Terms of Use

This agreement (the “Terms of use”) contains the terms and conditions that govern Your access to and use of Talent Alpha’s Online Services (as defined below) and is an agreement between Talent Alpha Sp. z o.o. with its registered seat in Kraków, Poland, address: Krakow Technology Park, ul. Podole 76, 30-394 Kraków, maintained by District Court for Kraków-Śródmieście in Kraków, XI Commercial Division under number KRS 756687, tax identification number 6762557514, hereinafter referred to as “Talent Alpha” (also referred to as “TA,” “we,” “us,” or “our”) and You or an entity You represent (“You” or “Your”).

When you click the “I agree” or equivalent checkbox presented with the link for these terms you hereby accept provisions set below. This agreement takes effect upon the confirmation of the Registration process (as defined below) by TA.

YOU REPRESENT TO US THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS. IF YOU ARE CONCLUDING THIS AGREEMENT ON BEHALF OF AN ENTITY, SUCH AS THE COMPANY YOU WORK FOR, YOU REPRESENT TO US THAT YOU HAVE LEGAL AUTHORITY TO LEGALLY BIND THAT ENTITY (E.G. YOU HAVE POWER OF ATTORNEY TO DO SO). YOU UNDERTAKE TO COVER ALL DAMAGES INCURRED BY TALENT ALPHA IN CONNECTION WITH FALSEHOOD OF THE ABOVE STATEMENT.

YOU REPRESENT TO US THAT YOU ARE ENTERING INTO THIS AGREEMENT IN RELATION WITH YOUR PROFESSIONAL ACTIVITY AND THEREFORE YOU ARE NOT A CONSUMER WITHIN THE MEANING OF APPLICABLE PROVISIONS OF LAW.

1. INTRODUCTION

1.1 TA provides it’s enterprise Clients with an access to a large talent pool of IT professionals, uploaded by TA and its partners in the Talent Pool, available on the Website. Before You will have access to Online Services and the possibility to search the Talent Pool and create teams, You must agree to the following Terms of use.

2. DEFINITIONS

2.1Account” a collection of resources managed by us for You under a unique name (login), where data and information concerning Your activity are collected.

2.2Client” means any firm, partnership, corporation or any other entity or person that is or has been involved in a business relationship with the TA or that TA reasonably expects will become its Client.

2.3Online Services” means each of the services made available to You by us or our affiliates via Website, including in particular application program interface, Talent Alpha’s content, Talent Pool, Account and any other service provided by us under these Terms of use.

2.4Registration” means the process of collecting and verification of data (including personal data) about You and Your workplace and accepting required agreements to access the Online Services.

2.5Talent Pool” means the store of data (database) on IT professionals.

2.6Website” means https://talent-alpha.com (and any related site designated by us), as may be updated by us from time to time.

2.7Your Content” means content that You transfer to us for processing via Online Services in connection with Your Account (i.e. data about your company or projects). Your Content does not include Account information provided during the registration (i.e. Your company legal name, etc.).

3. USE OF THE ONLINE SERVICES

3.1 In order to access Online Services, You shall complete Registration and create an Account by filling the appropriate registration form and providing requested data.

3.2 After completing the registration form, a message will be sent to the e-mail address provided therein, indicating a manner in which the Registration should be completed and other information as required by law. Upon the confirmation of the Registration sent by TA, You and TA enter into the agreement concerning provision of Online Services by TA, on conditions set forth in these Terms of use.

3.3 During both registration and later use of Online Services, You shall provide the needed and up-to-date data and information. In case of any changes, You shall update data and information using Your Account functionality.

3.4 You shall gain access to the Account each time only after entering Your username or e-mail address and password (logging in). The use of automated solutions, in particular automatic login software, shall be at Your own risk.

3.5 In connection with Your use of the Online Services, we may send You service announcements, administrative messages and other information. You may opt out of some of those communications.

3.6 These are technical requirements necessary to use our Website and Online Services:

  • a) Internet connection;
  • b) a web browser capable of displaying HTML documents on a computer or mobile device screen;

4. FEES

4.1 The use of Online Services is free of charge.

4.2 Any chargeable services shall be performed on the basis of the following master service agreement and applicable statement of work between TA and You, if one is signed. This concerns in particular any IT professional services performed for TA Clients. For avoidance of doubt - master services agreement and statements of work are not part of these Terms of use.

5. YOUR RESPONSIBILITIES

5.1 You may not use other users’ Accounts or make their Accounts available to other persons.

5.2 You are responsible for all activities that occur under Your account, regardless of whether the activities are authorized by You or undertaken by You, your staff or a third party. We are not responsible for unauthorized access to Your account or any of the previous mentioned actions. We are responsible solely to the extent caused by our breach of these Terms of use.

5.3 Your login data is for Your internal use only and You shall not disclose, sell, assign, transfer or sublicense them to any other entity or person. You may disclose username or e-mail address and password solely to Your staff members, agents, subcontractors or other persons acting on Your behalf.

5.4 You hereby ensure Talent Alpha that You will not provide Talent Alpha (in any manner, including by uploading into the Website or by using Online Services) any content of unlawful nature nor that You will undertake any actions that may impede or damage the Website or any of the Online Services.

5.5 If Talent Alpha receives any notification or credible information about the unlawful nature of any content that You provided, Talent Alpha may prevent access to such content or relevant Online Service. Talent Alpha shall not be liable to You for any damage caused as a result of preventing such access.

6. YOUR CONTENT

6.1 Talent Alpha Online Services allow You to upload or submit content on our Website. You retain ownership of any intellectual property rights that You hold in that content.

6.2 When You upload or submit content to our Online Services, You give Talent Alpha and its affiliates worldwide license to use, host, store, reproduce, modify, publish and create derivative works, as well as allow to use the derivative works. The rights You grant in this license are for the limited purposes of research and operating or improving our Online Services.

6.3 You shall ensure that TA’s use of Your Content and Your use of the Online Services will not violate any agreements with any third parties or any applicable provisions of law. You are solely responsible for Your Content available to third parties via the Website.

7. COPYRIGHTS

7.1 Talent Alpha either owns the intellectual property rights in the HTML, text, images, software or other content that is made available on the Website, or has obtained the permission of the owner of the intellectual property to make it available on the Website. TA strictly prohibits the copying or redistribution of any part of the Website or content on the Website without TA’s explicit e-mail consent. Talent Alpha authorizes You to display on Your computer, download and print pages from the Website provided: (a) the copyright notice appears on all such printouts, (b) the information is not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) You do not redistribute or copy the information to any other media.

8. DISCLAIMER

8.1 YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. WEBSITE, ONLINE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TALENT ALPHA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF ONLINE SERVICES OR WEBSITE OR ANY CONTENT. TALENT ALPHA, TO THE EXTENT ALLOWED BY APPLICABLE PROVISIONS OF LAW, DISCLAIMS ALL WARRANTIES, EXPRESS IMPLIED OR STATUTORY, INCLUDING FITNESS FOR A PARTICULAR PURPOSE. TALENT ALPHA MAKES NO WARRANTY THAT, (I) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT WEBSITE, ONLINE SERVICES, ITS CONTENT AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR DIFFERENT HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) YOU DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS VIA WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY TALENT ALPHA AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

9. MODIFICATIONS TO THE AGREEMENT

9.1 We may modify these Terms of use (including Privacy Policy) at any time by posting a revised version on the Talent Alpha Website or by sending a message to the email address then associated with Your account. The modified terms will become effective upon posting or, if we notify You by email, as stated in the email message. We will inform You of any modifications to the Terms of use at least 30 days before they will become effective. By continuing to use the Online Services after the effective date of any modifications to Terms of use, You agree to be bound by the modified terms. It is Your responsibility to check the TA Website regularly for modifications to these Terms of use.

10. TERM & TERMINATION

10.1 The provision of Online Services shall be unlimited in time, subject to the provisions of this Section.

10.2 TA may, at its sole discretion, at any time discontinue providing or limit access to the Website, any parts of the Website or content provided on or through the Website.

10.3 Termination for Convenience. You may terminate these Terms of use for any reason by providing us notice and closing Your Account. We may terminate these Terms of use for any reason by providing You 14 days advance notice.

10.4 Termination for Cause

  • a) Each Party may terminate these Terms of use in the event of a material breach or persistent breaches of these Terms of use, with immediate effect.
  • b) TA may also terminate these Terms of use immediately upon notice to You, in case our relationship with a third-party who provides software or other technology we use to provide the Online Services expires, terminates or requires us to change the way we provide Online Services, or in order to comply with the law or requests of governmental entities.

10.5 Upon the Termination Date:

  • a) all Your rights under these Terms of use immediately terminate.
  • b) any other agreements between You and TA shall remain in full force and effect.

11. PRIVACY

11.1 Talent Alpha is committed to guard the privacy of the users of the Website in accordance with the relevant provisions of law. For details please see our Privacy Policy available at the Website (https://talent- alpha.com/privacy-policy or equivalent ).

12. MISCELLANEOUS

12.1 No Third-Party Beneficiaries. This Terms of use do not create any third-party beneficiary rights in any individual or entity that is not a Party to these Terms of use, unless explicitly stated otherwise.

12.2 Assignment. You shall not assign or transfer any obligations under these Terms of use without TA’s prior consent given via email. Any attempt of assignment or transfer without such consent shall be void.

12.3 Governing Law and Remedies. These Terms of use shall be governed by and construed in accordance with the laws of the Republic of Poland.

12.4 Dispute Resolution. Any dispute, controversy or claim related to these Terms of use shall be resolved by the relevant court of ordinary jurisdiction over Talent Alpha’s seat or through compliant procedure described in Section 14.

12.5 Severability. If any part of these Terms of use shall be held invalid or unenforceable, the remainder of the provisions hereof shall continue in full force and effect. Any invalid or unenforceable parts will be interpreted to effect and present the intention of the original parts. If such interpretation will not be possible, the invalid or unenforceable part shall be severed from these Terms of use and the rest of the Terms of use shall remain in full force and effect.

13. COMPLAINTS

13.1 You have the right to complain about the performance of the Online Services.

13.2 Talent Alpha will review the submitted complaints.

13.3 A correctly submitted complaint should contain at least the following data:

  • a) Your Account information;
  • b) the subject of the complaint;
  • c) circumstances justifying the complaint;
  • d) the proposed method of handling the complaint.

13.4 We will not review the complaints which will not contain the above mentioned data.

13.5 You should submit the complaints (with the note "Complaint"):

  • a) to our address in a written form: in Kraków, Poland, ul. Podole 76, 30-394 Kraków
  • b) at the e-mail address: complaints@talent-alpha.com

13.6 A reply to a complaint will be sent only to the e-mail address assigned to Your Account. In particularly justified cases, we may send a reply to a different e-mail address provided in the complaint, which is not assigned to the Account, or in writing to the address provided in the compliant.

13.7 We shall handle a correctly submitted complaint within 14 days from the date of its receipt. When a complaint does not contain the information necessary to handle it, we shall ask You to supplement the required information, and then the period of 14 days shall run from the date of submitting the supplemented complaint.

13.8 We will not re-examine complaints reviewed in accordance with the provisions of these Terms of use.

13.9 If it is needed we may contact You:

  • a) in writing to the correspondence address provided;
  • b) in an electronic form to the e-mail address provided.
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