Terms of Service 

 

In order for Authorised Users to access the Service to submit and/or manage DBS and other Compliance and Referencing Check applications they must agree to be bound by the provisions of this User Agreement. 

This Agreement is made between:  

  1. The provider of this Compliance and Referencing Check service, Essex County Council (“ECC”). 

  2. Talent Clouds Solutions Ltd, the provider of the technology to enable the processing of Compliance and Referencing Checks (“TCS” or “the Service”) by ECC. TCS is a company registered in England and Wales under company number 10993087 with registered office at Camburgh House, 27 New Dover Road, Canterbury, Kent, United Kingdom, CT1 3DN. 

  3. The customer of ECC for whom ECC provides a Compliance and Referencing Check service via the Service ("the Organisation") (if any); and  

  4. You, a nominated user of the System (“ID Checker"), Applicant or Referee. 

  5. By using the Service you agree to be bound by the following Authorised User Policy and terms and conditions (“Terms of Service”). TCS reserves the right to update and change the Terms of Service from time to time. Your use of any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes to the Terms of Service and/or features shall constitute your consent to such changes. You can review the most current version of the Terms of Service here at any time. You understand and agree that TCS cannot be responsible for any content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. 

 

Account Terms 

  1. You must be 18 years or older to use our Services without consent. For minors aged 16 or 17 you can use our site or services subject to the consent and sole responsibility of your parent or guardian. 

  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. 

  3. Your login may only be used by one person – a single login shared by multiple people is not permitted. 

  4. You must take reasonable security precautions when visiting or using the Service including being responsible for maintaining the security of your account and password and shall comply with any security requirements mandated by TCS or ECC. TCS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  5. You are responsible for all content posted by you and activity that occurs under your account (even when content is posted by others who have access to your account). 

  6. You may not use the Service for any illegal or unauthorised purpose and you must not, in the use of the Service, violate any laws or regulations (including but not limited to those relating to data protection, intellectual property and confidential information). 

Compliance and Referencing Checks including DBS Checks 

  1. The Organisation, and the ID Checker shall adhere to the DBS Code of Practice, The Police Act 1997 (as amended), all relevant data protection legislation, including the Data Protection Act, the General Data Protection Regulation (GDPR) and all relevant statutory provisions and guidance relating to DBS checks.  

  2. The ID Checker will receive appropriate training - relevant to their role in the disclosure process - from the Organisation and will be supplied by ECC with secure login details to access the System. The ID Checker will be responsible for protecting their own login and password against unauthorised use. These credentials shall not be disclosed to any other person. The ID Checker is required to inform an appropriate person within the Organisation immediately if they suspect their login or password has been compromised in any way.  

  3. An ID Checker may be required to check an Applicant's identity. This shall be carried out in accordance with the DBS Code of Practice and the identity checking guidelines published from time to time. The ID Checker shall then complete the relevant section of the electronic disclosure application form in the System.  

  4. The ID Checker will then grant access to the System to the Applicant, who shall then complete their section of the electronic disclosure application form. The ID Checker must not complete this part of the application form on behalf of the Applicant, unless specific permission has been given by the Applicant to do so. Where the applicant cannot complete their own form, further guidance should be sought from the Organisation's DBS or Compliance Check team, or the DBS.  

  5. Access to the System shall only be granted to those individuals entitled to request a Compliance or Referencing Check in connection with their role and those applicants for whom the Organisation is entitled to request a Compliance and Referencing Check.  

  6. Other than applicants whose role and relationship with the Organisation dictates that a DBS check is required, DBS checks shall not be submitted on behalf of third party organisations or individuals under any circumstances. 

 

Intellectual Property and Content Ownership 

  1. By agreeing to these Terms of Service you agree to TCS allowing ECC to use the content you provide for the general purposes of the Service including but not limited to conducting compliance checks, job matching and generating job market intelligence and you agree to TCS’ use of such content for the purpose of providing the Service. 

  2. The Service operates in compliance with international intellectual property laws. We claim no intellectual property rights over the content you input into the Service. Content such as your profile and original materials uploaded by you remain yours. 

  3. TCS does not pre-screen content that you add to the Service, but TCS and any designee have the right (but not the obligation) in their sole discretion to refuse to upload or remove any content that is available via the Service. 

 

Termination 

  1. TCS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other TCS service, for any reasonably suspected breach of these Terms of Service. 

  2. Such termination of the Service will result in the deactivation or deletion of your account, or preventing your access to your account, and the forfeiture and relinquishment of all content in your account. 

  3. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any TCS or ECC customer, employee, member, or officer will result in immediate account termination. 

 

General Conditions 

  1. When responding in our site to any job postings you may be dealing with TCS clients such as ECC or any other third party and, as such, any employment contracts and/or further arrangements will be formed exclusively between you and them, without Talent Clouds as a party and Talent Clouds cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law). 

  2. You understand that TCS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You consent to all transfers of your personal data that you upload to the Service, whether such transfers are within or outside of the European Union. TCS agrees to comply with its Privacy Policy when transferring your personal data and to notifying you of updates. 

  3. You understand that ECC will also have access to your data through the Service. ECC agrees to comply with its Privacy Policy when transferring your personal data and to notifying you of updates. 

  4. You specifically and expressly consent to the use of website tracking methods, including cookies. 

  5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. 

  6. You agree not to copy, exploit for personal gain any portion of the Service, use of the Service, or access to the Service. 

  7. You agree not to use any information from any directory or other listing or information retrieval service (if any) made available on our site and/or the Services, in connection with any business or commercial undertaking (whether or not for profit) unless you explicit written consent to do so.  

  8. You agree not to deep-link and/or frame our site or any of the Services for any purpose, unless specifically authorised by Talent Clouds to do so. 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. 

  9. We may, but have no obligation to, remove content and accounts which publish, display or transmit material that we determine in our sole discretion might be unlawful or offensive, including any content that:​

a. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; 

b. is defamatory or violates a person’s privacy; 

c. constitutes or encourages child pornography or is otherwise obscene, sexually explicit or morally repugnant; 

d. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; 

e. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement bodies; 

f. improperly exposes trade secrets or other confidential or proprietary information of another person; 

g. is intended to assist others in defeating technical copyright protections or infringes another person’s trade or service mark, patent, or other property right; 

h. is discriminatory in any way, including by way of sex, race, or age discrimination; 

i. involves theft, fraud, drug-trafficking, money laundering or terrorism; 

j. is illegal or solicits conduct that is illegal under any applicable laws; and/or; 

k. is otherwise malicious, fraudulent, or may to result in retaliation against TCS or ECC by offended viewers. 

 

10. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

11. You must not upload, post, host, or transmit email, SMSs, or “spam” messages via the Service. 

12. You must not transmit any worms or viruses or any code of a destructive nature via the Service. 

13. Any costs incurred by TCS or ECC as a direct or indirect result of unlawful, unauthorised or inaccurate applications (caused by deliberate actions or omissions on the part of the Authorised User) may be charged to the . 

14. The failure of TCS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service are subject to the agreement between TCS and ECC in connection with Service (“Agreement“) and in the event of any conflict between these Terms of Service and the Agreement, the Agreement will take precedence. 

15. Questions about the Terms of Service should be sent to the support team at: info@talentclouds.co.uk

16. The Terms of Service are governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms of Service or their subject matter or formation. 

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