1. Introduction Inclusion:

You affirm that all the information provided in the Introduction section, above, and through the Services or in other communications with us is accurate and truthful. You acknowledge that the Introduction is an integral part of these Terms.

2. Changes to These Terms:

We reserve the right to modify these Terms at any time. Any modifications will apply going forward from the date they are made, as indicated by the “Last Revised” date shown above. Your use of the Services or failure to terminate your account within thirty (30) days following any modifications constitutes acceptance of the updated Terms. Notice of each modification will be provided by updating the “Last Revised” date and sending an email to the address you provided. By updating the “Last Revised” date, we consider this sufficient notice of the modifications, and your continued use of the Services binds you to the updated Terms. Please check the “Last Revised” date before each use of the Services to understand the Terms in effect at that time.

3. Reserved Rights:

Without limiting our rights in any way, GoTalent explicitly reserves the following rights at any time:

· Modify these Terms as described herein.

· Alter the Services, including adding or discontinuing content or features, and changing business models.

· Terminate memberships without refund or pursue legal action against users not complying with these Terms.

· Adjust fees or charges for using the Services.

· Edit, add, disable, or delete any Artist Profile information or content at our discretion.

· Terminate “agencies / Event Planner” accounts if they don’t provide valid contact information or if there are suspicions about their legitimacy.

· Monitor member-to-client and member-to-member interactions.

· Revoke accounts for unprofessional behavior at any stage of member-to-client or member-to-member interactions.

· Hold a deposit or balance payment if we suspect fraud in a booking.

· Use content uploaded on the GoTalent platform for marketing or commercial purposes without prior user approval.

· Request the return of a deposit or balance payment if a booking isn’t honored or if a violation of these Terms occurs.

· Monitor conversations between artists and clients through the messenger (web/app).

· Remove member accounts at our discretion for any reason.

4. Online Conduct:

When using or accessing the Services, you agree to the following:

· You are solely responsible for the content you post on the Services or transmit to other members.

· You will not post or transmit defamatory, inaccurate, abusive, obscene, offensive, threatening, harassing, racially offensive, or illegal material.

· You will use the Services in compliance with all applicable laws and regulations.

· You will not post offensive or sexually suggestive content, including images containing nudity.

· You will maintain current contact information on your profile.

· You will not falsify your identity on the Services.

· You will not engage in harassment or stalking.

· You will not use the Services for advertising or solicitation.

· You will not transmit chain letters, spam, or junk email.

· You will not use content to falsely imply endorsement by us.

· You will not harvest personal information without consent.

· You will not use automated tools to access or manipulate the Services.

· You grant GoTalent permission to enhance your Artist Profile with content from your linked “Official Website.”

5. Purpose and Nature of the Services:

Our Services are strictly intended for:

· Providing a platform for talent, including performers, speakers, bands, musicians, and vendors, to present information about themselves.

· Facilitating the booking of talent for entertainment services.

Selling or offering goods or real property is prohibited. GoTalent is not a party to any contracts between users for services. While exposure may result from using our Services, we don’t guarantee paid clients. We don’t guarantee career advancement or income. GoTalent does not endorse members or their services and disclaims liability for member profiles and interactions. Users contact and deal with members at their own risk.

6. Age Restrictions:

To utilize the GoTalent Site and other Services, you must be at least 18 years old, or of the legal age required to enter a binding contract in your jurisdiction if that age exceeds 18. Individuals under the age of 18 or the legal contract age in their jurisdiction (“Minors”) are prohibited from accessing the Services. Our Services are not designed for children under the age of 13.

A legal guardian of a Minor aged 13 or older may create a profile for the Minor, but this action makes the legal guardian responsible for all activities associated with that account. GoTalent must be able to verify the legal guardian’s consent. Certain sections of the Site and App may contain content unsuitable for Minors.

7. Links to Other Websites and Services:

 GoTalent has no control over the availability or content of external websites, applications, services, or resources (collectively, “third-party services”) linked through our Services. Any concerns regarding such third-party services or links should be directed to the respective third-party service providers. Unless explicitly stated otherwise, GoTalent does not endorse, approve, or verify third-party services linked from our Services. These links are provided for user convenience only. Access to third-party services is at your own risk, and we disclaim all liability for your use of such services. Furthermore, GoTalent does not endorse, approve, or verify third-party services that link to our Services, even if they use GoTalent logos or marks as part of the link.

8. Disclosures About You by GoTalent:

In addition to the foregoing, you consent to GoTalent’s use or disclosure of information related to you and your use of the Services as outlined in these Terms and our Privacy Policy, which is incorporated by reference herein. Regarding any information concerning other Services users that you may access through the Services, you agree to use such information solely for activities related to the Services’ intended purposes. These activities explicitly exclude (i) sending unsolicited commercial communications, (ii) contacting recipients who have expressed a desire not to receive further communications from you, or (iii) selling or renting such personal information to third parties.

9. No Partnership, Agency, or Affiliation:

By using the Services, you acknowledge and accept that GoTalent is not your partner, agent, joint venture participant, or otherwise affiliated with you, any member, or any other Services user unless expressly stated otherwise in these Terms.

10. Registration and User Membership:

While you can utilize our Services and access a variety of information about performers and entertainment groups, as well as other content related to the entertainment industry, without the need for registration, becoming a registered user is necessary to post information via our Services and access certain additional materials or information. Our registration forms will outline the information you must provide to enjoy specific features, as well as any optional information you can choose to provide or withhold. By registering with our Services, you agree to furnish us with accurate, complete, and up-to-date information as specified by the registration form. This information may include, but is not limited to, your legal name, address, telephone number(s), relevant payment details (such as credit card number and expiration date), and any other data required by these forms. Information you provide during the registration process will be handled and safeguarded by us in accordance with these Terms and our Privacy Policy. GoTalent permits members to establish one free account, which may be terminated or edited by GoTalent at any time, without prior notice. Upon registration for our Services, you will create a password and user ID, granting you access to certain services and materials available through the Services, unless revoked by us for any reason. You commit to keeping your user ID and password confidential, refraining from disclosing them to third parties. If you suspect that your user ID and/or password has been disclosed to or compromised by any other party, you agree to promptly notify us in writing and change your user ID and/or password immediately through the member control panel within our Services. You accept full responsibility for maintaining the confidentiality of your user ID and password, as well as for any and all actions conducted through your account, whether by you or any other party.

11. GoTalent Fees:

While some sections of the Site and Services may be accessible and usable free of charge, certain other areas of our Site and Services require payment of applicable fees, which may change periodically, subject only to your right to terminate these Services as outlined in their respective terms. Current fee details can be found on the Site. All amounts owed by you to us, including, where applicable, transaction-based service fees, monthly fees, annual fees, one-time fees, takedown fees, and similar charges, are collectively referred to as “GoTalent Fees.” Financial information provided within the Services (including GoTalent Fees, package pricing, deposits, and any other pricing information) is presented in your country’s currency unless otherwise specified. The booking fee for the artist remains confidential between the client and GoTalent Technologies Ltd.

12. GoTalent Artist Booking Commission Fees:

GoTalent charges a 25% commission on all bookings, comprising a 20% agency fee and a 5% VAT charge.

13. Unavailability of Artist:

GoTalent  enters into a contract with the Artist in good faith. However, if the artist is unable to fulfill the engagement due to reasons such as illness or ‘force majeure’ (including, but not limited to, circumstances like war, threat of war, riot, national mourning, fire, civil strife, industrial disputes, transport delays, adverse weather conditions, or any other circumstances beyond our control), you have the following options: (a) You can accept a replacement artist introduced by us, or (b) You can request a refund of all payments made to us. Subject to Clause 9, we will not have any further liability to you.

14. Replacement Artist:

If we are unable to secure the services of the chosen Artist, GoTalent will offer you an alternative artist, and you can choose to accept or decline the replacement. If you decide to accept a replacement Artist, you must confirm this in writing, and any booking arranged by us will be subject to these terms and conditions. In the event of a sudden illness, GoTalent will promptly inform the client, and as the hired artist, you will not receive payment.

15. Booking Cancellation:

a. To initiate a cancellation of your booking, you must send us a Notice of Cancellation via email to info@gotalent.global. The cancellation will be effective on the day we receive your written instruction.

b. Failure to make payments in accordance with this agreement may be considered a cancellation by you.

c. If you decide to cancel the booking after the Artist has confirmed acceptance of the engagement, you will be responsible for compensating GoTalent Technologies Ltd. for any losses and expenses incurred due to the cancellation. A fixed charge of 50% will be refunded to the client, and the remaining amount will be provided as compensation to the Artist for holding the date. GoTalent charges a 15% service fee for any cancellation, which will be deducted equally from both the artist and the client. GoTalent’s service fee includes: (Agency Fee, Payment Gateway Fee, and VAT).

Cancellation Policy: · Any cancellation occurring after an artist has confirmed a booking entitles the client to a full refund, excluding the agency fees of 15% (inclusive of TAX) of the total booking amount. · Cancellation within 48 hours prior to the event entitles the client to 50% of the original booking amount, as 50% would have already been paid to the artist. (7.5% will be deducted from both parties to compensate for agency fees and VAT) – (not applicable on National Holidays and New Year’s Eve) · Cancellation within a 24-hour period is nonrefundable and must be paid in full.

Force Majeure: · If an event is cancelled due to reasons beyond the client’s control, the client becomes entitled to 100% of the original payment amount in GoTalent credit that can be used for any GoTalent service in the future. o In the event that the performance of this Agreement, or any obligation hereunder, is directly or indirectly prevented, restricted, or interfered with by reasons such as fire, flood, earthquake, acts of God, wars, revolution, civil commotion, explosion, acts of public enemies, embargo, acts of the government in its sovereign capacity, labor difficulties, including strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendors, changes requested by the Customer, or any other circumstances beyond reasonable control and without the fault or negligence of the affected Party, the affected Party will promptly notify the other Party and will be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party will also be excused from performance of its obligations on a day-to-day basis until the delay, restriction, or interference has ceased). However, the affected Party will make diligent efforts to avoid or remove such causes of non-performance, and both Parties will proceed when such causes are removed or cease.

16. Copyright:

 All copyright and other intellectual property rights regarding the Artist’s performance and any materials used during the performance remain the property of the Artist. Any electronic or other recordings of the Artist’s performance cannot be made without prior consent. If consent for recording is granted, copies of such recordings must be provided to GoTalent Technologies Ltd. within a reasonable timeframe after the engagement.

17. Technical Facilities:

Technical facilities, apart from those specified in the engagement details or an artist’s rider, must meet professional standards. This includes sound, lighting, staging, and, where necessary, projection equipment and operators.

18. The Venue / Insurance:

You are responsible for ensuring that the performance venue has adequate heating, lighting, ventilation, and complies with all health, safety, licensing, and public entertainment regulations. You must hold or obtain all necessary licenses. It is your responsibility to maintain adequate public liability insurance, and we reserve the right to request proof of this policy at any time before the performance. Failure to have insurance may be considered a cancellation by you, subject to the consequences outlined in Clause 4 above. You must also provide any technical and stage accessories necessary for the Artist to perform. You should ensure there is adequate access to the performance area and/or nearby parking without charge for the performance duration. You are responsible for the adequate supervision of all guests and staff at the Venue, and you are liable for any theft or damage to equipment caused by guests or staff. GoTalent Technologies Ltd. is not liable for any losses or damages of any kind, whether direct or indirect, general, specific, special, or incidental, to people, equipment, or the venue, on and off the stage before, during, and after the show. GoTalent Technologies Ltd. will not be held liable for any damages caused by the Artist during their performance.

19. Choice of Artist:

(a) You acknowledge and agree that you have chosen the Artist or any replacement Artist under the circumstances described in Clauses 2 and 3.

(b) If you require the Artist to perform to a specific brief, and the Artist agrees, you are encouraged to provide notes and guidance. Failure to do so will result in the Artist delivering the performance as they see fit, and you cannot complain about the choice of material.

(c) If you provide notes and guidance, you warrant that the material is clear, intelligible, and not subject to any copyright or intellectual property restrictions. You agree to indemnify GoTalent Technologies Ltd. or the Artist against any claims, whether for damages or costs, arising from such material.

(d) While GoTalent Technologies Ltd. will provide the Artist with any material you supply or request, we cannot accept responsibility for any deviations from that material by the Artist.

(e) GoTalent Technologies Ltd. is not responsible if the Artist does not perform to your satisfaction.

(f) It is agreed that any future engagement of the Artist by the Client within twenty-four calendar months shall be negotiated through GoTalent.

20. Disturbance During Performance:

You, the client, are responsible for the actions of the audience or delegates. In the event of a disturbance, such as unreasonable background noise, throwing of objects, P.A. system failure, or continuous abuse, whether under the influence of alcohol or not, the Artist has the right to reduce their performance time. In such a case, you will still be liable for the full Artist’s fee.

21. Notices:

All communications under this Agreement must be in writing and delivered to you or us at the addresses specified in the Booking Agreement. This can be done via first-class mail, facsimile transmission, or personal delivery. Notices sent by mail are considered delivered within a reasonable time frame, while notices via facsimile or personal delivery are considered delivered within 24 hours of transmission or delivery.

22. Concerns and Disputes:

 If a dispute or complaint arises from either the Artist or the Client, it is essential to formally document the matter in writing within 48 hours. GoTalent’s Agent will assume the role of a mediator, working towards a mutually satisfactory resolution for both parties. Whenever feasible, it is advisable to obtain third-party statements to substantiate any claims. If the issue proves unresolvable or an agreement cannot be achieved, both parties are encouraged to seek legal counsel.

24. Section Titles :

The headings within these Terms and Conditions are included solely for convenience and do not influence the interpretation of the booking agreement.

25. Product Details:

We cannot ensure that all physical products will precisely match what is displayed on the screen because this depends on the user’s monitor or viewing device.

26. Newsletter:

Users hereby consent to GoTalent sending newsletters via email, containing updates on the latest news, products, promotions, and more.

26. External Site Links :

Accessing third-party websites through links is done at your own risk. https://www.GoTalent.global does not have any affiliation with or responsibility for such websites in the event of damage or loss to user content/products related to third-party sites.

27. Information Accuracy:

Occasionally, there may be errors, inaccuracies, or omissions in the information found on https://www.GoTalent.global, including product descriptions, pricing, availability, and article content. We reserve the right to rectify any errors, inaccuracies, or make changes to the information without prior notice to customers. If you are dissatisfied with your purchase, booking, product(s), or service(s), please reach out to us.

28. Payment Options:

We offer online payment methods including Visa and MasterCard credit/debit cards, as well as cryptocurrency, in AED (or any other agreed-upon currency or payment gateway).

29. Payment Processing:

Any disputes or claims related to this website will be governed and interpreted in accordance with the laws of DIFC, Dubai, UAE. The United Arab Emirates is our country of registration. Users under the age of 18 are not permitted to register or conduct transactions on this website. When you make a payment for our products or services on our website, the information you provide will be securely transmitted to our payment service provider. It is advisable for the cardholder to retain a copy of transaction records and familiarize themselves with the policies and regulations of the merchant.

30. Payment for Featured Artist:

 Fees When you choose to become a featured artist on GoTalent, you provide us with authorization to charge your credit card, debit card, or another designated payment method at the appropriate time. You consent to us invoicing all fees associated with your Artist profile under the GoTalent platform to the payment method you have furnished, which may include a credit card, PayPal account, or debit card, among others. You bear sole responsibility for ensuring the prompt payment of all Featured Fees. It is incumbent upon you to inform us of any changes to your payment method by updating your account settings accordingly. Failure to provide a valid payment method or if we determine that your chosen payment method is inactive for any reason, we reserve the right to immediately discontinue our Services to you. Transactions will be reflected on your credit or debit card statements under the name “GoTalent.” You also agree not to initiate any chargebacks with your credit or debit card company regarding the Featured Fees outlined in these Terms. In the event that you do so, we retain the right to terminate your access to our Services, and you commit to reimbursing us for all expenses incurred in addressing such chargebacks, which may include, but are not limited to, actual costs remitted to the credit or debit card company, encompassing chargeback fees, and the value of our employees’ time dedicated to addressing the matter, as reasonably determined by us in good faith.

31. Subscription Renewal:
If you opt for a monthly subscription to a GoTalent service, your subscription will automatically extend indefinitely until you decide to cancel it. Following your initial payment for the monthly Featured Artist membership fee, your subscription will automatically renew on a monthly basis at the agreed-upon price from your original subscription signup. You acknowledge and consent to the automatic renewal feature for your monthly membership. If you wish to discontinue automatic renewal or modify or terminate your service subscription, please access your account and follow the cancellation procedure. When you cancel a service subscription, you may continue to use it until the conclusion of your ongoing subscription term, after which it will not renew. However, you will not be entitled to a prorated refund for any portion of the Get Featured Fee that you have paid for the current subscription period. By registering as a featured artist and selecting a monthly membership, you provide us with authorization to charge your credit card or debit card at the commencement of each renewal subscription period. In the event of non-payment upon the renewal of your monthly membership, you agree that we may choose to either terminate or suspend your access to the Services, or revert your account to a free Artist account, thereby forfeiting any applicable features or benefits associated with a paid “Get Featured” Membership. Additionally, you have the option to prepay for a one-year service subscription, which will also renew automatically.

32. Handling Deposits and Gig Payments :

Every member or user providing services showcased on the GoTalent platform, referred to as a “Supplier,” hereby designates GoTalent as its representative for receiving deposits, balances, or other payments permitted through the GoTalent Services, individually termed as a “Payment.” In cases where a user, not functioning as a Supplier, intends to make a payment to a Supplier for their services, known as a “Purchaser,” through the GoTalent platform, GoTalent has the option, but not the obligation, to accept such Payment as an agent acting on behalf of the Supplier. Once GoTalent receives any Payment, the Supplier to whom the Payment pertains releases the Purchaser from any liability related to the Payment, regardless of whether or when GoTalent disburses the Payment to the Supplier. The Purchaser is considered a third-party beneficiary of this release by the Supplier. Upon receiving Payments on behalf of Suppliers, GoTalent will settle the amounts owed to Suppliers after deducting all disclosed GoTalent Fees associated with the Services and accounting for any chargebacks, reversals, or returns initiated by the Purchaser. GoTalent retains the right to refund a Payment to a Purchaser at its discretion. Additionally, GoTalent may issue a receipt in the name of the Supplier for each Payment, which the Supplier is obligated to honour.

33. Refund Policy:

All purchases are considered final and are non-refundable, unless we explicitly agree to different terms.

34. Ownership of Content:

Unless indicated otherwise, all copyrighted materials, trademarks, service marks, trade dress, and other intellectual properties featured in texts, articles, images, illustrations, designs, icons, photographs, videos, sound clips, or any other materials within the GoTalent platform (collectively referred to as “Contents”) are either owned, licensed, used with permission, or lawfully utilized by GoTalent. The entirety of the GoTalent platform is protected by copyright, trademark, trade dress, and other proprietary rights, with all worldwide rights, titles, and interests owned and controlled by GoTalent. Unless explicitly stated, the utilization of a third party’s trademark or trade name within our platform does not imply any connection with or endorsement by GoTalent of that third party or its products or services. GoTalent explicitly disclaims any such association or endorsement.

35. Website and Service Usage Rights:

 In accordance with these Terms and solely to the extent explicitly allowed by the features of the GoTalent website and services, you are granted a restricted, non-exclusive, revocable, non-assignable, and non-transferable privilege to utilize the website and services and to engage with the provided content. You recognize that, except in cases where specific services permit or facilitate commercial activities, the website and its content are intended solely for your personal and non-commercial use. With the exception of what is expressly authorized by these Terms, you understand that (i) none of the content, apart from your own submissions, can be altered, copied, distributed, framed, replicated, republished, downloaded, displayed, posted, transmitted, sold, or employed in any manner, wholly or partially, and (ii) nothing in these Terms should be construed as conferring any license or right to use any content, including trademarks, service marks, logos, slogans, or taglines belonging to us or third parties, or any software or code linked to the GoTalent website, app, or other services.

36. Submission Licensing:

Regarding any content, including but not limited to posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical compositions, sound recordings, sound clips, media files, or any other information or materials that you submit to GoTalent for publication on your Artist Profile (collectively referred to as “Submissions”), you retain ownership of such Submissions, or you possess the necessary rights from licensors to grant the following license. You hereby grant GoTalent, its affiliates, and licensees an unconditional and irrevocable non-exclusive worldwide license that is transferable and royalty-free. This license allows GoTalent to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use the Submissions in any and all media, whether currently known or developed in the future. This usage is exclusively for the purpose of providing the Services and/or creating advertisements or promotional materials for the Services.

If you are associated with a performance rights organization (“PRO”) concerning your public performance rights, such as BMI, ASCAP, SESAC, or GMR, you may be restricted from granting identical rights to GoTalent. Alternatively, granting public performance rights to GoTalent could hinder a PRO from collecting royalties on your behalf. In specific cases, a PRO may demand that you notify them when granting public performance rights to another entity. If your agreement with a PRO includes such a provision, you are solely responsible for providing the necessary notice to the PRO. Please understand that no fees or payments of any nature shall be owed to any PRO or music publisher for the utilization of your User Content as authorized by these Terms. GoTalent is under no obligation to remunerate you or any other party for any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, in relation to the distribution, public performance, or other use of your Submissions as permitted by these Terms. The licenses and rights granted to GoTalent as described herein will persist even if you remove your Submissions from the Services, terminate your account or usage of the Services, or if these Terms are otherwise terminated, except in the event that you provide written notice of such license(s) termination to us. In that case, the specified license(s) will expire, and we will cease using the mentioned Submissions within thirty (30) days.

You affirm, warrant, and agree that:

· You possess or control all necessary rights in and to the Submissions required for their use on GoTalent.

· You have full rights and authority to grant the rights, licenses, and permissions as outlined in these Terms.

· All Submissions you submit through the Services neither violate nor will violate the rights of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights.

· To the extent that you lack ownership of any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content within your Submissions, it is your responsibility to obtain all requisite permissions, clearances, licenses, or other authorizations and agreements. You must also directly pay any third-party fees and royalties that may be necessary, including, but not limited to, those related to artists, band members, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other individuals involved in creating your Submissions. This includes payments related to mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments required by collective bargaining agreements or statutory schemes, or any other royalties, fees, and sums due for your Submissions. Upon request, you must provide confirmation of such authorizations and payments to GoTalent.

37. Disclaimer Of All Warranties:
The content and information provided within the GoTalent Services are offered on an “AS-IS” basis, without any warranties, either expressed or implied. These include but are not limited to warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or fitness for a particular purpose. Furthermore, we expressly state that we make no representations or warranties, and assume no liability or responsibility for: (i) the quality or availability of any postings made by you or other users of the Services; (ii) the occurrence of scheduled events or engagements; (iii) the appearance of individuals or acts contacted through the Services at events or engagements; (iv) your or any other user’s ability to conduct transactions with other users of the Services; (v) the details of any transactions you may engage in with other users of the Services; (vi) the quality of listings or other information offered by you or any other user of the Services; (vii) the financial condition of you or any other user of the Services; or (viii) compliance with local, state, and federal laws by you or any other user of the Services. Users who access the Services from such locations do so at their own discretion and are responsible for adhering to all applicable local laws.

38. Limitation Of Liability:

Neither GoTalent nor any individual or entity affiliated or involved in the creation, production, hosting, maintenance, or delivery of the Services shall bear responsibility for any direct, incidental, consequential, special, indirect, or punitive damages that may arise from your use or the use of the Services by any other party. In the event of any breach or alleged breach of these Terms by us, your sole recourse is limited to discontinuing your use of the Site and App and terminating your involvement in any Services. To the fullest extent permitted by applicable law, GoTalent shall not assume liability or accountability for any errors, omissions, or inaccuracies in the content presented within the Services or in information transmitted through the Services. Any costs incurred due to damage at the venue where the artist performs will be fully borne by the artists, unless proven otherwise.

39. Assumption Of Risk:

Your utilization of the Services is entirely at your own risk. It is essential to independently assess the users of the Services before engaging in any transactions with them. Under no circumstances shall we or any other party involved in the creation, production, or delivery of the Services be held responsible for any financial or other obligations that may arise between you and other users of the Services. You acknowledge the potential presence of computer viruses in documents and content accessible through the Services, and you expressly assume this risk. If you choose to download any such materials from the Services, it is your responsibility to undertake any necessary virus scans or other preventive measures as you see fit. We bear no responsibility for any loss or damage caused by materials downloaded from the Services. You are entirely responsible for all expenses associated with servicing or repairing any equipment you employ in connection with your use of the Services.

40. Waiver And Release:

Through your use of our Services, you are hereby relinquishing any rights to seek redress, under any legal theory, that you might possess against GoTalent, along with its parent companies, subsidiaries, and affiliated entities. Furthermore, you are discharging GoTalent from any claims, legal actions, or demands arising from your utilization of the Services or the services provided by GoTalent.

41. Indemnification:

By using the Services, you commit to indemnifying, protecting, safeguarding, and absolving GoTalent, along with its members, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively referred to as our “Related Parties”), from any losses, claims, judgments, damages, demands, costs, or expenses (including reasonable attorneys’ fees and costs) arising from or connected to: (i) your utilization of the Services; (ii) any violation or breach of these Terms by you; (iii) any infringement or breach by you of any representation or warranty contained herein; and/or (iv) any infringement of the rights of any third party by you. You concur, without limitations, to reimburse us and our Related Parties upon request for any payments made to resolve any liability or claim that falls under the scope of indemnification as outlined in this Section 25. We will promptly inform you of any such claim, and you may take charge of the defense of such claim with legal counsel subject to our reasonable approval, provided that you secure and post a suitable bond for our benefit. We reserve the right in all cases to participate in the defense of such claims. In the event of a claim, we retain the right to withhold payment of any sums owed to you to an extent reasonably related to the claim and potential expenses.

42. Applicable Law:

These Terms and the provision of Services by GoTalent to you shall be governed by and interpreted in accordance with the laws of the DIFC courts of law in the UAE, without regard to its conflict of law principles. Concerning matters related to copyrights, trademarks, and patents, it shall be governed by the DIFC courts of law in the UAE.

43. Exclusive Jurisdiction:

You and GoTalent also mutually consent that any dispute, claim, or action concerning the interpretation or enforcement of these Terms, or in any way connected to your use of the Services or the provision of Services by GoTalent, shall be exclusively filed in the DIFC courts of the UAE. You commit to subjecting yourself to the personal jurisdiction of these courts for the purpose of litigating any such claim(s).

44. Enforcement Costs:

In the event that either of us retains an attorney or attorneys to uphold any provision(s) within these Terms, the party that does not prevail in any final judgment agrees to cover the reasonable expenses of the prevailing party, including attorneys’ fees and expenses, incurred in relation to such enforcement action and efforts. These expenses shall be determined by a court with the appropriate jurisdiction.

45. Downloading App from App Providers:
When you download our App from a third-party app store (referred to as the “App Provider”), you recognize and agree that:

· These Terms constitute an agreement exclusively between you and GoTalent, not with the App Provider. In the relationship between GoTalent and the App Provider, GoTalent holds sole responsibility for the App and the Services provided through it.

· The App Provider is under no obligation to provide maintenance and support services for the App.

· In the event that the App fails to meet any applicable warranty, (i) you may notify the App Provider, and they may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent allowed by applicable law, the App Provider bears no further warranty responsibility concerning the applications, and (iii) any other claims, losses, liabilities, damages, costs, or expenses arising from a failure to conform to any warranty will be the responsibility of GoTalent as the App Provider.

· The App Provider is not responsible for addressing any claims you may have regarding the App, the Services, or your possession and use of the App.

· If a third party alleges that an application infringes on their intellectual property rights, GoTalent will be responsible for investigating, defending, settling, and discharging any such intellectual property infringement claim to the extent required by these Terms, as the responsibility lies between GoTalent and the App Provider.

· The App Provider and any of its subsidiaries are considered third-party beneficiaries of these Terms concerning your App license. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted this right) to enforce these Terms related to your App license against you as a third-party beneficiary.

· You must also adhere to all relevant third-party terms of service while using the applications.

46. License to Download and Use the App:
Conditional upon your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use our App. This license permits the use of the App, downloaded directly from a legitimate marketplace, solely in object code format, and exclusively for your personal use for lawful purposes. In regard to any open source or third-party code that may be integrated into the applications, such code is governed by the applicable open source or third-party license EULA, if any, which authorizes the usage of such code. All rights in the App that are not expressly granted to you by these Terms are reserved by us.

47. Upgrades:

The App may automatically download and install upgrades, updates, and additional features to enhance, improve, and further develop the App and our Services.

48. Devices and Communication Costs:

To download, use, or access our App, you must have a compatible “smart” device. We cannot assure or guarantee that the App will be compatible with or accessible on your particular device. Regular messaging, data, and other rates and fees charged by your telecommunications provider will continue to apply. You acknowledge that you are responsible for any expenses related to sending or receiving data and communications through your device.

49. Getting in Touch:

Should you have any feedback, inquiries, worries, or remarks regarding any aspect of our Services, please reach out to us. Please ensure that any email you send includes your complete name, email address, postal address, and your message.

50. Changes to the Services:

We reserve the right to enhance or make alterations to the Services, including the information and services provided through them, without prior notice to you. We may introduce, remove, reposition, or amend some or all of the Services at our discretion.

51. Rights Transfer and Assignment:

There may come a time when GoTalent considers transferring or assigning its rights in the Services to a third party, whether due to a merger, acquisition, asset sale, reorganization, or any other reason. In such a scenario, you consent to GoTalent transferring or assigning all its rights and responsibilities related to you, including those pertaining to your Personally Identifiable Information, under the condition that this third party agrees to adhere to a privacy policy that is at least as protective as GoTalent’s then-current Privacy Policy.

52. Nature of Relationship:

You acknowledge that these Terms and your use of the Services do not establish any joint venture, partnership, employment, or agency relationship between you and GoTalent.

53. Severability Clause:

If any provision within these Terms is deemed invalid, such invalidity shall not impact or undermine the validity and enforceability of the remaining provisions. In such a situation, the unaffected provisions shall remain fully enforceable as though the invalid provision was never a part of these Terms.

54. Headings:

The headings used in this agreement are for convenience only and do not define, limit, describe, or otherwise alter the scope or interpretation of this Agreement in any way.

55. Entire Agreement, Amendments, and Waiver:

These Terms constitute the entire agreement between you and GoTalent regarding your use of the Services, and they supplant all previous agreements regarding the same subject matter. Failure on our part to enforce any of our rights as outlined in these Terms does not constitute a waiver of those rights. Any modifications to or waivers of these Terms must be made in writing and signed or posted within the Services by GoTalent to be considered valid and enforceable.