These Terms and Conditions govern your use of the Davies Talent Solutions website at https://talent.davies-group.com/ (“Site”) and your relationship with Davies Talent Solutions (“Davies Talent Solutions”, “We” or “Us”).
Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use the Davies Talent Solutions Site. If you have any questions on the Terms and Conditions, please contact: firstname.lastname@example.org
If you are seeking to instruct Davies Talent Solutions for the provision of recruitment services, our standard terms and conditions shall apply (copy available upon request).
2. Use of the Davies Talent Solutions website
3. Information about us
3.1 https://talent.davies-group.com/ is a Site operated by Us. Davies Group Limited is a company registered in England and Wales under company number 06479822 and has a registered office at 5th Floor 20 Gracechurch Street London, England, EC3V 0BG.
3.2 You can contact us at the following email address: email@example.com
4. Changes to these terms
4.2 Please check this page from time to time to take notice of any changes we may make, as they are binding on you.
5. Changes to our Site
5.1 We may update our Site from time to time and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
5.2 We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
6. Accessing our Site
6.1 Our Site is made available free of charge. You may be required to pay to access some features of our Site or some of our services and you shall be informed at the time of purchasing such access or services of the terms relating to such purchases.
6.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
6.3 You are responsible for making all arrangements necessary for you to have access to our Site.
6.4 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
7. Terms of website use
7.1 You may use our Site and services only for lawful purposes. You may not use our Site and/or services:
7.1.1 in any way that breaches any applicable local, national or international law or regulation;
7.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
7.1.3 for the purpose of harming or attempting to harm minors in any way;
7.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
7.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
7.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.2 You also agree:
7.2.1 not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these Terms; and
7.2.2 not to access without authority, interfere with, damage or disrupt:
(a) any part of our Site;
(b) any equipment or network on which our Site is stored;
(c) any software used in the provision of our Site; or
(d) any equipment or network or software owned or used by any third party.
7.3 All material which you contribute, upload, submit, display, publish or post to our Site (“Contributions”) shall:
7.3.1 be accurate (where they state facts);
7.3.2 be genuinely held (where they state opinions); and
7.3.3 comply with applicable law in the UK and in any country from which they are posted.
7.4 Contributions must not:
7.4.1 contain any material which is defamatory of any person;
7.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
7.4.3 promote sexually explicit material;
7.4.4 promote violence;
7.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.4.6 infringe any copyright, database right or trademark of any other person.
7.4.7 be likely to deceive any person;
7.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.4.9 promote any illegal activity;
7.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
7.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
7.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
7.4.13 give the impression that they emanate from Us, if this is not the case; or
7.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8. Your account and password
8.1 In order to access some features of our Site and/or services, you may be required to create an account and profile. Profiles may include personal information and users may make these profiles, or aspects of them, public and available for other users of our Site to access. When creating your account, you must provide accurate and complete information and comply with these Terms at all times.
8.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures for your account and/or for access to our Site and/or services, you must treat such information as confidential. You must not disclose it to any third party. You may never use another person’s account with their permission. You are solely responsible for the activity that occurs on your account.
8.3 You must notify Us immediately of any breach or suspected breach of security or unauthorised use of your account at firstname.lastname@example.org.
8.4 We have the right to disable any account, profile, user identification code or password, whether chosen by you or allocated by Us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
9. User Content
9.1 You are solely responsible for all your contributions to our Site which shall include, without limitation, data, text, software, music, sound, photographs, graphics, videos, advertisements, messages or other material.
9.2 Any Contributions to our Site will be considered non-confidential and non-proprietary and will comply at all times with these Terms. You retain all of your ownership rights in your contributions (and remain responsible for protecting those rights), but you grant us and other users of our Site a limited licence to use, store and copy your contributions and to distribute and make them available to third parties for the purposes of providing the services. You hereby grant Us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use, reproduce, adapt, distribute and publish your contributions in any reasonable manner in connection with the provision of the services, subject always to any restrictions on use which we have agreed with you as part of the registration process or otherwise.
9.3 You acknowledge that as part of the services a copy of contributions (or relevant parts thereof) may be displayed, published or transmitted over the internet or otherwise to employers and/or other users of the services (subject always to any restrictions on use which we have agreed with you as part of the registration process or otherwise) and you fully agree that we have no control over and assume no responsibility or liability for the employer’s or other third party’s use of the contributions.
9.4 Your contributions and communications with other users of our Site must comply at all times with these Terms and we retain the right to refuse to permit any of your contributions for any reason at our sole discretion.
9.5 You represent and warrant to Us that you have the right to grant the licences stated above and that your contributions shall at all times comply with these Terms and you hereby agree to indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we may suffer as a result of your breach of this warranty.
9.6 We have the right to disclose your identity to any third party who is claiming that any of your contributions constitutes a violation of their intellectual property rights, or of their right to privacy.
9.7 We will not be responsible, or liable to any third party, for the content or accuracy of any of your contributions.
9.8 We (or our third-party partners) maintain a copy of the contributions on hosting servers for secure access by you, Us and permitted employers and third parties only. You acknowledge and agree that we may use third parties and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to operate the Site and provide the services.
9.9 Use of Our video services are optional and voluntary. Should you wish to use our video features, you do so in accordance with these Terms. All videos created by you as part of the services shall be treated to be contributions for the purposes of these Terms. You consent to our use of the video recordings for the purposes of the services and the licence granted to Us to make use of your contributions shall extend to streaming, broadcasting, reproducing, transmitting, publishing, displaying or otherwise disseminating your name, appearance, likeness, voice and speech forming part of your video recording (either in real time or as embodied in the video recording) for the purposes of providing the services and subject always to any restrictions on use that we have agreed with you as part of the registration process or otherwise. The foregoing shall include providing video recordings to employers who may pass your video recording to third parties who may or may not be users of our Site and/or services.
9.11 If you share any contributions of any user of our Site with a third party, you will take all reasonable steps to ensure that such third party is aware of these Terms and that they shall only use such contributions in accordance with these Terms. You accept responsibility and shall be held liable for the actions of any third party with whom you share such contributions which are in breach of these Terms.
9.12 In the event that your contributions are shared with third parties who are not users of our Site and who are not bound by these Terms, these parties may not act in accordance with these Terms. We take reasonable steps to ensure that any user of our Site who has access to your contributions adheres to these Terms and only for reasons connected with the recruitment process however, We cannot control the actions of all users (and any third parties with whom they share your contributions) of our Site and we bear no liability for the use of your contributions by other users and such third parties.
10. Use of our content and software
10.1 Subject to these terms, we authorise you to access and use our Site and our designs, text, graphics, images, videos, information, logos, software, audio files, and other content belonging to us on our Site (our “content”). You may download and print our content for your own personal, non-commercial use only.
10.2 We are the owner or the licensee of all intellectual property rights in our Site and our content. Our content is protected by copyright laws, trademark laws and treaties around the world. All such rights are reserved.
10.3 You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use our content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
10.4 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. You agree that you shall not modify or sell our content or reproduce, display, publicly perform, distribute or otherwise use our content in any way for any public or commercial purpose.
10.6 As part of the Site and services we may make software accessible to you. In that event, we agree to provide you with a limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable licence to use such software subject to these Terms and any third party licence terms of which We notify you from time to time. You may not use the software for anything other than as intended by Us in connection with your use of the Site and/or the services. You may not use the software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Us are hereby reserved. You agree not to take any action to interfere with our ownership of or rights in the software. You agree that you will not: (a) reproduce, republish, display, frame, download, distribute, or transmit the software, (b) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the software, (c) modify or create any derivative works based on the software, including customisation, translation, or localisation, (d) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner the software (or part thereof), (e) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the software, or the underlying ideas or algorithms of the software, (f) attempt to gain unauthorised access to the software or to any account, application, platform, computer system or network associated with the software, or (g) use the software in any way that violates these Terms.
11. No Reliance on information
11.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
11.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
11.3 By using our Site and/or the services, you may be exposed to other users’ or third-party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review or filter content unless legally required. You agree and acknowledge that we are not responsible for other users’ or third-party content or information or for any damage of any kind incurred as result of your reliance thereon.
12. Indemnity and limitation of our liability
12.1 To the extent permitted by applicable law you agree to indemnify and hold harmless Us and our directors, officers, employees and representatives from and against all claims, actions, damages, losses, costs (including reasonable legal fees) and liabilities arising out of or related to your use of the Site and/or the services or a breach of these Terms provided always that you shall not be responsible for any matter to the extent that it arises from our negligence or wilful misconduct.
12.2 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. As an individual user this does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
12.3 To the extent permitted by law, except as expressly stated otherwise in these Terms we exclude all conditions, warranties, representations or other terms which may apply to our
services, Site and any content on it, and your use of the same.
12.4 For the avoidance of doubt, if you are a business user, please note that in particular, we will not be liable for:
12.4.1 loss of profits, sales, business, or revenue;
12.4.2 business interruption;
12.4.3 loss of anticipated savings;
12.4.4 loss of business opportunity, goodwill or reputation; or
12.4.5 any indirect or consequential loss or damage.
12.5 If you are an individual user, you agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
12.7 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an “Event Outside Our Control” (as after defined).
12.8 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.9 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
12.9.1 We will contact you either by email or by displaying a notice on our Site to notify you; and
12.9.2 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of services to you, we will restart the services as soon as reasonably possible after the Event Outside Our Control is over.
12.10 Our Site and/or services may contain links to third-party websites that are not owned or controlled by Us which may be posted by Us or by other users of our Site. These links are provided for convenience purposes and such links should not be interpreted as endorsement by us of those linked websites. We accept no responsibility or liability for the content, privacy policies, or practices of any third-party websites. We shall not be liable for any loss or damage that may arise from your use of them.
13.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
13.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
13.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
14. Linking to our Site
14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3 You must not establish a link to our Site in any website that is not owned by you.
14.4 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
14.5 We reserve the right to withdraw linking permission without notice.
14.6 The website in which you are linking must comply in all respects with the content standards set out in these Terms.
14.7 If you wish to make any use of content on our Site other than that set out above, please contact email@example.com
15. Applicable law
15.1 If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
15.2 If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
16.1 Nothing in these Terms shall be deemed to confer any rights on any third party.
16.3 These Terms and any rights and licences granted hereunder may not be transferred or assigned by you but may be assigned by Us, without restriction.
16.4 If any provision (or part thereof) of these Terms shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of these Terms shall not be affected and shall remain in full force and effect to the extent allowed by law.
16.5 The waiver by either party of a breach or a default of any provision of these Terms by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
17. Contact Us
17.1 To contact us, please email firstname.lastname@example.org