TERMS AND CONDITIONS (B2C)

These Terms and Conditions were last updated: 30/01/2020

  1. ABOUT US
    1. Company details. Candidate Talent (us, we, the company) is a a company within England and Wales under company number 12356241. Our registered office is Candidate Talent, 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ and we operate via our website www.candidatetalent.com.
    2. Contacting us. To contact us telephone our customer service team at e-mail: hello@candidatetalent.com. The website is made available to users on the Terms and Conditions set out below. The Terms and Conditions should be read in conjunction with our Terms of Use and Privacy and Cookies Policy. These parts together or applied separately form a legally binding contract between you and Candidate Talent.
    3. Use of the website constitutes an agreement to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions you should not use the website.
    4. We reserve the right to change, modify, add or remove any portion of these Terms and Conditions at any time and you are advised to check these regularly to see that you are reading the most up-to-date Terms and Conditions.
  2. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
    1. These terms of use are to be read in addition to the following additional terms, which also apply to your use of our site and apply to specific services we provide:
  3. INTERPRETATION OF THESE TERMS
    1. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
    2. The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
    3. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
  4. TERM
    1. This Agreement shall come into force on our acceptance of your registration on the website. Your agreement to these Terms and Conditions shall remain in force until notice of termination is given by you. 
    2. Termination detailed within Clause 4.1 will arise at the end of any subscription periods, at the end of your use of any product of service we provide or by your deletion of your profile and account. 
    3. We reserve the right to revise our fees and renegotiate our service offering after the initial subscription period.
    4. If there is a long period of inactivity on your account, we may contact you to confirm that you still wish to be registered.
    5. If we are unable to contact you, we reserve the right to suspend or remove your registration from the website.
  5. REGISTRATION
    1. To use the website to carry out tests, users must first complete the registration process.
    2. All details provided must be accurate and correct.
    3. You must only register your own details and not use any words that are trademarks, vulgar, obscene, or in any way inappropriate.
    4. Registration is specific to the individual and registered details must not be shared.
    5. Where you believe that a third-party has obtained your registered details, including your username or password you must contact us immediately on e-mail: hello@candidatetalent.com
    6. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    7. Each user is only permitted to have one account and must be registered with a real name. If necessary, additional identification may be required.
  6. LICENCE TO USE OUR TESTS AND MATERIALS AND PROPRIETARY OWNERSHIP
    1. Access to the Candidate Test website and the services and features provided within is based on a two-part platform: The provision of limited free features and the provision of various other paid features.
      1. The provision of free sample features is provided to you free of charge and in doing so, we grant to you a free license to use the tests for personal, non-commercial purposes. No such rights to copy or redistribute are granted in such use.
      2. The provision of paid features is subject to the terms of payment detailed within Clause 7. The payment for services provides you with a free license to use the tests in such a way as is authorised by these terms. You must not seek to copy or redistribute any materials which you are provided with.
    2. We shall provide registered users with a free license to use the website and the features within it.
    3. We reserve the right to suspend or restrict access to any user to the website at any time without notification.
    4. We reserve the right to limit the number of users using the site at any time.
    5. Users are not permitted to transfer their license to any third party, and this may be treated as a material breach of our Terms and Conditions.
    6. Candidate Talent reserves the right at its sole discretion to deny access to all or parts of the website, to close accounts of users and change any eligibility criteria at any time and for whatsoever reason
    7. Access to the content on the website is on an “as is, as available” basis.
    8. Whenever you make use of a feature that allows you to upload any content, material, content or otherwise to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Terms of Use.
    9. Any content you upload to our site will be considered non-confidential and non-proprietary
    10. You retain all of your ownership rights in your content and in the uploaded materials, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties as part of the wider services we provide.
    11. Any data, information or results which arise from using our services, will be the proprietary ownership of us and we reserve the right to make use of such material in any way. 
  7. PAYMENT
    1. The relevant fees for the services are detailed within the specified page. Those fees and subscription charges are subject to change at any time.
    2. The fees and subscription charges detailed within the site are for reference only, they in no way bind the company to provide the terms in question.
    3. You must make payment for the services in line with the on-screen prompts.
    4. We reserve the right to notify users of any changes to our fees by posting a message on the website or by contacting users directly.
    5. Any fees chargeable will be subject to the relevant taxes being applied at the time of purchase.
    6. No refunds can be provided under the grounds of the Distance Selling Regulations. The services and materials provided by us, to you, are exempt under the ‘downloads’ exception.
  8. COPYRIGHT
    1. The website and its original content, features, and functionality are owned by Candidate Talent and are protected by copyright law. Users are referred to our Copyright Statement available on our website.
  9. LIMITATION OF USE
    1. Users may only use this website for lawful purposes and only in accordance with these Terms and Conditions and our Acceptable Terms of Use.
    2. Users must not scrape any data from the website by any means including, but not limited to, the use of software, devices, scripts, robots or other processes to copy profiles or any other website content, whether it is seen by the user or used in the construction of the website.
    3. Users may not reproduce, copy, distribute, store or by any other means reproduce material from the website unless expressly given permission to do so by Candidate Talent.
  10. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.  
    1. Nothing in the Contract limits or excludes our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
      • fraud or fraudulent misrepresentation; or
      • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
    2. Subject to Clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • loss of profits;
      • loss of sales or business;
      • loss of agreements or contracts;
      • loss of anticipated savings;
      • loss of use or corruption of software, data or information;
      • loss of or damage to goodwill; and
      • any indirect or consequential loss.
  11. CONFIDENTIALITY
    1. We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by Clause 13.2.
    2. We each may disclose the other’s confidential information:
      1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this Clause 13; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  12. TERMINATION 
    1. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
      • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so;
      • you fail to pay any amount due under the Contract on the due date for payment;
      • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    2. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
    4. You must note, that the materials and services provided by us, are not subject to The Consumer Protection (Distance Selling ) Regulations and no 14-day cancellation policy is in place.
  13. EVENTS OUTSIDE OUR CONTROL 
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
  14. COMMUNICATIONS BETWEEN US  
    1. When we refer to “in writing” in these Terms, this includes email.
    2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice or other communication is deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by email, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  15. GENERAL  
    1. ASSIGNMENT AND TRANSFER.  
      • We may assign or transfer our rights and obligations under the Contract to another entity [but will always notify you [in writing or] by posting on this webpage if this happens.]
      • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    6. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.



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