Terms & Conditions
1.1 If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern RailTalent.com relationship with you in relation to this Website.
1.2 The term ‘RailTalent’, ‘Us’, ‘us’, ‘Our’, ‘our’, ‘We’ or ‘we’ refers to RailTalent.com. The terms ‘You’, ‘you’, ‘User’, or ‘user’ refers to the user or viewer of RailTalent.com.
1.3 These Terms & Conditions apply to all users of the Website, this includes but not limited to users who have contributed content, information, data, images, video and any other Service to RailTalent.com. All users and viewers () acknowledge acceptance of these terms and conditions.
1.4 RailTalent reserves the right to update the Terms & Conditions from time to time in its sole discretion. You should review the Terms & Conditions periodically.
1.5 If you disagree with any part of these Terms & Conditions, please do not use RailTalent.com.
2. RailTalent User Accounts
2.1 In order to access certain features of RailTalent, you will be required to create a RailTalent user account. When creating your user account, you must provide accurate and complete information.
2.2 You must notify RailTalent straight away of any breach of security or unauthorized use of your RailTalent user account that you become aware of.
2.3 You agree to take sole responsibility (to RailTalent and to others) for all activity that occurs under your RailTalent user account.
2.4 You agree to take sole responsibility for (and that RailTalent has no responsibility to you or to any third party for) any breach of your obligations under the Terms & Conditions and for the consequences (including any loss or damage which RailTalent may suffer) of any such breach.
3. Copyright and User Submitted Content
3.1 As a RailTalent client account holder you may submit textual content (“User Submitted Content”). You understand that RailTalent does not guarantee any confidentiality with respect to any User Submitted Content.
3.2 You warrant and represent to us that any elements of text, graphics, photos, designs, trademarks or other material supplied to RailTalent for inclusion in RailTalent.com are owned by you, or that you have permission from the rightful owner to use each of these elements and that RailTalent’s use of such material shall not infringe the intellectual property rights of any third party.
3.3 You agree to not post, email, or make available through RailTalent any Content that is objectionable to RailTalent or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email or make available through the RailTalent any Content that:
- is unlawful, harmful, threatening, abusive, defamatory, libelous, invasive or any information harmful to minors;
- is of a political nature and/or is critical of any government or municipal employee in any jurisdiction.
- is pornographic or any kind of nudity, sexually explicit or perverse content;
- is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals;
- impersonates any another person;
- includes personally identifiable information about another person without their permission;
- is false or deceptive;
- includes links to other websites, except when expressly approved by RailTalent
- violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
- contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- disrupts the normal flow with an excessive number of messages; or
- uses misleading contact details to disguise the true origin.
You further agree not to:
- contact people who do not wish to be contacted;
- stalk or harass other users of the Website;
- collect personal information about users for commercial or unlawful purposes;
- post Content that is irrelevant or unrelated to the category or discussion thread where such Content is posted;
- to post, email, make available through the Website or contact RailTalent or any other users of the Website with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or
- attempt to gain unauthorized access to RailTalent, the server on which the Website is stored or any server, computer or database connected to the Website,
3.4 For the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and RailTalent reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of the Terms & Conditions from accessing the Website.
3.5 You accept that by using RailTalent.com, you may be exposed to User Submitted Content that are factually inaccurate or otherwise objectionable to you. You hereby agree to waive any legal claims whatsoever you may have against RailTalent with respect to any such User Submitted Content.
3.6 Your use of any User Submitted Content, information or materials on RailTalent is entirely at your own risk, for which we shall not be liable in any form or shape. It shall be your own responsibility to ensure that any products, services, links or information available through RailTalent meet your specific requirements.
3.7 RailTalent contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without prior permission.
3.8 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4. Intellectual Property Rights
4.1 When you upload or post a property profile submission or other material to RailTalent, you hereby grant:
- to RailTalent, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Service and otherwise in connection with the provision of RailTalent, including without limitation for promoting and redistributing part or all of RailTalent (and derivative works thereof) in any media formats and through any media channels;
- to each user of the RailTalent, a worldwide, non-exclusive, royalty-free, licence to access your User Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submitted Content to the extent permitted by the functionality of the Website and under these Terms and Conditions.
4.2 When you upload, create an account, enter your profile details, post a job, submit a resume, attach a CV or make any other submission or submit other material to RailTalent, you warrant and represent that your Contribution;
- is your own original work and that you have the right to make it available for all the purposes specified above and that it does not breach or infringe anyone else’s rights such as copyright or in is in any way illegal;
- if is not your original work, you clearly indicate the source/origin and the author and warrant that you have all permissions and/or license to reproduce such work;
- is not defamatory, libelous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
- will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
- is not otherwise offensive;
5. Limitation Of Liability
5.1 Nothing in these terms and conditions shall exclude or limit RailTalent’s liability for death or personal injury resulting from RailTalent’s negligence or that of its affiliates, partners, owners, employees, agents or sub-contractors.
5.2 In no event shall RailTalent be liable to the user for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or RailTalent had been made aware of the possibility of the user incurring such a loss.
5.3 We will not be liable for loss or damage arising out or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of life, loss of or damage to property and claims of third parties.
5.4 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on RailTalent.com for any particular purpose. We make no representations or warranties of any kind with respect to the site or its contents. You acknowledge that such information and materials may contain any type and form of inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.5 In addition, we make no representations or warranties about the completeness or suitability for any purpose of the information and related graphics published in this site.
5.6 Railtalent is merely a Platform and Website to connect Job Advertisers with Job Seekers and not a recruitment agency or recruiter of any type. We absolutely take no responsibility for the content of any job advertisement or resume placed on the website. Advertisement content is supplied wholly by the advertiser. We recommend that applicants verify all information contained in the advertisement before making any commitment whatsoever.
5.7 All advertisers shall ensure that all information that it provides, including but not limited to information related to placements to be advertised on the site, is accurate, does not contain any misleading items or misrepresentations, does not infringe any other person’s rights and does not breach any applicable law.
5.8 We give no warranty or representation, expressed or implied, in respect of any Applicant and accept no liability for any failure of an Applicant to perform or comply with their terms of employment or engagement, or for any loss, expense, damage or delay, however caused, arising from the introduction of the Applicant to the Client’s employment.
5.9 All users are responsible for taking appropriate measures against the risks associated with using the internet, including viruses and other harmful mechanisms. We will not be liable for any loss, damage or liability caused by any such item.
5.10 We will take all possible care to ensure that the website is available at all times, but will not be responsible for any time for which it is unavailable, whether due to telecommunications or internet failures or otherwise.
6. Third Party Interaction
6.1 Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that RailTalent shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release RailTalent, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
7. External Links
7.1 Occasionally, links from our site lead to pages maintained by other organizations. These links are provided purely for your convenience, and do not imply that RailTalent endorses or supports those organizations, the information on their pages, or their products or services in any way. Additionally, no responsibility is assumed by RailTalent for the contents of its pages.
7.2 We have no responsibility for the content of the linked website(s). Please note that such links are not under our control and we do not contribute to the contents of such linked websites. When you click through to these linked websites you leave the area controlled by us. We cannot accept responsibility for any issues arising in connection with the linked website’s use of your data, the site content or the services offered.
7.3 All users are responsible for taking appropriate measures against the risks associated with clicking on links.
The privacy of our visitors to RailTalent is important to us.
At RailTalent, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit RailTalent, and how we safeguard your information. We never sell your personal information to third parties.
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
Cookies and Web Beacons
DoubleClick DART cookies
We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (”interest based targeting”). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting http://www.doubleclick.com/privacy/dart_adserving.aspx
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts. Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.