General terms and conditions for the use of website Indian Models.com
When registering for website Indianmodelsclub.com, Professionals must accept the following general terms and conditions (the “GTCs”) for using website Indianmodelsclub.com.
“Professionals”: Agents/agencies, photographers, hair and makeup artists, stylists, other industry professionals and spectators visiting or using website Indianmodelsclub.com;
“Models”: Models visiting or using website Indianmodelsclub.com;
“B-Professionals”: Agents/agencies, photographers, hair and makeup artists, stylists and other industry professionals that are registered users on website Indianmodelsclub.com that use the Booking System;
“B-Models”: Models of legal age (18 years old and older) that are subscribed to website Indianmodelsclub.com that use the Booking System;
“GTCs”: General Terms and Conditions for the use of website Indianmodelsclub.com by Models, including Sections A to C.
“GTCs Booking System”: General Terms and Conditions accepted by Models and Professionals for the use of the Booking System.
“Booking System”: Feature on website Indianmodelsclub.com through which registered Professionals are able to book a Model of legal age (18 years old or over) for a certain job;
“Website”: website Indianmodelsclub.com.
1. Subject Matter
1.1 Indianmodelsclub.com offers Professionals a platform for their global scouting and hiring of male and female models who have posted their photo books and profiles on website Indianmodelsclub.com (the “Models”) and provides Professionals with access thereto pursuant to these GTCs. Furthermore, Professionals may use the website Indianmodelsclub.com to upload photos of and promote their models.
1.2 The Professionals may start using the services of website Indianmodelsclub.com, if and when website Indianmodelsclub.com has confirmed their right to do so. The right to use website Indianmodelsclub.com may be obtained by invitation or upon specific request.
1.3 The Professional acknowledges and agrees that it is technically impossible to achieve 100% availability of website Indianmodelsclub.com. website Indianmodelsclub.com shall nonetheless endeavor to keep website Indianmodelsclub.com available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond website Indianmodelsclub.com control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on website Indianmodelsclub.com.
1.4 Website Indianmodelsclub.com provides Professionals with a platform where they can establish contacts with Models, other agencies, photographers or other users, provided that such users have agreed to be contacted and set their account accordingly. website Indianmodelsclub.com does not take part in any communication between Professionals and Models and/or other users of its services. If Professionals and Models and/or other users enter into agreements with one another via website Indianmodelsclub.com , website Indianmodelsclub.com shall not be a contracting party to these agreements. Only the Professionals and the Models and/or other users are responsible for the execution and/or fulfillment of agreements in which they enter with one another and website Indianmodelsclub.com shall not be liable for breaches of such agreements. website Indianmodelsclub.com shall not be held liable if Professionals and Models and/or other users are unable to contact one another over website Indianmodelsclub.com regarding such agreements.
2. Registration, and Representations and Warranties upon Registration
2.1 Professionals must register prior to using the “Premium Services for Professionals” of website Indianmodelsclub.com.
2.2 The Professional represents and warrants that all of the data provided for registration are accurate and complete. The Professional shall report any changes in the registration data to website Indianmodelsclub.com without undue delay.
2.3 The Professional shall choose a password upon registration, which is needed in order to access his/her account on the website Indianmodelsclub.com. The Professional is obliged to keep this password secret. website Indianmodelsclub.com shall not disclose the password to any third party and website Indianmodelsclub.com employees shall not ask for the Professional’s password at any time. The Professional shall notify website Indianmodelsclub.com immediately of any unauthorized use of the Professional’s password or account.
2.4 By completing the registration process, the Professional accepts these GTCs on the use of the services of website Indianmodelsclub.com.
3. Obligations of the Professional; Consent to Disclosure of Professional’s Name
3.1 The Professional is obliged to provide only true and non-misleading statements in its communications with Models and shall, at all times and in all dealings and communications with Models, comply with applicable law.
3.2 The Professional agrees that website Indianmodelsclub.com may use the Professional’s name and brand as a customer reference and may publicly disclose and advertise the fact that the Professional is using website Indianmodelsclub.com.
4. Changes to the Services on website Indianmodelsclub.com.
website Indianmodelsclub.com reserves the right to modify the services offered on website Indianmodelsclub.com and/or to offer services different from those offered at the time of the registration of the Professional at any time, unless this is unreasonable for the Professional.
5. Termination of Subscription
5.1 The Professional may terminate his/her subscription to website Indianmodelsclub.com at any time without cause. The Professional may notify the termination to website Indianmodelsclub.com by email at any time. The termination notice shall include the Professional’s registered name and e-mail address. The subscription to website Indianmodelsclub.com shall terminate automatically in case the Professional does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “fees”.
5.2 During any term for which a Professional has paid the applicable subscription fee, website Indianmodelsclub.com may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for website Indianmodelsclub.com to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of website Indianmodelsclub.com against those of the Professional and includes, among others, any the following events:
- If the Professional fails to comply with any applicable legal provisions;
- If the Professional breaches a material contractual obligation set forth in these GTCs;
- If the Professional causes harm to any other user(s) of website Indianmodelsclub.com;
- Professional is involved in any immoral activity.
5.3 In the following cases, the Professional shall not be entitled to claim reimbursement of any subscription fees paid:
- If website Indianmodelsclub.com has terminated the contract for good cause pursuant to section 5.2;
- If the Professional has terminated the agreement. However, the Professional’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Professional has terminated the agreement for a good cause attributable to the website Indianmodelsclub.com.
6. Responsibility for the Content, Data or other Information
6.1 website Indianmodelsclub.com does not make any warranties or representations regarding any data and/or information provided or made available by any user on MODEL-MANAGEMENT.COM. In particular, website Indianmodelsclub.com does not warrant or represent that said data and/or information is true or accurate.
6.2 The Professional shall report any activities of any other user which violate applicable laws and/or any of the terms and conditions using the contact form available on Indianmodelsclub.com or contact [email protected]
7. Customer Service/Support
Queries regarding the agreement with website Indianmodelsclub.com or regarding website Indianmodelsclub.com services may be sent to website Indianmodelsclub.com using the contact form available at all times on website Indianmodelsclub.com.
8. Liability of website Indianmodelsclub.com
Website Indianmodelsclub.com (including its vicarious agents) shall only be liable for damages incurred by the Professional as a consequence of breaches of material obligations of website Indianmodelsclub.com pursuant to these GTCs.
9.1 The Professional shall indemnify and hold website Indianmodelsclub.com harmless from and against all actions, including damage claims, asserted by Models, other users or third parties against website Indianmodelsclub.com resulting from an infringement of their rights by the Professional. The Professional assumes all reasonable costs Indianmodelsclub.com incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of website Indianmodelsclub.com, including the right to claim damages, shall remain unaffected.
10. Data Protection
Website Indianmodelsclub.com recognizes that any personal data provided by the Professional to website Indianmodelsclub.com is extremely important to the Professional, and website Indianmodelsclub.com shall therefore be particularly sensitive in handling such data. Website Indianmodelsclub.com shall comply with all applicable legal provisions regarding data protection. In particular, website Indianmodelsclub.com shall not provide or otherwise disclose any personal data of the Professional to any third party without authorization. Details on website Indianmodelsclub.com’s treatment of personal data are set forth in the Data Protection Policy .
11. Feedback, Reputation and reviews
Professionals accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to website Indianmodelsclub.com. Professionals acknowledge that they cannot use this feedback without prior written permission of website Indianmodelsclub.com.
Professionals are responsible for paying their own taxes. Legal VAT, according to the Law of Spain, will be added to fees billed to Professionals, if applicable.
Professionals accepting the GTCs for using website Indianmodelsclub.com declare that they fully and perfectly understand the content of the English version of these GTCs.
14.1 Any amendments to these GTCs must be made in writing in order to be valid.
14.2 Website Indianmodelsclub.com reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Professional. Website Indianmodelsclub.com shall give due notice of any amendments of these GTCs to the Professional. If the Professional does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Professional. Website Indianmodelsclub.com shall inform the Professional about the Professional’s right to object and of the relevance of the objection deadline in said notice.
14.3 Unless otherwise stated in these GTCs, the Professional may submit all notices to website Indianmodelsclub.com using the contact form provided on website Indianmodelsclub.com or by sending an e-mail to [email protected] 14.4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. Any invalid and/or unenforceable provision shall be replaced with a valid and/or enforceable provision which comes as close as possible to the intent and economic effect of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.
C. BOOKING SYSTEM OF website Indianmodelsclub.com
The Booking System is a feature on website Indianmodelsclub.com through which registered Professionals (herein after “B-Professionals”) are able to book subscribed Models of legal age (herein after “B-Models”) for a certain job. B-Models and B-Professionals accept the following General Terms and Conditions for using the Booking System of website Indianmodelsclub.com.
1. General Terms and Conditions for the use of website Indianmodelsclub.com
These General Terms and Conditions for the use of the Booking System (herein after “GTCs Booking System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Booking System (Section C).
2. Use of the Booking System
2.1 B-Professionals shall make an offer to book a B-Model through the Booking System. To this end, B-Professionals must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete B-Model through Indianmodelsclub.com. This form is available on the Website.
2.2 If the B-Model and the B-Professional reach an agreement for the specific terms and conditions for the job, including the fees, the B-Professional is obliged to pay through Indianmodelsclub.com.
The Fee agreed between the B-Professional and the B-Model;
Plus a 10% of the Fee, corresponding to a commission for Indianmodelsclub.com;
Plus the legal VAT, according to the Law of Spain, on the commission, if applicable. Value Added Taxes are charged to EU residents unless the Professional provides to Indianmodelsclub.com a valid VAT number.
Herein after the “Total Price”.
2.3 The commission earned by Indianmodelsclub.com is for:
creating, hosting, maintaining, and providing its Website;
the delivered services that Indianmodelsclub.com makes accessible through its Website;
and to cover expenses and fees that Indianmodelsclub.com incurs to banks, credit card companies, PayPal and payment processors.
3. Method and conditions of payment
3.1 The currency of the Agreed Fee is agreed between the B-Professional and the B-Model, limited to USD, EUR or GBP. The Total Price is charged in the same currency.
3.2 The payment of the Total Price by the B-Professional must be made by PayPal or credit card through the mechanisms available on the Booking System of Indianmodelsclub.com. No additional fees are charged to B-Professionals by Indianmodelsclub.com for the use of payment processors.
3.3 Indianmodelsclub.com takes and holds the money paid through the Booking System and only releases it 48 hours after the agreed end date between the B-Professional and the B-Model for completing the job, herein after the “Agreed Date”.
Of the Total Price paid by the B-Professional, Indianmodelsclub.com deducts the commission, which covers the expenses and fees that Indianmodelsclub.com incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the B-Model no later than 48 hours after the Agreed Date.
If Indianmodelsclub.com is informed by the B-Model or by the B-Professional of a dispute between them regarding the job completion or if there are technical problems, Indianmodelsclub.com will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the B-Model and the B-Professional, or the technical problems are not solved within 1 month after the Agreed Date, Indianmodelsclub.com will charge the Total Price 1 month after the Agreed Date and transfer to the B-Model the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the B-Model and the B-Professional will have to be solved judicially and extra-judicially with no intervention of Indianmodelsclub.com.
3.5 Indianmodelsclub.com may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the B-Professional will have to pay the owed amount to website Indianmodelsclub.com. 3.6 B-Professionals agree not to make any chargebacks or reverse any payment made by them to Indianmodelsclub.com.
B-Professionals acknowledge and agree that Indianmodelsclub.com will be entitled to recover any chargebacks or reversed payment that may be imposed on funds paid to Indianmodelsclub.com through the Website.
4. Cancellations and refunds
4.1 B-Models may cancel the booking at any time within the booking date and the Agreed Date. If the B-Model cancels the booking, the Total Price paid by the B-Professional to website Indianmodelsclub.com is refunded to the B-Professional no later than 14 days after the notification of the cancellation to Indianmodelsclub.com. If the B-Model cancels the booking it is the responsibility of the B-Professional to notify the cancellation to Indianmodelsclub.com no later than 24 hours after the Agreed Date.
4.2 B-Professionals may cancel the booking before the B-Model delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them (herein after the “Start Date”).
If the B-Professional cancels the booking before the B-Model delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: website Indianmodelsclub.com charges the commission of the Clause 2.2 (Section C) and the corresponding legal VAT on the commission, if applicable, and refunds the rest of the Total Price to the B-Professional no later than 14 days after the notification of the cancellation to website Indianmodelsclub.com;
If the B-Professional cancels the booking less than 7 days before the Start Date or later or once the B-Model has delivered to him/her any of the services agreed between them, the Total Price is charged by website Indianmodelsclub.com. Website Indianmodelsclub.com will then follow the procedure stated in Clause 3.4.1 (Section C).
5. Intervention of website Indianmodelsclub.com
5.1 If the B-Professional effectively books a Model through the Booking System, the persons intervening in this process are the Professional, the Model and website Indianmodelsclub.com.
5.2 The intervention of website Indianmodelsclub.com in the transaction is only for the following purposes:
To provide, host and maintain a list of Models on the Website in order to enable the B-Professionals to select Models for the services that they may require;
To supervise that the B-Professional correctly pays the Total Price;
5.3. website Indianmodelsclub.com is only an intermediary. The agreement is reached by the B-Model and the B-Professional without any recommendation of website Indianmodelsclub.com. Website Indianmodelsclub.com does not take any decision on the suitability of a B-Model for a certain job. The only persons responsible of the decision and of the adequacy of the services of a B-Model for a concrete job are the B-Professional and the B-Model.
If any worker of website Indianmodelsclub.com makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including website Indianmodelsclub.com, these will be considered as simple personal opinions, for which MODELMANAGEMNT.COM and/or its workers will not be held responsible.
Website Indianmodelsclub.com is not responsible for the job carried out by the B-Model. B-Professionals and B-Models agree and acknowledge that website Indianmodelsclub.com is not responsible of any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Professional and the B-Model, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.
5.4 B-Models and B-Professional agree and acknowledge that the relationship between them is that of independent contractors.
5.5 B-Agents and B-Models agree and acknowledge that website Indianmodelsclub.com is not responsible for:
any expenses, including travelling and food expenses, incurred by the B-Model or the B-Professional;
the correct completion of the job;
the veracity or accuracy of any document or information given between the B-Model or the B-Professional;
and the use by the B-Models and/or the B-Professional of the information and documents exchanged between them.
5.6 Website Indianmodelsclub.com does not offer any form of insurance since the Website only provides an online venue for B-Professionals to make and offer and buy services of B-Models.
5.7 Depending on the applicable jurisdiction, B-Models and B-Professionals may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.
6. Complaints and Disputes
6.1 B-Professionals can raise any complaints that they may have regarding the completion of the job by the B-Model to website Indianmodelsclub.com up until 24 hours after the Agreed Date.
If website Indianmodelsclub.com receives the complaint within the abovementioned period, the Total Price paid by the B-Professional is held by Indianmodelsclub.com and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to Indianmodelsclub.com and no agreement is reached between the B-Model and the B-Professional regarding the complaint, the Total Price is released by Indianmodelsclub.com. Indianmodelsclub.com will then follow the procedure stated in Clause 3.4 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them;
If Indianmodelsclub.com receives the complaint after the abovementioned period, the Total Price is charged as specified in Clause 3.3 (Section C). Indianmodelsclub.com will then follow the procedure stated in Clause 3.4.1 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them. B-Professionals acknowledge and accept that if the complaint is made after the abovementioned period, the commission of Indianmodelsclub.com will not be refunded in any case.
6.2 When any dispute regarding the agreement reached between the B-Professional and the B-Model through the Booking System arises:
The B-Professional and the B-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including Indianmodelsclub.com.
If the B-Professional and the B-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to Indianmodelsclub.com.
If the B-Professional and the B-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of Indianmodelsclub.com.
6.3 B-Professionals and B-Models agree and acknowledge that Indianmodelsclub.com does not provide legal services or legal advises of any kind.
7. Refund Policy
Refund policy for Indianmodelsclub.com users:
The PROFESSIONAL can request the reimbursement of their payment for a service within the period established by law(7 DAYS).
Refunds on services contracted for a period of time after the said 7 day period, cannot be made.
Refunds on memberships renewals cannot be made.
Refunds can be offered only if the user did not use any of the Premium features, including initiating conversations with any model or professional using messaging feature on Indianmodelsclub.com.
For more information when reimbursement cannot be made please check in the section “5.Termination of Subscription”.