terms and conditions
These Terms and Conditions (hereinafter: Terms) is an agreement between you and SharkTalent Sàrl.
SharkTalent Sàrl provides Services. These Terms are our terms of service that governs our relationship with users and others who interact with SharkTalent.
By using or accessing the SharkTalent Services, you agree to these Terms. SharkTalent Sàrl reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on our website or by other reasonable means selected by us. Your continued use of our website after such changes will indicate your acceptance of such changes.
- By “Terms” we mean these Terms and Conditions.
- By ”SharkTalent Services” or “SharkTalent Service” or “SharkTalent” or “Services” we mean the services we make available through websites of SharkTalent Sàrl.
- By “websites” or “website” or “sites” or “site” we mean the websites of SharkTalent Sàrl.
- By “us,” “we,” and “our” we mean SharkTalent Sàrl.
- By “you” or “your” we mean you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access this website on behalf of a corporation or other legal entity, collectively, you and such corporation or other legal entity on whose behalf you access the website.
- By “post” we mean post on our website or otherwise making available using SharkTalent.
- By “content” we mean anything you or other users post, provide or share using SharkTalent Services.
- By “users” or “user” we mean Member(s) of SharkTalent and Visitor(s) of SharkTalent.
- By “Members” or “Member” we mean subscriber(s) of SharkTalent, being (a) Talent, (b) Recruiter or (c) Collaborator.
- By “Member type” we mean 1 of the 3 subscriber types, being (a) Talent, (b) Recruiter or (c) Collaborator.
- By “Visitors” we mean people that are not Member(s), but with whom Member(s) have shared content.
- By “Non-Member” or “Non-Members” we mean people that are neither Member(s) nor Visitor(s).
- By “Trademark” we mean the trademark SharkTalent including the SharkTalent logo.
We want users of SharkTalent to feel welcome. For that reason we have developed the SharkRules. The SharkRules are a code of conduct and will help you understand what the Do’s and Don’ts are on our website. The SharkRules are hereby incorporated into these Terms. By using the SharkTalent Services, you agree to be bound by these Terms including the SharkRules
If you are using our website on behalf of a corporation or other legal entity, you represent that you are authorized to accept these Terms on behalf of such corporation or other legal entity. Further, you acknowledge that you are 15 years of age or older, and, if under the age of 18, are using our website under the active supervision of a parent, legal guardian, or other responsible adult.
You can only become a member of SharkTalent if you reside in one of the following countries: Switzerland, a country that is part of the European Union, Australia, Canada, China, Hong Kong, Japan or the United States of America.
5. Enterprise solution
If a corporation or legal entity has more than 1 employee who is a member of SharkTalent and that corporation or legal entity has entered into an Enterprise Solution Agreement with SharkTalent, the following applies: you agree to require each of your employees who become a member of SharkTalent to be bound by these Terms and you agree to remain responsible and liable for all acts and omissions of your employees in connection with our website, including any breaches of these Terms. All references to your access and/or use of our website herein include access and/or use of our website by your employees. You agree that each of your employees is responsible for maintaining the confidentiality of any password that such employee may use to access our website, and you agree not to let any employee transfer a password or user name, or lend or otherwise transfer use of or access to our website, to other employees or any third party. If an employee leaves your employ, or if you wish to disable an employee’s access to our website, you are responsible for any such changes. You are fully responsible for all interaction with our website that occurs in connection with passwords or user names associated with your employees (including any former employees).
By uploading, posting, publishing or otherwise transmitting content to SharkTalent, you acknowledge that such content is non-confidential and automatically grant to SharkTalent Sàrl a perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, sublicensable right and license to use, publish, display, transmit, distribute and editing (for instance by adding our tradename and logo on the content) such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this article.
We always appreciate your feedback or other suggestions about SharkTalent, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
We do our best to keep SharkTalent safe, but we cannot guarantee it. We need your help to keep SharkTalent safe, which includes the following commitments by you:
- You will not post unauthorized content on SharkTalent.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use SharkTalent to do anything unlawful, fraudulent, misleading, malicious or discriminatory or anything else that gives rise to any criminal or civil liability.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of SharkTalent, such as a denial of service attack or interference with page rendering or other SharkTalent functionality.
- You will not facilitate or encourage any violations of these Terms.
9. Registration and Account Security
SharkTalent users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on SharkTalent, or create an account for anyone other than yourself. You represent and warrant that any information that you provide in connection with your use of our website is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.
- You will not create more than one personal account per Member type.
- If we disable your account, you will not create another one without our permission.
- You will not use SharkTalent if you are under 15. Further, you acknowledge that you, if under the age of 18, are using our website under the active supervision of a parent, legal guardian, or other responsible adult.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
10. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will only post content that relates to yourself. You will not post content or take any action on SharkTalent that infringes or violates someone else's rights or otherwise violates the law.
- You will not copy, duplicate, multiply, reproduce, video tape content that is available on SharkTalent, and publish or make available that content outside the SharkTalent website without the consent of the owner and of the maker of that content.
- We can remove any content or information you post on SharkTalent if we believe that it violates these Terms.
- You will not use our Trademark or copyrights or any confusingly similar marks, except with our prior written permission.
If you purchase a SharkTalent Service or SharkTalent Services, fees and taxes will be applicable. SharkTalent Sàrl may offer SharkTalent Services at no charge during a fixed free trial period. If a fixed free trial period is offered, then you can only make use of the free trial period once.
The fees are in Swiss Francs (CHF), Euros (EUR) and US Dollars (USD). If you reside in Switzerland the fees in CHF apply. If you reside in a country that is part of the European Union the fees in EUR apply and if you reside in Australia, Canada, China, Hong Kong, Japan or the United States of America the fees in USD apply. The different fees can be found on SharkTalent. SharkTalent Sàrl reserves the right to change these fees.
You should be aware that charges for internet use may apply at rates determined by your provider if you access our website.
12. Payment terms
If you purchase a SharkTalent Service or SharkTalent Services, then these payment terms apply to your purchase and you agree to them.
- You agree to pay us the applicable fees and taxes. Taxes are calculated based on the billing information that you provide us at the time of purchase.
- Your purchase may be subject to foreign exchange fees or differences in prices based on location.
- You authorize us continue billing your payment method even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- SharkTalent Sàrl will not retain any of your payment credentials. All online payments to SharkTalent and supplied payment method are transmitted through the third party Payment Service Provider Adyen B.V.
- After your payment is completed you will receive a copy of your invoice in your personal documents section on our website.
- Unless otherwise provided by law, all purchases are final and non-refundable. If you believe that SharkTalent Sàrl has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
- You may cancel a SharkTalent Service or SharkTalent Services at any time, with or without cause. You will not be entitled to a refund and you may be obligated to pay cancellation charges.
- From time to time, SharkTalent Sàrl may offer SharkTalent Services at a lower price than the normal price. SharkTalent Sàrl reserves the right to charge you for such SharkTalent Services (at the normal rate) in the event that we determine (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
If anyone brings a claim against us related to your actions or content on SharkTalent, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on SharkTalent and are not responsible for the content users transmit or share on SharkTalent. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on SharkTalent. We are not responsible for the conduct, whether online or offline, of any user of SharkTalent.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of SharkTalent to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: 1, 2, 5, 6, 8, 9, 10, 13 – 18.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or SharkTalent exclusively in Switzerland, and you agree to submit any claim, cause of action or dispute to the courts in Switzerland for the purpose of litigating all such claims. The laws of Switzerland will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
The links in our website will let you leave our website. The links are not under the control of SharkTalent Sàrl and SharkTalent Sàrl is not responsible for the content of any links. SharkTalent Sàrl is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sharktalent Sàrl of any links. You agree that your use of third party links and resources is at your own risk and is subject to the terms and conditions applicable to those links.
17. Disclaimer of warranties and limitation of liability
The information contained in our website is for general information purposes only. The information is provided by SharkTalent Sàrl and while we aim to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Reasonable effort will be made to keep the website up and running smoothly. However, SharkTalent Sàrl takes no responsibility for, and shall not be liable for, the website being temporarily unavailable due to technical issues, especially in the case of an interruption of power supply or a hardware or software failure. The same applies in the case our website is temporarily unavailable due to a system overload, the integrity and security of our website and the implementation of necessary technical measures and maintenance.
SharkTalent is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these Terms or SharkTalent, even if we have been advised of the possibility of such damages.
In no event will we be liable for any loss, cost or damage including without limitation, indirect or consequential loss or damage, or any loss, cost or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of our website.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, SharkTalent's liability will be limited to the fullest extent permitted by applicable law.
- These Terms makes up the entire agreement between the parties regarding SharkTalent, and supersedes any prior agreements.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Recruiter - as a Member of SharkTalent - agrees that the name and standard logo of the company that Recruiter represents may be included by SharkTalent on the SharkTalent client list, on the SharkTalent website and in SharkTalent's sales materials. SharkTalent shall be entitled to use said list and website freely in its commercial efforts. Any other use of the Recruiter's name, logo or information shall only occur with Recruiter's prior written approval which Recruiter may withhold in its discretion.
- Nothing in these Terms shall prevent us from complying with the law.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing SharkTalent.
- You consent to having your personal data and content transferred to and processed in Switzerland and/or any country in the European Union.
- These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version prevails.
To access these Terms in Dutch, French, German or Italian, change the language setting for your SharkTalent session by clicking on the language link on the top of most pages.