User Agreement and Terms of Service
This User Agreement (“Agreement”) describes the terms and conditions on which you agree upon to use our Website and our Services. We have incorporated by reference all linked information. We may amend this Agreement and any linked information from time to time by posting amended terms on the Website. If you receive services in a paid version or a free trial, this Agreement defines the terms.
Talscreen LLP.(Talscout”), a LLP located at , owns and offers to its customers proprietary technology and professional services through its video interviewing platform, including any related mobile applications.
Talscout is not a recruiting or an employment company or employment agency of any kind. Talscout does not promise, recommend, or approve of any job offer, regardless whether it is permanent or on a contract basis. Talscout only facilitates a common platform where freelancers offer their interviewing skills to assist clients with their hiring processes. Talscout is not a joint employer of any kind, and has no employment relationship with the freelancers, clients, and/or candidates.
Subject to the terms and conditions of this Agreement, Talscout provides to buyers and service providers a Web based technology platform facility which include recording, viewing, hosting and maintaining, enabling business transactions between parties, and guarding quality assurance measures.
2. Definitions in This User Agreement
“Account” accessing Talscout.com by creating a username and password and clicking an acceptance box.
“Assignment” or “Interviewing Assignment” refers to the task performed or interviewing service provided by the freelancer in exchange for an agreed monetary amount of pay per interview or as agreed upon between the parties involved.
“Candidate” or “Interviewee” is the person who will be interviewed by the interviewer to evaluate the candidate’s technical skills.
Talent Scorecard is a written report which includes ratings of individual technology skills of a candidate.
“Client” or “Buyer” refers to the person or entity who is assigning a candidate to the freelancer for the purpose of being interviewed and obtaining feedback on the candidate’s technical skills, in exchange for an agreed upon monetary amount of pay.
“Talscout.com”, “Talscout”, “We”, “Us” or “Our” means Talscreen LLP.
“Freelancer” or “Service Provider” means freelancer who has signed up on Talscout to provide interviewing service to Talscreen or to Talscreen’s clients.
“Platform” is the on-demand marketplace facilitating the introduction and transactions of Screeners looking for freelance work and Clients seeking a third-party evaluation of a Candidate’s technical skills, to be completed by Screeners.
“Screening” review of a Candidate’s technical skills for a client’s specific job opening.
“Sessions” utilization of audio or video streaming and recording of approximately one hour or less.
“Service Contract” business transactions between Clients and Freelancers facilitated through the Talscout marketplace.
“You”, “Your”, or “User” collective reference to Candidates, Freelancers, or Recruiters accessing the Talscout site for purposes of technical interviewing.
The Scope will cover the entire gamut of Interview platform services, and you are required to read the agreement in full You will be deemed to have accepted the terms and condition once you access or use the platform even once. Any repeated usage will be covered as acceptance of this engagement based on the first access or usage of the platform. Talscout access or usage can be either through a website or mobile app available on Android and iOS, or both.
Upon creating a username and password on the site (“Account”) and clicking the acceptance box, and populating and electronically signing the Agreement, You agree to abide by these terms and conditions of the Agreement. If you do agree to the terms and conditions please do not tick the acceptance box and confirm.
By accepting the terms and condition you also confirm that you are authorized to bind yourself or the Company/Partnership or any other form of organization. Further you also confirm that
You are over the age of 18 Years.
Should You represent a business other than one You own, You represent and warrant to Talscout that you have authority to enter into agreements on behalf of said business, and that necessary Board resolution is in place to execute this agreement.
Account registration indicates acceptance of financial obligation towards Talscout’s services.
You are obligated to provide details required by Talscout to facilitate Interview Assignments between all parties, on Your behalf unless such obligations are prohibited under applicable laws.
Persons barred from receiving and rendering services under the laws of the Republic of India or other applicable jurisdiction shall not apply for an Account.
Requests to cease electronic communication will result in revocation of your account. It is your responsibility to keep your email address up-to-date with Talscout through your user profile or contacting the Talscout support team.
False profile or screening information will result in termination of any Account, regardless whether the instance was mistaken or intentional. Users are allowed one Account. Users, however, may be eligible to upgrade their account to varying levels upon written request to the admin. Talscout will verify Users identity from time to time, and requests for information from you for this purpose must be provided on a timely basis. We reserve the right, in our absolute discretion, to refuse to register a person or corporate entity as a User.
You are required to furnish your own current hardware and software to access Talscreen’s website.
5. Purpose of the Site
Talscout Platform facilitates transactions between Freelancers and Clients for the sole purpose of Interviewing Assignments.
Candidates access the Platform as a result of transactions between a Buyer and a Service Provider.
Sessions are conducted for a fee set by the individual Service Provider whose responsibility is to contribute meaningful feedback to the Buyer pertaining to the technical skills of an Interviewee. Feedback is provided in the form of a Talent Scorecard (Report)
The product resulting from transactions on the Platform is a Session archive and a Talent Scorecard, which are both considered to be hiring-related files which we protect using industry best practices and in accordance with the law of the land with regard to record keeping.
6. Our Responsibilities
All reasonable efforts shall be made to keep the Platform available 24/7, except for planned maintenance and circumstances beyond Our control. If confront any problem with our site or should you have any query relating to the platform, please contact Us immediately for a resolution. Technical and customer support for accessing Services is provided by email, phone, and online chat as published on the website. Talscout will not share contact details of any User with any party outside of the Platform, which is not required for an Interview Assignment.
Talscout does not take any responsibility for any misuse of data as long as the same is accessible by the user and or otherwise.
7. User Responsibilities:
You shall be responsible for obtaining and paying for hardware, software, and an Internet/data connection required to participate in the Services.
If you enable third-party applications to interface with Your Talscout Account, You understand the third-party may have access to Your data as required for requested information to be shared.
We have no responsibility for data mishandled by You or third party parties. Users are to promptly notify Us of any unauthorized or illegal access to or use of Services.
All users agree not to attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used in connection with the Talscout website.
You agree not to distribute viruses or any other technologies that may harm the interests or property of Talscout users (including their Intellectual Property Rights, privacy and publicity rights).
Additionally, harvesting or otherwise collecting information about other Users, including email addresses, is strictly prohibited.
Users must refrain from taking any action that may undermine the feedback or reputation systems designed for use with Our Site.
Attempts to circumvent our fee structure or the billing process are immediate grounds for your Account to be terminated and could be grounds for further legal action.
Talscout will not share Candidate, Buyer, or Service Provider contact information with any party outside of the Platform, which is not required for an Interview Assignment or subsequent Candidate Evaluation Report, unless required by law.
When the platform is offered free for usage than Talscout will have the right to own the record generated and same can be used by Talscout for any purpose that Talscout may deemed necessary.
Contact details for Candidates are furnished by Clients. These details are utilized to communicate with Candidates about further completing their Talscout profile and schedule of availability, uploading their resume for review by the Screener, receiving reminders for their upcoming technical screen, and conducting a technical check of audio/video components of their desktop computer or mobile device.
Candidates understand We retain audio/video recordings of Sessions conducted at the request of Clients for a minimum of 3 month.
From time to time, Talscout may communicate with Candidates (and User hereby authorizes Talscout to do so) registered on the Platform for other purposes, such as their interest in becoming a Freelance Interviewer.
Clients can be independent recruiting professionals, corporate internal recruiters, agency employed recruiters, or staffing/recruiting agency directors/owners.
If your registration was on behalf of a company, Your permitted Users are required to have an email address with the same domain name as set forth in the email address You provided. If you registered to use Services in an individual capacity, You are the only permitted User and may not allow another individual or entity to use Your Account.
Upon creating a job opening within the Talscout Platform, Clients should provide all known details within the input forms as well as upload a copy of the job description or requisition.
Clients are required to provide the first and last name, email address, and phone number of all job Candidates to be screened, and have permission to do so. Clients are not authorized to share Candidate information with any third parties unless the Candidate provides written pre-authorization to the Clients to do so.
Talscout will not share with any other Clients any information relating to external interviewers invited by Clients to participate in Sessions.
From time to time, Talscout may communicate with Your external interviewers inputted into the Platform for other purposes, such as requesting whether the external interviewers have an interest in becoming a Freelance Interviewer.
Clients are solely responsible for their recruitment policies and procedures, and their selection of any Candidates for interviews and/or employment.
Clients agree that Talscout is not a joint employer or partner of any kind.
Talscout does not take any responsibility for client confidential information nor accept any responsibility for the security of transmitting any and all information in/through the platform.
Consultants understand completion of an Interviewer profile is required to be considered for an Interviewing Assignment.
Consultants agree not to post false, inaccurate, misleading, defamatory or offensive content at the Platform.
Consultants will ensure they are available to take up interview as per agreed scheduled and do confirm that they will come prepared and will conduct the interview in a professional manner. Further it is confirmed that the Consultants will be fully responsible for conducting of interview and providing necessary feedback as per the requirement, to the best of his/her ability based on the content of the Session and supporting documentation available at the time of the Interview.
Consultant agree not to discriminate on any basis prohibited by law, including race, color, sex, pregnancy, age, religion, national origin, disability, veteran status, marital status, sexual orientation, genetic information, or any other basis prohibited by law.
Consultants agree not to indulge any wrong practice that might results in distortion or falsification of candidate professional status.
Consultant hereby undertake not to share any information about the Candidate, client or any contact detail or any feedback or content of Candidate Interview process, which are obtained during candidate evaluation process or otherwise.
8. Service Contracts
It is clearly understood by both Freelancers/Consultants and Client that Talscout provides Platform for Clients and Interviewers to facilitate business transactions pertaining to the technical screening of Candidates. By clicking on accept to the terms and condition, Freelancers/Consultants and client are bound by the terms and condition, and there will not arise any need to sign any contract outside of this, hence this will be construed as the Service Contract for the purpose of any engagement.
Further by accepting to the terms and condition under no circumstances will amount to employment relationship between Talscout, Client and Freelancers/Consultants.
For usage of the platform Client hereby agree to buy the sessions in advance by paying amount as per the rate card, and Talscreen will automatically lock out the session once the number of sessions paid for is exhausted.
Client also agrees to pay the Freelancers/interviewers as per the agreed terms and will not hold back payment for any reason. Further Client agree to maintain an escrow account with Talscout, which can be used for payment to Freelancers/Consultants based on Client Confirmation.
Any disputes pertaining to Service Contracts, should be directed to Talscout for resolution within 5 business days from the scheduled interview. If any undisputed amount owed by Client under this Agreement goes unpaid, Talscout will give the Client at least 7 business days’ notice prior to a Client account being suspended.
Any concern by Client/Candidate/Consultants with regard to fees or any other query will have to raised immediately after completion of each session.
Please note that Talscout reserves the right to charge interest at the rate of up to eighteen percent (18%) per year on past due and unpaid accounts.
10. Confidentiality & Proprietary Rights
License: Talscout reserves all rights, title, and interest in the Platform and Screening Services, including without limitation, all related intellectual property. Users rights are limited only to the usage of the platform, and enhancement made based on the user feedback will remain as the property of Talscout, and at no point in time the current or future rights are transferable or deemed transferable to the users.
Derivative Work: Creation of derivative works based on Talscout Services is expressly prohibited as is copy of any features or functions of the Service.
Data Ownership: Only upon payment for the platform usage and Interview session the ownership will be passed on to the client, otherwise the data ownership will be the sole property of Talscout.
Confidentiality: Pursuant to this Agreement and/or the use of the application and Platform, Clients/Candidates/Consultants and Talscout may have access to and disclose to one another non‐public, confidential or proprietary information, including, but not limited to, technical processes, trade secrets, functional and technical specifications, analysis, research, processes, computer programs, algorithms, methods, ideas, “know how,” and other technical information, materials, CERs, projects, and other business information (“Confidential Information”). However, Clients/Candidates/Consultants and Talscout may not disclose any Confidential Information to any third parties; provided, however, that Confidential Information does not include any data or information which a recipient can demonstrate was (a) publicly known through no fault or breach of this Agreement by the recipient; (b) already known to the recipient (by means not in violation of this Agreement) prior to disclosure to the recipient by the disclosing party; (c) lawfully disclosed by a third party; (d) independently developed without reference to the Confidential Information; or (e) disclosed pursuant to legal requirement or order. Clients/Candidates/Consultants and Talscout will protect all Confidential Information with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information but in no event less than a reasonable degree of care. The confidentiality obligations of each Client/Candidate/Consultant and Talscout shall survive Terms termination for a period of 1( One) year.
Intellectual Property Rights Infringement: Any infringement of IP Right has to be communicated in writing to the parties directly involved and should be notified through mail in the addressed specified in the website.
Data Protection: The data will be stored either in cloud or dedicated server which will be safeguarded both physically and technically, and we will exercise all measures to keep it protected to the best of ability.
We hereby confirm that we will not modify your account profile, modifications to job details, candidate contact information, and interview reports. We will be accessing data only for the sole purpose of rendering an effective services to our clients.
IS IT UNDERSTOOD BY CLIENT/CANDIDATE/CONSULTANT AND CONFIRM THAT TALSCREEN DOES NOT HAVE ANY RESPONSIBILITY TOWARDS ITS CLIENT’S/CANDIDATE’S/CONSULTANT’S USE OF THE APPLICATION, PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY INFORMATION PLACED THEREON BY SOMEONE OTHER THAN TALSCREEN OR INCLUDED IN ANY CANDIDATE EVALUATION FORM. CLIENT/CANDIDATE/SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT TALSCOUT IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RELATED TO ANY SYSTEM ERRORS OR DEFECTS, OR INTERRUPTIONS AFFECTING THE APPLICATION, PLATFORM AND SERVICES. CLIENT/CANDIDATE/SERVICE PROVIDER UNDERSTANDS THAT THE APPLICATION, PLATFORM AND SERVICES MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF CIRCUMSTANCES BEYOND TALSCREEN’S CONTROL. CLIENT/CANDIDATE/CONSULTANT ACKNOWLEDGES AND AGREES THAT TALSCREEN RETAINS THE RIGHT TO MODIFY, ALTER OR SUSPEND THE APPLICATION AND SERVICES AT ANY TIME WITHOUT NOTICE.
THE APPLICATION, PLATFORM AND SERVICES ARE PROVIDED TO CLIENT/CANDIDATE/CONSULTANT “AS IS, WHERE IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, TALSCREEN AND ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS: (A) DO NOT WARRANT THE ACCURACY, COMPLETENESS, COMPREHENSIVENESS OR CURRENCY OF THE APPLICATION, PLATFORM OR SERVICES, THE CONTENT PROVIDED THEREON OR THE CANDIDATE EVALUATION REPORTS; AND (B) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. CLIENT/CANDIDATE/CONSULTANTS ARE INSTRUCTED TO USE TALSCREEN’S APPLICATION, PLATFORM AND SERVICES AT THEIR OWN RISK. TALSCREEN MAKES NO WARRANTY OR GUARANTEE THAT THE APPLICATION, PLATFORM OR SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM A PARTICULAR LOCATION, SECURE OR ERROR‐FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APPLICATION AND PLATFORM ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NOTWITHSTANDING THE FOREGOING, TALSCREEN AGREES THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SECURITY, COMPLETENESS, COMPREHENSIVENESS AND CURRENCY OF THE APPLICATION AND PLATFORM FROM VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
13. Limitation of Liability; Indemnification; Remedies.
Neither Talscout nor its shareholders, affiliates, officers, directors, employees or agents shall be liable under any claim, demand or action arising out of or relating to the application, platform or services or Client’s/Candidate’s/Consultant’s reliance upon the information provided by the Application or Platform, including, without limitation, any and all information in the candidate evaluation reports. In order to implement this waiver, Client/Candidate/Consultant agrees to indemnify, appear, defend, and hold Talscout, its shareholders, affiliates, officers, directors, employees and agents harmless, to the maximum extent of the law, from any and all threatened (or to be threatened) or pending claims, lawsuits, proceedings, costs, attorneys’ fees, damages or other losses arising out of or in any way relating to the services, Client’s/Candidate’s/Consultant’s use of the application or the content provided on the platform. The foregoing sentence shall not apply to the extent (for that portion) such claims arise out of Talscout’s gross negligence or intentional misconduct. In no event will Talscout, its shareholders, affiliates, officers, directors, employees or agents have any liability whatsoever for direct, special, incidental, consequential or punitive damages, including, without limitation, damages due to loss of profits or business interruption, or other damages, even if they have been advised of the possibility of such loss or damages and whether such loss or damages is/are foreseeable and notwithstanding the failure of essential purpose of any limited remedy. Without limiting any of the foregoing terms, Talscout’s liability in connection with this Agreement shall nil. Client/Candidate/Consultant agree that in case Talscout suffer immediate and irreparable harm from any breach of this Agreement resulting in monetary damages, then Talscout would be adequately compensated. In addition to any other remedies available to Talscout at law or in equity, Talscout shall be entitled to injunctive relief for any and all such breach without the posting of bond or other security and without proof of actual damages.
14. Term & Cancellations
Upon subscribing to the Platform, this Agreement commences on the date the submission form is received and continues through the date specified on the form. In case of Agreements enacted due to free trial period, the Agreement will terminate at the end of the free trial if a subscription is not purchased. This Agreement may be terminated by either party with 30 days notice. Termination does not relieve Client from financial responsibility of the screening period prior to the ending date.
15. General Provisions
Notices: All notices will be issued to the email address provided while opening an User Account with Talscout. All Notices to Talscout will be addressed per the mail id Provided in the contact us log in page.
Relationship of the Freelance Screeners: The interviewers are independent consultants and this agreement in no way result in either directly or indirectly creating a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
Feedback: All queries relating to User Agreement/Terms and condition can be directed to email@example.com.
Right to Audit; Suspend: Talscout reserves the right to review, suspend, terminate and/or remove any and all material, content and information on the platform and audit the use of the Platform by Client/Candidate/Consultant to determine compliance with the terms and conditions of this Agreement and all current and future operating procedures and policies and rules of conduct established byTalscout.
Governing Law: This Agreement shall be construed and governed by the laws of India, under Bangalore Jurisdiction.
Third‐Party Beneficiaries: No provision of this Agreement shall confer upon any person, including, but not limited to, Clients/Candidates/Consultants, other than the parties hereto any rights or remedies hereunder.