User Agreement - Terms of website use (Member)

By joining as a member you are able to manage your personal profile and manage which recruiters you make your profile available to with a view of managing your future career opportunities and aspirations.    Your access to our Portal and use of its services (Services) is subject to the following terms and conditions (Terms) which also describe the way in which we will handle and use your personal information https://www.gatedtalent.com/privacy-policy.

WHAT’S IN THESE TERMS?

  1. Who we are and how to contact us.
  2. By using our Portal you accept these Terms.
  3. Your Privacy.
  4. We may make changes to Our Portal and these Terms.
  5. We may suspend or withdraw our Portal.
  6. You must keep your account details safe.
  7. Ownership and use of material on our Portal.
  8. Your member profile.
  9. Do not rely on information on our Portal.
  10. We are not responsible for other websites you link to.
  11. Our responsibility for loss or damage suffered by you.
  12. We are not responsible for viruses and you must not introduce them.
  13. Prohibited uses.
  14. Breaking these Terms.
  15. Which laws apply to these Terms and where you may bring legal proceedings.
  16. Other general terms.

 

  1. WHO WE ARE AND HOW TO CONTACT US

 

GatedTalent is a portal operated by GatedTalent Limited (“we”) part of the Dillistone Group Plc. We are registered in England and Wales under company number 10660451 and have our registered office at 50 Leman Street, London, E1 8HQ, UK. Our VAT number is 892 212 819. We are a limited company.

To contact us, please email info@gatedtalent.com.

 

  1. BY USING OUR PORTAL YOU ACCEPT THESE TERMS  

 

By registering with us and using our Portal, you confirm that you accept these Terms and that you agree to comply with them. We recommend that you print a copy of these Terms for future reference.

If you do not agree to these Terms, you must not use our Portal.

 

  1. YOUR PRIVACY

 

We only use any personal data we collect through your use of our Portal in the ways set out in our Privacy Information Notice https://www.gatedtalent.com/privacy-policy.  Our Privacy Information Notice sets out the nature of the personal information that we collect and process through our Portal and the Services available through it. By continuing to use our Portal you acknowledge that you have seen and understand our Privacy Information Notice.

We take the security of information in our Portal seriously, and use accepted industry standard technologies to secure our systems. However, please be aware that internet transmissions are never completely private and any message that you send to or through our Portal could conceivable be read or intercepted by others.

 

  1. WE MAY MAKE CHANGES TO OUR PORTAL AND THESE TERMS  

 

We may update and change our Portal from time to time to reflect changes to our Services, products, our users’ needs and our business priorities.  We may amend these Terms from time to time.

We will notify you of material changes to our Portal, our Services or these Terms. Please check these Terms each time you log-in to ensure you understand the terms that apply at that time. These Terms were most recently updated on 28th September 2017

 

  1. WE MAY SUSPEND OR WITHDRAW OUR PORTAL

 

Our Portal is made available to members free of charge for personal use only.

We do not guarantee that our Portal, the Services or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Portal for business and operational reasons.

 

  1. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

 

Our Portal is designed to enable you to manage your own personal preferences. To ensure that this can be managed securely, you must keep your user name and password, and any other piece of information as part of our security procedures, confidential, and you must not disclose it to any third party.

We have the right to disable any user name or password if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. Disabled account information will be temporarily or permanently removed for the active and searchable parts of our Portal.

If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at security@gatedtalent.com.

 

  1. OWNERSHIP AND USE OF MATERIAL ON OUR PORTAL

 

All intellectual property rights in our Portal, our Service and the material published on our Portal throughout the world belong to us, or our licensors, and all rights are reserved.  In particular, our trade mark, and those of third parties used within our Portal are owned by us or our third party licensors, and all rights are reserved.  You may not copy or use them without permission. You have no rights to our Portal, other than the right to use it in accordance with these Terms.

Where you are contributing material to your Member profile, you retain all of your ownership rights in the material, but you grant us a licence to use and re-present that material to potential employers and their agents in an anonymised format who are authorised to use our Portal to consider you for future opportunities.  Whilst we may present your content in a different format, we will not alter it in any way, and you confirm to us that any information you contribute is factually accurate, and a true representation.   Full details and your name and contact details will only be made available to those organisations to whom you have given specific consent.

You may download or print out extracts of any page(s) from our Portal for your personal use as part of looking for new career opportunities.  You must not modify any paper or digital copies of any materials that you print-off or download.

Our status (and that of any identified contributors) as the authors of content on our Portal must always be acknowledged.

You must not use any part of the content on our Portal for commercial purposes.

If we have reasonable grounds to suspect you of misusing proprietary material available via our Portal, in breach of these Terms, we may suspend and or terminate your Member profile and/or your user account.

 

  1. YOUR MEMBER PROFILE

 

You acknowledge that we will share your member profile and any content you submit as part of that profile, with those recruiters whom you have authorised us to do so. Details of how you can change your preferences are available on our Portal, and in our Privacy Information Notice.

You may not upload any content that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; sexually explicit; or is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal.

You must not transmit any virus or other malicious code through our Portal.

You acknowledge that the Recruiters you have agreed to be connected with, may download and retain a copy of your Member profile, and that such use will be consistent with the terms of our Privacy Information Notice, or any subsequent notice given by the recruiter.  We are not responsible for their use of your personal information.

 

  1. DO NOT RELY ON INFORMATION ON THIS PORTAL

 

The content on our Portal is provided for general information only. It is not intended to amount to advice on which you should rely, or to guarantee any specific job or career opportunity.

Although we make reasonable efforts to update the information on our Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on our Portal is accurate, complete or up to date.

Our Portal may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us, and do not represent our views or values.  If you wish to complain about information and materials please contact us on membersupport@gatedtalent.com.

 

  1. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

 

Our Portal may contain links to other independent websites which are not provided by us. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
  • When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. Whilst we take reasonable care to secure your digital content within our Portal, if it is lost or damaged in any way we will restore the data from our last back-up.  If you believe that your Member profile has been altered or amended without your permission please let us know and we will investigate for you, and correct the altered or amended content.
  • We are not liable for business losses. Our Portal is available for your private use only. If you access or use our Portal for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
  • Please back-up content and data used with Portal. We recommend that you back up any content and data used in connection with our Portal and our Services, to protect yourself in case of problems with our Portal.
  • You are responsible for ensuring its suitability for you.  Our Portal has not been developed to meet your individual requirements, so please check that the facility and functionality meet your own needs.
  • We are not responsible for events outside our control. If provision of our Services or access to our Portal is interrupted or delayed by an event outside our control we will take steps to minimise the effect of the delay, and we will not be liable for delays caused by the event.

 

 

  1. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

 

We do not guarantee that our Portal will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Portal. You should use your own virus protection software.

You must not misuse our Portal by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal. You must not attack our Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990, and may commit an offence in other legal jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Portal will cease immediately.

 

  1. PROHIBITED USES

 

You may use our Portal only for lawful purposes. You may not use our Portal:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

  1. BREAKING THESE TERMS

 

If we consider that you have broken these Terms, we may take such action as we deem appropriate.  If what you have done can be put right we will give you a reasonable opportunity to do so.

Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Portal, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Portal and the removal of your Member profile from the active and searchable parts of our Portal.
  • Issue of a warning to you.
  • Legal proceedings against you, including for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

  1. WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

 

These Terms are governed by English law and you can bring legal proceedings in connection with your use of our Portal in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

If you are domiciled in any other country, your consent rights may also be protected by the applicable consumer law in your country of residence. Other language versions of these terms are available.

 

  1. OTHER GENERAL TERMS

 

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

If a court finds any part of these Terms illegal or unenforceable, the remaining terms will continue to have effect as each of the paragraphs operates separately.  We will seek to substitute a reasonable amendment where that is possible to give effect to our mutual intention where a term is found to be illegal or unenforceable.

Even if we delay in enforcing these Terms, we can still enforce these Terms later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

If you have a concern or dispute with us of the operation of our Portal, please contact us membersupport@gatedtalent.com and we will try to resolve your issue or concern.