TalentVX interviews are recorded using
TalentVX Interview Technology. The most important difference between
a traditional in-person interview or phone interview and a TalentVX
interview is that a TalentVX interview can be shared with third parties
because it is recorded and circulated. In fact this is similar
to how your Resume can be shared.
TalentVX Interview Technology enables a recruiter, their employer, their client and other interested parties, to give access to a video of the interview for an indefinite period. This access can be provided to whomever for the intended purpose of benefiting your employment or contracting prospects. The copyright in the TalentVX interview recording (defined as video, sound, Meta data, and image) is owned by TalentVX and licensed to the TalentVX Client upon you saving the recorded interview to TalentVX.
You grant TalentVX and its client unrestricted
rights to promote your employment or contracting prospects using the
interview recording. You have no ownership or right of access
to the recorded interview, however a recruiter or TalentVX client might
choose to give you access to the interview.
While the intent of TalentVX, its contractors and clients is to benefit your employment and contracting prospects you cannot hold TalentVX responsible for any misuse, technology failure or illegal activity with regards to the use of that interview recording by the TalentVX Client.
This means with a TalentVX Interview
everything you say is on the record. So, if you talk about other
people, be careful what you say about them and/or don’t use their
name. This courtesy should apply to any type of interview however
it’s particularly important with a recorded interview.
In summary this TalentVX interview
is recorded and shared with others for the intended benefit of your
employment and contracting prospects. All the best, on your interview.
The following Terms and Conditions
set out the way in which the TalentVX Interview Technology service operates
and Your rights and obligations in relation to the recording, inviting
candidates to record and sharing of interviews on the "TalentVX
service" as well as being a client of the "TalentVX service".
The "TalentVX service" is
(a) the TalentVX interview; recording, hosting and video delivery services
(b) the TalentVX website and (c) any and all aspects of facilitating
the exchange of recording, uploading, streaming and viewing of interviews.
You should therefore read the following Terms and Conditions carefully. If You agree with the Terms and Conditions, then You have the right to use the TalentVX service either as
(a) a professional recruitment firm;
(b) an employer
(c) an employee or contractor of either
a professional recruitment firm or an employer
If You do not agree with the Terms
and Conditions, then You do not have the right use the TalentVX service
in any way or capacity.
By clicking on the "I accept"
button at the end of these Terms and Conditions, You thereby
(a) accept these Terms and Conditions on behalf of Yourself or on behalf of any third party entity (and You warrant that that third party entity has given You legal authority to accept these Terms and Conditions on their behalf), including that You are at least 18 years old
(b) agree to be legally bound by the Terms and Conditions and
(c) have entered into a binding agreement
between You and TalentVX ("Agreement").
1. Definitions
"You" or "Your"
or “Your Firm” or “TalentVX Clients” means You, or if You are
entering this Agreement on behalf of a third party entity, then "You"
means that third party entity and includes recruitment firm’s and
employer entities.
"We" or "Us" or
"TalentVX" means TalentVX Pty Ltd and its employees or contractors.
“Candidate” is an interviewee or
person being interviewed using TalentVX
2. Recording and Uploading the Interviews
a. You may invite candidates to use
TalentVX to record a video introduction interview (" Interviews").
By so doing, TalentVX agrees to display such interviews to the end users
You give access to on the TalentVX website by copying and pasting a
url link to the interview. You acknowledge that entering
the url link in in an email allows the recipient to receive an unsecured
link to the interview and that this link can be forwarded to any other
email address or posted anywhere on the Internet.
b. You warrant and represent that any
of your candidate TalentVX interviews (i) does not breach the copyright
of any third party, (ii) is not defamatory, (iii) is not obscene, pornographic
or violent and (iv) does not constitute contempt of court.
c. TalentVX reserves the right to remove
any Uploaded interviews from the TalentVX hosting service or to suspend
such content from that service at any time for any reason, whether due
to a breach or suspected breach of one or more of the warranties set
out in clause 2 b., or otherwise. In the event that such an interview
is removed or suspended from the TalentVX hosting service, You acknowledge
and agree that TalentVX will not be accountable to You for any loss
or damages You may suffer as a result of such content being removed
or suspended.
d. You acknowledge and agree that TalentVX
is not responsible for any loss, theft, intellectual property infringement
(including copyright infringement) or damage of any kind to the TalentVX
Interview.
e. You acknowledge that TalentVX uses
video streaming and/or progressive download technologies and does not
protect the interviews with any other form of Digital Rights Management
(DRM) technology.
3. Proprietary Rights
a. You acknowledge that all intellectual
property rights (including present and future copyright) in any interview
recorded by TalentVX is owned by TalentVX.
b. Once an interview is uploaded or
saved by the candidate onto the TalentVX website, TalentVX will grant
You an exclusive license to display the interview for the purpose of
benefiting the candidates employment or contracting prospects only.
This exclusive license will be for perpetuity from the upload date,
include all territories and all media.
c. You may decide to download an interview
digital file or files uploaded by Your Firm or Your candidates to another
media.
d. If You decide to transfer any interview
files to another media or hosting service You warrant that You will
only use TalentVX interviews for the purpose of benefiting the Candidate’s
employment or contracting prospects.
4. Streaming Interviews
a. TalentVX will enable viewing of
the interviews to any and all Internet users that access the URL link
to the interview.
b. TalentVX will host and stream the
interviews for a period of 2 months (60 days) after upload. After
this initial 2 month period any of Your interviews can be hosted for
an extended period at no extra charge by clicking the extend button
on the “Completed” page.
c. You warrant that You will not copy,
distribute, transfer, sublicense, publicly perform, create derivative
works of, sell or offer to sell any TalentVX interview or any part thereof
and You acknowledge and agree that You do not have the right to copy,
distribute, transfer, sublicense, publicly perform, create derivative
works of, sell or offer to sell any TalentVX Content or any part thereof.
d. You acknowledge that a Candidate
agrees to a TalentVX interview only for the purpose of benefiting their
employment or contracting prospects.
e. You warrant that You will only use
TalentVX interviews for the purpose of benefiting the Candidate’s
employment or contracting prospects.
5. Complaint about Uploaded Content
In the event that Your Uploaded interview
is the subject of a complaint from a third party (be they an end user
or otherwise) which, if verified, would constitute a breach of one or
more of Your warranties set out in clause 2 b., then TalentVX reserves
the right to remove or suspend the TalentVX interview and Your account
in accordance with clause 2c. in the event that the subject of the dispute
is not resolved in favour of You to the satisfaction of the complainant.
For the avoidance of doubt, TalentVX
retains the right at all times to suspend or remove any TalentVX interviews
at any time in accordance with clause 2b., notwithstanding anything
in clause 5.
6. Prohibited Activities
You may not use any portion of the
TalentVX service for any unlawful purpose. You agree not to collect
or harvest any personally identifiable information from the TalentVX
service including account names or email addresses, nor use the communication
systems provided by the TalentVX service for any commercial solicitation
purposes other than for the benefit of the Candidate. You agree not
to:
a. introduce computer viruses into
the Site (in particular, You warrant that that Your Uploaded interviews
shall be uncorrupted and free of viruses, worms, defects, Trojan horses
and/or any other cause of disruption to the proper and effective functioning
of the Uploaded Interviews being able to be hosted on the TalentVX service
and/or being able to be viewed by end users;
b. use any automated system, including
without limitation, "robots," hitbots, "spiders,"
"offline readers," scripting or any other form of automatic
access on the Site or querying of the Site in a manner that sends more
request messages to the TalentVX service in a given period of time than
a human can reasonably produce in the same period by using a convention
web browser;
c. frame, mirror, screen scrape, use
hidden frames, or use any other means by which any portion of the TalentVX
service is framed or appears within another frame or site (even if the
frame is invisible), without the written permission of TalentVX;
d. attempt to gain unauthorized access
to the TalentVX service or any databases associated with the TalentVX
service;
e. engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or impairs
the functionality of the TalentVX service; or
f. engage in any activity that circumvents,
disables or otherwise interferes with security related features of the
TalentVX service or features that prevent or restrict use or copying
of any content or enforce limitations on use of the TalentVX service
or the content therein.
g. use any type of codes or instructions
that are designed to distort, delete, damage or disassemble TalentVX
applications or services.
h. use any TalentVX interview recordings
for any public performance, advertising or any purpose not directly
benefiting the Candidate’s employment or contracting prospects.
7. Restricted Areas of TalentVX Service
Certain functions of the TalentVX service
are restricted to authorized users or require You to provide personal
information, and/or create a password-protected account. When creating
Your account, You must provide accurate and complete information. It
is Your responsibility to maintain the accuracy of any information provided
to TalentVX. You are solely responsible for maintaining the confidentiality
of Your password and Your account information, and agree to notify TalentVX
if the password is lost, stolen, disclosed to an unauthorized third
party, or otherwise may have been compromised. You agree that You are
entirely responsible for all activities that occur under Your account,
including without limitation, any fees which may be incurred under Your
password-protected account, whether or not You are the individual who
undertakes such activities. You agree to hold TalentVX harmless from
and against any and all costs, damages, liabilities, and expenses incurred
by TalentVX in relation to, arising from, or for the purpose of avoiding
any claim or demand from a third party that Your use of the TalentVX
service or the use of the TalentVX service by any person using Your
screen name, account or password violates any applicable law or regulation,
any third party rights, or incurs any fees or liabilities by virtue
of having used Your account.
8. Removal of You from TalentVX Service
TalentVX further reserves the right
to suspend or remove You or any other end user from the TalentVX service.
9. Privacy
In the event of a complaint against
You from a third party in accordance with clause 5, TalentVX will provide
Your contact details to the complainant. TalentVX will provide You with
the complainant's contact details and it will be Your responsibility
to resolve the dispute with the complainant.
Should You choose not to contact the
complainant, then TalentVX will take this factor, amongst other factors,
into consideration when exercising its sole discretion to remove or
suspend the Uploaded Interview from TalentVX.
You are responsible for making available
a privacy statement to which your organization adheres, upon request
from any party. You acknowledge that using the TalentVX service does
not give You the ability to control who views to TalentVX Interviews,
an email with the a TalentVX URL link might be forwarded on to anyone.
10. Term and Termination
a. TalentVX reserves the right to terminate
this Agreement immediately in the event that You breach any of Your
warranties or obligations specified in these Terms and Conditions.
b. You have the right and ability to
suspend viewing access to any interview via the TalentVX website to
parties outside Your firm using TalentVX online tools, however this
will not stop access to downloaded copies of an interview.
c. You have the right to remove permanently
any of Your interviews from the TalentVX Host server by any of Your
TalentVX administrators emailing tech@talentvx.com and requesting an
interview to be purged before it’s 3 month expiry.
d. All intellectual property rights
(including present and future copyright) in the TalentVX interview files
are owned by TalentVX.
e. TalentVX provides you an exclusive,
perpetual license for all media to use the interviews for the benefit
of the Candidates employment and contracting prospects. The interview
digital files can be downloaded during the 60 days of viewing.
f. The term of Your relationship with
TalentVX is unspecified and can be terminated with 30 days notice in
writing.
11. Publicity
You agree to grant TalentVX permission
to use Your name, logo and any quotes You may provide for the purpose
of promoting and publicizing the TalentVX service.
12. Security
a. TalentVX will use every reasonable
effort to maintain, and keep in place, the security of Your Uploaded
Interviews to protect against unauthorized access.
b. TalentVX will use every reasonable
effort to maintain, and keep secure, any personal information which
You have provided to TalentVX from time to time in connection with this
Agreement and to protect such information against unauthorized access.
However, TalentVX reserves the right to disclose Your personal information
if it is legally obliged to do so by a court of law or by a law enforcement
agency.
c. TalentVX will make every reasonable
effort to ensure the security of its host server content (including
Your personal information).
d. You agree to fully indemnify TalentVX
against all claims, costs, losses, or other damages You may incur as
a result of a security breach of the TalentVX host server including
but not limited to any fraudulent or illegal transactions involving
the unauthorised use of Your TalentVX Interviews.
e. You acknowledge that from time to
time and for any reason, the TalentVX host server may be down or unavailable
for intermittent periods of time and You agree that You are not entitled
to make any claim in damages or in any other cause of action against
TalentVX as a result of this occurring.
f. Whilst TalentVX will make every
reasonable effort to ensure the security of its host server, all financial
transactions via the TalentVX Website are entered into by You at Your
own risk and You agree that You are not entitled to make any claim in
damages or in any other cause of action against TalentVX as a result
of a breach of this security.
13. Indemnity
You indemnify and at all times will
keep TalentVX indemnified from and against all costs, damages or expenses
(including attorneys costs and expenses) incurred by the TalentVX in
defending and/or settling any actions, suits, proceedings, claims or
demands made or brought against TalentVX in consequence of any breach
or non-performance of any or all of Your agreements, representations,
undertakings and/or warranties in these Terms and Conditions.
14. Force Majeure
a. TalentVX shall not be deemed to
be in default or in breach of this Agreement as a result of any event
beyond the reasonable control of TalentVX ("Force Majeure").
b. In the event of a force majeure,
TalentVX will not be responsible or liable for any loss of Your Uploaded
Content and will not bear any costs associated with replacing that content.
15. GST
a. Where required, TalentVX will comply
with the Australian New Tax System (Goods and Services Tax) Act 1999
("GST legislation").
b. All amounts payable on the TalentVX
site are exclusive of GST. If GST is applicable, then this will be charged
at the rate governed by the GST Act.
c. TalentVX will collect GST payable
by Australian TalentVX clients and will remit such GST in accordance
with the GST Legislation.
d. In the event that clause 15 a. is
applicable, You are required to provide Your ABN number to TalentVX
at the same time as submitting Your TalentVX application, as per the
mandatory field in the join page.
16. Alteration of These Terms and Conditions
You acknowledge and agree that TalentVX
has the right to alter, revise or modify these Terms and Conditions
in its sole discretion at any time. Each time You use the TalentVX service
You should read these Terms and Conditions to ensure that if an alteration,
revision or modification has been made to them, that You accept them,
or else You must not participate in the TalentVX services.
17. General
a. Subject to clause 16 taking effect,
this Agreement contains the entire agreement of the parties on this
subject matter. All representations, communications and prior agreements
in relation to the subject matter are superseded by this Agreement.
b. TalentVX is entitled at it's discretion
to assign the benefit this Agreement and / or any of its rights under
this Agreement in whole or in part to any other party.
c. In the event of a dispute between
You and TalentVX, You agree to abide by and adhere to the jurisdiction
of the courts in Victoria, Australia and be bound by the laws in that
jurisdiction.
18. Purchasing TalentVX Services
a. All TalentVX services are purchased as a subscription via PayPal.
b. All TalentVX services are purchased in US dollars
c. A single login for a single email address can be subscribed to base on “reasonable use”. “Reasonable use” is what TalentVX expects a highly active single person recruiter might use if they used TalentVX Intro with every qualified candidate.
d. If TalentVX consider a subscription
(login) to be overused, TalentVX might request a subscriber to subscribe
to additional subscription fees or additional logins.
19. Pricing of TalentVX Services
a. A TalentVX Intro service can be subscribed to for $29.00 USD per month for a single email login for unlimited reasonable use.
b. TalentVX reserves the right to change
it’s pricing of future subscriptions at anytime.
20. Utilization of Your Computer
If Your use of TalentVX service is
dependent upon the use of a processor and bandwidth owned or controlled
by a third party, You acknowledge and agree that Your licence to use
TalentVX services are subject to You obtaining consent from the relevant
third party for such use. You represent and warrant that by accepting
these terms and conditions and using TalentVX services, You have obtained
such consent.
21. Download of Interviews
Subscribers may download a copy of a TalentVX Intro interviews at any time during the 60 days after completion or during an extended period. This file can be kept by the subscriber on their own systems for their own records.