Terms of Service

AGREEMENT TO OUR TERMS OF USE

EFFECTIVE MAY 25 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE WWW.CLINCHTALENT.COM (OUR “WEBSITE”). BY USING OUR SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE OUR SITE.

These terms of use set out the terms and conditions on which you may make use of our Website. Use of our Website includes accessing and browsing on our Website by any means and through any medium.

Access to our Website is provided by Clinch and, by using our Website, you are entering into a binding agreement with us. For the purposes of these terms of use, Clinch means Clinch Technology Limited and its officers, directors, partners, consultants and employees.

Our Website contains a variety of insightful information, tips and handy resources, (collectively, “Content”).

Clinch also offers Software-as-a-Service (which may be accessed by our customers’ users via www.clinchtalent.com/sign-in and other commercial products and services pursuant to separate terms. These terms of use apply only to your use of our public facing free Website and not to your use of our Software-as-a-Service and/or other commercial products and services.

If you do not accept these terms of use, you must not use our Website.

OTHER APPLICABLE TERMS

These Clinch terms of use refer to the following additional terms, which also apply to your use of our Website:

Clinch Privacy Policy

Our Privacy Policy (available here) sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you (if any) is up-to-date and accurate.

Clinch Cookie Policy

Our Cookie Policy (available here) sets out information about the cookies on our Website.

ABOUT CLINCH

Our Website (www.clinchtalent.com) is operated by Clinch Technology Limited (“We”). We are a private limited company incorporated in Ireland with company registration number 536942. Our registered office is located at 11 Palmerston Road, Rathmines, Dublin 6, Ireland. Our office address is WeWork, Block D, Iveagh Court, Harcourt Street, Dublin 2, Ireland. Our Irish VAT number is IE3232597OH.

CHANGES TO THESE TERMS OF USE

We periodically update these terms of use and may do so at any time without notice to you by amending this page. Please check on this page from time to time and take note of any changes we make, remembering they are binding on you when you use our Website.

CHANGES TO OUR SITE

We may update our Website from time to time without notice, including to change, replace or amend the available Content. We do not guarantee that our Website, or any Content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website, or the relevant Content, without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, Clinch is the owner or the licensee of all intellectual property rights in or on our Website, and of the Content and other material published on it. Those works may be protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy (or save one copy locally), and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to Content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged. You must not use any part of the Content on our Website for commercial purposes. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The Content on our Website is provided for general information only, including (without limitation) any Content that you access via the Clinch Blog. It is not intended to amount to advice on which you should or can rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up-to-date.

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

USE OF, OR INABILITY TO USE, OUR SITE;
USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE;
LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
BUSINESS INTERRUPTION;
LOSS OF ANTICIPATED SAVINGS;
LOSS OF DATA;
LOSS OF BUSINESS OPPORTUNITIES, GOODWILL OR REPUTATION; OR
ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT. WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

NOTHING IN THESE TERMS OF USE SEEKS TO EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY IRISH LAW.

VIRUSES

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of Content on our Website other than that set out above, please contact support@clinchtalent.com.

THIRD PARTY LINKS AND RESOURCES ON OUR SITE

Clinch is not responsible for any external third-party content or linked websites available or provided on our Website. The provision of any third-party content or website link does not indicate or imply Clinch’s endorsement of that content or website. All external content and website links are provided only as a convenience.

CLINCH’S TRADE MARKS

CLINCH, the CLINCH logo and the Clinch Device are trademarks of Clinch Technology Limited.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree to that the courts of the Republic of Ireland will have non-exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of the Republic of Ireland.

MISCELLANEOUS

These terms of use govern your use of our Website and constitute the entire legal agreement between you and Clinch relating thereto.

Clinch’s failure to enforce any right or remedy in these terms of use shall not constitute a waiver of such right or remedy and the same shall still be available to Clinch, to the extent permitted by law. If any provision (or collection of provisions) of these terms of use is found to be invalid, the remaining provisions of these terms of use remain unaffected and shall continue to govern your use of our Website.

CLINCH CONTACTS & OFFICE LOCATIONS

To contact us concerning these terms of use, please email support@clinchtalent.com. Contact details for our office location can be found below.

Clinch Technology Limited – Dublin

WeWork, Block D, Iveagh Court, Harcourt Street, Dublin 2 Ireland