Terms and Conditions
Terms and Conditions (Last updated November 10, 2019)
These Terms and Conditions govern your access to and use of the TalentMondo website and mobile applications (collectively, the "Site") and any services (the Services"") offered on the Site. This is a legal agreement between you and TalentMondo, Inc. ("we", "us" or "TalentMondo").
The Site is owned and maintained by Fratelli Danışmanlık A.Ş Company, known under the commercial denomination of "TalentMondo", with registered office at Bereketzade Mah. Şair Ziya Paşa Cad. No: 3/7 Beyoğlu, Istanbul, Turkey and with VAT 3880756348 ("TalentMondo","us", "we", or "our").
By clicking the "Join Us!" button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms and Conditions.
We may modify these Terms and Conditions from time to time. When changes are made, we will make the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made.
- Nature of Our Site and Services
- The Service offered by Talentmondo consists only in operating an online platform that allows care for children, older people, pets and home. ("Care Seekers") to connect with people who want to provide those services ("Carers," and collectively with Care Seekers, "Users"). TalentMondo is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.
- As the operator of the online platform, Talentmondo only acts as an intermediary, and therefore we cannot intervene in any way in the relation that develops between a Care Seeker and a Carers. Each Carer is free to decide if he/she wants to answer positively to a Care Seeker’s offer to enter into a relationship and each Care Seeker is solely responsible for the Carer he chooses. In no event will we be liable for the behavior of Care Seekers and Carers for any damages that they may cause to one another in the context of childcare and eldercare. The Users should arrange such problems among themselves.
- TalentMondo has no obligation to screen or verify the identity or background of any User. TalentMondo does not screen or verify the training or experience of any of the Users, or any content submitted by a User or anyone other than TalentMondo ("User Content"), including but not limited to User Profiles and Reviews. TalentMondo has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site
- TalentMondo further makes no representations about the Carers or the Care Seekers. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
- Transactions are solely between Users. We are not involved in the transactions between Carers and Care Seekers. Users arrange for the services solely between themselves, and TalentMondo is not a party to any of those arrangements. TalentMondo does not have control, supervise or provide any training or equipment to the Carers, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Carers. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Carer or services received by a Care Seeker. As set forth in Section 15, you agree to release TalentMondo from any claims or liability that may arise from any disputes between you and other Users.
- TalentMondo is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and TalentMondo is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if TalentMondo is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify TalentMondo for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
- If requested by TalentMondo, you agree to provide TalentMondo with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver's licenses) or other information as may be needed or requested by TalentMondo.
By requesting to use, registering to use and/or using the Site, you represent and warrant that:
if you are a Care Seeker:
- Minimum Age You are an individual at least 18 years of age,
- Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- if you are a Carer:
- Minimum Age Our Services are available only to individuals who are 18 years of age or older and can form legally binding contracts under applicable law,
- Legal Right to Work. You have the legal right to work,
- Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- if you are a Care Seeker:
- TalentMondo has no obligation to conduct background or verification checks on its users. However, to the extent permitted by law, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
- User agrees to release Talentmondo and Talentmondo's affiliated parties from any claims regarding any misstatements and misrepresentations made by any users of this site. ("Affiliated Parties" means TalentMondo's officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
- Use of Site and Services
TalentMondo may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about, family-related services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
- Use of Other Users' Personal Information. You may from time to time receive personal information of another User. For example, address of another User. Users will be provided with each other's contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Carers may not contact Care Seekers, and Care Seekers may not contact Carers, for any purpose other than asking a question, providing information, or making arrangements related to a care purpose.
- Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TalentMondo in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
- Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
- No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
- Reporting of Violations. You agree to report to us promptly any violation of these Terms and Conditions or any alleged improprieties of any Users. You can contact us at email@example.com
- Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profile, and TalentMondo may add Users into these groups from time to time. Unless expressly stated otherwise, TalentMondo is not affiliated with any of these listed organizations nor does TalentMondo verify the User's membership with such listed organization.
- User Content and Communication Rules and Guidelines
- As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles ("Profiles"), reviews of Carers ("Reviews"), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
- contains photographs or images of another person, unless you are that person's Care Seeker or legal guardian;
- contains others' copyrighted content unless you have written permission from the copyright owner;
- contains or discloses another person's personal information without his or her written permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- implies that the User Content is in any way endorsed or sponsored by TalentMondo;
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
- is intended to harass, annoy, threaten or intimidate any other Users of the Site;
- is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
- contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;
- uses scripts, bots or other automated technology to access the Site;
- otherwise violates the rights of third parties, including rights of privacy or publicity, or violates applicable laws and regulations.
- Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms and Conditions, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of TalentMondo. If a User believes that a specific review is not justified, he can report this to firstname.lastname@example.org.
- Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to TalentMondo, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide right and license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content in any media (including but not limited to print, email, digital and/or Internet) and to prepare derivative works of, or incorporate into other works, such information and content, for any purpose as deemed appropriate by TalentMondo including, but not limited to, promotional, publicity, marketing or advertising purposes, and to grant and authorize sublicenses of the foregoing, without further review, notification or approval by you or additional consideration to you.
- Review Guidelines. Care Seekers will have the opportunity to provide Review form Care Seekers and previous employers. Reviews should not include any personal information about a Carer that is not disclosed in the Carer’s public Profile (for example, the Reviews should not include or reference a Carer's address or phone number), should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. Reviews should reflect your experience with a Carer. You should avoid broad generalizations and exaggerations. If appropriate, you should update your Reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review or Recommendation that we feel, in our sole discretion, violates these guidelines. If a User believes that a specific review is not justified, he can report this to email@example.com.
- By TalentMondo. TalentMondo may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by TalentMondo, such termination, suspension, and/or removal will be effective immediately. If your account has been terminated by TalentMondo, you may not re-register without TalentMondo's consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
- By User. As a User, you may terminate your account at any time You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available.
- Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account's termination may not be available to you if you re-register with TalentMondo. Regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 8, 9, 10, 11, 12 and 13 of these Terms and Conditions will continue in full force and effect.
The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a "Third Party Site") or advertisements. We do not control or endorse any Third-Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third-Party Site or advertisement. Your use and access of a Third-Party Site is at your own risk and is subject to the terms and conditions for such Third-Party Site.
- Payment and Refund Policies
- Where indicated on the Site, fees are charged to access and use certain Services.
- Talentmondo uses the payment services of Stripe Payments Europe. By using the Service and the Stripe payment service, you accept, in your capacity of the Care Seeker, that the Stripe Terms and Conditions are applicable between you and Stripe Payments Europe. These Stripe Terms and Conditions are attached to these Terms and Conditions and from an integral part hereof.
- To the extent permitted by law, TalentMondo does not as a general rule provide refunds or credits for subscription or other purchase cancellations. However, TalentMondo may in its sole discretion issue refunds or credits when it believes they are warranted.
- Carers are paid directly by the Seekers in accordance with the arrangements agreed upon between the parties. These payments can be executed by using the payment service integrated in the App, using a gift card or in cash. Transaction fees may be charged.
- We remind you that Talentmondo is not a party to the agreement between Care Seekers and Carers. Therefore, we do not intervene in the payments between these parties and we cannot be held liable in any way if a Care Seeker does not execute or only partially executes the payment.
- Text Message Communications and Mobile Push Notifications
- Users provide TalentMondo with their mobile phone number as part of the registration process or in their account settings. Users who provide TalentMondo with their mobile phone number may receive text message communications from TalentMondo on their cellular phones and/or mobile devices. By providing TalentMondo with your mobile phone number, you consent to TalentMondo sending text messages to your cellular phone and/or mobile device. TalentMondo does not charge for sending text messages, but your carrier may charge you.
- Users of TalentMondo's mobile applications may have the option to receive push notification alerts from TalentMondo. If push notification alerts are available, you will be given an option to consent to receiving them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.
Promotional Offers and Credits
From time to time, TalentMondo may offer special promotions, credits, awards or discounts ("Promotions"). All Promotions will be run at the sole discretion of TalentMondo and can be modified or terminated at any time by TalentMondo with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, TalentMondo may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
- Intellectual Property Rights
- Copyright. All materials on the Site other than User Content are either owned by TalentMondo or are the property of TalentMondo's suppliers or licensors. You may not use these materials except as we give you written permission to do so.
- Trademarks. The service marks and trademarks "TalentMondo" and the TalentMondo logo are owned by TalentMondo. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of TalentMondo and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
- Ownership and Use. TalentMondo retains ownership of its intellectual property rights and you have no rights to TalentMondo's intellectual property or TalentMondo's rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
- Your Content. Other than the non-exclusive license granted to TalentMondo with respect to User Content (described in Section 4.4. above), TalentMondo will not acquire an ownership interest in the User Content you post.
- Disclaimer of Warranty and Limitations of Liability
- "As-is" Basis. Talentmondo provides the site on an "as is" and "as available" basis. Your use of the Site is at your own discretion and risk.
No Warranties. TalentMondo grants no warranties of any kind, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the site). TalentMondo does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TalentMondo does not warrant the accuracy, adequacy or completeness of any information and materials on the site or provided or obtained in connection therewith, including, but not limited to, information contained in any background or verification report, regardless of whether ordered by a User or TalentMondo. TalentMondo does not warrant that your use of the site or services or that information on the site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the site will be corrected. Talentmondo makes no warranties about the connectivity and continued availability of the site or services.
You agree to release TalentMondo and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) your use of the Site, (ii) your use of the Services, (iii) any claim or controversy that may arise from any disputes between you and other Users, or (iv) any background or verification report, regardless of whether ordered by a User or TalentMondo.
- User Content. Talentmondo makes no claims or promises about (i) the opinions, advice, statements, reviews, or other information or content made available on the site or through the services by users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
- Limitation of Liability. In no event will TalentMondo or its affiliated parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from (i) interactions with other users of the site, whether online or offline, (ii) your reliance on information or other content posted on the site or transmitted to or by any user of the site or services, and (iii) reviews or comments made about you on the Site by other Users.
- No Consequential Damages. You agree that neither TalentMondo nor its affiliated parties have any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data.
- Maximum Liability. Without limiting any other provision in these Terms and Conditions TalentMondo’s maximum aggregate liability to you for losses or damages you suffer in connection with the Site, the Services or Terms and Conditions is limited to the greater of (i) the amount paid, if any, by you to TalentMondo in connection with the site in the 12 months prior to the action giving rise to the liability, or (ii) EUR 100.
You agree to indemnify, defend and hold harmless TalentMondo and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by TalentMondo and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms and Conditions or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or TalentMondo. You agree that you will cooperate as reasonably requested by TalentMondo in the defense of such claims. TalentMondo and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
- General Provisions
Governing Law and Jurisdiction. Turkish law governs these Terms and Conditions, as well as any claim, cause of action or dispute that might arise between you and TalentMondo, without regard to conflict of law provisions.
In case of any dispute between Talentmondo and a User, both parties agree to attempt to settle such dispute amicably at first. If no settlement can be reached within a period of one month after the dispute first arose, the User can, as the case may be, bring the dispute either before the courts of the place where the User has his/her residence or the courts of Istanbul.
In case of a dispute between two Users, we remind you that Talentmondo is not a party to such dispute, and therefore will not in any way intervene in such dispute.
- No Joint Venture or Partnership. Nothing in these Terms and Conditions may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. TalentMondo is not an employment service or agency and does not serve as an employer or referral source for any User.
- Severability. If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties' intention, and all remaining provisions of these Terms and Conditions shall remain in full force and effect.
- Complete Agreement These Terms and Conditions contains the entire agreement between you and TalentMondo regarding the use of the Site and Services and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.
- Contact Information. If you have any questions or need further information as to the Site or the Services or need to notify TalentMondo as to any matters relating to the Site or Services, please contact TalentMondo at: Bereketzade Mah. Şair Ziya Paşa Cad. No: 3/8 Beyoğlu/Istanbul firstname.lastname@example.org.