Terms & Conditions

1.0 Legal notice

ATTENTION: This legal notice applies to the entire contents of this BeTalent Platform and Website and to any correspondence between Zircon Talent, its agents and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. This notice is issued by Zircon Talent Limited trading as BeTalent.

General

Access to and use of the Platform and Website, and the information and search services available through the Website, is subject to these terms and conditions of use (the "Terms of Use"). By accessing any part of this Website, you are agreeing to these Terms of Use in full. If you do not accept these Terms of Use in full, you must leave this Website immediately.

These Terms of Use in conjunction with the Data Protection Notice, our applicable Standard Terms & Conditions and Privacy Policy prevail over any other terms of use in any other document or order that you place or other terms which may be implied in any way. No variation of these Terms of Use shall be effective unless agreed in writing between you and us.

We may revise these Terms of Use at any time by updating this posting. You should check this Platform and Website from time to time to review the then current Terms of Use, because they are binding on you. Certain aspects of these Terms of Use may be superseded by expressly designated legal notices or specific terms located on particular pages of this Website.

Any typographical, clerical or other error or omission in the Platform, Website or in any of our emails shall be subject to correction without any liability on our part.

Warranties and disclaimers

While we endeavour to ensure that the information on this Platform and Website is correct, we do not warrant the accuracy or completeness of the material on this Platform and Website. We also do not warrant that this Platform and Website, or websites which are linked with this Website, are free from computer viruses or any other malicious or impairing computer programs. We may make changes to the material on this Website or to any services, products or prices described in it, at any time without notice.

The material on this Platform and Website may be out of date, and we do not make any commitment to update this material.

The content, information and material on this Platform Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you this Website on the basis that we exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms of Use may have effect in relation to this Website, except where these have been expressly warranted.

Intellectual property and contents

The copyright and other intellectual property rights in all content and material on this Website (including without limitation photographs, logos, trademarks and graphical images) are owned by Zircon Talent, its affiliate or subsidiary companies or its licensors, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms of Use are reserved.

No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.

Use of any extracts from this Website is prohibited. In particular, you are not in any event permitted to:

• publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website;
• use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise;
• modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website.

If you breach any of these Terms of Use, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

Service access

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor material and conduct

Other than personally identifiable information which is covered under the Privacy Policy, any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We (and our designees) will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licences to enable us to do so.

Zircon Talent may anonymise and/or aggregate your personal information and keep that information indefinitely for the purposes of improving our services and analysing and establishing norm groups, research and benchmarks. We may share this anonymised and aggregated information with current and future clients and research partners.

• You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
• which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party anywhere in the world;
• that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
• for which you have not obtained all necessary licences and/or approvals;
• which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
• which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website;
• which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".

We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms of Use.

You shall fully indemnify Zircon Talent from time to time (which means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 1159 of the UK Companies Act 2006), our officers, directors, employees, shareholders affiliated companies including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in the above paragraph.

Links to and from other websites

Any links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.

If you would like to create a link to this Website, please contact us first at sarah.linton@zircon-mc.co.uk to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

• you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
• you do not create a frame or any other browser or border environment around this Website;
• you do not in any way imply that we are endorsing any products or services other than our own;
• you do not misrepresent your relationship with Be Talent, nor present any other false information about us;
• you do not otherwise use any trademarks and trading names displayed on this Website, including Be Talent, without our express prior written permission;
• you do not link from a website that is not owned by you;
• your website does not contain content that is distasteful, offensive, controversial or, in our opinion, is or is likely to be detrimental to our reputation, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke any right which we grant to link to the Website at any time including without limitation for breach of any of these Terms of Use, and to take any action that we deem appropriate.

You shall fully indemnify Zircon Talent, our officers, directors, employees, shareholders, affiliated companies, including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in this paragraph entitled "Links to and from other websites".

Registration

Where you register to use this Website, each registration is for a single user only. We do not permit you to share your username and password with any other person, nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Liability

We and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation, negligence, contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in this legal notice shall exclude or limit our liability for:

• death or personal injury caused by negligence (as such term is defined by the UK Unfair Contract Terms Act 1977); or
• fraud; or
• misrepresentation as to a fundamental matter; or
• any liability which cannot be excluded or limited under applicable law.

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Governing law and jurisdiction

These Terms of Use and all matters arising out of or relating to them are governed by English law. You agree that any dispute, claim or other matter which arises out of or in connection with these Terms of Use, and any use of this Website will be dealt with in the English courts only.

Contact information

We are always pleased to hear from you. All comments, queries and requests regarding our services are welcomed.

You can either send an email to sarah.linton@zircon-mc.co.uk or alternatively you may write to us at your local Be Talent office which you will find on our Website under Contact.

Translations of the Zircon Talent Website Terms of Use into languages other than English are provided for information and convenience. For the definitive and binding version, please refer to the English language version which shall prevail in the case of any discrepancies between it and the translated versions.

Miscellaneous

If any provision of these Terms of Use is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.

Any notice required or permitted to be given by us to you shall be made by email in accordance with the details that you have submitted to us. Any notice that you give to us shall be sent to our address, in writing.