Terms of service

Version 1.1

Last Revised: 1st January 2021

1. Introduction

GOTALENTCOM LTD (Company No. 12983657) ("GoTalent" ,"We", "Our", or "Us")

operates an online job marketplace platform via www.gotalent.com website and other channels (altogether referred to as the "Services").

This document sets out the Terms of Service ("Terms") that apply to all registered users of Our Services (“Users,” or as used herein, “You,” “Your”, “Yourself”), including, but not limited to, Users who are seeking employment (“Candidates”) and companies interested in hiring or engaging with Candidates (“Clients”).

By accessing the Services, You agree to be bound by these Terms, as well as any additional documents referred to in this document, namely, Our Privacy Policy, which sets out the manner in which We may process any information provided by You, or collected by Us. 

You must not access the Services if You do not agree to the Terms, the Privacy Policy, the Data Processing Agreement, and any other document mentioned in the Terms. 

In agreeing to the Terms, You acknowledge that You represent Yourself and/or the company You represent has given GoTalent all the information necessary to perform the Services.

These Terms contain the entire agreement of the parties and supersede all other agreements and understandings with respect to the matters contained herein.

2. Registration and Account Information

To use the Services, You must first register with GoTalent by completing the online registration. GoTalent shall email You a confirmation email upon acceptance and confirmation of its registration ("Confirmation Email"). 

Your contract to use the Services under these Terms ("Contract") takes effect on the date of the Confirmation Email.

By registering, You agree to provide accurate, current, and complete information about yourself (the "Registration Data"). GoTalent reserves the right to conduct verification and security procedures in respect to the Registration Data that You provide to GoTalent. 

You agree to update the Registration Data when necessary. If GoTalent has reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, GoTalent may suspend or terminate Your account. 

You agree You will not:

  1. create an account using a false identity or information that is not your own; 
  2. have more than one account; 
  3. create an account or use the Services if You have been previously removed from the Services; or 
  4. create an account if you are a Client operating as a competitor or in a competitive industry to GoTalent. 

We reserve the rights, in Our sole discretion, to accept or reject Your application to use Our Services, as well as suspend or terminate Your account for any reason, or for no reason at all. 

It is your responsibility to maintain the confidentiality of your password and account, and you will be held fully responsible for any and all activities that occur under your account. 

You agree to immediately notify Us of any unauthorised use of Your account or any other breach of account security.

3. Your Responsibilities

You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any third parties. 

When using Our Services, You agree that You will not:

  1. copy or distribute any part of the Services, including by way of automated or non-automated "scraping";
  2. use any automated systems including "robots" and "spiders";
  3. interfere with or compromise Our systems’ integrity or decipher any server transmissions;
  4. impose any unreasonably large load on Our infrastructure;
  5. upload viruses or worms to the Service;
  6. collect or retain any personally identifiable information contained in the Service beyond the permitted use hereunder;
  7. access the Service by any means other than authorised herein, including virtual private networks which are expressly forbidden;
  8. stalk, harass, bully or harm others;
  9. impersonate any person or entity; or 
  10. hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content. 

Your continued access to Our Services are contingent on Your agreement to act in a professional manner. You agree, represent, and warrant that any personally identifiable information of third parties you provide or upload to GoTalent pursuant to your use of our Services, will be provided with all complete and legal consents and permissions to provide GoTalent with such information. 

In the event of a Covered Offer, you will provide GoTalent with its key terms, including employment start date and compensation, as may be requested by GoTalent.

3.1 Conduct Of Employment Agencies And Employment Businesses Regulations 2003.

GoTalent, the Client, and the Candidate, agree that for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the "Conduct Regulations"), GoTalent shall be an 'employment agency' and the Client shall be a 'hirer', and the Candidate shall be a ‘work-seeker’ as defined in the Conduct Regulations and Employment Agencies Act 1973.

By accepting the Terms, the Candidate agrees to provide GoTalent with such information as GoTalent may reasonably request, including (without limitation) as to the identity of the Candidate and information in relation to the Candidate’s experience, training, qualifications and authorisations as are necessary to undertake the work. The Candidate accepts that GoTalent may not be able to introduce the Candidate to a Client if any of the information requested is required and has not been provided.

By accepting the Terms, the Client agrees to provide all the information needed by GoTalent to enable GoTalent to comply with its obligations under the Conduct Regulations. The Client shall notify GoTalent as soon as reasonably practicable if any of this information changes. The Client accepts that GoTalent may not be able to introduce a Candidate if any of the information referred to above has not been provided.

The Client shall indemnify and keep indemnified the GoTalent Parties and their respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from the Client's breach of any of its obligations under this Section, including as a result of the Client's failing to provide the information required or providing information which is inaccurate or incomplete.

4. Third Party Agents

Clients may permit third party agents to use the Service on their behalf (“Third Party Agents”), but will remain fully responsible for their Third Party Agents’ actions and any breach of the Terms by a Third Party Agent shall be deemed to be a breach by the Client. The Service is to be accessed by Clients and its designated Users only and only for Clients’ internal business purposes, not for resale or unauthorised distribution to any third party.

5. Third Party Services

GoTalent may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, job postings, email and telephone correspondence and other offers outside of the GoTalent network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and these Terms do not apply to Your use of any such provided Third Party Services. 

You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the GoTalent network, or may choose to not utilise such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. GoTalent is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.

6. Your Content

As Users of Our Services, all information You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. 

By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the GoTalent Service(s). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. 

We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of these Terms or any applicable law. 

We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. 

You understand that GoTalent is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of GoTalent. 

You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the GoTalent Parties with respect thereto. 

Any and all Content You upload is not considered confidential by GoTalent, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in GoTalent’s sole discretion, and GoTalent has no control or liability over what other users do with your Content. You understand and agree that GoTalent will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. 

If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.

7. Licensing to GoTalent

Users will retain all rights to the Content they upload or create on or through the Services. 

You hereby grant to GoTalent and its owners, affiliates, representatives, licensees, licensors and assigns (the "GoTalent Parties") a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, modify, publicly perform, distribute, store, broadcast, transmit and reproduce Your Content, logo(s), service marks, trademarks and trade names in conjunction with the Services, including in developing, enhancing, and supporting the Services. 

You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content.

8. Limitation On Liability

GoTalent is not liable for: (a) any Content posted on Our Services; (b) contracts or other obligations that may arise between Users; (c) any damages that result through Your use of Our Services in violation of this Agreement; (d) any negative or critical comments that may be posted by other Users through the Services; (e) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services; or (f) any third-party personally identifiable information You upload or provide to GoTalent pursuant to the Services.




Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

9. Intellectual property rights

GoTalent and its licensors own all rights in the intellectual property rights relating to the Services, including but not limited to all software forming part of the Services ("Software"). 

Those works are protected by copyright laws and treaties around the world. Nothing in the Terms will serve to transfer from GoTalent to You any of the Software, and all right, title and interest in and to the Software will remain exclusively with GoTalent and/or GoTalent’s licensors. 

All rights in and to the Software not expressly granted to You are reserved by GoTalent and the relevant third party licensors. You may print off one copy and may download extracts of any pages from the Services solely for use for Yourself; and You may draw the attention of other Users to Submissions or materials posted on the Service. 

You must not use any part of the submissions of other users and all materials on the Service for any purpose other than accessing the Service or obtaining a benefit from the Services in accordance with these Terms.

You shall not:

  1. modify, translate, create or attempt to create derivative copies of or copy the Software in whole or in part;
  2. reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software to source code form;
  3. distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Your right to use the Software.

10. Warranties

You hereby warrants that: 

  1. You have the right and capacity to enter into and be bound by these Terms; and
  2. You shall comply with all applicable laws regarding the Your use of the Services; and
  3. You agree to abide by the rules and reasonable directions of GoTalent relating to the Service as may be provided by GoTalent from time-to-time. 

GoTalent relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services available to You. 

Whilst GoTalent takes all reasonable steps available to it to provide You with a good level of service, GoTalent does not guarantee that such service shall be fault free or uninterrupted at all times. 

GoTalent therefore shall not be liable in any way for any losses You may suffer as a result of delays or failures of the Services as a result of GoTalent’s service providers. 

Except as expressly set out herein, to the maximum extent permitted by law, GoTalent, expressly excludes all representations, warranties, obligations and liabilities in connection with the Services, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed. 

GoTalent may display or provide links or other interaction with third party websites and third party advertising banners on the Service ("Third Party Websites"). 

In particular, the Services may also provide You with the opportunity to connect and publish Openings and other Customer Information through Third Party Websites and other third party services such as social and business networking sites. 

Use of any such Third Party Websites and services shall be at the risk of You and subject to the terms and conditions of the Third Party Website provider

11. Indemnity

You agree to defend and indemnify the GoTalent Parties from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to:

  1. Your Content;
  2. Your use of and access to the Services in violation of these Terms;
  3. Your violation of these Terms;
  4. Your violation of any law, rule, or regulation, or the rights of any third party, including Your upload or provision of personally identifiable information through the Service;
  5. Your use of any Third Party Services; and
  6. Claims alleging that the GoTalent Parties and the Client are joint employers.

12. General

12.1 Trademark Infringement

We take copyright and trade mark infringement very seriously. Without liability to any User and in accordance with paragraph 19 of the Electronic Commerce (EC Directive) Regulations 2002 (SI2002/2013) and Article 14 of the E-Commerce Directive (2001/31/EC) We reserve the right to, at any time, with or without notice and in Our sole discretion, terminate the account of any User and/or remove any content posted by any User that infringes intellectual property right(s) upon prompt notification to GoTalent by the intellectual property right(s) owner or their legal representative.

12.2 Applicable Law and Jurisdiction

These Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

12.3 Force Majeure

We will not be liable for any failure or delay in performance to the extent caused by any circumstances beyond our reasonable control.

12.4 Severability; Headings.

The unenforceability of any provision of these Terms will not affect the enforceability of any other provision. If any provision of these Terms is deemed to conflict with another, GoTalent will have the sole right to elect which provision remains in force. Headings are provided for convenience only.

12.5 Non-waiver

If GoTalent fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve You from compliance with such obligations.

No waiver by GoTalent of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing. 

All notification and communication to GoTalent should be sent to the contact details made available to You on Our Services. 

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

12.6 Termination

We may suspend or terminate the Services or Your account at Our discretion without explanation and notice, though We will strive to provide a timely explanation. 

If you are a Client, in the event of Your breach of the Terms, We will notify You of such breach, and in the event the breach can be cured, provide You thirty (30) days to cure such breach. If such breach remains uncured, We will terminate the Services. 

If you are a Candidate, You may terminate the Services by closing Your account. GoTalent will not have any liability whatsoever to You for any suspension or termination. 

All provisions under these Terms which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.

12.7 Payment

All fees for GoTalent Services are due and payable net thirty (30) days from the date indicated on each invoice as sent to Client by GoTalent unless otherwise indicated by Us. 

Should any Success Fees, Subscription Service Term fees, or other fees incurred by Client pursuant to Client’s use of the Services remain unpaid more than ten (10) days after the thirty (30) day payment requirement set forth herein, GoTalent will, as a genuine assessment of its damages, assess a late payment fee on Client’s invoice equal to five percent (5%) of the amount overdue for each month OR FRACTION THEREOF, OR SUCH LESSER AMOUNT AS MAY BE THE MAXIMUM AMOUNT PERMITTED BY LAW, outstanding until paid, beginning with the due date of the late payment.

You agree and understand that you are liable for the assessment and payment of any and all applicable taxes with respect to your payment for GoTalent Services. 

GoTalent may change its fees and billing methods at any time (including to begin charging for services that it is currently providing free of charge) by providing notice to You as set forth in the Notice section herein.

12.8 Professional Services

Clients may have the option to purchase certain professional services including sourcing and recruiting assistance from GoTalent to source Candidates through the Service on Clients’ behalf (the “Professional Service(s)”). 

Client acknowledges and understands that any decisions by Client pursuant to such Professional Services including any and all final determinations as to the Candidates sourced, any hiring or employment decisions, or otherwise, are the sole and exclusive determination of the Client, and GoTalent will not be responsible for any decisions made by Client. GoTalent makes no representations, warranties, or guarantees with respect to the Professional Services. 

The term of these Professional Services will be as purchased or set forth on an applicable Subscription Agreement or Order Form and may not be terminated early by Client. GoTalent disclaims all liability for actions taken by Client pursuant to the Professional Services offered.

12.9 Assignment

You may not assign any rights or obligations under this Contract without the consent of GoTalent.

12.10 Notice

You agree that We will provide notices and messages to you either within the Services or sent to the contact information that you provided Us. 

You are responsible for providing GoTalent with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving GoTalent’s notices, GoTalent’s dispatch of such email will nonetheless constitute effective notice. 

You may give notice to GoTalent at the following address: 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. Notices shall be deemed given when received by GoTalent delivered by overnight delivery service or first-class postage prepaid mail.

12.11 Electronic Communications

Any communication between You and GoTalent under or in connection with the Services may be made by electronic mail or other electronic means.

You consent to receive communications from GoTalent electronically, and agree that all terms, conditions, or otherwise, provided to your electronically satisfy any legal requirement that would be satisfied if they were in writing.

12.12 Modifications


When changes are made, We will make a new copy of the Terms available by posting on Our Site or through the Services.

We will also update the "Last Revised" date at the top of these Terms. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services.

Changes will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Site for existing users.

GoTalent may require You to provide consent to the updated Terms. If You do not agree to any change(s) You agree to stop using the Services. Your continued use of the Services constitutes Your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE.

13. Specific Terms of Use

13.1. Communication between Client and Candidate

GoTalent serves only as the platform provider, and any communication, hiring, or other decisions are purely those of the Client and Candidate, not GoTalent.

13.2. Client Specific Terms

Once a Client registered for the Service, the Client will be able to view Candidates on the Service, communicate with these Candidates, and submit non-binding interview requests (“Interview Request(s)”). YOU UNDERSTAND THAT GOTALENT DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. YOU AGREE TO CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE ENGAGING ANY CANDIDATE.

The Client agrees to submit all Interview Requests exclusively through the Service. The Client and the Candidate may use other means of communication as agreed upon between Client and Candidate after such Interview Request has been submitted. 

The Client agrees not to circumvent the Service by independently attempting to communicate and hire the Candidate through alternative means after discovering the Candidate on the Service.

13.3. Limited Exclusivity for Candidates

Candidates discovered on the Our Services are exclusive Candidates of GoTalent for a period of ninety (90) days from view date by Client on the Our Services. 

Such exclusivity, for clarity, means that for any Candidate hired by Client from Our Services the Client will be charged GoTalent’s then-current Success Fee for any accepted Covered Offers (unless otherwise covered by an active Subscription Agreement) if such Covered Offer is provided to Candidate within the above noted ninety (90) day period. 

If a Client circumvents the Service after discovering a Candidate and subsequently hires that Candidate by means other than the Service during or within ninety (90) days after expiration or termination of these Terms, the Client will pay GoTalent a Fee equal to 25% of the 1st year base salary and GoTalent may, in its sole discretion, terminate the Client’s account.

13.4. Subscription Agreements

Clients engaged in a Subscription Agreement with GoTalent (individually a "Subscription Client" and collectively "Subscription Clients") will be charged a Subscription fee as agreed upon between the Client and GoTalent for the period as agreed upon between the parties (the "Subscription Period").

During the Subscription Period, the Subscription Client will be able to view, request, contact (through the Service) and extend Covered Offers to Candidates provided to the Subscription Client on the Service. 

All Covered Offers must be made for positions located in the territories set forth in Your Subscription Agreement. All other territories are excluded. 

If the Subscription Agreement contains payment obligations for Covered Offers, the Client agrees to pay the Committed Success Fee for such Covered Offers as indicated in such Subscription Agreement. 

In the event of a dispute regarding Committed Success Fees, if Client can show that within the three months prior to discovery on Our Services, Client had active back and forth communications with a Candidate regarding the relevant employment opportunity, GoTalent may, in its sole discretion, determine if such Committed Success Fee remains due and owed. 

In the event You have paid a Success Fee and a Candidate is terminated or discontinues their employment or contractor engagement with You within ninety (90) days of start date, GoTalent will provide You a credit for additional services corresponding to the Committed Success Fees paid for such Candidate. Any applied credit will expire twelve (12) months from date issued. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THESE TERMS.

13.5. Authorized Users and Devices

Client will be provided a number of “Premium” and “Standard” seats (each, an “Authorized User”). “Premium” seats will be those users able to interact with Candidate on the Service, including sending Interview Requests. “Standard” seats will be those users able to view Candidates on the Service but will not be able to interact with, or send Interview Requests, to Candidates.

Client will designate one Client user for each seat it purchases and will not permit a Client user to share a Client user’s access to the Service with any other individual. If a Client user ceases employment, takes leave or vacation, or transfers work function, Client may transfer the Client user's seat to a different Client user. 

GoTalent reserves the right to limit the number of transfers of each seat. If GoTalent discovers that Client users are sharing seat access to the Service with other Client employees or contractors who have not been provisioned access (each, an “Unauthorized User”), this will be deemed a material breach of these Terms. 

GoTalent will have the right to assign any unused seats purchased by Client to the Unauthorized Users to remedy Client’s breach. If there are no unused purchased seats, GoTalent reserves the right to assess a fee equal to 1.5 times the prorated cost of the Additional Premium Seat.

Each Authorized User may be logged into Our Service from up to three (3) different browsers or computers (the “Devices”) at the same time. Should Client exceed the Device limit, Client will be notified through the Service and prompted to log out of at least one (1) other active session before proceeding.

Client may add additional seats at any time during an applicable Service Term. For clarity, additional seats will be added only for the duration of the applicable Service Term and the associated fee set forth on the applicable Order Form will be prorated accordingly. Upon Client’s notice of intent to add additional seats and immediate payment of invoice, GoTalent will add the number of seats requested.

13.6. Candidate Specific Terms

A Candidate is required to promptly notify GoTalent if the Candidate: 

  1. accepts a Client’s offer of employment, whether for an indefinite or fixed term;
  2. accepts a Client’s employment offer during or within twelve (12) months after termination of a Contractor Engagement with such Client (each, a "Covered Offer"). 

You agree that: 

  1. If You receive a Covered Offer, You shall promptly notify GoTalent of Your Start Date and the key terms of such Covered Offer (and notify GoTalent promptly should that Start Date or offer terms change at any time); and
  2. You will promptly notify GoTalent after termination of Your employment as a Candidate, in the event that (a) a Client terminates Your engagement based on unsatisfactory performance within ninety (90) days of the date on which Your Employment commenced, or (b) You voluntarily terminate Your engagement within ninety (90) days of the date on which Your engagement commenced.

The Candidate agrees not to attempt to circumvent the Service by independently attempting to communicate with a Client that contacted or communicated with him or her on the Service.