TopResumeCV Terms of Service

This is a legal agreement between you (the Customer) and STARLEADS LTD of ATLANTIC HOUSE, CIRCULAR ROAD, DOUGLAS, IM1 1AG, Isle of Man for the use of the Platform and the Services (as such terms are defined below). You can contact STARLEADS LTD via the contact form at https://topresumecv.com/contact for support.

IMPORTANT NOTICE TO ALL USERS
BY USING THE PLATFORM AND THE SERVICES ON THIS WEBSITE, WHETHER OR NOT YOU SUBSCRIBE FOR PAID-FOR SERVICES, YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, WE WILL NOT GRANT YOU A LICENCE TO USE THE PLATFORM OR THE SERVICES AND YOU MUST DISCONTINUE USING THE PLATFORM AND THE SERVICES IMMEDIATELY.

YOU SHOULD PRINT A COPY OF THESE TERMS OF USE FOR FUTURE REFERENCE.

In these Terms of Use, the terms below are defined as follows:

• Account: the Customer’s personal environment on the Platform, which they gain access to by using the Login Details
• Content: all information, including but not limited to personal data, and documents provided or shared by the Customer in any way via the Platform, including but not limited to documents and data that are uploaded.
• Documentation: the written and/or electronic documentation relevant to the Platform and the Services and made available by topresumecv to the Customer.
• Login Details: the username, the password and any additional security information for the Customer, which they can use to gain access to their Account(s).
• Parties: topresumecv and Customer jointly, each individually referred to as a ‘Party’.
• Platform: the digital environment provided by topresumecv to the Customer on the basis of software as a service, which contains the functionalities shown in the Documentation.
• Services: the services provided by topresumecv to the Customer via the Platform.
• Subscription Agreement: the agreement between topresumecv and the Customer with respect to paid-for access to Platform and the Services.
• Terms of Use: these general terms and conditions that apply to the Customer’s use of the Platform and the Services, whether such use is free of charge or under a Subscription Agreement.

These Terms of Use shall at all times apply to all use of the Platform and the Services by the Customer, whether or not the Customer enters into a Subscription Agreement. Any variation to these Terms of Use must be agreed in writing.

topresumecv expressly excludes the applicability of additional or other (general) terms and conditions, unless topresumecv and the Customer explicitly agree otherwise in writing. This paragraph does not serve to exclude terms and conditions which may be applied by law and which cannot be excluded.

In the event that specific product or service terms and conditions apply in addition to these Terms of Use, the Customer may at all times invoke the applicable provision that benefits the Customer most.

In consideration of the Customer agreeing to abide by these Terms of Use and, in the case of paid-for Services, the payment by the Customer of the agreed fees, topresumecv grants to the Customer a non-exclusive, personal, non-transferable licence to use the Platform, the Services and the Documentation in the US on the terms of these Terms of Use.

The Customer is permitted to:

• use the Platform and the Services for their own personal purposes only; and
• use the Documentation in support of the use permitted above, and make one (1) copy of the Documentation for such lawful use.

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topresumecv will provide a copy of these Terms of Use electronically to the Customer prior to the conclusion of the Subscription Agreement and in such a way that it can be easily stored by the Customer on a durable medium. If this is not reasonably possible, the location where these Terms of Use can be accessed electronically will be indicated before the Subscription Agreement is concluded. These Terms of Use may also be sent to the Customer free of charge at their request.

The Subscription Agreement is concluded electronically when topresumecv accepts the Customer’s order for paid-for access to the Platform, by electronically notifying the Customer or such acceptance.

topresumecv may, to the extent permitted by U.S and Isle of Man law, verify whether the Customer is able to meet their payment obligations under the requested Subscription Agreement, as well as all those facts and factors that are important for a responsible conclusion of the Subscription Agreement. If, based on such investigation, topresumecv has good reasons not to enter into the Subscription Agreement, it shall be entitled to refuse the Customer’s order or request stating reasons, or to attach special conditions to the execution of the Subscription Agreement.

The Customer will promptly provide all information and cooperation necessary for topresumecv to execute the Subscription Agreement.

When the Subscription Agreement is concluded, topresumecv will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer pays electronically, topresumecv will take appropriate security measures to that end.

The Customer may cancel their order at any time prior to its acceptance by topresumecv.

The Customer may cancel the Subscription Agreement within fourteen (14) days of execution of the Subscription Agreement. Provided the Customer has not used the Platform or the Services, the Customer will receive a full refund of fees paid. If the Customer has used the Platform or the Services during the cooling off period, topresumecv may retain such amount as is necessary to cover the cost of the Services rendered up to the date of cancellation.

Promotional materials and offers issued by topresumecv shall contain a complete and accurate description of the offered products, digital content and/or services. The description shall be sufficiently specified to allow the Customer a proper assessment of the offer including the availability of the Services and the price of those Services.

Where topresumecv uses images, they are a true reflection of the offered products, services and/or digital content. Apparent mistakes or manifest errors in the offer do not bind topresumecv.

Apparent mistakes or errors in a quote or offer do not bind topresumecv.

Upon the conclusion of the Subscription Agreement, or later where topresumecv and the Customer have agreed, topresumecv shall provide the Customer with the Login Details, to be used for access to the Customer’s Account.

By sending the Login Details, topresumecv grants the Customer a non-exclusive, personal and non-transferable right of use of the Platform, the Services and the Documentation in the US with effect from and for the duration of the Subscription Agreement.

The Login Details and the use of the Platform and the Services are strictly personal to the Customer. The Customer must observe strict confidentiality and secrecy about the Login Details and take appropriate measures to detect, limit or prevent loss and/or abuse of the Login Details.

Loss or misuse of the Login Details and/or abuse of the Platform must be reported to topresumecv by the Customer immediately.

topresumecv is not liable for (the consequences of) loss of Login Details and/or the misuse of the Customer’s Login Details by any third party.

The Customer agrees that in order to facilitate the purchase by the Customer of any Services under a Subscription Agreement or otherwise form topresumecv, whether on a one-time or subscription basis, topresumecv’s third-party payment providers or resellers may store the Customer’s payment information.

The Customer agrees to pay the applicable fees for the Services under the Subscription Agreement (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes and Article 8 shall apply to all fees.

All fees paid are non-refundable, unless expressly stated otherwise in these Terms of Use.

Registration for paid-for services must be completed by the Customer online by credit card. The following payment cards are accepted:

• Visa
• Mastercard

The fees and other prices indicated on the topresumecv and in these Terms of Use are in British pounds sterling and all taxes are included.

During the validity period stated in any offer made available by topresumecv to the Customer, the prices of the services offered and/or the service offered will not be increased, except for price changes which would apply if the Customer was a new customer. topresumecv will notify the Customer of any price increases in writing, giving thirty (30) days’ notice of the increase.

If the Customer does not agree to a price increase, they are entitled to cancel the Subscription Agreement with effect from the day on which the price increase takes effect.

The Customer is obliged to immediately notify topresumecv of any inaccuracies in their stated payment details.

If the payment method used by the Customer, such as a credit card, reaches its expiration date and the Customer does not edit their payment method information or cancel their account or such service, the Customer authorises topresumecv to continue billing that payment method and the Customer will remain responsible for any uncollected amounts. The Customer’s obligation to pay fees continues through to the end of the subscription period during which the Customer cancels their subscription. All applicable taxes are calculated based on the billing information provided by the Customer us at the time of purchase.

If the Customer fails to fulfil their payment obligation(s) on time, the Customer shall, after having been notified by topresumecv of the late payment and after having been granted a period of two (2) days to still fulfil their payment obligations, and the Customer still fails to pay within this two-day period, reimburse topresumecv for all reasonably incurred collection costs and interest at a rate of 8% per annum from the due date of the payment until the date payment is received.

topresumecv shall apply all due care when receiving the data from the Customer and when assessing the Customer’s application for the provision of the Services.

If the delivery of Services is delayed in any way, or if the delivery of the Services cannot or only partially be made, the Customer will be notified no later than thirty (30) days after their order was placed. In that case, the Customer has the right to cancel their order or terminate the Subscription Agreement.

After cancellation or termination in accordance with the previous paragraph, topresumecv shall immediately repay the amount already paid by the Customer.

The Customer agrees that their use of the Platform and the Services is solely for their own personal use, and must not be used for any purpose other than that intended. Use of the Platform and the Services for commercial purposes is expressly forbidden.

The Customer is responsible for their use of the Platform and the Services and the use of the same, including the Customer’s Account, by others.

The Customer shall not sell, transfer or pledge their rights and obligations under these Terms of Use, or their Subscription Agreement, to a third party.

The Customer must not monopolise the platform’s infrastructure and/or the functionality of the Platform unreasonably or disproportionately.

The use of the Platform and the Services by the Customer and the Content they upload and download, must not infringe the rights, good name and interests of topresumecv and/or any third parties, including but not limited to intellectual property rights and rights relating to the protection of personal data.

The Content uploaded by the Customer must:

• be provided in a manner and in a format as indicated by topresumecv; and
• be owned by and remain the property of the Customer.

The Customer warrants that the Content uploaded is correct, complete, accurate, reliable and up-to-date, even if it originates from third parties. topresumecv is not responsible and/or liable for the use of Content by the Customer.

The Customer must not upload any Content which:

• is based on untruths and/or is misleading;
• is libellous, slanderous, offensive, racist, discriminatory or hateful;
• is erotic or pornographic;
• contains hyperlinks, torrents or similar information of which the Customer is aware or ought to be aware that it refers to material that infringes third-party rights;
• contains personal data without the consent of data subjects or unnecessarily;
• contains unwanted commercial, charitable or idealistic communication;
• contains viruses, malware, Trojan horses, worms, bots or other software that damage, erase or appropriate an automated work or data or make automated work or data unusable or inaccessible or that is intended to bypass technical protection measures of the service and/or software;
• contains tools and/or applications (in-house or provided by third parties) used to investigate Content and/or the Platform in any way or used in an improper manner;
• is otherwise unlawful in any way.

The Customer must not:

• use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform, any Service or any operating system;
• transmit any material that is defamatory, offensive or otherwise objectionable in relation to the Customer’s use of the Platform or any Service;
• use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise topresumecv’s systems or security or interfere with other users; and
• collect or harvest any information or data from any Service or topresumecv’s systems or attempt to decipher any transmissions to or from the servers running any Service.

The Customer is obliged to keep their own current (digital) copy of all information, data and Content that the Customer provides to topresumecv.

The Customer is responsible for ensuring that they have the correct computer, data or telecommunication facilities with which the Platform can be used (safely) for their own account.

The Customer will indemnify topresumecv for any breach of this Article 10. This means that the Customer will be responsible for any loss or damage topresumecv suffers as a result of that breach.

topresumecv has the right to close the Platform and/or restrict access to it or its functionality in whole or in part, at any time, without stating reasons, for a definite or indefinite period, without being liable to pay damages to the Customer.

topresumecv has the right at all times to limit and/or terminate the right to use the Platform and/or to block the Account and/or the Customer’s Login Details if the Customer acts in violation of any provision of these Terms of Use and/or the Subscription Agreement.

topresumecv does not guarantee that the Platform will be free of defects or that it will perform without interruption.

topresumecv does not guarantee that the Platform or the Services are or will be available at all times and/or that the Platform performs at all times without errors.

topresumecv may set a limit on the amount of storage space and/or data traffic provided to the Customer. If an agreed limit is exceeded, topresumecv is not obliged to facilitate sending, receiving, storing or changing any Content.

topresumecv has the right to anonymise Content and to use it during and after termination of the Agreement for the improvement of the Platform and the Services and the development of new Services.

topresumecv may process personal data of or provided by the Customer in the performance of its obligations and the provision of the Platform and the Services to the Customer under these Terms of User or any Subscription Agreement.

Personal data will be processed in accordance with topresumecv’s Privacy Policy (see privacy policy).

The Customer warrants that they are authorised to provide the personal data referred to in the first paragraph of this Article 12 to topresumecv for the purpose of the Customer’s use of the Platform and the Services under these Terms of Use or any Subscription Agreement.

The Customer retains, as far as applicable, ownership of the personal data provided to topresumecv.

All intellectual property rights that established in the Platform, the Services, the Documentation and any other items provided by virtue of these Terms of Use or any Subscription Agreement, are exclusively vested in topresumecv or its licensors.

The Customer is not permitted to remove or change any indication concerning the intellectual property rights of topresumecv in the Platform, the Services and/or the Documentation.

Except as permitted by mandatory law, the Customer must not modify, reproduce or decompile the Platform or apply reverse engineering. The Customer is not permitted either to take any action with the purpose or purport to discover or obtain the source code of the Platform, or to engage third parties or to assist with such actions or for any indications concerning the confidential nature and confidentiality of works.

topresumecv is allowed to take technical measures to protect its intellectual property rights. Technical safeguards implemented by topresumecv must not be removed or avoided.

In the event that it has been conclusively established in court that the Platform and/or the Services infringe a third-party intellectual property right, or in the case that topresumecv believes there is a real chance that such an infringement is imminent, and subject to the following paragraph, topresumecv will make sure that the Customer can continue to use the Platform and/or the Services (or an equivalent as for functionality) without disturbance.

If, in topresumecv’s opinion, this is not reasonably possible, topresumecv has the right to terminate these Terms of Use or the Subscription Agreement without being liable to pay damages to the Customer. Any other or further liability or indemnification obligation on the part of topresumecv for infringement of intellectual property of a third party is entirely excluded.

topresumecv warrants that the Platform and the Services will, when properly used, will perform substantially in accordance with the functions described in the Documentation. If the Platform or the Services delivered fail to comply with such descriptions, the Customer must notify topresumecv within a reasonable period of time after they have or reasonably should have discovered such failure. The notification is in any case deemed to be made on time if the Customer notifies topresumecv in writing within two (2) months after the discovery.

Complaints submitted to topresumecv will be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a longer processing time than anticipated, topresumecv will reply within the period of fourteen (14) days with a notice of receipt and an indication of when the Customer can expect a more detailed answer.

The warranty set out in the first paragraph of this Article 14 does not apply where any defect or fault results from the Customer having used the Platform in breach of these Terms of Use.

The warranty set out in the first paragraph of this Article 14 is in addition to the Customer’s legal rights as a consumer in relation to software that is faulty or not as described. Advice about the Customer’s legal rights is available from the Customer’s local Citizens’ Advice Bureau or Trading Standards office.

The Customer acknowledges that the Platform and the Services have not been developed to meet the Customer’s individual requirements, and that it is therefore the Customer’s responsibility to ensure that the facilities and functions of the Platform and the Services as described in the Documentation meet the Customer’s requirements.

topresumecv only supplies the Platform, the Services and the Documentation for domestic and private use by consumers. The Customer agrees not to use the Platform, the Services and/or the Documentation for any commercial, business or re-sale purposes, and topresumecv has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

topresumecv is only responsible for loss or damage suffered by the Customer that is a foreseeable result of topresumecv’s breach of these Terms of Use or its negligence up to the amount specified in the following paragraph, but topresumecv is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of topresumecv’s breach or if they were contemplated by the Customer and topresumecv either on the Consumer’s first use of the Platform or (in the case of paid-for services) at the time the Subscription Agreement was entered into.

topresumecv’s maximum aggregate liability under or in connection with these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the value of 12 months’ fees paid or payable by the Customer or, where the Customer uses free of charge services, the equivalent sum had those services been paid for. This does not apply to the types of loss set out below:

• death or personal injury resulting from negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be excluded or limited by U.S and Isle of Man law.

If defective digital content that topresumecv has supplied, damages a device or digital content belonging to the Customer and this is caused by topresumecv’s failure to use reasonable care and skill, topresumecv will either repair the damage or pay the Customer compensation. However, topresumecv will not be liable for damage that the Customer could have avoided by following topresumecv’s advice to apply an update offered to the Customer free of charge or for damage that was caused by the Customer failing to correctly follow installation instructions or to have in place the minimum system requirements advised by topresumecv.

Force majeure means any event beyond the reasonable control of topresumecv, including without limitation failure of public or private telecommunications networks.

topresumecv will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations under these Terms of Use that is caused by a force majeure event.

In the event of force majeure that affects the performance of topresumecv’s obligations under these Terms of Use:

• topresumecv will contact the Customer to confirm that a force majeure situation has arisen;
• topresumecv has the right to suspend the performance of its obligations, and the time for performance will be extended for the duration of the force majeure situation;
• topresumecv will use its reasonable endeavours to find a solution by which its obligations may be performed despite the force majeure situation.

Where a Subscription Agreement is in place, if the force majeure situation lasts for more than ninety (90) days, either party may terminate the Subscription Agreement without being liable to pay damages to the other. The Customer will receive a refund for any Services paid for but not received.

The Customer is not entitled to transfer rights and obligations under these Terms of Use or any Subscription Agreement to a third party without topresumecv’s prior permission.

topresumecv is allowed to transfer its rights and obligations under these Terms of Use or any Subscription Agreement to a third party. topresumecv will notify the Customer in writing if this happens, and will ensure that this does not affect the Customer’s rights. The Customer is entitled to terminate the Subscription Agreement in writing if topresumecv transfers its rights and obligations to a third party.

The Customer may terminate the licence granted under these Terms of Use at any time by ceasing to use the Platform and the Services.

topresumecv may terminate the licence granted under these Terms of Use immediately by written notice to the Customer if the Customer commits a material or persistent breach of these Terms of Use which the Customer fails to remedy (if remediable) within fourteen (14) days after the service of written notice requiring the Customer to do so.

Where the Customer has entered into a Subscription Agreement with topresumecv, that agreement is entered into for an initial duration of one (1) calendar month, following which it is automatically renewed for successive periods of one (1) calendar month.

topresumecv and the Customer both are entitled to terminate the Subscription Agreement at any time by giving one-month notice in writing to the other. For the avoidance of doubt, fees will remain payable by the Customer through to the end of the notice period.

Both parties are entitled to terminate the Subscription Agreement without written notice of default or intervention of the court and without being obliged to pay any damages or compensation with immediate effect in writing in whole or in part in case:

• the other Party applies for a bankruptcy or any other status of insolvency including administration, receivership, liquidation or winding up;
• a Party applies for its bankruptcy or any other status of insolvency including administration, receivership, liquidation, or winding up, that bankruptcy or status is applied for or pronounced;
• (part of) the assets of the other Party has/have been or is/are being seized;
• in the event that the other Party is deemed to no longer being able to meet its obligations.

Both Parties have the right to terminate the Subscription Agreement in whole or in part in the event the other Party commits a material or persistent breach of these Terms of Use or otherwise fails to fulfil its obligations under the Subscription Agreement for which the other Party fails to remedy (if remediable) within fourteen (14) days after the service of written notice requiring them to do so.

If the Customer has already received any performance in connection with the performance of the Agreement at the time of termination, such performance and the associated payment obligations shall not be subject to reversal, unless topresumecv is in default with respect to said performance. Any amounts that topresumecv has invoiced before the termination in connection with any performance already delivered under the terms of the Subscription Agreement, remain due and become immediately due and payable at the time of termination.

Upon termination for any reason:

• all rights granted to the Customer under these Terms of Use or (where applicable) the Subscription Agreement shall cease;
• the Customer must immediately cease all activities authorised by these Terms of Use (where applicable) the Subscription Agreement; and
• the Customer must, where applicable, pay to topresumecv all sums which are due under the Subscription Agreement.

If the Customer wish to contact topresumecv in writing, or if any condition in these Terms of Use or any Subscription Agreement requires the Customer to give topresumecv notice in writing, the Customer can send this to topresumecv by e-mail [email protected] or by pre-paid post to topresumecv at ATLANTIC HOUSE, CIRCULAR ROAD, DOUGLAS, IM1 1AG, Isle of Man . topresumecv will confirm receipt of this by contacting the Customer in writing, normally by e-mail.

If topresumecv has to contact the Customer or give the Customer notice in writing, topresumecv will do so by e-mail to the address provided by the Customer.

Each of the paragraphs of these Terms of Use operate separately. If any paragraph is unlawful or unenforceable, the remaining provisions will remain in full force. topresumecv will establish a new provision, which shall be as much as possible in keeping with the purport of the unlawful or unenforceable provision.

If at any time topresumecv does not invoke a right or power conferred on it by virtue of these Terms of Use or any Subscription Agreement or the law, this does not constitute a waiver of such right or power and will not mean that you do not have to comply with those obligations. If we topresumecv does waive a default by you, it will only do so in writing, and that will not mean that topresumecv will automatically waive any subsequent default by you.

These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use.

Provisions in these Terms of Use or any Subscription Agreement which by their nature are intended to remain applicable after the termination or expiry (including termination or expiry of any Subscription Agreement) remain fully effective upon such termination or expiry.

These Terms of Use (together, where applicable, with any Subscription Agreement), their subject matter and formation are governed by U.S and Isle of Man law. You and we both agree that the courts of the state of Delaware will have non-exclusive jurisdiction.