Terms & Conditions of Talent Collective Global Limited (a company incorporated in Scotland, Company Number SC822100), with its registered office at Hudson House, 8 Albany Street, Edinburgh, UK, EH1 3QB, for the Supply of the Services of Talent, or Talent by an Agent, to a Hirer.
Last Updated: January 2025
1.1Key terms used. In these terms whenever the following words and phrases appear, they will have the following meaning, unless the context requires otherwise:
1.2What these terms cover. These are the terms and conditions which will govern your relationship and any Agreement with us. TCG is able and willing to Introduce Hirers to the Talent/Agent seeking to engage the Services via the Website and the App, and can make the Services of the Talent available to such Hirers for engagement. You wish to be introduced to such Hirers via the Website and the App on behalf of the Talent and on the basis of these terms and conditions and TCG is willing to introduce such Hirers via the Website and the App to you on these terms and conditions.
1.3Why you should read them. Please read these terms carefully before you enter into any Agreement with us. These terms tell you who we are, how we will Introduce the Hirers to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1How to contact us. You can contact us via the Website or App.
2.2How we may contact you. If we have to contact you, we will do so by emailing you at the email address you provided to us when you signed up for the App.
2.3"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1These terms set out the entire agreement between the Talent/Agent and TCG for Introducer Services.
3.2The Talent/Agent appoints TCG on a non-exclusive basis to identify suitable Hirers via the Website and App and to make Introductions of such Hirers to the Talent/Agent and the Services to such Hirers pursuant to the Agreement. The Talent/Agent acknowledges that the nature of the Introducer Services means that there may be periods when no suitable work is made available to the Talent by Hirers and TCG shall incur no liability to the Agent or the Talent in respect of such periods.
3.3TCG will discharge its obligations and responsibilities in respect of the provision of the Introducer Services in terms of any Agreement entered into between TCG and Talent/Agent with reasonable care and skill.
3.4TCG shall have no authority, and shall not hold itself out, or permit any person to hold itself out, or otherwise create the impression that it is authorised to bind the Hirers, Talent or Agent in any way, and shall not do any act which might reasonably create the impression that TCG is so authorised.
3.5TCG shall not make or enter into any contracts or commitments or incur any liability for or on behalf of the Hirers, the Talent or the Agent, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with the Hirer, the Talent or the Agent.
3.6On the written request of the Talent, Agent or Hirers, TCG shall disclose to any third party that it is an Introducer and has no power, authority or ability to bind, negotiate or vary the Services or the terms of the Services or enter into any contract on behalf of the Hirer, the Talent or the Agent.
3.7TCG shall not make or give any representations, warranties or other promises to any third party concerning the Services.
4.1The Agreement between TCG and Talent/Agent commences when Talent or Agent accesses the Website or App and registers for TCG’s Introducer Services by submitting a contact email address.
5.1The Talent/Agent shall be under no obligation to follow up any Introduction of any Hirer made by TCG via the Website or App or to enter into any Relevant Contract.
5.2If the Talent/Agent does enter into a Relevant Contract with a Hirer, the Talent will / the Agent undertakes to procure that the Talent will:
(a)Co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
(b)Observe any relevant rules and regulations of the Hirer’s organisation (including hours of work) of which the Talent has been informed or of which the Talent should be reasonably aware;
(c)Take all reasonable steps to safeguard the health and safety of the Talent and that of any other person who may be present or affected by their actions and comply with the health and safety polices of the Hirer; and
(d)Not engage in any conduct detrimental to the interests of the Hirer.
5.3Each party shall at its own expense comply with all laws and regulations relating to its activities under the Agreement entered into between TCG and Talent/Agent, as they may change from time to time, and with any conditions binding on it in any applicable licences, registrations, permits and approvals.
5.4The Talent/Agent shall provide the following details to TCG:
(a)The date on which the Hirer intends the Talent to commence work and the duration, or likely duration, of the work;
(b)The date on which the Talent intends to enter into a Relevant Contract with the Hirer;
(c)The position which the Talent will fill, including the type of work the Talent in that position would be required to do, the location at which, and the hours during which, the Talent would be required to work, and any risk to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks;
(d)The experience, training, qualifications and any authorisation which the Hirer considers are necessary or which are required by law, or by any professional body, for the Talent to possess in order to work in the position; and
(e)Any expenses payable by or to the Talent.
5.5The Talent/Agent warrants that:
(a)The information supplied to TCG via the Website or App in relation to the Services is correct and accurate;
(b)The Talent has the experience, training, qualifications and any authorisation which the Hirer considers necessary or which are required by law or by any professional body for the Talent to possess in order to perform the Services;
(c)The Talent is not prevented by any other agreement, arrangement, restriction or any other reason, from fulfilling the Services or the Talent’s obligations under any Relevant Contract; and
(d)The Talent has valid and subsisting leave to enter and remain in the United Kingdom for the duration of the Agreement, will continue to do so for the duration and period of any Relevant Contract and is not subject to any conditions which may preclude or have an adverse effect on the provision of the Services.
6.1The Hirer, TCG, the Talent and the Agent shall each comply with TCG’s equal opportunities policy (“EOP”), privacy policy (“PP”) and general data protection regulation data transfer agreement (“GDPRDTA”) in relation to the hiring of the Services of the Talent by the Hirer.
6.2For the avoidance of doubt, neither the EOP, PP nor GDPRDTA are contractually incorporated into the Agreement entered into between TCG and Talent/Agent.
7.1Nothing in the Agreement entered into between TCG and Talent/Agent shall limit or exclude the liability of either party for:
(a)Death or personal injury caused by its negligence;
(b)Fraud or fraudulent misrepresentation;
(c)Any matter in respect of which it would be unlawful to exclude or restrict liability.
7.2Both parties shall under no circumstances whatever be liable to the other, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for:
(a)Any loss of profit, sales, revenue, or business;
(b)Loss of anticipated savings;
(c)Loss of or damage to goodwill;
(d)Loss of agreements or contracts;
(e)Loss of use or corruption of software, data or information;
(f)Any loss arising out of the lawful termination of the Agreement; or
(g)Any loss that is an indirect or secondary consequence of any act or omission of the party in question.
7.3The total liability of either party to the other in respect of all other loss or damage arising under or in connection with the Agreement entered into between TCG and Talent/Agent whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the fee paid by the Hirer to TCG.
8.1Nothing in the Agreement entered into between TCG and the Talent/Agent is intended to, or shall be deemed to, constitute TCG as an Employment Business within the meaning of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319) or as a Temporary Work Agency within the meaning of Regulation 4(1) of the Agency Worker Regulations 2010 (SI 2010/93) (“AGWR”) on the basis of the terms of Regulation 4(2) of the AGWR. Nothing in the Agreement entered into between TCG and the Talent is intended to, or shall be deemed to constitute the Talent as an Agency Worker within the meaning of Regulation 3(1) of the AGWR.
8.2For the avoidance of doubt, any Agreement is entered into between TCG and the Talent/Agent as a contract for services and not as a contract of employment or worker contract (within the meaning of section 230(1), (2) and (3) of the Employment Rights Act 1996) and it is hereby agreed that any Relevant Contract entered into between the Talent/Agent and a Hirer is a contract for services and not a contract of employment or worker contract (within the meaning of section 230(1), (2) and (3) of the Employment Rights Act 1996).
8.3Nothing in the Agreement entered into between TCG and Talent/Agent is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party as the agent of the other or another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
8.4Each party confirms that it is acting on its own behalf and not for the benefit of any other person.
8.5TCG gives no warranty to the Talent/Agent in respect of the suitability, fitness for purpose or quality of the Hirer.
9.1Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, Hirers or suppliers of the other party, except as permitted by clause 9.2.
9.2Each party may disclose the other party’s confidential information:
(a)to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Agreement entered into between TCG and Talent/Agent. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 9; and
(b)as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.3No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Agreement entered into between TCG and Talent/Agent.
10.1Without affecting any right or remedy available to it, either party may terminate the Agreement entered into between TCG and Talent/Agent with immediate effect by giving seven calendar days’ prior written notice to the other party.
10.2Any provision of the Agreement entered into between TCG and Talent/Agent that expressly or by implication is intended to come into or continue in force on or after termination or expiry of such Agreement, shall remain in full force and effect.
11.1No variation of these Terms or any Agreement entered into between TCG and Talent/Agent shall be effective unless it is in writing and signed by the parties.
11.2A waiver of any right or remedy is only effective if given in writing and any delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy;
11.3TCG may transfer the Agreement entered into between TCG and Talent/Agent to someone else, including its rights and obligations under these terms to another organisation.
11.4The Talent/Agent may only transfer its rights or obligations under these terms and the Agreement entered into between TCG and Talent/Agent to another person with our written consent. Nobody else has any rights under such Agreement (except someone you pass your guarantee on to). Such Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
11.5If a court finds part of the Agreement entered into between TCG and Talent/Agent to be invalid, illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6These terms and the Agreement entered into between TCG and Talent/Agent constitute the entire agreement between the parties and each party acknowledges that in entering into this Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it has no claim for innocent or negligent misrepresentation (or negligent misstatement) based on any statement in this Agreement.
These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of Scotland and each party irrevocably agrees that the Scottish courts shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or the Agreement entered into between TCG and Talent or Agent or its subject matter or formation.
13.1Purpose. Talent Collective Global Limited’s Equal Opportunities Statement is designed to ensure the integration of equality into our day-to-day working practices. Our statement should be a guiding light for all activities at Talent Collective Global Limited.
Our statement should empower everyone working with Talent Collective Global Limited, regardless of involvement, to:
13.2Our commitment. Talent Collective Global Limited is committed to providing the very best service to users, clients and companies involved with our work as well as our staff and volunteers. We value the diversity and creative potential that people from different backgrounds and with different skills and abilities bring to the workplace.
Barriers to assessment, e.g. physical/sensory, impairment, English as a second language or learning difficulties will be removed, provided this does not give an unfair advantage over other candidates.
We will do our very best to:
13.3Responsibility. The Directors: Murray Grant, Drew Gowland and Krzysztof Kopczynski, as directors of Talent Collective Global Limited, accept the responsibility of ensuring that we, as an organisation, do our best to ensure we always act with responsibility and with equality as a prime concern.