Terms and Conditions

TERMS & CONDITIONS

We are Transport Talent ApS (“Transport Talent”) incorporated in Denmark. These are our terms and conditions. They tell you what we do and how we do it.

By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

T&Cs last modified: May 30th, 2018.

Definitions
Transport Talent operates a recruitment platform for connecting Employers, Independent Recruiters and Candidates.

1.1 Account
By registering on transporttalent.com as an Employer, Recruiter or Candidate, you are creating an account, which will give you access to our platform and allow you to view jobs, apply, refer candidates, post jobs and track activity depending on your role and the type of account you create.

1.2 Agreement
The agreement between Transport Talent and you pursuant to which you make use of the Platform, the terms of which are set out in these Terms.

1.3 Candidate/s
A person either applying directly through the Platform, or introduced by an Independent Recruiter, to the Employer through the Platform, to be considered for a Vacancy.

1.4 Data Protection Laws
Data Protection Laws: any applicable statutory or regulatory provision and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data also described in our Privacy Policy.

1.5 Deadline Date
The date chosen by Employers for when the Job Post can be closed and all candidates are to be submitted by the Independent Recruiter.

1.6 Employer/s
Any person (whether an individual, freelancer or a corporate entity) that uses the Platform to post Vacancies with the view of employing Candidates.

1.7 Recruitment
Employment of a Candidate

1.8 Independent Recruiter
Any person (whether an individual, freelancer or a corporate entity) who uses the Platform to recruit or refer candidates to Employers in respect of any open Vacancy.

1.9 Platform
Means the Platform contained within Our Site in which an Employer may post Vacancies to source Candidates with the help of Independent Recruiters or individuals whom may submit Candidates to open Vacancies.

1.10 Services
The provision by Transport Talent of the Platform, as further described on Our Site from time to time.

1.11 Our Site
https://www.transporttalent.com

1.12 Placement
Employment of a Candidate on behalf of an Employer following the screening of a Candidate by an Independent Recruiter via the Platform.

1.13 Placement Fee
The fee payable by the Employer to Transport Talent when hiring a candidate that was referred via Transport Talent for a Vacancy the Employer posted on the Platform.

1.14 Referring Candidates
A Recruiter must gain an electronic commitment from a Candidate that he or she agrees to be put forward and considered for a Vacancy, by getting the Candidate to apply via the individual link that the Recruiter has forwarded to the Candidate. If two Recruiters have submitted the same referred individual who is chosen for a job, only the Recruiter who submitted the referred individual first shall be paid. Determination of who submitted the candidate first is done by using electronically traceable links but is in Transport Talent’s sole discretion.

1.15 Start Date
The date on which a Candidate commences employment with an Employer following the acceptance by the Candidate of an offer of employment by an Employer.

1.16 Terms
These terms and conditions under which you may make use of the Platform Services.

1.17 Vacancy/Vacancies
A permanent or fixed term Vacancy posted by the Employer on the Platform.

2. Legal

2.1 Status
Nothing in these Terms will create a partnership or joint venture between Transport Talent and any other parties. We are an independent provider of services to you and are not employed by you.

2.2 Registration
In order to use the Platform Services, each Employer, Independent Recruiter and Candidate must register on Our Site. We may accept or reject an application to register at our discretion, and may suspend or cancel such registration at any time if an Employer, Independent Recruiter or Candidate is in breach of these Terms.

2.3 Information Submitted by You
We will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions. This involves Transport Talent processing and storing information (including, without limitation, sensitive personal data) and passing on or making available online such information to prospective Employers and Independent Recruiters. We use third parties to help us process your information as part of the recruitment process. We may collect and aggregate data from the information supplied by you to help us understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to Transport Talent using information provided by you (including, without limitation, sensitive personal data) in each of these ways. We will process any data which you provide in completing the online registration or application forms and any further forms, assessments or personal details which you complete or provide to us when using the Website in accordance with GDPR data protection legislation. We explain more about your personal data in our Privacy Policy.
Transfer outside the European Economic Area (EEA): Personal information comprising your CV may be accessed through the Transport Talent database by third parties outside the EEA. This could happen for instance if you apply for a vacancy where the employer is based outside the EEA. By registering and using the Website, you consent to this transfer.

2.4 Content Rights
The rights in material on Our Site are protected by international copyright, software and trademark laws and you agree to use the Website in a way which does not infringe these rights. You may copy material on Our Site for your own private or domestic purposes, but no copying for any commercial or business use is permitted.

2.5 Security and Passwords
In order to register with Our Site and to sign in when you visit Our Site, you will need to use a user-name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.

2.6 Termination
We may terminate your registration and/or deny you access to Our Site or any part of it (including any services, goods or information available on or through Our Site) at any time in our absolute discretion and without any explanation or notification.

2.7 Liability
We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of Our Site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to Our Site and your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of Our Site.
You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of Our Site.

2.8 Choice of Law and Jurisdiction
The use of Our Site and any agreements entered into through Our Site are to be governed by and construed in accordance with Danish law. The courts of Denmark are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of Our Site or any agreement made through Our Site.

3. Referral Fee

3.1. When a Candidate is referred by an Independent Recruiter via the Platform and is successfully appointed in a posted Vacancy, the Independent Recruiter is entitled to the Referral Fee stated in the specific Job Posting on the Platform.

3.2. The Referral Fee will be released to the Recruiter within 10 days if Transport Talent has received the Placement Fee from the Employer.

4. Obligations

4.1. Obligations of the Employer using the platform
4.1.1. While using Transport Talent, you will not attempt to or otherwise do any of the following:

4.1.2. The Employer agrees to notify Transport Talent immediately when an offer of employment has been accepted by a Candidate and the Joining Date has been confirmed, in order for Transport Talent to calculate the Placement fee in line with Terms stated.

4.1.3. The Employer agrees to confirm the suitability of any Candidate for the purposes of the Vacancy.

4.1.4. It is acknowledged by the Employer to check the truthfulness of a Candidate’s application and it is upon them (but not limited to them) to check references, undertake any additional checks such as criminal record checks, validation of Candidate qualifications and ensure to ensure Candidate is capable of undertaking the requirements of the Vacancy.

4.1.5. The Employer shall be responsible for obtaining any work permits and other permits that is required from the Candidate and for ensuring that a Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.

4.1.6. The Employer agrees that best practices are to be used for keeping confidential data found within the Platform, undisclosed.

4.1.7. The Employer shall be responsible for the Placement Fee, if a Candidate is forwarded to the Employer and is initially rejected but later employed by the Employer in the same or similar position, within a six month period of the initial introduction.

4.1.8. The Employer shall be responsible for the Placement Fee, if in the event a Candidate is forwarded to an consequently employed by another firm or corporation, including any subsidiary, associated organisation or holding company of the Employer, within a six month period of the initial introduction.

4.1.9 The Employer gives permission to Transport Talent for full disclosure of information regarding the Employer, which is provided to Transport Talent by the Employer, for Candidates and Independent Recruiters.

4.1.10 In the event where the Employer has previously received the CV of a Candidate who has also applied to the same Vacancy via the Platform, if the Candidate is then successfully placed at the Employer’s entity, the Employer must provide evidence to support that the Candidate is initially applied directly to the Employer. In this instance, if the supported evidence proves that the Candidate initially applied to the same Vacancy directly or indirectly to the Employer, Transport Talent will refund the Placement Fee.

4.1.11. The Employer agrees to notify Transport Talent immediately should an Independent Recruiter contact the Employer directly, in the event of attempting to work around, avoid, circumvent or otherwise exploit the Platform Services on Our Site with the intent or effect of undercutting our Platform services, or depriving Transport Talent of due compensation of the Placement Fee.

4.2.Obligations of the Independent Recruiter using the Platform

4.2.1. While using Transport Talent, you will not attempt to or otherwise do any of the following:

4.2.2. The Independent Recruiter will use the hiring requirements specification set out by the Employer for the Vacancy, to thoroughly search, screen and interview Candidates.

4.2.3. The Independent Recruiter must get confirmation from a Candidate that they are willing to be put forward for the Vacancy listed by getting them to apply via the individual link from the specific job posting.

4.2.4.The Independent Recruiter must make all applications for any Vacancy listed on Our Site, through forwarding the individual links to the Candidates. Any actions that avoid or attempt to avoid Our Site and the Platform Services will result in Account Termination and all of the Account Information, and Account Data will be removed in this process. In the event of a termination, the Independent Recruiter will not be entitled to receive any pending Referral Fee’s.

4.2.5. The Independent Recruiter agrees to not attempt to work around, avoid, circumvent or otherwise exploit the Platform Services on Our Site with the intent or effect of undercutting our Platform services, or depriving Transport Talent of due compensation of the Placement Fee.

4.2.6. In the event an Independent Recruiter is found to have contacted an Employer, in the attempt to work around, avoid, circumvent or otherwise exploit the Platform Services on Our Site with the intent or effect of undercutting our Platform services, or depriving Transport Talent of due compensation of the Placement Fee, the Independent Recruiter will be immediately suspended and if evidence of wrongdoing is found, will result in Account Termination and all of the Account Information and Account Data will be removed in this process.

4.2.7. The Independent Recruiter agrees that if evidence of the attempt to work around, avoid, circumvent or otherwise exploit the Platform Services on Our Site with the intent or effect of undercutting our Platform services, or depriving Transport Talent of due compensation of the Placement Fee is found, the Independent Recruiter will be liable to pay Transport Talent within 14 days of receipt of invoice any Commission that would have been due to Transport Talent had the Placement(s) the Independent Recruiter has made with that Employer taken place within Our Platform.

4.2.8. Independent Recruiters are not permitted to register as an Employer in order to post Vacancies on Our Site unless agreed specifically with Transport Talent by separate contract.

4.2.9. Candidates are represented by the Independent Recruiter using the Platform, to submit the Candidate in question to the Employer, it must be processed through Our Site.

4.2.10. If an Independent Recruiter submits a Candidate for a Vacancy and the Candidate is employed by the Employer, the Independent Recruiter may not be eligible for the Referral Fee in the event that the Employer has previously received that Candidate’s CV, or was aware of the Candidate through another source. The Employer is solely responsible for providing the proper evidence that the new engagement was not the result of the Independent Recruiter’s submission, but rather of having received the CV previously. In the event of such a dispute, as a neutral party, we will investigate and based upon the available evidence make a determination on the source of the Candidate referral that led to the engagement, and therefore whether a Referral Fee shall be charged to the Employer. Our decision on this matter shall be final.

4.2.11. In the event where the Employer has previously received the CV of a Candidate who has also applied to the same Vacancy via the Platform, if the Candidate is then successfully placed the Employer must provide evidence to support that the Candidate has initially applied directly to the Employer. In this instance, if the supported evidence proves that the Candidate initially applied to the same Vacancy directly or indirectly to the Employer, the Independent Recruiter or Referrer will not be entitled to the Referral Fee.

4.3. Obligations of the Candidate using the Platform
4.3.1. While using Transport Talent, you will not attempt to or otherwise do any of the following: