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Updated: 18/05/2023

These Terms and Conditions (“Agreement”) govern your use of the services provided by Everything East Lothian (“Company”) through its website and mobile application (“Platform”). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree with any provision of this Agreement, you must not use the Platform.

  1. Definitions

a. “Platform” refers to the website and mobile application operated by the Company, which offers app and website development services. b. “User” refers to any individual or entity that accesses or uses the Platform. c. “Developer” refers to any User who offers app and website development services through the Platform. d. “Client” refers to any User who engages the services of a Developer through the Platform.

  1. Eligibility

a. Users must be at least 12 years of age to use the Platform. b. By using the Platform, you represent and warrant that you have the legal capacity to enter into this Agreement.

  1. Registration and Account

a. Users may be required to register and create an account to access certain features of the Platform. b. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. c. Users must provide accurate and complete information during the registration process. d. The Company reserves the right to suspend or terminate any account that violates this Agreement or for any other reason determined at the Company’s sole discretion.

  1. Platform Usage

a. The Platform enables Clients to find Developers and engage their services for app and website development projects. b. Developers are solely responsible for the quality and delivery of their services to Clients. c. The Company does not guarantee the availability of Developers or the success of any project. d. Clients and Developers are solely responsible for any communication, negotiation, and agreement regarding project scope, terms, and compensation. e. Users must not use the Platform for any illegal or unauthorized purpose, and shall comply with all applicable laws and regulations.

  1. Intellectual Property

a. All content, including text, graphics, logos, and software, on the Platform is the property of the Company and is protected by intellectual property laws. b. Users may not modify, reproduce, distribute, or create derivative works of the Platform’s content without the Company’s prior written consent.

  1. Fees and Payments

a. The Company may charge fees for the use of certain features or services on the Platform. b. Clients and Developers agree to pay all applicable fees as described on the Platform. c. Payments made through the Platform are subject to the Company’s payment terms and may be processed through third-party payment processors. d. The Company reserves the right to change its fee structure and payment terms at any time, upon prior notice to Users.

  1. Disclaimer of Warranty

a. The Platform is provided on an “as is” and “as available” basis without any warranties or representations, expressed or implied. b. The Company does not warrant that the Platform will be error-free, uninterrupted, secure, or free from viruses or other harmful components. c. Users acknowledge and agree that the use of the Platform is at their own risk.

  1. Limitation of Liability

a. To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Platform. b. The Company’s total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid by the User, if any, to the Company for the use of the Platform.

  1. Indemnification

a. Users agree to indemnify and hold the Company, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses arising out of or in connection with their use of the Platform, their violation of this Agreement, or their infringement of any rights of another party.

  1. Modifications to the Agreement

a. The Company reserves the right to modify this Agreement at any time by posting the revised version on the Platform. b. Continued use of the Platform after such modifications constitutes acceptance of the revised Agreement.

  1. Governing Law and Jurisdiction

a. This Agreement shall be governed by and construed in accordance with the laws of Scotland. b. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Scotland.

  1. Entire Agreement

This Agreement constitutes the entire agreement between the User and the Company and supersedes all prior understandings and agreements, whether written or oral, relating to the subject matter herein.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.