These Terms of Use outline the terms and conditions under which you can use the EPCglobal web site ("Site") and services ("Services") offered by Talascend Limited, operating as EPCglobal ("EPCglobal"). Please read these terms of use carefully. Use of the Site or Services shall constitute your acceptance of these Terms of Use and the Privacy Policy. Should you choose to register, you may also be asked to accept our Terms of Business. These terms may be amended by EPCglobal from time to time and it is your responsibility to keep up with any changes. If you do not wish to accept this responsibility, you should not use the site.
1. Definitions
References to "we," "us," or "our" mean
EPCglobal. References to "you," "your," and "User" mean
you and any individual or entity using the Site or Services on your
behalf or via your account (with or without your consent). References
to "affiliates" means the employees, directors, shareholders,
partners, advertisers, licensors, linked third party sites, content
providers, contractors, customers (including users), successors,
heirs, assigns, affiliates, subsidiaries, and parent companies of
the applicable party. References to "other users" means
other users or partners of the Site or Services, including but not
limited to advertisers, partners, linked third party sites, and registered
users (including job seekers, employers, and recruiters). References
to the "Content" mean all materials contained in the Site
or Services, including but not limited to text, graphics, logos,
links, and software, as well as the information and materials contributed
by other users of the Site or Services. References to "postings" mean
the user's provision of information to the Site. References to "Privacy
Policy" mean the terms regarding use of your information set
forth in the Privacy Policy, which you should review and may be reached
by clicking here. References to "Terms of Business" mean
any additional business terms that you agreed to as part of the registration
process.
2. Use of the Site or Services
The Site may be accessed and used only for lawful purposes and for
the user's personal or internal business use. Individuals may use
the Site or Services to obtain information regarding employment
opportunities and career choices and to make information about
themselves (including their resumes or CVs) available to employers and recruiters.
Employers who become our Clients may use the Site or Services to
post information about and seek employees for direct hire, temporary,
and contract positions. Recruiting or Staffing Agencies who become
our Staffing Partners may use the Site or Services to search for
open positions and submit relevant candidates, as well as to track
the progress of submitted candidates and communicate with those
candidates' potential employers on their behalf. All other use
of the Site or Services is strictly prohibited. Only you and your
authorized users may access or use the Site or Services. You may
not allow a third party to use the Site or Services, or access
or reproduce the Content, via your account. You may not use the
Site or Services to seek employment unless you are of legal age
to be employed, and your use constitutes your warranty of that
eligibility. Please consult the Privacy Policy for further information
regarding the definition of "authorized users".
If you see a job opportunity or resume/CV that you wish to investigate further, you will make every effort to use the Site to facilitate the transaction, including but not limited to initiating contact via the Site. If you cannot use the Site or Services for any reason, you agree to notify and cooperate with us to complete the transaction. Failure to use the Site or Services to facilitate a transaction shall not affect your duty to pay any fees due to us in connection with that transaction
3. Limitations on Use
You may not do or attempt to do any of the following:
a. Post or otherwise provide incomplete, inaccurate, or out of date
information or any materials that violate any law, infringe personal
or proprietary rights, or otherwise cause embarrassment, harm or
offense to us, our affiliates, or any third party, including but
not limited to obscene, racist, sexist, abusive, offensive, harassing,
libelous, tortuous, confidential, or infringing materials;
b. Reverse engineer, disassemble, decompile, or otherwise decipher
any of the software (including HTML code) contained in the Site or
used in connection with the Services, use or reproduce the Content
or any underlying information or ideas contained therein without
our prior written authorization, frame or link to any page of the
Site or Content without our prior written authorization, test or
violate the security systems of the Site, or take any action that
might impair, damage, or forfeit any of our or our affiliates' intellectual
property rights in the Content, Site, or Services;
c. Perform any act or omission which would damage the Site, impair
its operation, overload its facilities, or impose a burden on the
Site's infrastructure beyond that which would be imposed by normal
use, including but not limited to introducing any viruses, worms,
cancelbots, disabling agents, or Trojan horses into the Site, or
using spiders, avatars, robots, or intelligent agents to search or
navigate the Site;
d. Use any software, agent, tool, or other device to search or navigate
the Site other than those provided on the Site or generally available
third party web browsers (such as Netscape Navigator and Microsoft
Explorer);
e. Allow any third party to gain access to any password of yours
which permits access to nonpublic areas of the Site or Services;
f. Sell, license, assign or otherwise transfer any of your rights
and obligations hereunder or under any other agreement with EPCglobal;
g. Use the Site or Services for any unauthorized or unlawful purpose
or in any manner not consistent with the uses contemplated hereunder
and the provisions hereof, including but not limited to (i) use for
or in connection with any unlawful, improper, or harmful purpose
or activity, (ii) posting any information or material concerning
business opportunities (including but not limited to franchise or
distributorship opportunities) or any other matters except the employment-related
activities for which the site was designed, (iii) use to obtain unauthorized
access to any other server, account, or network, or (iv) unauthorized
commercial use.
h. Access another user's account or delete, augment, or amend the
information contained therein or interfere with access to the Site
or another user's account;
i. Impersonate or otherwise assume the identity or use the personal
or contact information (including but not limited to email address)
or user name and password of any person or entity, or forge any TCP/IP
packet header or any part of the header information of any email
or newsgroup posting;
j. Perform any act or omission in connection with or directly or
indirectly resulting from your use of the Site or Services which
could or does cause harm to the business or reputation of EPCglobal,
our affiliates or other users of the Site or Services, or cause EPCglobal
to incur liability to any of our affiliates or a third party;
k. Use the Site or information gained from Content to contact or
send unsolicited communications (including via email) to a user or
any other person or entity, including without limitation, junk mail,
spam, or any offensive, sexually explicit, harassing, libelous, infringing,
threatening, or otherwise objectionable email or other communications;
or
l. Use any information regarding any individual or entity obtained
from the Site or Services, for any purpose other than the employment-related
transactions contemplated herein.
4. Your Information
You are solely responsible for the form and content of all information
provided by you in connection with the Site or Services. You warrant
that all such information will be accurate, timely, complete, and
will not infringe on the personal or proprietary rights of others.
You agree to promptly update and/or correct any information that
is or becomes inaccurate, incomplete, or infringing.
We will not delete, monitor, or edit the contents of your postings or other communications on the Site except based on a good faith belief that such action is necessary or desirable to (i) comply with any applicable law or administrative or judicial order, (ii) protect the safety or rights of our users or others, (iii) carry out maintenance or improvement to the Site or Services, (iv) protect the financial well-being, reputation, or intellectual property of the Site, Services, EPCglobal or our affiliates, or (v) ensure that postings are acceptable to us (in form, content, and quality), as determined in our sole discretion, including but not limited to our determination that a posting is unlawful, inaccurate, incomplete, offensive, disruptive, inappropriate, or unacceptable for any reason. We will notify you of such removal and offer you the opportunity to amend the posting in a manner that we find acceptable (if that is possible). Until such amendment, the posting will not be reinstated. In no event will EPCglobal or our affiliates be liable for any damages of any kind or nature beyond a refund of any fee paid for the posting, in connection with its removal of a posting.
If you notify us that you believe that any other user's posting violates these Terms of Use, we may choose to investigate the claim and determine (in our sole discretion) whether to remove or edit the affected posting. We have no obligation to you or any other user to perform this monitoring, editing, or removal.
By submitting information, suggestions, or other content to any public or non-public area of the Site, you grant us and our affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), nonexclusive license to use, reproduce, modify, publish, perform, display, distribute, and create derivative works and compilations from or including such information or content in any media or technology now known or hereafter discovered. Without limiting the foregoing, you license (i) any user to access, display, view, store and reproduce such content for personal use or internal business purposes, and (ii) EPCglobal to modify, adopt, and implement any suggestion or comment you may provide us regarding the Site or Services.
Additionally, if you post your resume/CV, you agree to: (i) have that resume/CV submitted, as is and with no modifications by EPCglobal, to potential employers or recruiters who have posted positions that might match your requirements. (ii) be contacted by us, potential employers or recruiters concerning your availability, qualifications, and other relevant issues, (iii) have any information provided in your CV or profile verified for accuracy, (iv) if lawfully requested to do so by the potential employer, undergo a criminal background check, and (v) provide and permit the verification and interview of employment references.
Our use and disclosure of the information you provide is discussed in our Privacy Policy. By agreeing to these Terms of Use, you are also agreeing to the terms of our Privacy Policy (which, like these Terms of Use, may be modified by EPCglobal from time to time). In addition to and without limiting the provisions of that policy, you agree that we may (i) disclose to third parties aggregate information (not identifying specific users) resulting from information that you provide, (ii) offer third party goods and services to you, or permit third parties to do so, based on the information you provide, and (iii) disclose information you provide if so ordered by a governmental entity (including but not limited to law enforcement agencies) or judicial or administrative ruling or order. Please consult the Privacy Policy for further information regarding our use your information. (If you have not read the Privacy Policy, please do so by clicking here.)
5. Secure Areas and Your Password
Only registered users with the appropriate authorization and passwords
may enter restricted areas of the Site. You are responsible for
any and all uses of your registration and account, whether or not
you have authorized such use. You will notify us immediately of
any breach of the confidentiality or unauthorized use of your registration,
account, or password.
While we respect your privacy, your account may be accessed by us and designated third parties under certain circumstances. Details regarding such access are set forth in the Privacy Policy.
6. Other Users, Their Information and Conduct
Although we strive to ensure the accuracy of all information we provide,
we cannot ensure the accuracy, completeness, or timeliness of the
information posted by our other users, nor the accuracy of their
stated identities. We act as a passive conduit for the publication
and distribution of user-provided information and communications
and have no obligation to screen or monitor such materials. Likewise,
while we request that our users abide by all applicable laws and
accepted social conventions in their dealings with each other,
we cannot ensure that they comply with this request. Therefore,
we do not warrant and must disclaim all responsibility and liability
for any and all aspects of information provided, identity claimed,
or conduct evinced by the users of the Site or Services. We expect
you to exercise caution, prudence, and good judgment in your dealings
with other users of the Site or Services. There are risks, including
physical harm, associated with dealing with strangers. You assume
all responsibility for your decisions in this regard and any consequences
thereof.
7. Release of Liability for Third Party Actions
EPCglobal is a staffing agency that has created the Site to serve
as a forum for candidates to post their resumes, employers to create
and post job openings, and recruiters to submit candidates for
posted job openings. We do not review or verify the job openings,
candidate profiles, or CVs posted on the Site nor can we control
the information provided or actions taken by our users, advertisers,
and linked sites. Therefore, we cannot assume responsibility or
liability for the identity, information, or conduct of these parties,
nor for the quality, nature, compensation, safety, and legality
of the services or employment (including working conditions) offered
by users or third parties via the Site or Services.
Accordingly, you release us and our affiliates (other than the offending
third party) from any and all liability, claims, demands, damages,
and costs of any kind or nature directly or indirectly arising from
or related to any dispute or conflict with another user ("Released
Claims"), regardless of whether such Released Claims are known
or unknown or suspected or unsuspected, whether they are based on
damages which are actual, consequential, punitive direct or indirect,
and whether they are grounded in actions based in contract, tort,
or any other legal theory or claim.
8. Use of Content
We (or our licensors) own all rights to the Content, which is protected
by domestic and international intellectual property laws, including
but not limited to copyright, patent, trademark, and trade secret
laws. Your right to use the Content is strictly limited to use
in connection with your authorized use of the Site or the Services
as permitted hereunder. You may not sell, license, reproduce, reverse
engineer, publicly display, distribute, or otherwise deal in and
with the Content for any public or commercial purpose. All rights
not expressly granted herein are reserved by EPCglobal and/or its
licensors.
9. No Endorsement
The Site may contain links to third party's web sites. These links
are provided only for your convenience. We do not endorse or warrant
the accuracy, completeness or any other aspect of these third party
web sites or the content or services provided thereon. You assume
all risks of any decision to access any such web sites or to use
or rely on any such content or services.
10. No Guarantee of Success
We do not warrant or guarantee that a resume or job posting will
be viewed or responded to by any minimum number of users - or any
users at all.
11. Compliance with Laws and Standards of Conduct
You agree to comply with all applicable laws and accepted social
conventions and standards of conduct in your dealings with other
users, whether directly or via the Site or Services.
12. Indemnity
You agree to indemnify, defend, and hold us and our affiliates harmless
from and against any and all liability, claims, actions, demands,
damages, or costs arising directly or indirectly from (i) your
actual or alleged breach of any of these Terms of Use, Privacy
Policy, or any other terms governing your use of any aspect of
the Site or Services, (ii) your violation of any law or regulation,
(iii) your infringement of any personal or proprietary right, or
(iv) any aspect or consequence of your use of the Site or the Services.
13. Termination
We are entitled to temporarily suspend or permanently terminate your
access to and use of the Site and Services (including removal of
any information or material you have posted on the Site) or any
portion thereof. Although in most cases, we will attempt to contact
you prior to such termination, such notice is not required and
any such termination shall take effect immediately and without
notice. Circumstances that may lead to such termination include
but are not limited to:
a. Your actual, alleged, attempted, or threatened breach of any of
these Terms of Use, the Privacy Policy, other terms of the Site or
Services, or any other obligation or duty to us, or our reasonable
suspicion thereof;
b. Our inability to verify information you have provided despite
providing you with 5 days email notice of such inability;
c. Your bankruptcy, liquidation, insolvency, receivership, administration,
failure to pay debts when due or cessation of carrying on business
in the ordinary course;
d. Our determination, in our sole discretion exercised in good faith,
that such action is necessary or desirable to protect us, our affiliates,
or any third party from any harm or legal liability;
e. Failure to access your account within a three-month time frame
f. Our reasonable suspicion of fraud, misuse of the Site or Services,
or other misconduct;
g. Delinquency in paying fees owed for the Site or Services;
h. Any order or demand of a governmental authority; or
i. For our convenience.
Upon any termination, you will promptly pay all sums (if any) previously
accrued but unpaid hereunder and destroy or delete all Content or
other materials provided to you for use of the Site or Services.
Suspension or termination of access to and use of the Site and Services
shall be in addition to any other remedies available to us at law
or equity. All provisions of these Terms of Use which by their terms
or nature survive termination shall continue until fully performed,
including but not limited to Sections 1 and 3-22 inclusive.
14. No Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DO
NOT MAKE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR
NATURE, EXPRESS OR IMPLIED. DISCLAIMED WARRANTIES INCLUDE BUT ARE
NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, (B) WARRANTIES REGARDING
THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT (INCLUDING
BUT NOT LIMITED TO INFORMATION CONCERNING OR CONTAINED IN USER IDENTITY,
POSTINGS, OR RESUMES/CVS, AND (C) WARRANTIES REGARDING THE OPERATION
OF THE SITE OR SERVICES, INCLUDING ITS OPERATIONS, RELIABILITY, AND
FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL MECHANISMS.
EPCglobal does not represent or warrant that the Content, Site or Services may be lawfully viewed, downloaded or used outside of the United Kingdom. If you perform any of the foregoing actions outside that nation, you assume all risks and will be responsible for compliance with all applicable laws and regulations.
15. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR LOSS OF PROFITS,
DATA OR EMPLOYMENT, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, OR
ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS
OF THE FORM OF ACTION (WHETHER TORT OR CONTRACT OR OTHERWISE) AND
REGARDLESS OF WHETHER WE OR OUR AFFILIATES HAVE BEEN WARNED OF
THE POSSIBILITY THEREOF.
Our maximum liability to you and your affiliates in connection with
the Site and Services shall be $1,000.00.
These limits on liability are a material basis of our ability to
offer you the ability to use the Site and Services at the current
pricing schedule and a condition of your right to use the Site or
Services.
16. Infringement Claims
If you believe any content (whether posted by us, our affiliates,
or other users), infringes any copyright owned by you, you will
notify us as soon as practical after you become aware of a possible
infringement. In making any such claim, you will provide us with
written notice that includes: (a) adequate and specific identification
of the works claimed to be infringed and the location on the Site
of the allegedly infringing materials; (b) a statement from the
copyright owner, asserting such infringement, (c) your contact
information, including your name, address, phone number, and email
address, and (d) a notarized statement certifying the accuracy
of the information you've provided and your status as the copyright
owner or your authorization to act on the copyright owner's behalf.
17. Force Majeure
We and our affiliates shall not be liable for any outage, disruption
or failure of the Site or Services, or any other loss, delay or
failure to perform resulting from any force majeure event, including
Acts of God, fire, natural disaster, sabotage, terrorism, civil
unrest, labor shortage or stoppage, delays in supplies, failures
or outages in telecommunications, utilities, or any other infrastructure
components, war or military hostilities, inability of carriers
to make scheduled deliveries, or any other act beyond our or our
affiliates' reasonable control.
18. No Partnership, Employment or Fiduciary Relationship
Your registration or use of the Site or Service shall in no event
give rise to a partnership, employment or fiduciary relationship
between you and EPCglobal or our affiliates. We shall not be responsible
for the acts or omissions of any user or any of our affiliates,
including any employment-related decisions, whether or not foreseeable.
19. Remedies
All remedies available to EPCglobal hereunder shall be cumulative
and in addition to any other remedies available hereunder or otherwise
at law or equity. Nothing contained herein shall be deemed to prohibit
or restrict EPCglobal from seeking equitable or interlocutory relief.
20. Governing Law and Venue
You agree that these Terms of Use and any dispute you may have with
EPCglobal related to the Site or Services shall be governed by
the laws of England and Wales, without regard to its conflicts
of laws provisions. Any such dispute must be brought in the English
courts located in City of London. You submit to the exclusive jurisdiction
of the English courts located in City of London.
21. Miscellaneous
These Terms of Use, the Privacy Policy, and any Terms of Business,
as they may be modified or augmented by any other terms posted
on applicable portions of the Site, constitute the entire agreement
between EPCglobal and you with respect to the Site and the Services.
Headings are for convenience only and shall not be used in construing
these Terms of Use. Any provision hereof which is prohibited or
unenforceable shall be ineffective but only to the extent of such
prohibition or unenforceability, without invalidating the remainder
of the provision or any other provision hereof. Our failure to
enforce any provision shall not be deemed a waiver of that breach
or any prior, concurrent or subsequent breach. Any waiver by EPCglobal
will be effective only if made in writing and signed by our authorized
representative. All notices shall be provided in accordance with
your Terms of Business.
22. Changes to the Terms of Use
EPCglobal may add, delete, or otherwise change these Terms of Use
the Privacy Policy or the Terms of Business, and any other terms
and conditions on the Site at any time by posting revised terms
on the Site. Unless stated otherwise, changes will become effective
immediately upon their posting. We will usually post a notice on
the home page of the site if we have revised the Terms of Use in
the past seven days; however, you should check the applicable areas
of the Site regularly to ensure you are apprised of any new changes.