Terms of Use

General terms and conditions of business and use of the BeTalent Ltd

Last modified: 14.01.2017

The term "BeTalent" shall hereinafter refer to the contractual services of BeTalent Ltd and / or BeTalent Ltd itself.

The term "User" shall hereinafter refer to each user of one of the BeTalent webpages regardless of how they use the service.


By registering as a User of BeTalent you agree to the following terms and conditions for the use of BeTalent (hereinafter referred to as the "Terms and Conditions").

BeTalent operates the services of BeTalent under different top-level domains (TheBeTalent.com, etc.) as well as various sub-domains and aliases of these domains. All websites on which BeTalent makes available the services of BeTalent are referred to in common hereinafter as the "BeTalent websites". These Terms and Conditions govern the contractual relationship between the User and BeTalent, irrespective of which of the BeTalent sites the User registers with or logs into.

The User concludes the contract for the use of the services of BeTalent with BeTalent Ltd. All other current mandatory information and other information of BeTalent Ltd are as stated in the legal notice and the privacy policy on the website of BeTalent.

The services provided by BeTalent are intended exclusively for persons of full age and for companies.

The User can view, download and/or print these Terms and Conditions at any time, even after conclusion of the contract, under the link to "Terms and Conditions" that appears on each of the BeTalent websites.

1. Subject matter

1.1. BeTalent offers its Users a platform with various services. For this, BeTalent offers a specialised industrial online platform.

1.2. Any use of the services and content offered on the BeTalent websites, with the exception of options provided by BeTalent, requires the prior written consent of BeTalent.

1.3. BeTalent provides Users with access to the data and / or information provided by other Users only to the extent that such data and / or information does not violate legal regulations, third party rights or these Terms and Conditions. BeTalent is entitled to remove any illegal content from the BeTalent websites without notice and without giving reasons.

1.4. The User acknowledges that a 100% availability of the BeTalent websites is technically impossible to achieve. However, BeTalent strives to keep the BeTalent websites available as much as possible. BeTalent cannot exclude that temporary service disturbances may result from taking necessary measures for maintenance or for reasons of safety or unforeseen capacity bottlenecks. Also, the User acknowledges that cases of force majeure or other events which are beyond the control of BeTalent (e.g. disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary interruptions of the services on the BeTalent websites.

1.5. BeTalent merely offers the User a platform through which to network with other Users, and only provides such technical applications as are required to allow Users to contact each other. BeTalent does not participate in the content of the communication between Users. To the extent Users enter into contracts with one another over the BeTalent websites contracts, BeTalent is deemed not to be involved in such arrangements and therefore is not a party. Users are themselves solely responsible for the execution and fulfillment of contracts concluded among themselves. BeTalent shall not be held liable in the event that, in connection with such a contract made over the BeTalent websites, there is no contact between users due to temporary disruptions or in the event that messages between users via chat tools hosted by BeTalent are received only after an unusual delay. BeTalent shall also not be liable for breaches of terms by Users under contracts between the Users.

2. Registration, Representations and Warranties upon Registration

2.1. Users must register before using the services of the BeTalent websites.

2.2. The User warrants upon registration that all data provided by him is true and complete and he uses the account for professional or business purposes. The User is obliged to immediately notify BeTalent of any changes in the registration data. The User shall not use pseudonyms or pen names.

2.3. The User warrants that he is of adult age at the time of registration.

2.4. When registering, the User shall choose a personal, individual and sufficiently secure password. He is obliged to keep this password secret. BeTalent will not disclose the password to any third party, nor ask the User at any time for the password.

2.5. By completing the registration process, the User submits an offer to conclude the contract for the use of the services of the BeTalent websites. BeTalent accepts this offer by activating the membership for the services of the BeTalent websites. At the time of this acceptance, an agreement between the User and BeTalent is concluded.

2.6. Each User may register only once and create only one user profile.

2.7. BeTalent can not determine with certainty whether the BeTalent websites registered User is actually the person who claims to be the User. BeTalent therefore assumes no liability for the actual identity of the User. Each User must therefore himself validate the identity of any other User.

2.8. Each User is obliged to keep his registration data in BeTalent up to date. More information about managing user accounts will be given to the User at registration or at current events, in updates or on demand by e-mail or by post.

3. User obligations

3.1. The User is obliged to

3.1.1. make only true and non-misleading statements in his profile and in communications with other Users and to not use pseudonyms or pen names,

3.1.2. to submit only photos of his person to the BeTalent websites which show the User clearly. The User shall ensure that the public reproduction of the photos sent by him is allowed on the BeTalent websites and does not infringe rights of third parties. The transmission of photos or pictures of other or non-existent persons or other beings (animals, fantasy creatures, etc.) is not permitted as a profile photo.

3.1.3. ensure when using the content and services on the BeTalent websites that he complies with applicable laws and does not infringe any third party rights, in particular he shall not:

  • use abusive, libellous content or insults, regardless of whether such content affects other Users, BeTalent employees or other persons or companies,
  • upload any pornographic or violent content or content that violates any child protection laws or offer or sell any pornographic or violent content or content that violates any child protection laws,
  • refrain from sending other Users without their express or implied consent any advertising or market research queries (particularly spam) or otherwise harass such Users (cf. § 7 German Unfair Competition Act),
  • use content protected by law (e.g. by copyright, trademark, patent, design patent or utility model law), without being entitled to do, or offer or sell legally protected goods or services,
  • use practices considered unfair competition, or promote such practices, including progressive customer acquisition practices (such as chain¬-, snowball- or pyramid schemes).

3.1.3. The User is obliged to refrain from the following annoying actions, even if they do not concretely violate any laws:

  • implementation, promotion and support of structured sales schemes (such as multi-level marketing or multi-level network marketing), and
  • offensive or sexually oriented communication (explicit or implicit) or insults, name-calling, or smears.

3.1.5. The User is also prohibited from

  • the use of software or scripts in connection with the use of the BeTalent websites, unless BeTalent has approved this in writing. The User may use the interfaces or software that are provided to him by BeTalent as part of the services offered on the sites of BeTalent.
  • blocking, overwriting, modifying, or copying data or content published on the BeTalent websites, except if it is for the proper, adequate use of the services of the BeTalent websites. Copying using so-called robots or by means of a crawler or similar search engine technology is not, among other things, deemed necessary for the proper use of the services of the BeTalent websites and is therefore prohibited.
  • streaming or playing in public content from the BeTalent websites or from other Users, and
  • carrying out any act that is likely to affect the functionality of the BeTalent infrastructure, especially acts which may excessively burden such infrastructure.

4. Changes to the Services on the BeTalent websites

BeTalent reserves the right to change the services offered on the BeTalent websites or to offer different services, except where this would be unreasonable to the User.

5. Duration, termination of the contract, refund of fees paid in advance

5.1. The User can cancel the free membership at any time without notice for any reason. Termination can be made using the contact form available on the BeTalent websites. Upon termination, the User name and registered email address must be specified.

5.2. If a registered company is a member and fee-based services have been booked, the contract will initially run until the end of the minimum use period booked by the User. Thereafter the membership will extend for renewal periods of the same duration unless it is cancelled in a timely manner by the User or BeTalent. The User and BeTalent may terminate fee-based services without stating reasons within a period of fourteen (14) days of the expiration of the applicable contract period. The termination can be carried out by the User using the contact form on the BeTalent websites or by fax or letter to the BeTalent. Upon termination, the User name and registered email address must be specified. Upon termination of paid membership by the User, the User will receive free membership until the end of the contract period.

5.3. The rules in section 5.2 provide for the right of both parties to terminate the agreement for cause, unaffected, if the continuation of the contract, for reasons that can be represented by the other party, is no longer reasonable after weighing all the circumstances of the case. A reasonable cause includes the following events:

  • violations by the User of his contractual obligations or the pending legal liquidation of the User;
  • the reputation of the services offered on the BeTalent websites is substantially affected by the presence of the User (for example, if it is determined after registration of the User that the User has been convicted of a criminal offence of fraud and other Users are aware of this conviction);
  • the User promotes any political associations or religious communities or private clubs, which violate constitutional protections, including in particular the safety of public institutions or jeopardize the protection of citizens or youth protection objectives or which are highly controversial in public debate;
  • the User causes harm to other Users; or
  • the User is a member of a sect or a religious community that is controversial in Germany or in the country where the User is domiciled.

5.4. If there is good cause in accordance with clause 5.3, BeTalent can, independently of termination pursuant to clause 5.3, also impose the following sanctions against the User:

  • delete content that the User has entered,
  • issue a warning, or
  • block access to the services of the BeTalent websites.

5.5. In the following cases all claims by the User for repayment of prepaid fees are excluded:

  • BeTalent legitimately terminates the contract for good cause in accordance with clause 5.3;
  • BeTalent disables the User's access in accordance with Section 5.4 for reasons of which the User is responsible; or
  • the User cancels the contract for a good cause attributable to the responsibility of BeTalent.

6. Responsibility for content, data and / or information provided by Users

6.1. BeTalent assumes no responsibility for the content, data and / or information provided by Users on the BeTalent websites or for the content of linked external websites. In particular, BeTalent does not ensure that this information is true, fulfils a particular purpose, or may serve such a purpose.

6.2. If the User notices an illegal or non-conforming use of the BeTalent websites (including the use of pseudonyms or false identities), he must report it using the contact form available on the BeTalent websites.

7. Customer Service / Support

The customer can submit questions and clarifications about his contract with BeTalent or the services of BeTalent via the contact form available on the BeTalent websites or by email or by fax or letter and BeTalent will strive to help the User as quickly as possible if he uses a paid service or the case is urgent for other reasons.

8. Liability Limitation of BeTalent

Claims for damages - regardless of the legal grounds - against BeTalent, or due to the ordinary negligence of its institutions or its agents, may be brought only if an essential contractual obligation (cardinal obligation) has been violated. A cardinal obligation is an obligation that the User was entitled to expect compliance with and the fulfilment of which is essential to the proper execution of the contract. Claims for damages are limited in this case to the amount of the typically foreseeable damage.

Claims for personal injury and property damage under the German Product Liability Act shall remain unaffected. The above exclusions and limitations also do not apply in the case of explicit guarantees by BeTalent and claims for lack of assured properties.

9. Exemption

9.1. The User shall hold harmless BeTalent from all claims, including claims for damages, asserted by other users or third parties against BeTalent due to a violation of their rights by the contents posted by the User on BeTalent websites. The User shall hold harmless BeTalent from all claims, including claims for damages, asserted by other users or third parties against BeTalent due to the infringement of their rights by the use of the services of the BeTalent websites by the User. The User assumes all liability for all reasonable costs that may be incurred by BeTalent due to an infringement, including costs of legal defense. All other rights, including damage claims by BeTalent, remain unaffected. The User has the right to prove that BeTalent actually incurred lower costs. The foregoing obligations of the User shall not apply if the User is not responsible for the infringement.

9.2. If third-party rights are violated by the contents of the User, the User of BeTalent will at the option of BeTalent acquire the right to use said contents or render said contents free of third party rights at his own expense. If by the use of the services of the BeTalent websites any rights of third parties are violated by the User, the User shall discontinue the breach of contract and / or illegal use immediately when prompted by BeTalent.

10. Privacy Policy

BeTalent takes very seriously the protection of all personal data transmitted by the User to BeTalent, and guarantees to ensure compliance with all German data protection and compliance requirements in accordance with the local regulations. In particular, all technical and organizational reasonable measures for data security are respected. BeTalent in particular will not disclose the personal data of users to third parties or allow third parties such knowledge without prior authorisation. Details concerning the processing of the data of the Users are governed by the privacy policy of BeTalent that are viewable from each of the BeTalent websites.

11. Contract changes, price changes, final regulations

11.1. BeTalent reserves the right to modify these terms at any time, without giving reasons, unless an amendment is unreasonable for the User. BeTalent will notify the User of changes to these terms in a timely manner. If the User does not contest the validity of the new terms within six (6) weeks after notification, the amended terms shall be deemed accepted by the User. BeTalent will alert the User of his rights in the notification and of the importance of the period in which opposition can be stated.

11.2. BeTalent reserves the right to increase the cost of fee-based services not more than once per calendar year with effect from the start of a new extension period, following the minimum period of use or the then current renewal period as appropriate. In this case, BeTalent shall inform the User of the change at least six (6) weeks before the end of the minimum period or the then current renewal period. If the User does not agree to this pay increase, he may contest the change within four (4) weeks by contact form, letter, fax or email. Contesting the change is equivalent to a termination of fee-based services by the User, so that the membership at the end of the existing minimum period of use will be converted into a free user account.

11.3. Unless otherwise agreed, the User may submit all notices to BeTalent by e-mail with contact form available on any of the BeTalent or transmit them by fax or letter to the BeTalent. BeTalent can send notices to the User by e-mail or by fax or post to the addresses that the User has specified as the current contact data in his or her user account.

11.4. If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.

11.5. Place of execution is the location of BeTalent.

11.6. Jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the seat of BeTalent.

11.7. German law applies to the exclusion of international private law and the UN sales law incorporated into German law.

4 Breakfield Mews, 30 Breakfield, Ullswater Business Park, Coulsdon, Surrey CR5 2HS UK
020 8645 0222
No user
No site