Website Terms & Conditions of Use

  1. Introduction
    1. These terms and conditions shall govern your use of our website.
    2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
    3. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
    4. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
  2. About us
    1. This website is owned and operated by Talent Grader Ltd, a private limited company registered in England with number 11837558.
    2. Our registered office and principal place of business is at 151 Spruce Drive, Bicester, United Kingdom, OX26 3YF.
    3. Our VAT number is 349 7314 72.
    4. You can contact us:
      1. by post at 151 Spruce Drive, Bicester, United Kingdom, OX26 3YF;
      2. using our website contact form;
      3. by telephone on 07730 444 949; or
      4. by email at support@talentgrader.com.
  3. Copyright notice
    1. Copyright (c) 2020 Talent Grader Ltd.
    2. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  4. Permission to use website
    1. You may:
      1. view pages from our website in a web browser;
      2. download pages from our website for caching in a web browser;
      3. print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
      4. stream audio and video files from our website using the media player on our website;
      5. submit reviews, subject to our reviewing guidelines and the other provisions of these terms and conditions;
      6. download sample reports;
      7. purchase products from third parties, and
      8. use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by paragraph 1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    3. You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    5. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our website (including republication on another website);
      2. sell, rent or sub-license material from our website;
      3. other than via the social media features on our website in accordance with paragraph 5:
        1. show any material from our website in public; or
        2. redistribute material from our website;
      4. exploit material from our website for a commercial purpose.
    6. We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
  5. Social media platforms
    1. Our website includes features that enable users to interact with social media platforms - including Facebook, Instagram, Twitter, YouTube, LinkedIn directly from our website.
    2. Using the social media features on our website, you may:
      1. share data or content from our website; and
      2. like or upvote content from our website.
    3. You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.
    4. Subject to paragraph 4, we will not be liable to you for any loss or damage arising out of:
      1. your use of any social media platform; and
      2. any act or omission of any social media platform operator.
    5. When using social media features on our website or browsing pages on our website that incorporate social media features, the social media platforms may collect information about you and your use of our website and those features, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our privacy policy and our cookie policy.
  6. Misuse of website
    1. You must not:
      1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
      2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. hack or otherwise tamper with our website;
      4. probe, scan or test the vulnerability of our website without our permission;
      5. circumvent any authentication or security systems or processes on or relating to our website;
      6. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      7. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
      8. decrypt or decipher any communications sent by or to our website without our permission;
      9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      10. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
      11. use our website except by means of our public interfaces;
      12. violate the directives set out in the robots.txt file for our website;
      13. unless you have the express permission of the recipient or have entered into a subscription agreement with us:
        1. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
        2. to contact individuals, companies or other persons or entities; or
      14. do anything that interferes with the normal use of our website.
    2. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  7. Registration and accounts
    1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
    2. You must not allow any other person to use your account to access the website.
    3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    4. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
  8. User login details
    1. If you register for an account with our website, you will be asked to choose a password. Your email address will be your user ID.
    2. You must not use your account for or in connection with the impersonation of any person.
    3. You must keep your password confidential.
    4. You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  9. Cancellation and suspension of account
    1. We may at any time in our sole discretion with or without notice to you.
      1. suspend your account;
      2. cancel your account; and/or
      3. edit your account details,
    2. We will usually cancel an account if it remains unused for a continuous period of 12 months.
    3. You may cancel your account on our website using your account control panel on the website or by contacting us at support@talentgrader.com.
  10. Reviews
    1. We publish reviews of products and services on our website.
    2. You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.
    3. You should not rely solely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.
    4. Subject to paragraph 4, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.
    5. If you are an HR professional, consultant or test user and have registered with our website, you may submit reviews for publication on the website, subject to these terms and conditions.
    6. Your reviews must be honest, reasonable and bona fide reviews of the products and services listed on our website.
    7. You must not post a review if: You will be required to indicate before submitting a view whether you are a consultant for the product in question.
      1. you have a financial interest in the subject matter of the review;
      2. you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or
      3. you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.
    8. For the avoidance of doubt, your reviews constitute "your content" for the purposes of paragraphs 11 and 12.
    9. If you are a reviewer, you acknowledge that we will publish and otherwise use, in conjunction with your reviews, the name, job title and organisation name you provide to us, unless you have indicated that you wish to remain anonymous.
    10. If you are a supplier, we will publish details of your business, products and contact details.,
    11. You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.
  11. Our rights to use your content
    1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
    3. You grant to us the right to sub-license the rights licensed under paragraph 2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under paragraph 2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. You may edit your content to the extent permitted using the editing functionality made available on our website.
    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  12. Rules about your content
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence in an explicit, graphic or gratuitous manner;
      13. be pornographic, lewd, suggestive or sexually explicit;
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      18. cause annoyance, inconvenience or needless anxiety to any person.
  13. Report abuse
    1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know about any such material or activity by email at renu@talentgrader.com or support@talentgrader.com. If you wish to flag a review, please read the guidance for flagging a review here
  14. Charity donations and commission
    1. We may make a charity donation for each review published on our website.
    2. We may receive a commission on the sale of third party products and services advertised on our website.
  15. Warranties and liability
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our website;
      2. that the material on the website is up to date;
      3. that the website will operate without fault; or
      4. that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to paragraph 4, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
    4. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    5. The limitations and exclusions of liability set out in this paragraph 14 and elsewhere in these terms and conditions:
      1. are subject to paragraph 4; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    6. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    7. We will not be liable to you in respect of any special, indirect or consequential losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    8. We will not be liable to you in respect of any loss or corruption of any data, database or software.
  16. Indemnity You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
  17. Breaches of these terms and conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to our website;
      3. permanently prohibit you from accessing our website;
      4. block computers using your IP address from accessing our website;
      5. contact any or all of your internet service providers and request that they block your access to our website;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on our website.
    2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  18. Third party websites and products
    1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to paragraph 4, we accept no responsibility for them or for any loss or damage that may arise from your use of them or for any products purchased from them.
    3. Where third party sellers sell their products on our website, you acknowledge that we are acting as agent for those sellers and any contract for the sale of the products will be between you and the relevant seller. We are not a party to any such contract and, subject o paragraph 4, we accept no responsibility for such third party products or for any loss or damage that may arise from your use of them.
  19. Trade marks
    1. Our logos and any of our other registered and unregistered trade marks used on our website are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  20. Variation
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website.
    3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
  21. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  22. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  23. Third party rights
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  24. Entire agreement Subject to paragraph 15.4, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
  25. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  Updated October 2020