Terms of Use

Introduction

Welcome! Thank you for your interest in TalentClick. As with any world-class organization, we occasionally need to create some policies and agreements that govern our relationships with customers, vendors, partners, assessment participants, and even people simply browsing our website. We have tried to make our “Terms of Use” consistent with standard terms and language used by many others in our industry. Nonetheless, please read this agreement carefully before accessing or using the Site or completing an assessment. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site or any products and services.

ONLINE “TERMS OF USE” AGREEMENT

TalentClick Workforce Solutions Inc.

Informed Consent

By using the Site, or certain Services of the Site involving taking an assessment, you are giving your informed consent to participate in the assessment process. This concept of informed consent underlies all current and anticipated data protection guidelines and legislation. In order for assessment participants to give their informed consent, they must understand the purpose of the assessment, the use of the assessment data, and protection of the data.

  • Purpose – This assessment is created to provide personal characteristic information for employee training, development, placement, or research.
  • Data Use and Storage – Data submitted by participants will be kept strictly confidential and will not be shared with anyone other than the parties who initiated the assessment process. TalentClick will retain data submitted by participants and will remove all participant-identifying information if the data is to be used for research purposes.

Terms

TalentClick Workforce Solutions Inc. (hereafter referred to as “TalentClick”) provides you with rights and access to our website at www.talentclick.com and its various landing pages, as well as our portals for assessments (collectively referred to as the “Site”) and makes the Site, together with all information, reports, assessments, documents, communications, files, text, graphics and software available through the Site (collectively, the “Materials”) and all testing or other services provided by TalentClick or third parties (the “Services”) though the Site, available for your use subject to the terms and conditions set out in this document and any changes to this document that TalentClick may publish from time to time (the “Terms of Use”).

TalentClick may change these Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site or any Materials or Services accessible through it constitutes your acceptance of the changes.

If you do not comply with these Terms of Use now or in future, your authorization to use this Site will automatically end and any Materials that you may have downloaded or printed from it must be immediately destroyed.

Intellectual Property

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is TalentClick Workforce Solutions Inc. Any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use.

Acceptance of Terms

By accessing or using the Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by these Terms of Use.

You agree not to copy, republish, frame, transmit, modify, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized in these Terms of Use. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site. The Site together with the Materials and the Services are the property of TalentClick Workforce Solutions Inc. and your use of the Site does not transfer any title or any other interest therein to you.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials and to acknowledge, verbally or in writing, the origin of these materials.

You agree to grant to TalentClick a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit by email to TalentClick by all means and in any media now known or hereafter developed.

You agree that you shall have no recourse against TalentClick for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TalentClick.

Your personal data and certain other information that you provide to us are subject to our Privacy Policy. For further information please see our full Privacy Policy.

User Conduct

In using the Site, including all Services and Materials available through it, you agree:

  • Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources , accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
  • Not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
  • Not to create a false identity;
  • Not to use or attempt to use another’s account, password, service, or system without express authorization from TalentClick;
  • Not to intentionally or unintentionally violate any applicable local, state, provincial, national, or international law, or any regulations having the force of law.
  • To comply with all guidelines, manuals, directives or other publications that are available to users on the Site with respect to the use of the Materials or Services.
  • You agree to notify TalentClick immediately of any unauthorized activity using your information or if you suspect that the confidentiality of your account information has been compromised.

User Registration

Where use of the Site, or certain Services of the Site, requires user registration, you will be required to provide certain registration information (the “Registration Data”). In registering to use the Site, including all Services and Materials available through it, you agree to:

  • Provide accurate, complete, and up to date information about yourself as required by the Site’s registration form.
  • Maintain confidentiality for all activities carried out on the site, such as ID numbers, passwords, assessment results and reports.

Managing Content and Communications

TalentClick reserves the right, at its sole discretion, to delete or remove user content from the Site and to restrict, suspend, or terminate your access to all or parts of this Site, at any time without prior notice or liability.

TalentClick may, but is not obligated to, monitor or review (i) any areas of the Site where users transmit or post user content, including but not limited to areas where Services are available, and (ii) the substance of any user content.

To the maximum extent permitted by law, TalentClick will have no liability relating to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Disclaimer of Warranties

In using this Site and its Services, you expressly understand and agree that:

  • The Site and the Services contained on it are provided on an “as is” and “as available” basis and that use of the Site and Services is at your own risk.
  • TalentClick disclaims all warranties of any kind, whether by express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
  • TalentClick makes no warranties regarding the accuracy, reliability, quality or availability of service of any products, materials or services made available on the Site.
  • Any damage to your computer or loss of data that results from the use of the Site or Services or from the download of any material will be your sole responsibility and is done at your own discretion.
  • No advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated.

Further, TalentClick makes no warranty or condition that:

  • The Services will meet your requirements
  • The Services will be uninterrupted, timely, secure or error-free
  • The results that may be obtained from the use of the Services will be accurate or reliable
  • The quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations
  • Any errors in the software will be corrected

Limitation of Liability

To the extent not prohibited by applicable law, TalentClick is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if TalentClick has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise arising out of, or related to:

  • The use or inability to use the Services;
  • The cost of procurement of substitute goods and services purchased or obtained or messages received or transactions entered into though or from the Services;
  • Unauthorized access to or alteration of your transmissions or data;
  • Statements or conduct of any third party on the Services or the Site;
  • Any other matter relating to the Services, including materials or content you may download, use, modify or distribute from the Site.

You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make a claim against TalentClick for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of content.

You agree to hold TalentClick harmless from, and you covenant not to take any legal action against TalentClick for any claims based on using the Site, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where TalentClick is prevented by law from making such exclusions or limitations.

Links

The Services on this Site may provide links to other World Wide Web sites or resources. Because TalentClick has no control over such sites and resources, you acknowledge and agree that TalentClick is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TalentClick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Termination of Use

TalentClick reserves the right, at its sole discretion, to terminate or suspend your use of the Site, terminate or suspend your account, and refuse any current or future use of the Services if it believes in good faith that you have failed to comply with the above Terms of Use.