Terms & Conditions

These TalentFunnel Terms (“TF Terms”) form a part of, and are incorporated into, the TalentFunnel terms of service (the “Agreement”). By using TalentFunnel in any way, or by registering as a Candidate or an Employer onTalentFunnel, you agree to these TalentFunnel Terms and the TalentFunnel Terms of Service.

Any capitalized terms that are used but not defined in these TF Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate, the Employer or the Referrer, as per the context of the sentence.

1. Introduction

TalentFunnel is an online tool that allows TalentFunnel Employers (“Employers”) to connect with Candidate Job Seekers (“Candidates”). The term “Candidate” will refer to users of TalentFunnel who are seeking employment opportunities through TalentFunnel. The term “Employer” will refer to a company that is interested in hiring the Candidates through the TalentFunnel online tool.

Employers may choose to interview Candidates from the platform and conduct a hiring process with such Candidate if they wish. There is a charge for use of this tool to the Employers, as set forth below. There is no charge to Candidates who are represented on the Platform.

2. Applying to TalentFunnel

Candidate: In order to use TalentFunnel as a Candidate you must create TalentFunnel account and create a profile and apply. When applying to TalentFunnel, we may require you

to provide us with certain information including, but not limited to, your name, email address, phone number, skill set, salary requirements and geographic location and ask you to provide a video profile. We reserve the right, in our sole discretion, to accept or reject your application to use TalentFunnel. If you are accepted into TalentFunnel, we will notify you via email. Once you have been accepted, a member of the TalentFunnel Team (“Talent Acquisition Lead) may contact you by the email address or phone number you provided, and work with you to finalize your Candidate profile. The Talent Acquisition lead may continue to work with you throughout your time on TalentFunnel. If you are not

accepted into TalentFunnel, you will also be notified via email and your profile will be removed for our database. Please note that you TalentFunnel profile may be sent to Employers that TalentFunnel believes may be interested in you.

Employer:

In order to use TalentFunnel as an Employer you must also subscribe to one of our subscription plans. When applying we may ask you for additional information related to your company, including but not limited to, your name, email address, company URL, phone number and geographic location. Once subscribed you will be able to reach out to Candidates that are available in the TalentFunnel Platform.

3. TalentFunnel Platform

Candidates:

After a Candidate has applied and been accepted to TalentFunnel, he or she will be placed onto the Platform to be viewed in your own Employers area. Employers will then have the opportunity to engage with Candidates on the Platform. Candidates may receive emails from Employers informing them of their interest in the Candidate and providing them details about the job. TalentFunnel has no input into the Employer’s selection process. A Candidate may, but is not required to, respond to any Employer that has contacted him or her. All requests for interviews by Employers through TalentFunnel do not guarantee a final job or job

offer, or a job offer at any particular salary.

A new Candidate may be highlighted as “new” in the Talent Platform. At the conclusion of a certain number of weeks TalentFunnel may remove any candidate on the Platform, at any time, for any reason, at its sole discretion and, in such case, the Candidate may reapply through its Talent Acquisition lead for consideration to be reentered onto the Platform. The reapplication process is at TalentFunnel’s sole discretion, and not all re-applications will be granted.

Employers:

After an Employer’s application has been accepted by TalentFunnel, the Employer will be able to utilize the TalentFunnel platform in order to browse the Candidates in the Platform, communicate with these Candidates, and submit interview requests, or contact details requests to Candidates. Once an Employer has discovered a Candidate on TalentFunnel,

the Employer may make the contact with the Candidate through the TalentFunnel platform or directly. No contractual obligations are created for either the Candidate or the Employer through the use of TalentFunnel. The Candidate is not obligated to accept any offer provided to a Candidate from an Employer that contacts them through TalentFunnel. Additionally, offers or interview requests submitted by an Employer to a Candidate through TalentFunnel are not binding on the Employer. 

TalentFunnel’s Role:

TalentFunnel does not act as an employment agent by providing the TalentFunnel platform.

TalentFunnel merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising

from the use of TalentFunnel.  You understand that TalentFunnel does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for 

1.     conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and

2.     complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, or any similar laws

TalentFunnel is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not TalentFunnel receives a fee from the Employer in connection with the transaction. TalentFunnel will not be liable for any costs or damages arising out of or related to such transaction.

4. Fees and Refunds

Candidates:

TalentFunnel is free for Candidates.

Employers:

TalentFunnel uses a subscription model (“Subscription Model”) with its Employers, as of 1stAugust 2019.

The Subscription model offers two pricing plans (Engage, Engage & Transition) offering varying features.

The determination of which pricing plan an Employer falls into within the Subscription Model is made at Employers discretion. 

1. Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of time specified in any online pricing page (each subscription period to be

referred to as a “Term”), if applicable. Employers are responsible for taxes as applicable.

2. Unlimited hires may be made during any Term for the fee indicated on the TalentFunnel online pricing page.

3. All plans under the Subscription Model shall automatically renew for additional Terms. If you wish to cancel your Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be given for payment made during any Term.

4. Under the Subscription Model, payment is due upon sign up of the subscription.

6. Confidentiality

You agree to keep all information gained from using TalentFunnel confidential. 

You agree that 

1.     you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws;

2.     you will not disclose the names or identities or share the profile of any Candidates in any Platform outside of your recruiting or hiring department; AND 

3.     (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of TalentFunnel from loss, misuse, unauthorised access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through TalentFunnel.

You agree that by using TalentFunnel, TalentFunnel may call you at the phone number provided to TalentFunnel, including cell phone numbers. You further agree that TalentFunnel provides email proxy and relay tools to the users of TalentFunnel and that TalentFunnel may monitor, review, store and analyze your content (including your profile, applications, communications and responses) to provide you with personally relevant product

features, prevent fraud, reduce unwanted mail, and provide quality control.

7. Disclaimer and Limitation of Liability

TALENTFUNNEL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE CANDIDATE PROFILE INFORMATION THAT HAS BEEN PROVIDED TO TALENTFUNNEL IS VALID, THAT THE COMMUNICATION SENT BY AN EMPLOYER WILL REACH THE INTENDED

RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST. TALENTFUNNEL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION

NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER

LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO TALENTFUNNEL BY YOU FOR THE

TALENTFUNNEL TOOL GIVING RISE TO THE CLAIM

8. Indemnification

TalentFunnel Targeted Ads Terms

You agree to defend, indemnify and hold harmless TalentFunnel from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

(a) your violation of any term of this Agreement; 

(b) your use of, and access to, TalentFunnel; 

(c) your loss of, or disclosure of, information gained from using TalentFunnel; 

(d) your violation of any applicable laws during the hiring process, and any

applicable data protection laws; 

(e) your violation of any third party right, including without limitation any

copyright, property, or privacy right; or 

(f) any claim that your content caused damage to a third party. This

defense and indemnification obligation will survive this Agreement and your use of TalentFunnel. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to

requiring you to pay for our reasonable legal’ fees, court costs, settlements and disbursements.

9. Termination

We may suspend TalentFunnel, your account or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying TalentFunnel at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.