Diligene Terms of Use

Overview

Diligene LLC and its international subsidiaries respect your privacy and are committed to protecting your Personal Data. As a global organization, it is our duty to comply with the various applicable regulations around the world that govern the collection and Processing of Personal Data. 

Protecting the personal rights and privacy of each individual is at the core of the foundation of trust in our business relationships and of Diligene's reputation as an attractive and responsible employer. We recognize the need for appropriate safeguards and management practices in relation to the collection and use of your Personal Data.

We want to ensure that you understand what information we collect about you and how we use it. This Privacy Notice sets out the principles Diligene follows when we collect and Process your Personal Data through your use of our website or when you otherwise engage with Diligene and it applies to our candidates, clients, suppliers, website-users and anyone who subscribes to our newsletters or participate in our programs, platforms or similar activity.

This website is not intended for children and we do not knowingly collect data relating to children. 

We may amend this Privacy Notice from time to time so please visit this page occasionally to ensure that you understand any amendments. If we need your consent to Process your Personal Data in a different way, we will seek your permission in advance.

Please use the Glossary to help you understand the meaning of some of the terms used.  If you have any questions regarding the Notice, contact us at Mail@diligene.com.

Who We Are

DILIGENE LLC 

Diligene LLC. is a leading alternative Project Controls and Management services provider headquartered at 10Bayberry Dr Princeton, NJ 08540, USA. with subsidiaries in Canada and Shanghai.

This Privacy Notice is issued on behalf of the Diligene as a whole. When we mention “Diligene”, “we”, “us” or “our”, we are referring to the relevant Diligene entity responsible for collecting or Processing your data.

Unless specified otherwise in this Privacy Notice, Diligene is the controller of your Personal Data which meansthat Diligene decides why and how your Personal Data is Processed. Unless otherwise stated the Diligene entity you are engaging with will be thecontroller of your data. Diligene LLC is the controller and responsible for this website.

DATA PRIVACY OFFICE

Our Data Privacy Office, which is part of our management team, is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this Privacy Notice, including any requests to exercise any of your legal rights, please contact the Data Privacy Office using the details set out below.

CONTACT DETAILS

Our full details are:

Full name: DiligeneLLC
Address:
10 Bayberry Dr, Princeton, NJ 08540, USA

Contact name: FengXu
Email address: Mail@diligene.com
Telephone number: +1(609) 937-2537

What Personal Data We Collect and How We Collect It

“Personal Data” is any information about an individual from which that person can be identified. It might include your name, mailing address, email address, telephone number, company, title, site username or site password. It does not include data where the identity has been removed (anonymous data).

We collect, store and Process your Personal Data by different methods depending on whether you are a candidate, client, supplier or website user.

WHERE YOU ARE A CANDIDATE:

You may be a past candidate or a candidate in Process or you may have participated in our recruitment or other similar events.

How we collect your data:

  • You may provide Personal Data to us by email, post, telephone, during meetings (whether face-to-face or through video     conferences*) or at our events, through our website, or through other onboarding and/or due diligence questionnaires that we send you; or
  • We may collect your data indirectly or from third parties: through recruitment agencies, social media searches (such as LinkedIn), research companies, client or supplier conversations, or referrals from other third parties.

What data we collect:

  • The Personal Data we collect about candidates includes: first name, maiden  name, last name, username or similar identifier, marital status, title, date of birth and gender, right to work, social security/national insurance number, nationality, employment and education history, skills proficiency, references, or qualifications information contained in your resume/CV, or written records of our conversations or meetings.

We do not mandate the collection of any Special Categories of Personal Data about you through this website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

We will ask for your explicit consent before we collect Special Category Personal Data, except in circumstances:

  • where required by law;
  • for employment purposes; or
  • where required to carry out criminal or other background checks.

WHERE YOU ARE A CLIENT:

When you are enquiring about or using our services we collect and use information to understand your requirements, agree role specifications, propose candidates, discuss our contract, provide training or consultancy services or to share Diligene content which is likely to be relevant and useful to you.

How we collect your data:

  • You may provide Personal Data to us by email, post, telephone, during meetings (whether face to face or through video-conferences*) or through our website; or
  • We may collect it from your colleagues, social media, our network of contacts, others who may know you, event delegate lists or third-party market research.

What data we collect:

  • Data we collect includes the Personal Data of individual contacts who we deal with at your organization such as: name, job title, management level, business relationships, memberships, work history, work address, telephone numbers, and email address or written records of our conversations or meetings.
  • If you accept the invite, we will consider this to be your consent to being recorded for the purposes outlined above.
  • If you do not wish for your visual to be recorded, you have the option to switch off your camera during the meeting.
  • If you do not wish for your audio to be recorded, please decline the meeting invite.
  • If you accept the meeting and subsequently change your mind, you have the option to withdraw your consent by declining the meeting before the meeting commences.

*We may wish to record video-conferences with you through video-conferencing software (such as Zoom, Microsoft Teams or RingCentral) as well as use artificial intelligence software (such as Show pad or Chorus) so that we can analyze conversations with you and obtain insight to help us from a business perspective and/or with training Diligene staff. If we do intend on doing so, you will be notified in the video-conference meeting invite that you receive from us.

WHERE YOU ARE A WEBSITE USER:

When you are using our website, which may include when you download content or contact us via our website.

How we collect your data:

  • You may provide Personal Data by completing online registration forms, by applying for roles via our website, or when you create or update any of your marketing preferences; or
  • We may collect your data automatically via cookies, in line with cookie consent, server logs and other similar technologies preferences and settings in your browser.

What data we collect:

  • We collect the information you provide which may include your name and contact details, email address and telephone number,     the resume/CV you submitted it to us online.
  • In addition, we collect a limited amount of data which we use to help us to improve your experience when using our website     and to help us manage the services we provide. This includes information on how you use our website and the location you view our website from (IP address).

1. Acceptance of the Terms of Use

This section states that you are entering into contract terms with Diligene that govern your use of the Diligene Job Platform and any other Platform created by Diligene LLC.

These terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Diligene’s Platforms located at Diligene.com (the "Platform" or “Platforms”),including any content, functionality, services, or products available to you on or through the Platform. By using the Platform, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use you must not use the Platform. "You" means you individually and the Diligene Client that you represent (and, as applicable, your Users). If you are entering into the Agreement for a Diligene Client, you represent that you have the authority to bind that entity.

Please read these Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and by our Privacy Notice , both of which are incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Notice ,you must not access or use any of our platforms.

2. Changes to the Terms of Use

This section explains that Diligene may update these terms from time to time, without notice to you, and the updated terms will apply to you.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Platform Users

This section outlines that these terms apply to all types of users.

These Terms of Use apply to you whether you are a user of the Platform that is:

  • an employee, contractor or other authorized user (“Client User”) of an Diligene client (“Diligene Client”);
  • Project Management talent engaged by and providing services or prospective services through Diligene, whether as an employee, contractor or otherwise (“Diligene Talent”); or
  • any other employee, contractor or authorized user of Diligene Platforms.

4. Purpose of the Platform or Platforms

This section describes the purpose of the Diligene Platform for each type of user.

Diligene is a leader in expert, on-demand Project Controls and Management talent and its Platform/ Platforms is a trusted resource that has been created for the benefit of all of its users. In particular, benefits the following:

  • Diligene     Clients – Your time is precious and your partnership with Diligene to find the right Talent for your team, with the experience and expertise that you need is important to us. The Platform allows us to streamline and accelerate our process with you and our Legal Talent to support you much more efficiently. It gives you a single source from which you can engage with Diligene and our Talent team, manage ongoing engagements and review Talent on the Platform (including being able to re-engage with the Talent you have previously worked with by having their profile saved within your account as Talent on your “bench”). We want to collaborate and provide additional transparency to you in a way that makes it an easier and more positive experience for you.
  • Diligene Talent – We value your experiences and respect that you have joined Diligene to own your career choices. The Platform gives you greater control, transparency and visibility into potential opportunities that are aligned with your preferences. You will have more control by being able to locate all key information to help you with your development and engagements within a single source. For example, you will have your own profile which you can update as and when necessary (including on your work preferences, such as hours and location). Clients who are interested in your profile will be able to reach out to you directly, to discuss potential engagements. You will be able to locate your main contacts and useful     information and advice which can further help you to grow. We want to collaborate with you in a way that truly showcases your experience allowing our clients the opportunity to partner with you.

5. Accessing the Platform and Account Security

This section explains that:

  • Diligene may modify or withdraw the Platform, in its sole discretion and without notice to you. Diligene is not liable for unavailability of the Platform and may restrict access to it.
  • you are responsible for ensuring that you can access the Platform and comply with these Terms of Use.
  • your login information is confidential, and you are not allowed to share it. You will notify Diligene of any unauthorized access to your account.


We reserve the right to terminate or modify the Platform, and any services, data or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform.

You are responsible for both:

  • making all arrangements necessary for you to have access to the Platform; and
  • ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
  • To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with and use the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is also governed by our Privacy Notice, and you agree to all actions we take with respect to your information consistent with our Privacy Notice.
  • If you create, or are provided with, a username (email), password, or any other piece of information as part of the Platform’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username (email), password, or other security information. Your ability to invite a colleague to use the Platform is only permitted through the “Download” and “Share” functionality available on the Platform. You will be held responsible for any action taken via your account and will be held accountable for the validity of anyone that you invite to join the Platform.
  • You agree to notify us immediately of any unauthorized access to or use of your username (email) or password or any other breach of security. You also agree to ensure that you exit/logoff from the Platform at the end of each session. You should use particular caution when accessing the Platform from a public or shared computer so that others are notable to view or record your password or other personal information.
  • We have the right to disable any username(email), password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. User Contributions

With respect to your profile and other content that you submit on the Platform, this section explains that:

  • you grant Diligene a license to use this content as required for the Platform, and you promise that you have the right to do so.
  • you agree that you are responsible for this content, including its legality, reliability, accuracy, and appropriateness.

The Platform contains profiles, message boards, forums and other interactive features (collectively, "Interactive Services")that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post")content or materials (collectively, "User Contributions") on or through the Platform.

More specifically, the Platform allows Diligene Talent to create profiles that are accessible by Client Users, which profiles are included within the definition of User Contributions. All User Contributions must comply with the Content Standards set out below in these Terms of Use.

By providing any User Contribution on the Platform, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, process, reproduce, adapt, distribute and publish such User Contribution as we deem reasonably necessary in connection with our business (such as in order to promote Diligene’s products and services) and to fulfil our contractual relationship with you. User Contributions may not have been verified or approved by us and we have no obligation to do so. The views expressed by other users on the Platform do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at Mail@diligene.com.

You represent and warrant that:

  • you own or have all necessary licenses and rights in and to the User Contributions and have the right to grant the license granted above to us     and our affiliates; and
  • all of your User Contributions do and will comply with these Terms of Use

As a Diligene Client or Client User, you understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not Diligene, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted Diligene Clients or Client Users.

7. Content Standards

This section lists the rules that your profile and other content that you submit on the Platform.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws, rules and regulations. User Contributions including the user’s name and contact details must be accurate and kept up-to-date.

Without limiting the foregoing, User Contributions must not:

  • contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sales promotions, barter, or advertising; and/or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

8. Prohibited Uses

This section describes how you may use the Platform and what you are not allowed to do.

You may use the Platform only for lawful purposes, such as in order to fulfil your contract with us and for your legitimate business activities with us and in accordance with these Terms of Use. You agree not to use the Platform:

  • in any way that violates any applicable federal, state, local, or international law, rule or regulation (including, without limitation, any     laws regarding the export of data or software to and from the United States, European Union or other countries such as those within Asia);
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards described below in these Terms of Use;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk     mail," "chain letter," "spam," or any other similar solicitation;
  • to impersonate or attempt to impersonate Diligene, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and/or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Diligene or users of the Platform, or expose them to liability.

You agree not to:

  • use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the     Platform, including their ability to engage in real time activities through the Platform;
  • use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
  • use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • use any device, software, or routine that interferes with the proper working of the Platform;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform or any server, computer, or database connected to the Platform;
  • attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • otherwise attempt to interfere with the proper working of the Platform.

Additionally, you agree that:

  • if you are a Client User, you may have access to non-public confidential information about Diligene Talent, such as full names and resumes, and accordingly you agree as follows:
  1. you may share this information with your Diligene Client colleagues only, without exception, and this includes not sharing this information with any of your Diligene Client  partner or vendor companies or other third parties; and
  2. this sharing of information is only permitted through the “Download” and/or “Share” functionality available on the Platform;
  • you will not reproduce or publicly display any profile information about Diligene Talent;
  • you will not conduct automated queries on the services provided by the Platform; and/or
  • you will not access or use the Platform or any of the products or services provided by the Platform to develop competitive products or services

And, finally, you agree that:

  • in the event that a Client User identifies a Diligene Talent within the Platform and solicits the Diligene     Talent outside of the Platform, the Diligene Client will be subject to the conversion fee included within its contract with Diligene; and
  • in the event that no contract is in place between the Client User and Diligene, the conversion fee is 25% of the (i) annual salary plus target bonus if the Diligene Talent is hired as an employee or (ii) annualized contracted fee if the Diligene Talent engaged as a contractor.

9. Intellectual Property Rights

This section describes that:

  • Diligene and its affiliates or licensors own all of the intellectual property rights in the Platform.
  • you may only use the Platform for your business purposes with Diligene.
  • you may not copy, download or otherwise use any of the materials on the     Platform, other than for the limited reasons that are described.

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Diligene, its licensors, or other providers of such material and are protected by United States, European Union and other international and local copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, legitimate business interests with Diligene only. You must not reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of thematerial on the Platform, except as follows:

  • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • you may store files that are automatically cached by your web browser for display enhancement purposes; and
  • you may not extract data or present data elsewhere within the Platform outside of the ways that are made directly available to you through the Platform. For example, you may not take screenshots of the Platform. Sharing of information is only permitted through the “Download” and/or “Share” functionality that is made available on the Platform.

You must not:

  • modify copies of any materials from the Platform; or
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Diligene. Any use of the Platform not expressly permitted by these Terms of Use is prohibited, constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.

10. Trademarks

The section explains that the Diligene name, logo and other Diligene trademarks on the Platform belong to Diligene and its affiliates or licensors.

The Diligene name, trademarks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Diligene or its affiliates or licensors. You must not use such marks without the prior written permission of Diligene. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

 11. Monitoring and Enforcement; Termination

This section outlines Diligene’s rights with respect to the content that you post on the Platform, including your profile. This section also describes that Diligene has the right to terminate your access and in certain circumstances disclose your identity or take legal action. You provide Diligene with a waiver against any claims made due to the sections.

We have the right to:

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create a risk or liability for Diligene;
  • disclose your identity and other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform or violation of these     Terms of Use; and
  • terminate or suspend your access to all or part of the Platform for any or no     reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS DILIGENE FROM ANY CLAIMSRESULTING FROM ANY ACTION TAKEN BY DILIGENE DURING, OR TAKEN AS A CONSEQUENCEOF, INVESTIGATIONS BY EITHER DILIGENE OR LAW ENFORCEMENT OR OTHER GOVERNMENTAUTHORITIES.

12. Copyright Infringement

This section explains that you will notify us if you believe that any other user content on the Platform violates your own copyright.

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to Mail@diligene.com.It is the policy of Diligene to terminate the user accounts of repeat infringers.

13. Changes to the Platform

This section states that Diligene does not promise that the content on the Platform will always be complete or current.

We aim to keep the content on this Platform up-to-date and accurate, but at times the content may not be complete or current.

14. Information About You and Your Visits to the Platform

This section states that all information collected on the Platform is subject to the Diligene Privacy Notice.

All information we collect on this Platform is subject to our Privacy Notice. By using the Platform, you consent to all actions taken by us with respect to your information incompliance with the Privacy Notice.

15. Links from the Platform

This section states that links to third party websites and resources on the Platform are to be used at your own risk and Diligene accepts no responsibility for your use of them.

If the Platform contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Geographic Restrictions

This section explains that you are responsible for accessing the Platform in compliance with local laws.

The owner of the Platform is incorporated and registered in New Jersey. We provide this Platform for use by persons located worldwide, including the United States, European Union and elsewhere. Access to the Platform may not be legal by certain persons or in certain countries and should you access the Platform from those countries, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

This section is Diligene’s disclaimer of legal liability for your use of the Platform.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy yourparticular requirements for anti-virus protection and accuracy of data input and output. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FORANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES,OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTEREQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOURUSE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ORTO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TOIT.

YOUR USE OF THE PLATFORM, ITS CONTENT,AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK.THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEPLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANYWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DILIGENE NOR ANYPERSON ASSOCIATED WITH DILIGENE MAKES ANY WARRANTY OR REPRESENTATION WITHRESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, ORAVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER DILIGENENOR ANYONE ASSOCIATED WITH DILIGENE REPRESENTS OR WARRANTS THAT THE PLATFORM,ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BEACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BECORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES ORITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OREXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, DILIGENEHEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANYWARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

This section sets out the limits of DILIGENE’s legal liability for your use of the Platform.

TO THE FULLEST EXTENT PROVIDED BY LAW,THE MAXIMUM LIABILITY OF DILIGENE, AND ITS LICENSORS, SERVICE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS FOR DAMAGES OF ANY KIND, UNDER ANYLEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TOUSE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM ORSUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN ANDSUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OFBUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OROTHERWISE, EVEN IF FORESEEABLE, WILL NOT EXCEED 50USD.

The limitation of liability set outs above does not apply to liability resulting from our gross negligence or willful misconduct or to death or bodily injury caused by products or services you purchase through the Platform.

THE FOREGOING DOES NOT AFFECT ANYLIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.Indemnification

This section set outs the indemnity that you agree to with respect to your use of the Platform.

You agree to defend, indemnify, and hold harmless Diligene, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

20. Governing Law and Jurisdiction

This section describes the governing law that applies to this contract and the courts that have jurisdiction.

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related there to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without regard to its principles relating to conflicts of law.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the state of New Jersey, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Limitation on Time to File Claims

This section sets out the timeframe within which you must bring any claim against Diligene.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVEARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BECOMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22. Waiver and Severability

This section describes what happens if Diligene waives a term of this contract, or if any term of this contract is held to be invalid, illegal or unenforceable.

No waiver by Diligene of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Diligene to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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

23. Survival

This section lists those terms that continue to apply beyond the termination of this contract.

On termination of these Terms of Use, the following sections along with this section shall continue in force: Sections 9,10, 18, 20 – 26.

24. Entire Agreement

This section states that this contract (and any documents incorporated and referenced)constitutes the entire agreement between you and Diligene.

The Terms of Use which incorporate our Privacy Notice and any other contractual documentation which we have entered into with you constitute the sole and entire agreement between you and Diligene. regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

25. Conflicts with Other Terms and Conditions

This section describes what happens in the event of a conflict between this contract and anyother contract that Diligene enters into with you.

All relationships and transactions facilitated through the Platform, including the engagement of Diligene Talent by Diligene, or the engagement of Diligene Talent by Diligene Clients, are governed by the contracts that you enter into with us with respect these services. Your use of the Platform is subject to any other contracts you have with us, and in the event of any conflict between these Terms of Use and any contract you have with us, the terms of such contract will prevail.

26. Your Comments and Concerns

This section explains where you can send your notices and comments.

The Platform is operated by Diligene LLC. whose registered office is at 10 Bayberry Dr

Princeton, NJ 08540

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed in the first instance to: Mail@diligene.com.