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Terms of Service

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Summary

Data collected belongs to your organisation.

Your data is always private and confidential.

Be nice. You should act reasonably and in good faith when using great{with}talent's LastOpinion.

These Terms of Service form a legally binding agreement between you and great{with}talent in relation to your use of the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

You should you print off and/or save a copy of these Terms of Service for your records. Capitalized terms have the meanings attributed to them in Section 12.

1. Application and Acceptance

1.1. Unless otherwise agreed in writing with great{with}talent, these Terms apply to your use of the Services.

1.2. You may not use the Services if you do not accept the Terms.

1.3. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with great{with}talent, or are otherwise precluded from using or receiving such Services under the laws of Great Britain or other countries, including the country in which you are resident or from which you intend to use the Services.

1.4. This Service is intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. We may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

1.5. The Terms shall be deemed accepted by you upon the earlier of your: (i) using the Services; or (ii) clicking to accept or agree when this option is made available to you in the course of accessing or registering for the Services.

1.6. In the event that an additional Service is introduced or an existing Service is altered and supplementary terms and conditions of access or use are applicable, those additional terms ("Supplemental Terms") shall apply. When Supplementary Terms apply to a specific Service, these will be accessible and/or presented to you within or prior to the use of such Service. These Terms shall continue to apply to such additional or altered Service and shall be deemed modified only to the degree they are in direct conflict with the Supplemental Terms, in which case the Supplemental Terms shall prevail.

1.7. great{with}talent may make changes to the Terms or Supplemental Terms from time to time, and great{with}talent will make a new copy of the Terms available here. Any new Supplemental Terms will be made available to you from within, or through, the applicable Services. You understand and agree that you are responsible for checking this link to determine whether the Terms or Supplemental Terms have been updated and, in any event, that if you use the Services after the date on which the Terms or Supplemental Terms have changed, you are deemed to have affirmatively accepted the updated Terms and/or Supplemental Terms. When great{with}talent posts changes to the Terms, the "Latest Update" date at the top of Terms will be updated. Where changes are deemed by great{with}talent to be material changes, great{with}talent will provide at least two weeks notice to users.

2. The Services

2.1. Subject to the Terms, you may access and use the Services for which you have been authorized or licensed by great{with}talent during the term of such license.

2.2. great{with}talent gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to access and use the Software as part of the Services as provided or made available to you by great{with}talent, solely to make use of the Services and subject at all times to the Terms.

2.3. Unless great{with}talent has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services or the Software, or grant a security interest in or over your rights to use the Services or the Software, or otherwise transfer any part of your rights to use the Services or the Software.

2.4. great{with}talent is committed to continually improving and enhancing the Services and, Subject to any other written agreement you may have with great{with}talent, you acknowledge and agree that the specific form and/or nature of the Services may change from time to time without prior notice and great{with}talent may cease providing the Services (or any specific features within the Services) to you or to users generally at great{with}talent's sole discretion, without prior notice to you.

2.5. You agree to provide good faith feedback in relation to the Service regarding usability, adoption, suggested enhancements, feature requests, etc. (collectively, the "Service Suggestions"). For the avoidance of doubt "Service Suggestions" does not include feedback, observations, comments or responses received from or posted by you or other users of the Service (including advisers) relating to performance feedback regarding individual users of the Service.

2.6. You may stop using the Services at any time and you do not need to specifically inform great{with}talent when you stop using the Services.

2.7. Unless you have been specifically permitted to do so in a separate agreement with great{with}talent, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

3. Accounts and Access

3.1. In order to use Services, you must register a great{with}talent account ("Account").

3.2. An individual user may only have one Account at a time.

3.3. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. Accordingly, you agree that you will be solely responsible to great{with}talent for all activities that occur under your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify great{with}talent immediately.

3.4. You may acquire an Account either directly from great{with}talent, or you may be provided an Account through an Employer's Corporate License. A Corporate License is a license granted to an Employer by great{with}talent, which allows the Employer to authorize great{with}talent Accounts for a specified number of its employees and/or contractors.

3.5. If your Employer acquires a Corporate License and you already have an Account (or if you are hired or engaged by an Employer that already has a Corporate License), your existing personal Account may be ported to your Employer's Corporate License. You may be provided with new log-in credentials. All data in or related to your Account will be maintained and is subject at all times to the great{with}talent Privacy Policy.

3.6. If you have an Account under your Employer's Corporate License and you cease to be an employee or contractor for such Employer, your Account will be ported to a personal Account and your access shall continue. You may be provided with new log-in credentials.

3.7. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by great{with}talent, unless you have been specifically allowed to do so in a separate agreement with great{with}talent and, without limiting the generality of the foregoing, you specifically agree not to access (or attempt to access) any of the Services through any automated means.

4. Acceptable Use

4.1. To report use contrary to these Terms, please email: info@greatwithtalent.com.

4.2. You shall at all times act reasonably and in good faith when using the Services and shall not:

  1. abuse, harass, threaten, impersonate or intimidate other great{with}talent users or any third party;
  2. bypass or attempt to bypass any measures great{with}talent may use to prevent or restrict access to the Services;
  3. use automated scripts to collect information from or otherwise interact with the Service or the Website;
  4. interfere or attempt to interfere with the proper functioning of the Services;
  5. attempt to uncover the identity of a great{with}talent user that provides feedback anonymously;
  6. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the identity, of any great{with}talent user (unless such identification request is a consequence of a Service feature and unless the request recipient consents) or the password, account, or private information of any great{with}talent user;
  7. attempt to artificially alter a great{with}talent user's rating, profile or comments (including your own), including by way of:
    1. creating or attempting to create multiple user accounts for the purpose of artificially altering feedback or information gathered through the Services;
    2. giving or receiving money or other remuneration in exchange for ratings or feedback (positive or negative); or
    3. participating in any other organized effort that in any way artificially alters or distorts the results or efficacy of the Services.
  8. post or transmit, or cause to be posted or transmitted, any material that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party (including but not limited to copyright laws);
  9. use the Services for any illegal or unauthorized purpose (if you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content);
  10. use the Services to advertise to, or solicit, any user to buy or sell any products or services; or
  11. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of great{with}talent:
    1. is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose great{with}talent or its users to any harm or liability of any type;
    2. that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state national or international law
    3. that would constitute unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  12. harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; and
  13. impersonate any person or entity (including, without limitation, another user) or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

4.3. Without limiting the foregoing, if you are provided an Account pursuant to your Employer's Corporate License, you shall at all times comply with your Employer's policies or required practices in respect of your use of the Services.

5. Content and Privacy

5.1. For information about great{with}talent's data protection practices, please read great{with}talent's privacy policy. This policy explains how great{with}talent treats your personal information and protects your privacy, when you use the Services. The terms of the Privacy Policy are incorporated herein by reference.

5.2. You understand that all information or content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or entity from which such information or content originated ("Content") and that Content may be protected by intellectual property rights held by the originator(s). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by great{with}talent or by the owners of that Content, in a separate agreement.

5.3. You understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.

5.4. You agree that you are solely responsible for (and that great{with}talent has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which great{with}talent may suffer) by doing so.

5.5. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. Subject at all times to the great{with}talent Privacy Policy, by submitting, posting or displaying the Content you grant great{with}talent a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. You confirm and warrant to great{with}talent that you have all the rights, power and authority necessary to grant the above license.

5.6. Any Content you send or otherwise make available through use of the Services, including but not limited to, sending feedback requests is done so at your own risk. great{with}talent cannot control the actions of other users with whom you may choose to share any information and cannot and does not guarantee that Content you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: (i) you are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (ii) you have the written consent of each and every identifiable natural person identified or referenced in your Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; and (iii) your Content and great{with}talent's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

5.7. It is great{with}talent's strict policy not to publish or otherwise release the content of feedback sent between users or the identity of the Users, except as provided for in the Terms or the Privacy Policy.

5.8. Subject only to the terms of any contrary written agreement with great{with}talent, great{with}talent may, in its discretion, remove any Content and/or deactivate great{with}talent Accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content).

6. Confidentiality

6.1. In connection with this service, great{with}talent may disclose to you certain information that the great{with}talent considers confidential and/or proprietary ("Confidential Information") including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products; (e) any bugs, defects, security problems, and other issues relating to the Service and/or the Software. Service Suggestions shall be deemed to be great{with}talent Confidential Information.

6.2. You shall not disclose and shall protect the Confidential Information of great{with}talent and shall use no less than a reasonable degree of care to prevent its unauthorized use, dissemination or publication to any unauthorized third parties.

6.3. Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of you; (ii) was in your lawful possession prior to the disclosure and was not obtained by you either directly or indirectly from great{with}talent.

6.4. You may disclose Confidential Information solely as needed to comply with a court order or other government demand (provided that you first use all reasonable efforts to notify great{with}talent and to give great{with}talent the opportunity to challenge such court order or government demand). You acknowledge that damages for improper disclosure of Confidential Information may be irreparable; therefore, great{with}talent is entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this section. You shall have a duty to protect Confidential Information during the Term and for a period of two (2) years thereafter.

7. Proprietary Material

You shall acquire no rights whatsoever in and/or to the Service, the Software or the Service Suggestions. To the extent that, by operation of law, You are deemed to hold or retain any Intellectual Property Rights in and to the Service, the Software, and/or the Service Suggestions, such rights are hereby irrevocably assigned to great{with}talent and, to the extent that any such rights are not assignable (including, without limitation, all moral rights and any rights analogous thereto), such rights are hereby irrevocably waived by You in favour of great{with}talent, its successors and assigns in perpetuity. You may not (and you may not permit or enable anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by great{with}talent, in writing. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have agreed otherwise in writing with great{with}talent, nothing in the Terms gives you a right to use any of great{with}talent's trade names, trademarks, service marks, logos, domain names, and/or any other distinctive brand features. Unless you have been expressly authorized to do so in writing by great{with}talent, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8. Copyright Infringement

great{with}talent has adopted a policy of terminating, in appropriate circumstances and at great{with}talent's sole discretion, Users who are deemed to be repeat infringers. Without limiting any other provision of this agreement, great{with}talent may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify great{with}talent's copyright agent as follows:

greatwithtalent ltd. Springfield House, Springfield Road, Horsham, West Sussex, RH12 2RG

Please include the following information in writing in your notice to great{with}talent's copyright agent:

PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND LEGAL FEES.

9. Warranties and Limitations

9.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GREAT{WITH}TALENT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND GREAT{WITH}TALENT'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GREAT{WITH}TALENT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FRE E FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT{WITH}TALENT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. GREAT{WITH}TALENT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREAT{WITH}TALENT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS BUSINESS ASSOCIATES SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH GREAT{WITH}TALENT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (C) YOUR FAILURE TO PROVIDE GREAT{WITH}TALENT WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON GREAT{WITH}TALENT'S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT GREAT{WITH}TALENT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10. Indemnification

10.1 Each Party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other Party (the "Indemnified Party") and each of the Indemnified Party's parent, affiliated, subsidiary and related entities throughout the world and each of its and their respective shareholders, officers, directors, employees and agents from and against all liabilities, damages, losses, costs or expenses (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in connection with any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any claim that the Indemnifying Party's Property infringes or misappropriates any intellectual property right of any person. Each Party's indemnification obligations under this Section are conditioned on the other Party notifying the indemnifying Party promptly in writing of such action, the other Party giving the indemnifying Party sole control of the defence thereof and any related settlement negotiations, and the other Party cooperating and, at the indemnifying Party's reasonable request and expense, assisting in such defence.

11. Miscellaneous

11.1. You acknowledge that feedback or data or Content to which you may have access through the Services ("Data") is for the purposes of insight. If you have accessed the Services through your Employer's Corporate License, you expressly acknowledge and agree that you shall be barred from using such Data in support of any legal claim or dispute with your Employer and such Data shall be inadmissible as evidence or in support of such claim or dispute. You hereby release and forever discharge your Employer from any and all manners of actions, causes of actions, suits, claims, complaints, damages, costs and/or expenses of any nature or kind whatsoever known or unknown (whether in law, in equity or pursuant to statute), which you now have or may have arising out of or related to your use of the Services. You expressly acknowledge and agree that your Employer shall be a third party beneficiary of these Terms and shall be entitled to rely upon and enforce the foregoing provision directly.

11.2. The Terms will continue to apply until terminated by either you or great{with}talent as set out below. If you want to terminate your legal agreement with great{with}talent, you may do so by (a) notifying great{with}talent at any time and (b) closing your Account for all of the Services which you use, where great{with}talent has made this option available to you. Your notice should be sent, in writing, to great{with}talent's address which is set out at the beginning of these Terms. great{with}talent may at any time, terminate its legal agreement with you and deactivate the applicable Account if: (i) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (ii) great{with}talent is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (iii) great{with}talent is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or (iv) the provision of the Services to you by great{with}talent is, in great{with}talent's opinion, no longer commercially viable. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and great{with}talent have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraphs 6, 8, 9 and 10 shall continue to apply indefinitely.

11.3. great{with}talent has implemented commercially reasonable technical and organizational measures designed to secure your personal information and your Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, great{with}talent cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and your Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

11.4. The Terms (including the Privacy Policy) constitute the whole legal agreement between you and great{with}talent and govern your use of the Services (but excluding any services which great{with}talent may provide to you under a separate written agreement), and completely replace any prior agreements between you and great{with}talent in relation to the Services.

11.5. You agree that if great{with}talent does not exercise or enforce any legal right or remedy which is contained in the Terms (or which great{with}talent has the benefit of under any applicable law), this will not be taken to be a formal waiver of great{with}talent's rights and that those rights or remedies will still be available to great{with}talent.

11.6. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

11.7. great{with}talent makes no representations that the Service is appropriate or available for use in other locations other than Great Britain. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations, if applicable.

11.8. You agree that: (i) the Service shall be deemed solely based in Great Britain; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over great{with}talent, either specific or general, in jurisdictions other than Great Britain; and (iii) The Terms, and your relationship with great{with}talent under the Terms shall be governed by the internal substantive laws of Great Britain, without respect to its conflict of laws principles. Any claim or dispute between you and great{with}talent that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Great Britain. Notwithstanding this, you agree that great{with}talent shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11.9. great{with}talent may provide notifications, whether such notifications are required by law or are for authorized marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by great{with}talent in its sole discretion. great{with}talent reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms and Conditions and great{with}talent's Privacy Policy.

11.10. These Terms and all representations, obligations, undertakings and warranties contained in it shall enure for the benefit of any successor and/or assignees of great{with}talent.

11.11. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and great{with}talent's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

12. Definitions

12.1. "Corporate License" is a license to use the Services provided to an Employer, which entitles that Employer to identify employee users of the Service and through which such identified users may access the Services.

12.2. "Employer" means your employer, or, in the event that you are a contractor providing accessing the Services to a third party;

12.3. "Intellectual Property Rights" means patent rights (including patent applications and disclosures), copyrights (including copyright applications), trade secrets, trademarks, moral rights, know-how and any other similar rights or intangible assets recognized under any law(s) or international convention(s) in any country or jurisdiction in the world where such rights accrue.

12.4. "Services" means any software, services and web site provided by or made available through great{with}talent or its affiliated or partner companies, including, without limitation the "great{with}talent" service, an online service to enable self-directed feedback and personal development management;

12.5. "great{with}talent" means greatwithtalent ltd, Springfield House, Springfield Road, Horsham, West Sussex, RH12 2RG

12.6. "Software" means any software that is provided to you or to which you are given access by great{with}talent as part of the Services;

12.7. "Terms" means these Terms of Service;

12.8. "Website" means any website operated by or on behalf of great{with}talent and through which Services are provided to you;

12.9. "You" or "your" means anyone who accesses or uses the Services.


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