Terms of service.
Updated August 2022
Terms of Service
At Gritty Talent our mission is to improve the diversity, inclusion and accessibility of the UK’s TV and Film Industry. At our very core is a desire to do things better and deliver services with respect and benefit for the people and the planet around us. As such, we aim to treat all of our users whether “Talent” (on-screen and off-screen talent looking for work or placed with a Client) or “Clients” (a company looking to be matched with our Talent) with respect and to deliver services with honesty, transparency and integrity.
About our Terms and Conditions
1. Welcome to Gritty Talent! These terms of service (“Terms”) explain how you may use the services that we offer.
2. We are Gritty Talent Group Ltd ('we', 'us' or 'our'). Our registered company number is 11747407 and our registered Office is Runway East, 1 Victoria Street, Bristol, United Kingdom, BS1 6AA.
3. References in these Terms to the “Services” include our website at grittytalent.tv, our related app and mobile apps, casting services, off-screen recruitment, consultancy, training, as well as services, sales, marketing or events.
4. You should read these Terms carefully before using any of the Services. By accessing or using the Services or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Services immediately.
5. Your use of the Services means that you must also comply with our Privacy Policy, which governs how we process any personal data collected from you, as well as our use of cookies via the Services ('Privacy Policy').
6. If you have any questions about the Services, please contact us by emailing team@grittytalent.tv
The Gritty Talent service
1. Through the Services, we provide a platform that connects Talent and Clients with each other. Our Services allow both Talent and Clients to explore potential opportunities and connect with each other if they are interested.
2. In order for us to provide the Services to you, you agree to provide us with sufficient information as may be required from time to time. In doing so, you are warranting and representing that any information that you provide to us is true, accurate and not misleading in any way, and that it relates to you in your capacity as either Talent or a Client, as appropriate.
3. Please note that no job offers made through the Services are made by us (i.e. Gritty Talent Group Limited). We do not provide job offers through the Services ourselves and we are not party to any agreements that arise as between Talent and Clients, and we will have no liability in relation to them and no obligation to enforce them.
Use of our service by Clients
1. By using the Services, Clients acknowledge and agree that they are entering into a legally binding contract with Gritty Talent Group Limited. On these Terms and that the Client is liable for any and all fees incurred through their use of the Services detailed out in the Subscriber Agreement.
2. We operate in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the "Conduct Regulations"), in our capacity as an employment agency, with Clients being 'hirers' and Individuals being 'work-seekers'. These terms are as defined in the Conduct Regulations and Employment Agencies Act 1973.
f3. Any information (including personal information) that is submitted via the Services shall be held and processed by us in accordance with our Privacy Policy.
Access to the Services
1. You are responsible for making all arrangements necessary for you to have access to the Services, for example by providing a working internet connection. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms, and that they comply with them.
2. We recognise that our visitors may have various operating systems and Internet browsers and we have designed the various Services to be accessible from as many browsers as possible. However, it is impossible to provide web pages that work identically, efficiently, and effectively with all browsers and settings. If you are having trouble accessing the Services, please contact us at team@grittytalent.tv with details of the browser you are using.
3. We do not guarantee that the Services will always be available or be uninterrupted. Access to the Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Services without notice. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.
Using the Services
1. We permit you to use the Services as above. Use of the Services in any other way, including in contravention of any restriction on use set out in these Terms, is not permitted. If you do not agree with these Terms, you may not use the Services.
2. You agree that you are solely responsible for:
a. All costs and expenses you may incur in relation to your use of the Services; and
b. Keeping your password and other account details confidential.
3. The Services are intended for use only by those who can access them from within the UK. If you choose to access the Services from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
4. We may prevent or suspend your access to the Services if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
Restriction on use
1. You agree that you are solely responsible for ensuring you do not use the Services:
a. for any purpose that is prohibited by these Terms or unlawful under any applicable law;
b. to commit any act of fraud;
c. to distribute viruses or malware or other similar harmful software code;
d. for purposes of promoting unsolicited advertising or sending spam;
e. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information ('phishing');
f. in any manner that disrupts the operation of the Services or business or the business of any other entity;
g. in any manner that harms minors;
h. for promoting any unlawful activity;
i. for representing or suggesting that we endorse any other business, product or service unless we have separately agreed to do so in writing;
j. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
k. to attempt to circumvent password or user authentication method.
2. You agree that you will:
a. comply with the provisions relating to our intellectual property rights and software set out in these Terms; and
b. comply with our Privacy Policy.
3. Anybody may browse the publicly available pages of our Services but if you wish to use the subscription Services on offer you must create an account.
Submitting Information via the Services
1. Any material that you upload or integrate through use of the Services, including but not limited to any text, images, video, audio or other multimedia content, software or other information or materials (together “Content”), must comply with these Terms. By uploading Content, you warrant and represent that such Content:
a. complies with these Terms;
b. is true, accurate and not misleading in any way;
c. relates to you in your capacity as either Talent or a Client ;and
d. does not infringe the intellectual property rights, rights to privacy or any other rights of us or of any third party.
You will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
2. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. However, we will always try to protect our users and employ industry-standard techniques to safeguard against unauthorised access of data, including personal information.
3. Any Content you add to the Services will be considered non-confidential and non-proprietary. You retain all your ownership rights in your Content, but by uploading such Content to the Services you agree to grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free licence to use, adapt, prepare derivative works of, store and copy that Content and to distribute and make it available to other users for the purposes of providing services in accordance with these Terms.
4. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our Services. We do not allow any Content posted through the Services which is, in our opinion, unlawful, offensive, indecent, defamatory, immoral, objectionable or otherwise inappropriate, or if we consider that it otherwise contravenes these Terms in any way, and we reserve the right to remove such content at any time.
5. The views expressed by other users via our Services do not represent our views or values.
Intellectual property rights in the Services
1. The Services and all intellectual property rights in them, including but not limited to any Gritty Talent Group Ltd, images, video, audio or other multimedia content, software or other information or material submitted to the website by us or on our behalf (together “Gritty Talent IPR”), are owned by us, our licensors or both (as applicable). Intellectual property rights include (but are not limited to): copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We (and our licensors) reserve all of our rights in any Gritty Talent IPR in connection with these Terms. This means, for example, that we (and they) remain owners of them and remain free to use them as we (and they) see fit.
2. Nothing in these terms and conditions grants you any legal rights in the Services or in the Gritty Talent IPR other than as necessary to enable you to access the Services. You agree not to adjust to try to circumvent or delete any notices contained within the Services (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Services.
3. The use of any trademarks that appear via the Services is strictly prohibited unless you have prior written permission from us or from the registered proprietor of the trademark (as the case may be).
Accuracy of information and availability of the Services
1. We will take reasonable technical and organisational precautions to try and ensure the Services are accurate, up-to-date and free from bugs. Any information that we make available via the Services is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
2. The Services will contain information that has been supplied by Talent, Clients and industry organisations. Whilst we encourage a high quality of the information provided, we make no representations, warranties or guarantees, whether express or implied, that such information supplied by Talent, Clients or industry organisations (as the case may be) is accurate, complete or up-to-date. We do not verify any aspect of such information and shall have no obligation to do so. Further, we shall have no liability to any party in respect of any such information. Any reliance that you may place on the information available via the Services that is supplied by either Talent, a Client or an industry organisation is at your own risk. If you feel any information supplied is inaccurate please contact us.
3. We may suspend or terminate the operation of the Services at any time as we see fit.
4. While we try to make sure that the Services are available for your use, we do not promise that they will be available at all times nor do we promise the uninterrupted use by you of the Services.
Linking, framing, hyperlinks and third-party sites
1. You may create a link to our Services from another platform without our prior written consent, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Services at any time, and you shall immediately comply with any request by us to remove any such link.
4. Our website (and other Services) may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site.
Viruses
1. Whilst our user's safety is the priority, we cannot guarantee that the Services will be completely secure or free from bugs.
2. You are responsible for configuring your information technology, computer programmes and website in order to access the Services. You should use your own virus protection software.
3. You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
Limitation of our liability
1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law of England and Wales.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content within them, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a. use of, or inability to use, the Services;
b. loss of and/or misuse of data or information submitted via the Services;
c. use of or reliance on any content displayed via the Services.
e. any loss of profits, sales, business, or revenue or for any business interruption;
f. any loss of anticipated savings, business opportunity, goodwill or reputation, or any indirect or consequential loss or damage;
g. any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on it, or on any website linked to it.
Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
Variation
1. We may revise these Terms at any time. By continuing to use and access the Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations, as they are binding on you.
2. We may update the Services from time to time and may change the content at any time. However, please note that any of the content on the Services may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Services, or any content, will be free from errors or omissions.
Breach
We shall apply these Terms in our absolute discretion. In the event of your breach of these Terms, we may terminate or suspend your use of the Services, remove or edit any Content submitted by you, disclose such Content to law enforcement authorities or take any action we consider necessary to remedy the breach.
General terms
1. Headings are used for reference only and in no way define, limit, construe or describe the extent or scope of any section of these Terms.
2. If any provision of these Terms is held to be invalid, unlawful or unenforceable to any extent, such provision shall, to that extent only, be severed from these Terms, which shall continue to be valid to the fullest extent permitted by law.
3. Any failure by us to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with these Terms or any provision of them.
Sale of business
If our business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business for the purposes of Gritty Talent only.
Applicable Law
These Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales and any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.