The terms and conditions (‘Terms of Use’) set forth below and the Privacy Policy constitute a legally binding agreement between Mega Models Private Limited (“Mega Models”) and model/aspirant/talent. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the mobile application called ‘Megamodels’ that is conceptualized, developed and hosted by Company along with its corresponding website located at, “ www.megamodels.in" (hereinafter collectively referred to as the “megamodels”) including its classified services, forums, chats, photographs, audition videos, communication functions and internet links (the “Content”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform including those who are contributors of video content, photographs, information, private and public messages and other materials or services on the Platform.
The Platform is currently owned, operated and controlled by Mega Models Private Limited .
DEFINITIONS
“Aspirant” means model/artist/performer/user/aspirant
“Client” means any authorized user utilizing the Site to seek and/or obtain Freelancer Services from another User.
“Freelancer” means any authorized User utilizing the Site to advertise and provide Services to Clients.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction “Substantial Change” means a change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.
“Time Logs” means the report of hours recorded for a stated period by a Freelancer for the Freelancer Services performed for a Client “User Content” means any data, feedback, content, text, photographs, images, video, music, or other information that you post to any part of the Site or provide to Mega Models.
“APP” means any mobile application on Android as well as on IOS.
“Engagement” means an engagement for Freelancer services that a Freelancer provides to a Client under a service Contract on the site.
“Records/Data/Package” means Songs, catchers, photographs, Audio and video of modeling pictures, dossier of documents consisting of Pictures, videos and anyother documents.
“Site” means websites and applications, owned and operated by Mega Models, its predecessors or successors in interest, or its Affiliates.
“Auditions” means an interview for a role or job as a talent , aspirant ,artist, singer, actor, dancer, or musician, consisting of a practical demonstration of the candidate's suitability and skill.
“Picture, Portfolio/Video Profile or Video Portfolio” means an artist's pictures portfolio/video profile or video portfolio or an edited collection of aspirants best picture, artwork, video consisting of any acts intended to showcase an artist's style or method of work, acting used by artists to show employers their versatility, skills by showing different samples of their work.
You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.megamodels.in, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “Site”), all services (except the Freelancer Services), applications and products that are accessible through the Site and all Mega Models mobile applications that link to or reference this Agreement (“Site Services”) whether provided by us or our Affiliates.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF AGREEMENT, INCLUDING THE MANDATORY BINDING ARBITRATION AND IF YOU DO NOT ACCEPT THE TERMS OF AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY. Subject to the conditions set forth herein, Mega Models may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a Substantial Change. If the Substantial Change includes an increase to Fees charged by Mega Models, Mega Models will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).
WHEREAS:
a) Mega Models is in the business of promoting, advertising, models/aspirant brands by offering a platform through its website www.megamodels.in / portal /search engine for the models/aspirants to jumpstart their career in cine, fashion, advertising, film and glamour industry.
b) The party of the second part (in case of minor) represented by the father /mother /guardian of the underage aspirant is desirous to upload portfolio/pictures of the model/aspirant through the website www.megamodels.in of the Mega Models which will help the aspirant to get promoted in various media related field like advertising, film serial and other avenues of cine industry.
c) Mega Models relying on the confirmations, representations and assurances of model/aspirant has accepted in good faith his/her/their request to upload their professional photos/ portfolio on the terms and condition contained herein.
NOW THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:-
1. DIGITAL SIGNATURE
By registering for an Mega Models account on the Site www.megamodels.in or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Agreement Your Account registration constitutes an acknowledgement that you are able to electronically receive, upload data and information, download and print this Agreement, the other Terms of Service, and any amendments.
1.1 ACCOUNT REGISTRATION; PROFILE
By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, If you are a Freelancer, unless you use the Site solely as an employee and Agency Member of a registered Agency Account, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit (unless being a minor).
1.2 IDENTITY VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on Mega Models, if it is a separate legal entity. You authorize Mega Models, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.
2. CONSENT TO USE ELECTRONIC RECORDS/DATA/PACKAGE
In connection with the present terms of Agreement, you may be entitled to receive certain records/data/package from Mega Models or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide this records/data/package to you electronically instead of in paper form or as per the discretion of Mega Models if situation demands otherwise.
2.1 YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records/data/package and notices for the services provided to you under the Terms of Service that we or our Affiliates would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Indian Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records/data/package and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records/data/package and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records/data/package and notices electronically, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services. Any withdrawal of your consent to receive records/data/package and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records/data/package and notices electronically will not apply to records/data/package and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
2.2 KEEPING YOUR ADDRESS AND EMAIL ADDRESS CURRENT WITH US
In order to ensure that we are able to provide records/data/package and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support In addition, so that we may communicate with you electronically or via the Indian Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.
2.3 HARDWARE AND SOFTWARE YOU WILL NEED TO USE THE SITE SERVICES FOR YOUR BUSINESS
To access and retain the records/data/package and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records/data/package and notices in paper form or electronic storage to retain records/data/package and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records/data/package and notices we send to you electronically. By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that you have read and understand the above consent to Upload and download records/data/package and notices electronically; you satisfy the minimum hardware and software requirements specified above; and your consent will remain in effect until you withdraw your consent as specified above.
3. Mega Models ACCOUNTS
3.1 ACCOUNT ELIGIBILITY AND TERMINATION
To use the Site and certain Site Services, you must register for an Account. Mega Models offers the Site and Site Services for your promotion of talents skills, and business purposes only, and not for personal, household, or consumer use. To use the Site and Site Services, you must have, and hereby represent that you have, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) and further represent that you intend to use the Site and Site Services for your promotions as an aspirant/model in entertainment business/ business purposes only, unless you use the Site and Site Services solely as an employee and Agency Member of a registered Agency Account. You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older, minor represented through a legally authorized guardian who can form legally binding contracts. By registering for an Account, by using the Site or Site Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Agreement when prompted on the Site, you agree to: (a) abide by this Agreement and the other Terms of Service; (b) perform your obligations as specified in the present terms of agreement. Mega Models reserves the right, in its sole discretion, to refuse, suspend, delete your information, account or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, defamatory, libellous, or incomplete, or such information or data/package consists of complete nudity, indecent images or pornographic images and pornographic videos or conduct which otherwise violates the Terms of Agreement, or for any other reason or no reason in Mega Models’s sole discretion. The party of second part further accords his/her unconditional consent and undertake for not raising any dispute of whatsoever nature before any forum, Tribunal, Courts, agencies or any statutory body appointed by the state for any reason whatsoever in regards to the business and services of party of First part.
3.2 You represent that you are not a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.
3.3 AGENCY ACCOUNTS - For creating and registering an account through which your in-house, contracted artists, aspirants, models, actors may register through you or through authorized Freelancers, and the Agency may act on their behalf in the roles assigned on their behalf in an account with first party website/app platform (to be known as an “Agency Account”). A Freelancer creates an Agency Account on behalf of a business (the “Agency”), which may be the Freelancer as a sole proprietor or a partnership, corporation, or other legal entity the User controls. The Freelancer that registered the Agency Account may also grant certain account administration privileges for the Agency Account to one or more Agency Members (each, an “Agency Account Administrator”). Except as otherwise required by applicable law, only the User who registered the Agency Account and the Agency Account Administrators can add or remove Agency Members to or from the Agency Account. Each Agency Member must have an Account and a Profile. You understand and agree that the Agency may determine the Profile visibility. Each Agency Member must be a User and must be a real person or legally recognized entity. Each Agency Member’s Account Profile must contain the Agency Member’s real name, and Agency Members must comply with all Terms of Service. Agency Members’ identities will be subject to verification. If any of your Agency Members violate the Terms of Service, it may affect your ability to use the Site. Upon closure of an Agency Account, Mega Models may close any or all related Accounts. You agree to grant access to the Agency Account, including with respect to any Agency Members, only to Users authorized to act on your behalf and only in accordance with the Terms of Service. Additionally, you agree to be fully responsible and liable for any action of any Agency Member and any other User who uses the Agency Account, including Agency Account Administrators. You represent that your Agency Members have the authority to accept the Terms of Agreement on your behalf and to create a legally binding obligation on your behalf. You understand and agree that an Agency Member may accept and enter into Service Contracts on behalf of the Agency, and that the Agency is responsible and liable for all Service Contracts accepted by anyone acting as an Agency Member. Each Agency Member is either an employee or an independent contractor of the Agency, as determined by the Agency. Without limiting the Agency’s obligations, the Agency acknowledges and agrees that it assumes all liability for the classification of its Agency Members as employees or independent contractors.
3.4 USERNAMES AND PASSWORDS When you register for an Account, you will be asked to choose a username and password for the Account. Each User and any Agency Account Administrator will also be asked to choose the initial username and password for any Agency Account that is added to the Account (and can change the password for the Agency Account at any time). You are entirely responsible for safeguarding and maintaining the confidentiality of your Account or Agency Account username and password. You authorize Mega Models to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or Agency Account or any unauthorized access to your password or the password of any User of your Account (or any related Agency Account). You further agree not to use any username, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account or Agency Account at any time.
3.5 MARKET PLACE FEEDBACK - You acknowledge and agree that feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that Mega Models post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, if any, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. You further acknowledge and agree that Mega Models will make feedback results available to other marketplace Users, including composite or compiled feedback. Mega Models provides this feedback system as a means through which Users can share their opinions publicly and Mega Models does not monitor or censor these opinions. You acknowledge and agree that posted composite or compiled feedback relate only to the business advertised in the Freelancer Profile and not to any individual person. You agree not to use the feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User. Mega Models does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Mega Models do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Mega Models is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Mega Models reserves the right (but is under no obligation) to remove posted feedback or information that, in Mega Models’s sole judgment, violates the Terms of Service or negatively affects our marketplace. You acknowledge and agree that you will notify Mega Models of any error or inaccurate statement in your feedback results, including the feedback, and that if you do not do so, Mega Models may rely on the accuracy of such information.
4. PURPOSE OF THE SITE AND SITE SERVICES FOR USERS
4.1 The Site is a marketplace where Users / Agency/ Freelancers can identify each other and Post / advertise/ market and deal Freelancer Services online. Subject to the Terms of Service, Mega Models provides.
4.2 The party of the Second Part hereby authorizes party of the First Part to access upload, share, circulate his/her personal details, portfolio of pictures, video, audio video, professional photos through their website “www.megamodels.in” portal /search engine for which the Party of the Second Part shall provide the Party of the first part all the requisite information, data, portfolios, video, pictures and other data required by the Party of the First Part.
4.3 The party of the Second Part shall after registering with Mega Models on their website, www.megamodels.in, Mobile App, shall be provided with a unique user id and password as a gateway to upload their profile /portfolio/ photos/ video, information and also to get updates as to the date, time and details of agency/individuals/ who accessed their profile and photos and comments made by them thereunder.
5. SUBSCRIPTION AND PAYMENTS TERMS FEE
5.1. The Company offers quarterly (3 months) ,semi-annual (6 month) and annual (12 month) subscriptions on megamodels.in. The length of the subscription period is to be selected by you during the enrollment process.
5.2. This is a non auto renewable ,herefore you will have to purchase the subscription again once it expires. Your profile on expiry of the period will remain the same. On renewal, you have the advantage of changing your subscription plan and opt for ongoing offers if any, at the time of renewal.
5.3. Billing Discrepancies: Unless you notify The Company of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release The Company from all liabilities and claims of loss resulting from any such error or discrepancy.
5.4. Cancellations and Refunds: Subscriptions (both initial subscriptions and renewals) may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Website until your subscription expires. Cancellations may be made by emailing.
TERMINATION OF AGREEMENT
In furtherance of clause 3.1 above Model/aspirant (Second Party) agrees and confirm that Mega Models has the right to terminate this agreement and its representation with immediate effect in case it is noted that the model/aspirant have resorted to unfair practices to get shortlisted with Mega Models’s registered clients/third party, further Mega Models shall at any time remove the data of the model/aspirant from its website/portal/search engine without intimation and without citing any reason to the said model/aspirant. A waiver by either of the parties hereto of a breach of any of the provisions herein shall not be deemed a waiver of any subsequent breach nor a modification of such provision.
DECLARATION OF PARTY OF SECOND PART
a) That Mega Models shall not be a party in any way whatsoever for any kind of agreement/deals covenants entered between him (model/aspirant) and third parties registered with Mega Models or any person whatsoever.
b) It is also expressly agreed between the parties hereto that Mega Models shall provide complete details of the model/aspirant to its registered client/third parties.
c) Mega Models does not guarantee any kind of confirmation of work/ job on behalf of its registered clients/third party advertised on its website and also does not guarantee the authenticity of its registered clients/third parties advertised on its website. Model/aspirant declares that they shall conduct due diligence in all manner before entering in agreement/contract with Mega Models’s registered clients/third parties advertised on Mega Models’s platforms of its website or Applications (APP).
d) Model/aspirant undertakes that he/she shall not in any way whatsoever hold Mega Models liable or responsible for any dispute between Mega Models’s registered clients/third parties advertised on Mega Models’s website and model/aspirant due to any agreement/contract entered for work /assignments or job.
e) Model/aspirant declares that he/she has authorized Mega Models to use any of his/her data including photos, portfolios video to advertise/publicize for campaigns, banners, advertisement materials, and for other promotional activities of Mega Models or for its website/portal/search engine free of cost as a token of appreciation, and shall not object in any way whatsoever for the same if used.
f) Mega Models is hereby granted the exclusive right by the model/aspirant to use and distribute and allow or license others to make use of and distribute Model/Aspirant's name, portrait and pictures, data in connection with the advertising and/or publicity of the model/aspirant in the cine industry or other advertising campaigns, promotional and in connection with the matters covered by this agreement. It is further understood and agreed that Mega Models is only a PLATFORM to post talent, and does not operate as an employment agency.
INDEMNIFICATION
The Second Party (model/aspirant) (the “Indemnifying Party”) hereby agrees to indemnify the Party of First Part (Mega Models) (the “Indemnified Party”) from and against any and all losses, claims, damages, liabilities and fees, expenses and disbursements (including the fees, expenses and disbursements of counsel), incurred by the Indemnified Party, directly or indirectly that arise out of or result from the acts of Second Party (model/aspirant) and due to any breach of any of the representations and warranties made by the Indemnifying Party hereunder; or any breach of any covenant or undertaking or obligation of the Indemnifying Party under this Agreement; or any other act of neglect or default of the Indemnifying Party.
ARBITRATION
Any disputes or differences which may arise between the parties hereto with respect to Terms of Agreement, interpretation of any provisions or of the terms and conditions thereof and all other matters arising out of this Agreement shall be referred to sole arbitrator to be appointed by Mega Models and such arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 and the proceedings shall be conducted at Mumbai alone.