General
This Agreement ("Agreement") is between Braw Talent CIC (“Braw Talent"), the owner and operator of brawtalent.org (the "Site" and any "Services"), and you ("you," "your," or "user(s)"), a user of the Site and Services. This Agreement is legally binding and governs your use of our Site and Services.
Throughout this Agreement, the terms "Braw Talent," "us," "we," and "our" refer to our company, Braw Talent CIC, and our website, brawtalent.org, or our Services, as appropriate.
By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and our Privacy Policy.
We may amend our Terms of Service or Privacy Policy from time to time, and we will notify you of these changes. In order to continue using our Site and Services, you must agree to all such changes. If you do not agree to the Terms of Service or the Privacy Policy, please stop using our Site and Services immediately.
1. Limitation of Liability
In no event shall Braw Talent, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services and products, (iii) any unauthorised access to or use of our secure servers and/or any personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of our products made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In the event of any problem with this website, you agree that your sole remedy is to cease using this website. If there is any problem with the products or services you have purchased on or through this website, you agree that your sole remedy, if any, is through this Agreement. Braw Talent is not liable to you or to third parties for any damage, harm, injury, or claim that arises from your use of any products or services purchased from our site.
2. License
By using our Site, Braw Talent grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Site solely for your personal use. You agree not to copy, modify, distribute, sell, or lease any part of our Site or Services unless expressly authorised in writing by us. Braw Talent reserves all rights not expressly granted in these Terms.
3. Refund Policy
If you are dissatisfied with any Services or products you have purchased, please contact us at hello@brawtalent.org to discuss your concerns. Refunds will be issued at Braw Talent's discretion and in accordance with applicable consumer protection laws. Some purchases may be final and non-refundable as specified at the time of purchase.
4. Representations and Warranties
Our Site and Services are offered “as is.” We make no representations or warranties as to the merchantability of our Services or fitness for any particular purpose. We specifically disclaim all express or implied warranties not stated within this Agreement. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our Services, for reasons including, but not limited to, failure of our Services, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists. We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees, or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
5. Payments
All payments for Braw Talent's Services must be made through our secure payment platform or an approved third-party payment processor. By submitting payment information, you warrant that you have the legal right to use any payment methods you provide. We are not responsible for any processing delays or fees applied by your payment provider.
6. Photos and Copyright Information
Unless otherwise noted, all content on our Site, including but not limited to text, graphics, logos, images, and photos, is the property of Braw Talent CIC and is protected by copyright laws. Users are not permitted to copy, distribute, or use any of our copyrighted materials without our prior written consent. Unauthorized use may result in legal action.
7. Indemnity
You agree to defend, indemnify, and hold Braw Talent, its affiliates, officers, employees, and agents harmless from any claim, demand, loss, liability, or expense, including attorneys’ fees, arising out of your use of the Site or Services, your breach of these Terms, or your infringement of any third-party rights.
8. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
9. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Braw Talent shall have the sole right to elect which provision remains in force.
10. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
11. Termination and Cancellation
Braw Talent reserves the right to terminate or suspend access to the Site and Services for any user at any time, with or without cause, and without prior notice. You may also cancel your account at any time by contacting us. Any termination or cancellation will not affect your obligations under these Terms, including the payment of any fees due.
12. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
13. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Services. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
14. Third Party Links
We may link to third-party websites from our own website. We have no control over, and are not responsible for, these third-party websites or their use of your personal information. We do not endorse, recommend, or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third-party site.
15. Choice of Law
This Agreement shall be governed by the laws in force in Scotland. The offer and acceptance of this contract is deemed to have occurred in Scotland, United Kingdom.
16. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Glasgow, Scotland. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
17. Email Communication
By signing up, you agree to receive important transaction emails regarding the Site and Services. You can opt out of promotional emails at any time, but you may still receive transactional emails.
18. Contact Information
If you have any questions about these Terms, please contact us at: Braw Talent CIC
Email: hello@brawtalent.org
Address: Studio 114, South Block, 60 Osborne Street, Glasgow G1 5QH
Last modified: 20th April 2024