PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: January 1, 2018
Welcome to TalentSpace. TalentSpace provides a platform through which job seekers can apply to Talent Summits, Talent Days and Talent Nights (collectively the “Experiences”), manage their participation in the Experiences (“Experience Participant”) and where employed professionals (“employee”) connect with job seekers who desire job counseling ("Job Seekers"). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com
What are the rules for using TalentSpace?
You agree that by using this service you are:(a) At least 18 years of age and you are legally able to enter into a contract.(b) You will be required to sign up for an account, and select a password and user name (“TalentSpace User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your TalentSpace User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.(c) You will only use the Services for your own internal, personal, and not on behalf of or for the benefit of any third part and only in a manner that complies with all laws and employer policies that apply to you. For example purposes only, you may not use the Services for commercial recruiting, hiring, or “head hunter” purposes.(d) If your use of the Services is prohibited by applicable laws or your employer policies, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law or is in violation with your employer policies.(e) You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.(f) You will not make arrangements outside of the Service to have paid relations or any contact with any other Job Seeker, Company, or Employee contacted through the Services without written consent from TalentSpace or its agents.
Additional Experience Participant Rules
If you are a selected as an Experience Participant, you warrant and declare that while you are using the Services you will agree to and act according to the following additional rules:Attendee RequirementsAdmittance. Your selection to be a participant of one of our Experiences entitles you to admittance to the Event for which you have been selected. Any and all other costs associated with your attendance (including without limitation travel and accommodation expenses) shall be borne solely by you, and the Organizer shall have no liability for such costs.Use of Likeness. By attending the Event you acknowledge and agree to grant the Organizer the right at the Event to record, film, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to the Organizer includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.Event Content. You acknowledge and agree that the Organizer, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.Age Requirements. No one under the age of 18, including children in strollers accompanying their parents, will be admitted.Identification. All attendees must provide two forms of identification: one government-issued photo ID and the purchased Eventbrite ticket.
Attendee Badge Usage
Attendee badges must be worn at all times in Event areas.
It is the sole responsibility of the attendee to take care of any government visa requirements. Attendees who require an entry visa should allow sufficient time for the application procedure. Attendees should contact the nearest embassy or consulate to determine the appropriate timing of their visa applications. The Organizer will not contact embassies and consulates on behalf of visa applicants or provide any other assistance relating to visa issues. Failure to obtain a visa in advance of an Event does not constitute a valid basis for obtaining a refund.
Prohibited Conduct Limitations on Use
By accepting your selection and / or purchasing your ticket for the Experience you were selected for, you agree not to sell, trade, transfer, or share your ticket. In the event that the Organizer determines that you have violated this policy, the Organizer may cancel your badge(s), retain any payments made by you, report you to law enforcement authorities, and ban you from future Experience.Disruptive Conduct. You acknowledge and agree that the Organizer reserves the right to remove you from the Experience if the Organizer, in its sole discretion, determines that your presence or behavior create a disruption or hinder the Experience or the enjoyment of the Experience by other attendees. All Experience badges are the property of the Organizer and must be returned upon request.Suitcasing. “Suitcasing” refers to the practice of attending an Experience but “working the aisles” from a suitcase or briefcase, soliciting business from other attendees and exhibitors. Participants observed soliciting business during an Experience will be ejected from the Event and may be banned from future events in the Organizer's sole discretion.
The Organizer reserves the right to deny admission to anyone who engages in or is reputed to engage in unethical or non-compliant behavior.The Organizer reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to the Organizer; provided, however, that if an attendee is cancelled for violating any prohibition or requirement set forth in this Section 2, the Organizer may retain all fees paid.FeesPayment. The payment of the applicable participation fees for an Experience is due upon confirmation, if not stated otherwise (e.g. ticket purchase at the door).Taxes. The fees may be subject sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees.Cancellation of AttendanceAll cancellations and requests for refunds MUST be submitted in writing via e-mail by the deadlines listed within this section. Telephone, fax, and chat requests WILL NOT be honored.Refund requests will be processed based on the following Cancellation Schedule:Letters sent more 21 calendar days prior to arrival will receive a 50% refundLetters sent less than 21 calendar days prior to arrival will not receive a refundRegistration Confirmation, Experience UpdatesOnce you have completed your purchase, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box to in case any of your Experience email(s) are caught by spam filters.You will receive essential information for confirmed participants electronically at the email address and mailing address that you provided on your application form.In addition, you will also begin to receive the Talent Summit newsletters, if you were not previously on our mailing list.If you would like to opt-out of any of these benefits, please let us know.
The Organizer is committed to protecting the privacy of its attendees. Therefore, we will only share your data and personal information with our official partners, and never with any other third parties.
Disclaimer of Warranties,
Limitation of Liability
Neither TalentSpace nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from TalentSpace or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY TalentSpace (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TalentSpace (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) €100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold TalentSpace, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without TalentSpace’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Additional Employer Conditions using TalentSpace
TalentSpace provides employers with the service of finding qualified candidates swiftly and transparently and to reduce the cost and efforts associated with the recruitment process.If agreed upon beforehand, employers shall pay TalentSpace a commission for the successful hiring of candidates sourced through TalentSpace’s services.
The commission due from the employer to TalentSpace is payable immediately at the point in time at which a contract is concluded between the candidate and the employer. This is also the case if the contract between the employer and the candidate is concluded subject to fulfilment of condition/s;a contract with the employer is concluded within 18 months of conclusion of the recruitment process, regardless of the specific position on offer; orif the employer shall introduce the candidate to another person or another company within 12 months of conclusion of the recruitment process and the candidate is hired by the other person/company.If during the course of the recruitment process the employer hires several candidates identified via TalentSpace, the commission is payable for each candidate hired.The employer pays a one-off commission of 12.5 % of the candidate’s set annual gross salary as specified in the employment contract (‘set annual gross salary’). The set annual gross salary comprises the annual gross salary, the full variable component of the salary, all performance-based and annual premiums as well as any benefits which form part of the job offer. If an employer agrees a salary with the candidate which is lower than the market salary and offsets this by assigning stocks or company shares or (virtual) options, TalentSpace reserves the right to use as a reference figure the set annual gross salary originally offered to the candidate in the context of the recruitment process on the website. In the case of a service contract the set annual gross salary comprises the sum of all services charged by the candidate to the employer during the course of 18 months from conclusion of the recruitment process.
If the contractual work relation between the candidate and the employer subsequently lapses within three (3) months of the date of the contractually agreed start of work (e.g. notice or termination). In this case the employer is entitled to demand a refund of the entire sum of the commission paid, subject to the conditions precedent that:the employer has given notification of termination of contract in writing within 10 days of the contract coming to an end andthe contract has come to an end on personal or behavioural grounds.
The employer’s right of refund lapses (in the sense of a voiding provision), if the employer or another company connected with them as per §§ 15 ff. of the German Stock Corporation Act (AktG) has rehired the candidate within 12 months of the date of the end of the contract or if the candidate works in a freelance capacity in the context of a service contract for the employer or another company connected to them as per §§ 15 ff. of the German Stock Corporation Act (AktG).All fees are subject to the relevant legally required turnover tax/es.The invoice amount is payable immediately and without deduction within 14 days of receipt. Due payment on time shall be determined based on arrival of the funds in TalentSpace’s bank account. If the customer delays payment the sum due shall be subject to additional fees. After four weeks, the late payment fee will be 10% of the amount due, after 6 weeks the late payment fee will be raised to 20% of the amount due, and after 8 weeks it will be raised to 30% of the amount due. Latest after 10 weeks, the matter will be referred to TalentSpace’s legal team, which will lead to further costs.
Choice of Law; Arbitration.
These Terms are governed by and will be construed under the jurisdiction of the German Federal Republic. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the district court of Berlin Charlottenburg.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the TalentSpace may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TalentSpace agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TalentSpace, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TalentSpace, and you do not have any authority of any kind to bind TalentSpace in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and TalentSpace agree there are no third party beneficiaries intended under these Terms.