Website Terms of Use

1. About These Terms

These Website Terms of Use ("Terms") set out the conditions that apply when you access or use the public website operated by Talent Cloud Global Ltd ("Talent Cloud", "we", "our" or "us").

These Terms apply to:

talentcloudglobal.com

and to public pages, resources or content operated by Talent Cloud that link to these Terms.

By continuing to use the website, you are expected to comply with these Terms.

Some provisions of these Terms operate as notices concerning use of the website rather than as contractual terms. Nothing in these Terms is intended to create contractual obligations where applicable law would not otherwise recognise them.

These Terms do not replace any separate agreement governing the Talent Cloud platform, a workforce programme, a customer relationship, a partner relationship or an authenticated user account.

2. Who We Are

The website is operated by:

Talent Cloud Global Ltd

Registered in England and Wales Company number: 16914164

Registered office:

Suite A 82 James Carter Road Mildenhall Suffolk IP28 7DE United Kingdom

Contact: support@talentcloudglobal.com

Talent Cloud provides technology that helps organisations design, deliver, govern and measure workforce programmes.

Our company name, place of registration, company number and registered office should remain readily accessible through the website independently of these Terms.

3. What These Terms Cover

These Terms apply to use of our public corporate website, including:

• viewing website pages;
• accessing public information and resources;
• using public website functionality;
• submitting enquiries through the website;
• downloading materials that we make publicly available;
• accessing our public legal, trust and governance information; and
• following links provided through the website.

They apply to public legal, trust, governance and informational content published through the website unless a particular document states otherwise.

4. What These Terms Do Not Cover

These Terms do not govern participation in a workforce programme or use of an authenticated Talent Cloud product account.

Different terms may apply when you:

• activate a learner account;
• use the Talent Cloud learner platform;
• use the Talent Cloud administrator platform;
• participate in a programme operated by a Talent Cloud customer or partner;
• use authenticated assessment, interview, matching or other platform functionality;
• access services supplied under an agreement between Talent Cloud and another organisation;
• act as a Talent Cloud partner; or
• enter into another commercial agreement with Talent Cloud.

For example:

• learners may be subject to Learner Terms of Use;
• administrators and authorised organisational users may be subject to Admin Platform Terms;
• customers may be subject to a customer agreement, order form, programme schedule, data-processing agreement or security schedule; and
• partners may be subject to a separate partner agreement.

If there is any conflict between these Website Terms and a signed customer, partner or other commercial agreement with Talent Cloud concerning the same subject matter, the signed agreement takes precedence for that subject matter.

Our Privacy Notice, Cookie Policy, AI & Assessment Transparency Statement, Security Statement and other governance documents have their own purposes.

The fact that they are linked from the website does not by itself incorporate them into a commercial agreement as contractual warranties unless the applicable agreement expressly provides otherwise.

5. Information About Talent Cloud

The website provides information about Talent Cloud, our platform, our approach and the problems our technology is intended to help organisations address.

We aim to keep public information clear and reasonably current.

However, our products, technology, services, integrations, features, programme models and commercial arrangements continue to develop.

Website content should therefore be understood in the context in which it is published.

A description of a feature, capability, integration, service or potential use case does not necessarily mean that it:

• is available to every customer;
• is enabled in every product;
• is included in every commercial arrangement;
• is suitable for every programme;
• operates identically in every jurisdiction; or
• will remain unchanged.

Specific customer commitments should be established in the relevant commercial agreement rather than inferred solely from general website content.

6. No Offer or Automatic Commercial Contract

Unless expressly stated otherwise, information on our public website is provided for general information and does not itself constitute an offer capable of acceptance.

Viewing the website, requesting information, submitting an enquiry or discussing a potential service does not by itself create:

• a customer relationship;
• a programme relationship;
• an employment relationship;
• a partnership;
• an agency relationship;
• a contractual commitment to provide platform services; or
• an obligation on Talent Cloud to accept an organisation or individual as a customer, partner or participant.

No Talent Cloud platform subscription or workforce programme service is purchased merely by accessing this public website unless a specific transaction expressly states otherwise.

A binding commercial arrangement will normally require the relevant parties to enter into an appropriate agreement.

7. Workforce, Employment and Programme Information

Talent Cloud provides technology used in workforce programmes.

Nothing on the public website should be interpreted as a promise or guarantee that any person will:

• obtain employment;
• obtain a placement;
• be accepted into a programme;
• successfully complete a programme;
• achieve a particular assessment result;
• receive funding;
• receive an interview;
• be matched with a particular employer;
• progress in employment; or
• achieve any particular personal, commercial or programme outcome.

Programme and employment outcomes depend on factors that may be outside Talent Cloud's control.

Employers remain responsible for their employment decisions.

Programme organisations remain responsible for programme decisions within their authority.

Assessors remain responsible for assessment judgements within their authorised role.

8. Assessments, AI and Technology-Assisted Processing

The website may describe Talent Cloud functionality involving:

• assessments;
• readiness indicators;
• matching;
• interviews;
• analytics;
• algorithms;
• automated processing; and
• artificial intelligence.

These terms describe different types of processing and should not be assumed to mean the same thing.

Not every Talent Cloud product or programme uses every capability described on the website.

Our current public position concerning assessments, readiness, matching and technology-assisted processing is explained in our AI & Assessment Transparency Statement.

Nothing on the website should be interpreted as a guarantee that an assessment, score, ranking, match or AI-assisted output is infallible or guarantees a particular outcome.

9. No Professional Advice

Public website content is provided for general informational purposes.

Unless expressly agreed as part of a separate professional engagement, it does not constitute:

• legal advice;
• regulatory advice;
• tax advice;
• financial advice;
• investment advice;
• employment-law advice;
• professional assessment advice; or
• another regulated professional service.

Organisations and individuals remain responsible for obtaining appropriate professional advice where required for their circumstances.

10. Procurement and Due Diligence Information

Our website and Trust & Compliance Centre may provide public information concerning matters such as:

• privacy;
• information governance;
• security;
• accessibility;
• responsible disclosure;
• assessments;
• AI and technology-assisted processing; and
• our general approach to platform governance.

This information is intended to provide useful public transparency.

It does not replace customer-specific due diligence, a data-processing agreement, security schedule, service description, procurement response or other contractual commitment where one is required.

Information provided during a formal procurement, security or due-diligence process may be more specific to the proposed service, customer configuration and relevant point in time.

11. Certifications, Standards and Regulatory References

The website may refer to:

• laws;
• regulations;
• standards;
• regulatory frameworks;
• security practices;
• accessibility criteria;
• industry practices; or
• recognised governance approaches.

A reference to a standard, framework, law or good practice does not mean that Talent Cloud holds a particular certification, accreditation or regulatory approval.

Talent Cloud holds a certification, accreditation or approval only where we expressly state that the relevant status is current.

Customers should rely on current procurement or due-diligence documentation where formal evidence of a certification or accreditation is required.

12. Acceptable Use

You may use the website only for lawful purposes.

You must not knowingly:

• use the website unlawfully or fraudulently;
• attempt to gain unauthorised access to the website, its infrastructure or connected systems;
• interfere with the security or normal operation of the website;
• introduce malware, malicious code or harmful material;
• perform unauthorised vulnerability or penetration testing;
• attempt to bypass access or security controls;
• use automated systems in a manner that materially disrupts the website or its infrastructure;
• impersonate another person or organisation;
• submit information you know to be false, misleading or unlawful;
• use the website to infringe another person's rights;
• attempt to obtain information that you are not authorised to access; or
• use website functionality for abusive, harmful or unlawful purposes.

Nothing in this section is intended to prevent legitimate security concerns from being reported through our Responsible Disclosure process.

13. Automated Access, Scraping and Data Extraction

You must not systematically scrape, harvest, extract, reproduce or compile substantial amounts of website content in order to:

• create an unauthorised copy of a substantial part of the website;
• build a competing product, dataset or service from our website content;
• circumvent technical access restrictions;
• collect personal information unlawfully; or
• materially interfere with operation of the website.

This restriction does not prevent activity that we have expressly authorised or that applicable law gives you a right to undertake.

You must not use non-public Talent Cloud information or materials obtained through unauthorised access to train, develop or evaluate machine-learning or artificial-intelligence systems.

Nothing in this section is intended to make a broader claim concerning the lawful use of publicly available material where applicable law independently permits that use.

14. Security Research and Responsible Disclosure

If you identify a suspected security vulnerability or security concern affecting a Talent Cloud website or service, please report it privately in accordance with our Responsible Disclosure guidance.

You should not:

• access data that is not your own;
• alter data without authorisation;
• retain personal or confidential information obtained without authorisation;
• intentionally disrupt our services; or
• publicly disclose a vulnerability before Talent Cloud has had a reasonable opportunity to investigate it.

Our Responsible Disclosure page explains how to submit a report and the information that will help us investigate.

15. Intellectual Property

Unless otherwise stated, Talent Cloud or its licensors own or have the right to use the intellectual property rights in the website and its content.

This may include rights in:

• software;
• website design;
• text;
• graphics;
• branding;
• logos;
• illustrations;
• reports;
• diagrams;
• product descriptions;
• documentation;
• methodologies; and
• other original materials.

You may:

• view public website content;
• share links to public pages;
• share public links internally within your organisation;
• quote reasonable extracts with appropriate attribution;
• use public content for legitimate personal or internal business evaluation purposes; and
• download materials that we expressly make available for download and use them for their stated purpose.

Unless permitted by law or authorised by us, you must not:

• reproduce substantial website content for commercial exploitation;
• republish Talent Cloud materials as your own;
• remove ownership or copyright notices;
• use Talent Cloud branding in a way that suggests endorsement, partnership or authorisation that does not exist;
• create misleading derivative materials using our content; or
• commercially exploit protected website content without appropriate permission.

16. Talent Cloud Names, Brands and Logos

The Talent Cloud name, logos, product names and associated branding may be protected by intellectual property law.

You may not use our branding in a way that:

• falsely suggests that Talent Cloud endorses you;
• falsely suggests that you are a Talent Cloud partner or customer;
• misrepresents the nature of our relationship;
• is misleading;
• infringes our intellectual property rights; or
• otherwise infringes applicable law.

Separate brand or marketing permissions may apply to customers and partners under their agreements with Talent Cloud.

17. No Unauthorised Representations

Public website content does not give any customer, partner, reseller, referral partner or other third party authority to make contractual commitments on behalf of Talent Cloud.

No third party may vary these Terms or represent that Talent Cloud has accepted a contractual obligation unless that person has appropriate authority to bind Talent Cloud in relation to the matter concerned.

Separate customer, partner or other commercial agreements may expressly grant particular rights or authority.

Where they do, the relevant agreement governs that authority.

18. Third-Party Content and Links

The website may contain links to websites, resources or services operated by third parties.

A link does not necessarily mean that Talent Cloud:

• controls the third-party service;
• endorses all content available through it;
• guarantees its availability;
• guarantees its security; or
• accepts responsibility for its privacy or other practices.

Third-party websites and services may be governed by their own terms, privacy notices and policies.

You should review those terms where appropriate.

19. Website Availability

We aim to maintain a useful and reliable public website.

However, we do not guarantee that the public website will always be:

• available;
• uninterrupted;
• error-free;
• compatible with every device or browser; or
• free from temporary technical issues.

We may suspend, withdraw, restrict or change all or part of the public website where reasonably necessary, including for:

• maintenance;
• security;
• technical changes;
• legal or regulatory reasons;
• service improvements; or
• changes to our business or website.

Where practical, we may provide notice of significant planned changes, but we do not guarantee advance notice for every website change or interruption.

20. Malware, Vulnerabilities and User Security

We take reasonable steps to operate the website securely.

However, no internet service can be guaranteed to be completely free from bugs, vulnerabilities, malicious interference or harmful code.

To the extent permitted by applicable law, we do not guarantee that the website, downloadable materials or third-party links will always be free from viruses or other harmful components.

You are responsible for using appropriate security protections on devices and systems that you use to access the website.

Nothing in this section changes any responsibility Talent Cloud may have under applicable law for security or the protection of personal information.

21. Accuracy and Currency of Website Information

We take reasonable care when preparing website content.

However, general website content may become outdated as:

• our products develop;
• technology changes;
• integrations change;
• laws and regulations change;
• programme requirements change; or
• commercial arrangements evolve.

You should not rely on general website content as the sole basis for a material legal, regulatory, employment, investment or commercial decision.

Where information is important to a proposed Talent Cloud customer relationship, the relevant position should be confirmed through the appropriate commercial or due-diligence process.

22. Trust, Privacy and Security Information

Our website includes public information concerning privacy, security, accessibility, responsible disclosure and technology-assisted processing.

Relevant documents include our:

• Privacy Notice;
• Cookie Policy;
• AI & Assessment Transparency Statement;
• Accessibility Statement;
• Security Statement;
• Responsible Disclosure guidance; and
• Trust & Compliance Centre.

These documents explain the relevant public position in greater detail.

Where a customer requires additional information for procurement or due diligence, further documentation may be available depending on the proposed service, confidentiality requirements and appropriate scope.

Public trust and security information should not be interpreted as a customer-specific security warranty unless expressly incorporated into an applicable agreement.

23. Personal Information

Our Privacy Notice explains how Talent Cloud processes personal information.

Where you submit personal information through the public website, that information will be handled in accordance with the applicable Privacy Notice and relevant law.

Use of the website or compliance with these Website Terms does not constitute blanket consent to the processing of personal information.

Similarly, use of the website does not constitute consent to electronic direct marketing.

Where consent is required for a particular processing activity, it should be obtained separately.

24. Cookies and Similar Technologies

Our public website may use cookies, browser storage and similar technologies.

Our Cookie Policy explains:

• the types of technologies used;
• why they are used;
• which technologies are necessary;
• how optional analytics technologies are handled; and
• how relevant preferences can be managed.

Where consent is required before a non-essential technology is used, the relevant consent mechanism operates separately from these Terms.

25. Submitting Information to Us

If you submit an enquiry, feedback or other information through the website, you are responsible for ensuring that:

• the information is not knowingly false or misleading;
• you are entitled to provide it;
• it does not unlawfully infringe another person's rights; and
• you do not unnecessarily submit confidential, highly sensitive or special personal information through a general enquiry channel.

If information is particularly sensitive, contact us first so that an appropriate communication route can be identified where necessary.

26. Feedback

If you voluntarily provide general feedback or suggestions concerning our public website, products or services, we may use that feedback to evaluate and improve our business and technology.

This does not transfer ownership to Talent Cloud of intellectual property that you or another person already own.

You should not submit confidential third-party information or material that you are not authorised to disclose as general feedback.

Different provisions may apply to feedback provided under a customer, partner or other commercial agreement.

27. Liability That Cannot Be Excluded

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing in these Terms is intended to exclude or restrict:

• liability for death or personal injury caused by negligence where such liability cannot lawfully be excluded;
• liability for fraud or fraudulent misrepresentation;
• statutory rights that cannot lawfully be excluded or restricted; or
• any other liability that applicable law does not permit us to exclude or limit.

The remaining provisions of this section and the following sections are subject to this principle.

28. Liability to Business Users

If you access the website wholly or mainly for purposes relating to your trade, business, craft or profession, you are a business user for the purposes of these Terms.

The public website is primarily intended to provide general corporate, product, trust and commercial information.

Binding commitments concerning matters such as:

• platform functionality;
• service levels;
• implementation;
• security requirements;
• data processing;
• pricing;
• warranties;
• indemnities;
• liability;
• support; or
• other customer-specific matters

should be set out in the applicable commercial agreement.

Subject to section 27 and to the fullest extent permitted by law, Talent Cloud will not be liable to a business user for indirect or consequential loss arising solely from use of the free public website or reliance on general website content.

To the fullest extent permitted by law, this includes loss of:

• profit;
• revenue;
• business;
• anticipated savings;
• commercial opportunity; or
• goodwill

arising solely from use of the public website or reliance on general public website information where that information was not provided as a specific contractual commitment.

29. Consumers

If you use the website for purposes wholly or mainly outside your trade, business, craft or profession, you may be a consumer under applicable law.

Nothing in these Terms is intended to remove or restrict mandatory consumer rights.

Where applicable law makes Talent Cloud responsible for loss that is a foreseeable result of our breach, these Terms do not exclude that responsibility where it cannot lawfully be excluded.

Nothing in these Terms is intended to prevent a consumer from exercising rights or remedies that applicable consumer law makes mandatory.

30. Third-Party Acts and Decisions

Subject to rights and liabilities that cannot lawfully be excluded, Talent Cloud is not responsible merely because the website links to or refers to an independent third party for:

• that third party's acts or omissions;
• its decisions;
• its website content;
• its service availability;
• its contractual arrangements; or
• its independent processing activities.

Different responsibilities may apply where a third party is acting as our service provider or otherwise on our behalf.

31. Suspension or Restriction

We may restrict or block access to the website where we reasonably believe this is necessary to:

• protect security;
• prevent unlawful activity;
• prevent abuse;
• protect other users or systems;
• respond to a legal requirement; or
• address a material breach of these Terms.

Any restriction should be proportionate to the circumstances where reasonably practicable.

32. Changes to the Website

We may update, modify, remove or introduce website content and functionality.

Changes to general website content do not automatically amend an existing customer, partner or other commercial agreement.

Where another agreement governs rights concerning a Talent Cloud service or relationship, those rights are governed by that agreement.

33. Changes to These Terms

We may update these Terms to reflect:

• changes to the website;
• changes to our business;
• changes to applicable law;
• changes to relevant services; or
• improvements to our legal and governance arrangements.

The current version and last-updated date will be published on the website.

Changes apply from the effective date stated in the updated Terms.

Where a change requires separate agreement rather than merely publication, we will seek that agreement where required.

34. No Waiver

If Talent Cloud does not immediately enforce a provision of these Terms, that does not necessarily mean that we have waived the right to enforce it later.

35. Severability

If a provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

36. Third-Party Rights

Unless expressly stated otherwise, these Terms are between you and Talent Cloud.

A person who is not a party to these Terms does not have a right to enforce them under the Contracts (Rights of Third Parties) Act 1999.

This does not affect any right or remedy of a third party that exists independently of that Act.

37. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

If you are a business user, the courts of England and Wales will have exclusive jurisdiction over disputes arising from or relating to these Terms or use of the public website, subject to any mandatory law that applies otherwise.

If you are a consumer, this provision does not remove any mandatory right you may have to bring proceedings in another court under applicable law.

Nothing in these Terms is intended to override mandatory rights or protections that apply to a person accessing the website from another jurisdiction.

38. Contact Us

Questions concerning these Terms may be sent to:

Talent Cloud Global Ltd

Suite A 82 James Carter Road Mildenhall Suffolk IP28 7DE United Kingdom

Company number: 16914164

Email: support@talentcloudglobal.com