whether via a link from the Site, or otherwise, your access and use of such Third-Party Sites will be governed by the rules, policies and guidelines of such Third-Party Sites.


5. CONTACT US

 

To contact us, please email [email protected]

 

SECTION A –TERMS APPLICABLE TO FRELANCERS


6. USE OF THE SITE

 

6.1 In accessing the Site and any materials on it, you agree that you do so only for your own personal, non-commercial use for information purposes only. 

6.2 Your use of the Site is to be for lawful purposes only and for the purposes of uploading your CV, job and covering letter application details, and your personal data (“Your Information”) making a job application and adding or amending Your Information requested as part of the Site. By uploading Your Information you grant Talentbases permission to edit and modify your CV for reasons connected to the Site and the Partner Companies the right to view, make copies and store of Your Information.

 

7. LIMITATION OF LIABILITY

 

7.1 The Materials displayed on the Site are provided “as is”. To the extent permitted by applicable law, We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the published material on this Site. We reserve the right to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products or other information described in the Site at any time without notice. To the fullest extent permissible by law, neither Talentbases nor the Partner Companies will be liable for any such errors or omissions.

7.2 Talentbases does not warrant that the functions contained in, and availability of, the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs and shall not be liable in this respect. Furthermore, Talentbases may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice or liability.

7.3 Neither we nor the Partner Companies will be liable to any Freelancers for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

a)     use of, or inability to use, the Site; or

b)     use of or reliance on any content displayed on the Site.

7.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any  linked to it. 
7.5 Nothing in the Terms of Use excludes or limits Talentbases’ or the Partner Companies’ liability for death or personal injury caused by the negligence or 
fraud or fraudulent misrepresentation, of Talentbases or the Partner Companies as applicable, or any other liability that cannot be excluded or limited by law.

 

8. INDEMNITY

 

You agree to indemnify and keep indemnified Talentbases from and against all claims, damages, expenses, costs and liabilities, including reasonable legal fees, resulting from your breach of any of the provisions of these Terms of Use and/or arising in any manner from your entry to and use of the Site.

 


9. USER WARRANTIES AND AGREEMENT

 

a) by registering on the Site you hereby warrant, agree, acknowledge and undertake to Talentbases  that all of Your Information that you submit onto the Site is accurate, up to date and not misleading;

b) you have answered all of the questions in the Site honestly and accurately; and

c) you confirm that you have not misled or attempted to mislead Talentbases in any way as to your identity or experience or career history or in any other way.

 

If any of Your Information which you have submitted is found to be false, Talentbases and the Partner Companies will be entitled to exclude you from any recruitment process and the continued use of the Site.

 

SECTION B – TERMS APPLICABLE TO PARTNER COMPANIES


10. USE OF THE SITE BY PARTNER COMPANIES

 

10.1 Use of the Site by Partner Companies and their representatives is permitted for lawful purposes only and for the purposes of finding, making contact with and recruiting Freelancers to the Partner Company (such purposes being the “Permitted Purpose”).

10.2 In exchange for payment of the fees charged by Talentbases, Talentbases shall provide the following services to Partner Companies:

·         access to the Site for the Permitted Purpose;

·         a licence to use Talentbases owned or licensed IPRs comprised in the Site for the Permitted Purpose; and

·         hosting of information submitted by the Partner Companies onto the Site.

 

11. CONFIDENTIAL INFORMATION

 

Except as required by law,  Talentbases and Partner Company shall procure that all confidential information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) in accordance with these Terms of Use or which may at any time until termination of the relationship between the Parties come into such other Party's knowledge, possession or control shall not be used for any purposes other than those required or permitted by these Terms of Use and shall remain confidential and shall not be disclosed to any third party except insofar as this may be required for the proper operation of accessing the Site for the Permitted Purpose and then only under appropriate confidentiality provisions approved by such other Party. These obligations of confidentiality shall cease to apply to any particular item of confidential information once it becomes public knowledge other than by any act or default of either Party. For the avoidance of doubt, this clause shall not restrict the publication on the Site of job descriptions which are posted by the recruiting Partner Company onto the Site for viewing by the Freelancers.

 

12. USE OF FREELANCER DATA

 

12.1 Partner Company’s access to Freelancers’ CV, job and covering letter application details, and personal data (“Freelancer Personal Data”) will be restricted to those Freelancers who have specifically indicated a preference to share their Freelancer Personal Data (e.g. a CV or a diversity form) with the Partner Company as part of the account creation and CV submission process.

12.2 Talentbases and the Partner Company agree to use Freelancer Personal Data for recruitment and diversity monitoring purposes only.

12.3 Talentbases and the Partner Company acknowledge that the Site is for the exclusive use of Partner Companies and Freelancers for the purposes set out in these Terms of Use only.

12.4 Talentbases and the Partner Company agree not to share any Freelancer Personal Data with any unauthorised third parties. Talentbases and the Partner Company acknowledge that Freelancer Personal Data may contain sensitive personal data, which data cannot be shared with third parties without the express consent of the Freelancer.

12.5 Talentbases and the Partner Company will ensure that their use of the Site is in compliance with prevailing privacy laws. This includes, but is not limited to:

(i)  having the necessary data protection notification in place with the prevailing data protection authority to cover the use of Freelancer Personal Data for recruitment purposes;

(ii)    taking due care in selection and training of staff with access to Freelancer Personal Data; and

(iii) maintaining appropriate technical and operational security for all Freelancer Personal Data, whether accessible on the Site, on Partner Company’s systems, or retained in hard copy form by Partner Company.

12.6 Partner Company acknowledges that Freelancers may request that their Freelancer Personal Data be removed from the Site or that access thereto be limited to a select number of Partner Companies. If a Freelancer’s CV and/or other Freelancer Personal Data is no longer available to Partner Company, Partner Company agrees not to contact or otherwise process such data, unless Partner Company has received such data outside of the Site and Partner Company’s possession and use of such data is in accordance with applicable data protection and privacy laws, regulations, instruments or codes of practice.  

12.7 Aside from notes compiled by Partner Company in relation to Freelancers on the Site, Talentbases and the Partner Company agree to only process Freelancer Personal Data on the Site which has been submitted to Talentbases via the account creation and CV submission process.  Therefore, Partner Company is prohibited from uploading any Freelancer Personal Data on behalf of a Freelancer without his/her consent.  All CV uploads must be consistent with the sign up process.  For the avoidance of doubt, this will not preclude Partner Company viewing Freelancer Personal Data on its own system or in hard copy printed form.

12.8 Talentbases and the Partner Company agree to make each other aware of any data security breach, which may affect any Freelancer Personal Data, regardless of whether such data is retained on the Site, on Partner Company’s systems and/or separately in hard copy files, as soon as they become aware of said breach. Talentbases and the Partner Company agree to work together to remedy said breach and comply with prevailing privacy law requirements in relation to said data, as soon as practicably possible.

12.9 To use the Talentbases Site as a partner Company a separate contract agreement is required. This can be arranged by contacting Talentbases via the Companies button on the Talentbases home page.

 

13. GOVERNING LAW

 

These Terms of Use shall be governed by and construed in accordance with the laws of England and subject to the exclusive jurisdiction of the English courts.

 

14. MISCELLANEOUS

 

14.1 Talentbases reserves the right to modify, discontinue or restrict access to, temporarily or permanently, all or any part of the Site with or without notice, in particular for reasons of force majeure.

14.2 No provision of these Terms of Use is intended to confer a benefit on or to be enforceable by, any person who is not a party to these Terms of Use.

14.3 If any of the provisions of these Terms of Use are judged to be illegal or unenforceable, to the extent permitted by law, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

14.4 Talentbases and the Partner Company are independent contractors and neither is agent for the other, nor has any authority to make any contract, whether expressly or by implication, in the name of the other, without such other’s prior written consent for express purposes connected with these Terms of Use.

14.5 No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.