Terms of Service

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General terms and conditions of business and use of the Candidate Tips or Human Core Limited Ltd

Last modified: 06.06.2015

The term “Candidate Tips or Human Core Limited” shall hereinafter refer to the contractual services of Candidate Tips or Human Core Limited Ltd and / or Candidate Tips or Human Core Limited Ltd itself.

The term “User” shall hereinafter refer to each user of one of the Candidate Tips or Human Core Limited webpages regardless of how they use the service.

 

Preamble

By registering as a User of Candidate Tips or Human Core Limited talent management you agree to the following terms and conditions for the use of Candidate Tips or Human Core Limited (hereinafter referred to as the “Terms and Conditions”).

Candidate Tips or Human Core Limited talent management operates the services of Candidate Tips or Human Core Limited under different top-level domains (TheTalentGene.com, etc.) as well as various sub-domains and aliases of these domains. All websites on which Candidate Tips or Human Core Limited talent management makes available the services of Candidate Tips or Human Core Limited are referred to in common hereinafter as the “Candidate Tips or Human Core Limited websites”. These Terms and Conditions govern the contractual relationship between the User and Candidate Tips or Human Core Limited, irrespective of which of the Candidate Tips or Human Core Limited sites the User registers with or logs into.

The User concludes the contract for the use of the services of Candidate Tips or Human Core Limited with Candidate Tips or Human Core Limited Ltd. All other current mandatory information and other information of Candidate Tips or Human Core Limited Ltd are as stated in the legal notice and the privacy policy on the website of Candidate Tips or Human Core Limited.

The User can view, download and/or print these Terms and Conditions at any time, even after conclusion of the contract, under the link to “Terms and Conditions” that appears on each of the Candidate Tips or Human Core Limited websites.

 

1. Subject matter

1.1. Candidate Tips or Human Core Limited talent management offers its Users a platform with various services. For this, Candidate Tips or Human Core Limited offers a specialised industrial online platform.

1.2. Any use of the services and content offered on the Candidate Tips or Human Core Limited websites, with the exception of options provided by Candidate Tips or Human Core Limited, requires the prior written consent of Candidate Tips or Human Core Limited.

1.3. Candidate Tips or Human Core Limited talent management provides Users with access to the data and/or information provided by other Users only to the extent that such data and/or information does not violate legal regulations, third party rights or these Terms and Conditions. Candidate Tips or Human Core Limited is entitled to remove any illegal content from the Candidate Tips or Human Core Limited websites without notice and without giving reasons.

1.4. The User acknowledges that a 100% availability of the Candidate Tips or Human Core Limited websites is technically impossible to achieve. However, Candidate Tips or Human Core Limited strives to keep the Candidate Tips or Human Core Limited websites available as much as possible. Candidate Tips or Human Core Limited cannot exclude that temporary service disturbances may result from taking necessary measures for maintenance or for reasons of safety or unforeseen capacity bottlenecks. Also, the User acknowledges that cases of force majeure or other events which are beyond the control of Candidate Tips or Human Core Limited (e.g. disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary interruptions of the services on the Candidate Tips or Human Core Limited websites.

1.5. Candidate Tips or Human Core Limited talent management merely offers the User a platform through which to network with other Users, and only provides such technical applications as are required to allow Users to contact each other. Candidate Tips or Human Core Limited does not participate in the content of the communication between Users. To the extent Users enter into contracts with one another over the Candidate Tips or Human Core Limited websites contracts, Candidate Tips or Human Core Limited is deemed not to be involved in such arrangements and therefore is not a party. Users are themselves solely responsible for the execution and fulfillment of contracts concluded among themselves. Candidate Tips or Human Core Limited shall not be held liable in the event that, in connection with such a contract made over the Candidate Tips or Human Core Limited websites, there is no contact between users due to temporary disruptions or in the event that messages between users via chat tools hosted by Candidate Tips or Human Core Limited are received only after an unusual delay. Candidate Tips or Human Core Limited shall also not be liable for breaches of terms by Users under contracts between the Users.

 

  1. Registration, Representations and Warranties upon Registration

2.1. Users must register before using the services of the Candidate Tips or Human Core Limited websites.

2.2. The User warrants upon registration that all data provided by them is true and complete and the User uses the account for professional or business purposes. The User is obliged to immediately notify Candidate Tips or Human Core Limited of any changes in the registration data. The User shall not use pseudonyms or pen names.

2.3. The User warrants that they are of adult age at the time of registration.

2.4. When registering, the User shall choose a personal, individual and sufficiently secure password. The user is obliged to keep this password secret. Candidate Tips or Human Core Limited will not disclose the password to any third party, nor ask the User at any time for the password.

2.5. By completing the registration process, the User submits an offer to conclude the contract for the use of the services of the Candidate Tips or Human Core Limited websites. Candidate Tips or Human Core Limited accepts this offer by activating the membership for the services of the Candidate Tips or Human Core Limited websites. At the time of this acceptance, an agreement between the User and Candidate Tips or Human Core Limited is concluded.

2.6. Each User may register only once and create only one user profile.

2.7. Candidate Tips or Human Core Limited can not determine with certainty whether the Candidate Tips or Human Core Limited websites registered User is actually the person who claims to be the User. Candidate Tips or Human Core Limited therefore assumes no liability for the actual identity of the User. Each User must therefore themselves validate the identity of any other User.

2.8. Each User is obliged to keep their registration data in Candidate Tips or Human Core Limited up to date. More information about managing user accounts will be given to the User at registration or at current events, in updates or on demand by e-mail or by post.

 

  1. User obligations

3.1. The User is obliged to:

3.1.1. make only true and non-misleading statements in their profile and in communications with other Users and to not use pseudonyms or pen names,

3.1.2. to submit only photos of their person to the Candidate Tips or Human Core Limited websites which show the User clearly. The User shall ensure that the public reproduction of the photos sent by themselves is allowed on the Candidate Tips or Human Core Limited websites and does not infringe rights of third parties. The transmission of photos or pictures of other or non-existent persons or other beings (animals, fantasy creatures, etc.) is not permitted as a profile photo.

 

3.1.3. ensure when using the content and services on the Candidate Tips or Human Core Limited websites that they comply with applicable laws and does not infringe any third party rights, in particular he shall not:

  • use abusive, libelous content or insults, regardless of whether or not such content affects other Users, Candidate Tips or Human Core Limited employees or other persons or companies,
  • upload any pornographic or violent content or content that violates any child protection laws or offer or sell any pornographic or violent content or content that violates any child protection laws,
  • refrain from sending other Users, without their express or implied consent any advertising or market research queries (particularly spam) or otherwise harass such Users,
  • use content protected by law (e.g. by copyright, trademark, patent, design patent or utility model law), without being entitled to do, or offer or sell legally protected goods or services, and
  • use practices considered unfair competition, or promote such practices, including progressive customer acquisition practices (such as chain, snowball or pyramid schemes).

 

3.1.4. The User is obliged to refrain from the following annoying actions, even if they do not concretely violate any laws:

  • implementation, promotion and support of structured sales schemes (such as multi-level marketing or multi-level network marketing), and
  • offensive or sexually oriented communication (explicit or implicit) or insults, name-calling, or smears.

 

3.1.5. The User is also prohibited from:

  • the use of software or scripts in connection with the use of the Candidate Tips or Human Core Limited websites, unless Candidate Tips or Human Core Limited has approved this in writing. The User may use the interfaces or software that are provided to them by Candidate Tips or Human Core Limited as part of the services offered on the sites of Candidate Tips or Human Core Limited.
  • blocking, overwriting, modifying, or copying data or content published on the Candidate Tips or Human Core Limited websites, except if it is for the proper, adequate use of the services of the Candidate Tips or Human Core Limited websites. Copying using so-called robots or by means of a crawler or similar search engine technology is not, among other things, deemed necessary for the proper use of the services of the Candidate Tips or Human Core Limited websites and is therefore prohibited.
  • streaming or playing in public content from the Candidate Tips or Human Core Limited websites or from other Users, and
  • carrying out any act that is likely to affect the functionality of the Candidate Tips or Human Core Limited infrastructure, especially acts which may excessively burden such infrastructure.

 

  1. Changes to the Services on the Candidate Tips or Human Core Limited websites

Candidate Tips or Human Core Limited talent management reserves the right to change the services offered on the Candidate Tips or Human Core Limited websites or to offer different services, except where this would be unreasonable to the User.

 

  1. Duration, termination of the contract, refund of fees paid in advance

5.1. The User can cancel the membership at any time without notice for any reason. Termination can be made by sending an email directly to Candidate Tips or Human Core Limited except where there are seperate contracts in place with Candidate Tips or Human Core Limited Limited. Upon termination, the User name and registered email address must be specified.

 

5.2. If a registered company is a member and fee-based services have been booked, the contract will initially run until the end of the minimum use period booked by the User. Thereafter the membership will extend for renewal periods of the same duration unless it is cancelled in a timely manner by the User or Candidate Tips or Human Core Limited. The User and Candidate Tips or Human Core Limited may terminate fee-based services without stating reasons within a period of fourteen (14) days of the expiration of the applicable contract period. The termination can be carried out by the User using the contact form on the Candidate Tips or Human Core Limited websites or by letter to the Candidate Tips or Human Core Limited. Upon termination, the User name and registered email address must be specified. Upon termination of paid membership by the User, the User will receive free membership until the end of the contract period.

5.3. The rules in section 5.2 provide for the right of both parties to terminate the agreement for cause, unaffected, if the continuation of the contract, for reasons that can be represented by the other party, is no longer reasonable after weighing all the circumstances of the case. A reasonable cause includes the following events:

  • violations by the User of their contractual obligations or the pending legal liquidation of the User;
  • the reputation of the services offered on the Candidate Tips or Human Core Limited websites is substantially affected by the presence of the User (for example, if it is determined after registration of the User that the User has been convicted of a criminal offence of fraud and other Users are aware of this conviction);
  • the User promotes any political associations or religious communities or private clubs, which violate constitutional protections, including in particular the safety of public institutions or jeopardize the protection of citizens or youth protection objectives or which are highly controversial in public debate;
  • the User causes harm to other Users; or
  • the User is a member of a sect or a religious community that is controversial in the UK or in the country where the User is domiciled.

 

5.4. If there is good cause in accordance with clause 5.3, Candidate Tips or Human Core Limited talent management can, independently of termination pursuant to clause 5.3, also impose the following sanctions against the User:

  • delete content that the User has entered,
  • issue a warning, or
  • block access to the services of the Candidate Tips or Human Core Limited websites.

 

5.5. In the following cases all claims by the User for repayment of prepaid fees are excluded:

  • Candidate Tips or Human Core Limited talent management legitimately terminates the contract for good cause in accordance with clause 5.3;
  • Candidate Tips or Human Core Limited disables the User’s access in accordance with Section 5.4 for reasons of which the User is responsible; or
  • the User cancels the contract for a good cause attributable to the responsibility of Candidate Tips or Human Core Limited.

 

  1. Responsibility for content, data and / or information provided by Users

6.1. Candidate Tips or Human Core Limited talent management assumes no responsibility for the content, data and / or information provided by Users on the Candidate Tips or Human Core Limited websites or for the content of linked external websites. In particular, Candidate Tips or Human Core Limited does not ensure that this information is true, fulfils a particular purpose, or may serve such a purpose.

6.2. If the User notices an illegal or non-conforming use of the Candidate Tips or Human Core Limited websites (including the use of pseudonyms or false identities), they must report it using the contact form available on the Candidate Tips or Human Core Limited websites.

 

  1. Customer Service / Support

The customer can submit questions and clarifications about their contract with Candidate Tips or Human Core Limited or the services of Candidate Tips or Human Core Limited via the contact form available on the Candidate Tips or Human Core Limited websites or by email or letter and Candidate Tips or Human Core Limited will strive to help the User as quickly as possible if they use a paid service or the case is urgent for other reasons.

 

  1. Liability Limitation of Candidate Tips or Human Core Limited

Claims for damages – regardless of the legal grounds – against Candidate Tips or Human Core Limited, or due to the ordinary negligence of its institutions or its agents, may be brought only if an essential contractual obligation (cardinal obligation) has been violated. A cardinal obligation is an obligation that the User was entitled to expect compliance with and the fulfilment of which is essential to the proper execution of the contract. Claims for damages are limited in this case to the amount of the typically foreseeable damage.

Claims for personal injury and property damage under the English and Welsh Law shall remain unaffected. The above exclusions and limitations also do not apply in the case of explicit guarantees by Candidate Tips or Human Core Limited and claims for lack of assured properties.

 

  1. Exemption

9.1. The User shall hold harmless Candidate Tips or Human Core Limited from all claims, including claims for damages, asserted by other users or third parties against Candidate Tips or Human Core Limited due to a violation of their rights by the contents posted by the User on Candidate Tips or Human Core Limited websites. The User shall hold harmless Candidate Tips or Human Core Limited from all claims, including claims for damages, asserted by other users or third parties against Candidate Tips or Human Core Limited due to the infringement of their rights by the use of the services of the Candidate Tips or Human Core Limited websites by the User. The User assumes all liability for all reasonable costs that may be incurred by Candidate Tips or Human Core Limited due to an infringement, including costs of legal defense. All other rights, including damage claims by Candidate Tips or Human Core Limited, remain unaffected. The User has the right to prove that Candidate Tips or Human Core Limited actually incurred lower costs. The foregoing obligations of the User shall not apply if the User is not responsible for the infringement.

 

9.2. If third-party rights are violated by the contents of the User, the User of Candidate Tips or Human Core Limited will at the option of Candidate Tips or Human Core Limited acquire the right to use said contents or render said contents free of third party rights at their own expense. If by the use of the services of the Candidate Tips or Human Core Limited websites any rights of third parties are violated by the User, the User shall discontinue the breach of contract and / or illegal use immediately when prompted by Candidate Tips or Human Core Limited.

 

  1. Privacy Policy

Candidate Tips or Human Core Limited talent management takes very seriously the protection of all personal data transmitted by the User to Candidate Tips or Human Core Limited, and guarantees to ensure compliance with all data protection legislation and compliance requirements in accordance with the local regulations. In particular, all technical and organizational reasonable measures for data security are respected. Candidate Tips or Human Core Limited in particular will not disclose the personal data of users to third parties or allow third parties such knowledge without prior authorisation. Details concerning the processing of the data of the Users are governed by the privacy policy of Candidate Tips or Human Core Limited that are viewable from each of the Candidate Tips or Human Core Limited websites.

 

  1. Contract changes, price changes, final regulations

11.1. Candidate Tips or Human Core Limited talent management reserves the right to modify these terms at any time, without giving reasons, unless an amendment is unreasonable for the User. Candidate Tips or Human Core Limited will notify the User of changes to these terms in a timely manner. If the User does not contest the validity of the new terms within six (6) weeks after notification, the amended terms shall be deemed accepted by the User. Candidate Tips or Human Core Limited will alert the User of their rights in the notification and of the importance of the period in which opposition can be stated.

11.2. Candidate Tips or Human Core Limited talent management reserves the right to increase the cost of fee-based services not more than once per calendar year with effect from the start of a new extension period, following the minimum period of use or the then current renewal period as appropriate. In this case, Candidate Tips or Human Core Limited shall inform the User of the change at least six (6) weeks before the end of the minimum period or the then current renewal period. If the User does not agree to this pay increase, they may contest the change within four (4) weeks by contact form, letter or email. Contesting the change is equivalent to a termination of fee-based services by the User, so that the membership at the end of the existing minimum period of use will be converted into a free user account.

11.3. Unless otherwise agreed, the User may submit all notices to Candidate Tips or Human Core Limited by e-mail with a contact form available on any of the Candidate Tips or Human Core Limited websites or transmit them by letter to the Candidate Tips or Human Core Limited. Candidate Tips or Human Core Limited can send notices to the User by e-mail or by fax or post to the addresses that the User has specified as the current contact data in their user account.

11.4. If any provision of these Terms and Conditions is, or becomes invalid, the validity of the remaining provisions shall not be affected.

11.5. Place of execution is the location of Candidate Tips or Human Core Limited.

11.6. English and Welsh law applies to the exclusion of international private law and the UN sales law incorporated into English and Welsh law.

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