Terms of Use

Welcome to Tacit Talents (K) Limited (“Company”, “we”, “our”, “us”).

These Terms of Use (“Terms”) govern your use of our website located at tacittalentsk.co.ke and the services offered through it, including our job board, employer tools, applicant tracking, learning hub and consultancy services (together or individually, the “Service”).

Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy (the “Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service — but please let us know by emailing info@tacittalentsk.co.ke so we can try to find a solution. These Terms apply to all visitors, users and others who access or use the Service.

By creating an account or using the Service, you agree that we may send you service-related messages, newsletters, marketing or promotional materials, and other information. You may opt out of marketing communications at any time by following the unsubscribe link in any such message or by emailing info@tacittalentsk.co.ke. Note that you cannot opt out of essential service notices (for example, security, billing or account messages) while you hold an account.

If you wish to purchase any product or service made available through the Service (a “Purchase”) — such as a subscription, an advertising placement or a paid course — you may be asked to supply information relevant to your Purchase, including your billing details and a valid payment method.

You represent and warrant that: (i) you have the legal right to use any payment method used in connection with a Purchase; and (ii) the information you supply to us is true, correct and complete.

We may use third-party services to facilitate payment and complete Purchases. By submitting your information, you authorise us to share it with those providers solely to process your Purchase, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including the availability of a product or service, errors in its description or price, errors in your order, or where fraud or an unauthorised or unlawful transaction is suspected.

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules separate from these Terms. If you participate in any Promotion, please review the applicable rules and our Privacy Policy. If a Promotion’s rules conflict with these Terms, the Promotion rules will apply.

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring, periodic basis (a “Billing Cycle”). Billing cycles are set according to the subscription plan you select.

Unless you or we cancel it, your Subscription will automatically renew at the end of each Billing Cycle under the same conditions. You may cancel renewal through your account settings or by contacting info@tacittalentsk.co.ke.

A valid payment method is required. You agree to provide accurate and complete billing information and authorise us to charge all Subscription fees incurred to your chosen payment method. If automatic billing fails for any reason, we may suspend or terminate your access to the paid features with immediate effect.

We may, at our sole discretion, offer a Subscription with a free trial for a limited period (a “Free Trial”).

You may be required to enter billing information to sign up for a Free Trial. If you do, you will not be charged until the Free Trial expires. On the last day of the Free Trial, unless you have cancelled, you will be automatically charged the applicable fees for the Subscription you selected.

At any time and without notice, we reserve the right to (i) modify the terms of a Free Trial offer, or (ii) cancel a Free Trial offer.

We may, at our sole discretion and at any time, modify Subscription fees. Any fee change will take effect at the end of the then-current Billing Cycle.

We will give you reasonable prior notice of any fee change so you have an opportunity to cancel before it takes effect. Your continued use of the Service after a fee change takes effect constitutes your agreement to pay the modified amount.

Except where otherwise required by law, eligible Purchases may be refunded within thirty (30) days of the original transaction. Some items — such as completed consultancy engagements, live training already delivered, or advertising that has already run — may be non-refundable. Please contact info@tacittalentsk.co.ke to request a refund.

The Service allows you to post, link, store, share and otherwise make available information, text, graphics, videos and other material (“Content”) — for example, job listings, company profiles, CVs and applications. You are responsible for the Content you post, including its legality, reliability and appropriateness.

By posting Content, you represent and warrant that: (i) the Content is yours or you have the right to use it and to grant us the rights below; and (ii) posting it does not violate the privacy, publicity, copyright, contract or other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing a copyright.

You retain all of your rights to any Content you submit, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts. By posting Content, you grant us a worldwide, non-exclusive licence to use, modify, publicly display, reproduce and distribute it on and through the Service, including making it available to other users (such as showing an application to the relevant employer), subject to these Terms.

We have the right, but not the obligation, to monitor and edit user Content. Content created by us or used with our permission is our property; you may not distribute, modify, transmit, reuse, download, repost, copy or use it, in whole or in part, for commercial purposes without our prior written permission.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To send or procure the sending of any unsolicited or unauthorised advertising or promotional material (such as “junk mail”, “chain letters” or “spam”).
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• In any way that infringes the rights of others, or that is illegal, threatening, fraudulent or harmful.
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that may harm the Company or its users or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage or impair it, or interfere with any other party’s use of it.
• Use any robot, spider or other automatic device, process or means to access the Service, including to monitor or copy material, without our consent.
• Use any manual process to monitor or copy material on the Service for any unauthorised purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material.
• Attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Service, the servers on which it is stored, or any connected server, computer or database.
• Attack the Service via a denial-of-service or distributed denial-of-service attack.
• Take any action that may damage or falsify any Company or user rating.
• Otherwise attempt to interfere with the proper working of the Service.

We may use third-party service providers to monitor and analyse the use of the Service.

The Service is intended only for individuals who are at least eighteen (18) years old. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years of age and have the full authority, right and capacity to enter into and abide by these Terms. If you are under eighteen (18), you are prohibited from accessing or using the Service.

When you create an account, you confirm that you are over the age of 18 and that the information you provide is accurate, complete and current at all times. Inaccurate, incomplete or out-of-date information may result in the immediate termination of your account.

You are responsible for safeguarding your account and password and for restricting access to your devices. You accept responsibility for all activity that occurs under your account, and must notify us immediately of any breach of security or unauthorised use.

You may not use as a username the name of another person or entity that is not lawfully available, a name or trademark subject to the rights of another without authorisation, or any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at our sole discretion.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tacit Talents (K) Limited and its licensors. The Service is protected by copyright, trademark and other laws of Kenya and other countries. Our trademarks may not be used in connection with any product or service without our prior written consent.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights of any person or entity (“Infringement”).

If you are a copyright owner, or authorised to act on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes infringement, please email your claim to info@tacittalentsk.co.ke with the subject line “Copyright Infringement” and include the details described in the section below.

You may be held accountable for damages (including costs and legal fees) for any misrepresentation or bad-faith claim of infringement.

To submit a copyright infringement notice, please provide our Copyright Agent with the following information in writing:

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work you claim has been infringed, including a link (URL) to where it exists or a copy of it.
• Identification of the URL or other specific location on the Service where the material you claim is infringing is located.
• Your address, telephone number and email address.
• A statement that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner’s behalf.

You can contact our Copyright Agent by email at info@tacittalentsk.co.ke.

You may provide us, either directly at info@tacittalentsk.co.ke or via third-party sites and tools, with information and feedback concerning errors, suggestions for improvement, ideas, problems, complaints and other matters related to the Service (“Feedback”). You acknowledge and agree that: (i) you will not retain or assert any intellectual property or other right in the Feedback; (ii) we may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential or proprietary information from you or any third party; and (iv) we are under no obligation of confidentiality with respect to the Feedback. Where ownership of the Feedback cannot be transferred under applicable law, you grant us a perpetual, irrevocable, royalty-free, sub-licensable and unlimited right to use it for any purpose.

The Service may contain links to third-party websites or services that are not owned or controlled by Tacit Talents (K) Limited.

We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services.

We strongly advise you to read the terms and privacy policies of any third-party websites or services you visit.

The Service is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content or materials included in it. You expressly agree that your use of the Service is at your sole risk.

Neither the Company nor any person associated with it warrants that the Service will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Service or its servers are free of viruses or other harmful components, or that the Service will otherwise meet your needs or expectations.

We disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Except as prohibited by law, you will hold us and our officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damages, however they arise, whether in contract, negligence or other tort, arising out of or in connection with these Terms or your use of the Service — even if we have been advised of the possibility of such damages.

Except as prohibited by law, if any liability is found on our part, it will be limited to the amount you paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so part of this limitation may not apply to you.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion and for any reason, including a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

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

These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict-of-law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding the Service and supersede any prior agreements.

We reserve the right to withdraw or amend the Service, and any material we provide through it, at our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Service, including to registered users.

We may amend these Terms at any time by posting the amended terms on this page. It is your responsibility to review these Terms periodically.

Your continued use of the Service after revised Terms are posted means that you accept and agree to the changes. If you do not agree to the new terms, you are no longer authorised to use the Service.

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of that term or any other term, and any failure by the Company to assert a right or provision shall not constitute a waiver of it.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Use and agree to be bound by them.

If you have any questions, feedback or requests for support regarding these Terms, please contact us at info@tacittalentsk.co.ke.