Terms and Conditions
Terms and Conditions
Terms and Condition for ModelFactory
This AGREEMENT is entered into as on the Effective Date (as defined below) by ModelFactory (the "Company" ) (which expression shall, unless repugnant to the context, be deemed to mean and include its successors, nominees and permitted assigns) and the party identified above as the "User" (also referred to as "you") (the " Agreement").
- "Effective Date" shall mean the date on which the User completes the registration process on Company's website or mobile application.
By clicking on the "Accept" button below, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorised to use this website / mobile application.
- Registration and User Account Rules
- Eligibility and Age Restriction
- Persons below the age of 18 are expressly prohibited from registering with the Websites or posting / submitting personally identifiable information to the Website. In the event of a minor using or registering with the Websites, the responsibility or liability for the minor's action shall be on his or her parent or guardian. Any parent or guardian who believes that the Website has collected the personally identifiable information of his or her child (under the age of 18) should contact the Company immediately at support@ModelFactory.in
- Username and Password
- Every User that has registered itself is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's hardware; and (iii) keeping the e-mail address associated with that account current (User acknowledges that User will not receive messages from the Company about updates and inquiries or other matters in case the registered email is not functional).
- User shall be fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under his or her account. No User shall assist any unregistered person in gaining access to the registration area or subscription products or services of the Websites, or email or messaging accounts.
- In case of any unauthorised use of the account or password or any other breach of security, the User agrees to notify the Company immediately at support@ModelFactory.in The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with this section or any other part of the Agreement.
- User Conduct and Rules
- User Account
- User accounts are not transferable and no User shall use or attempt to use another User's account. No User shall rent, lease, loan, trade, sell or re-sell access to the account or registration area or subscription products or services or in any manner monetise any feature of the Websites.
- No User shall act dishonestly or unprofessionally, create any false identity or impersonate any other person or identity or upload any misleading information including, without limitation, biographical information, information about current position, qualifications, affiliations, identity, including use of a pseudonym.
- No User shall represent itself as affiliated with or endorsed by the Company, unless expressly authorised to do so by the Company.
- The User shall not have any ownership rights or title in the account and in case the account is terminated or deleted, all information, data, content or material associated with that account may be removed from the databases and public areas of the Websites.
- The User shall be solely responsible for obtaining, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service offered by the Company.
- User Content
- The Users can upload or transmit data, information, images, photographs, graphics, videos, messages, links or other materials to or through the Websites ("User Content"). As a User, you shall be solely responsible for the content submitted to the Websites and by submitting such content you shall represent and warrant that the content belongs to you and does not violate or infringe upon any copyrights, trademarks, moral rights, rights of privacy or publicity or any other intellectual property rights, or any right, title, claim or interest, or any other right of any party or entity.
- The User grants without any credit or compensation, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable and fully transferable, assignable and sub-licensable license to host, display, distribute, communicate, disclose, copy and explore any User Content to incorporate it in the works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purpose whatsoever for the entire term of any rights that may exist in the User Content. The User agrees that the Company may disclose the User's name in connection with his or her User Content. By providing User Content on the Websites in the public area, you permit any person to access, view, and store such User Content. Subject to the aforesaid, the User owning the User Content shall retain any and all rights existing in the User Content.
- The Company acquires no title or ownership rights in the User Content submitted to its Websites.
- The Company's Websites merely host and provide access to the User Content and do not guarantee or warrant the validity, accuracy, genuineness or credibility of, or in any manner endorse, any User Content. By submitting the User Content, the User expressly represents and warrants that it is correct and complete in all respects and is not false, distorted, manipulated, fraudulent, or misleading in any manner. The Company shall not be responsible or liable in any manner whatsoever in connection with the User Content. By using the Websites, you assume the associated risks and agree to undertake background checks on your own accord to ascertain the bonafide nature and accuracy of the User Content before acting on it.
- You shall have the sole responsibility to ensure that the privacy settings of your account are as you deem fit to debar or block or restrict access to your User Content by other Users or Visitors.
- Further, you agree that the Company shall have the right to post the data on the mobile applications or websites or on such other affiliated sites and publications as the Company may deem fit and proper.
- Restrictions on Use
The User undertakes, warrants and represents NOT to:
- Use the Websites in a manner that impairs their functioning or harm the interests of the Company;
- Use content from the Websites for derivative works of commercial nature without the Company's approval;
- Aggregate, use, copy, duplicate , download, publish, modify, transfer, share, distribute or disclose information of Users without obtaining their consent or any other information, data, or material on the Websites without the Company's consent;
- Delete, revise, modify or destroy any User Content or information, data or material posted by others;
- Remove or hide any copyright, trademark or proprietary right notice on the Websites or Services;
- Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consents;
- Use the Company's name, trademarks, service marks or logos;
- Except with express consent of the Company, scrape or copy User Content, data or other information of others available on the Websites by use of crawlers, browse plug-in, add-ons or any other technological or manual means;
- Except with express consent of the Company, copy, modify or create derivative works of, or decompile, decipher, disassemble reverse engineer or by any mode attempt to obtain or derive the source code of the Websites, the Services or any related technology;
- Create or operate a pyramid scheme, fraud or similar practice;
- Establish any deep link or other connection to any specific page of Websites (except the homepage), without obtaining prior consent of the Company;
- Bypass or interfere with the security features of the Websites and the Services through any means or engage in framing, mirroring or stimulating the appearance or function of the Services;
- Use data miner, spider, crawler, scraper, robots or other automated software/devices, data gathering or extraction methods, to access, index, navigate or explore the Websites or its Services, add or download contact information or send or redirect messages;
- Hamper or interfere with the operations of Websites or any of its Services in any manner, including placing unreasonable load on the Services by enabling high volume, automated, electronic processes, spam, viruses, gaming algorithm, or denial of service attack;
- Post jobs or User content on the Websites that contain any hyperlinks, email addresses, HTML Tags, or hidden keywords or any keywords that are irrelevant to the job or are otherwise misleading;
- Defame, abuse, harass, stalk, threaten or harm another person in any manner, including by sending spam or unwelcomed/unsolicited communications through emails, phone calls, fax or any other mode;
- Solicit passwords, personally identifiable information or sensitive personal information from other Users
- Create account, use the Services, post or upload User Content, information, data, links or material that promotes escort services or prostitution, is indecent or sexually exploitative;
- Upload, post, transmit, update, publish or distribute or share any material or information to the Websites that:
- belongs to another person and to which user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful or racially, ethically or otherwise objectionable, disparaging, relating or encouraging money laundering, or gambling or otherwise unlawful in any matter whatever;
- harms minor in any way;
- infringes any patent, trademark, copyright or any other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses, or any other computer code, files or program designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Any such content may be deleted or removed by the Company without notice and the Company may cancel any registration or terminate the account on the Websites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs. Further, the user agrees to indemnify the Company for all losses incurred by the Company due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the Websites of the Company.
The User/Visitor to the Websites does hereby specifically agree that he or she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any User Content, information or data into the computers, computer systems or computer network of the Company. The said User/Visitor to Websites does further unequivocally declare that in case he or she violates any provisions of the Information Technology Act, 2000, and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he or she shall be solely responsible for all the acts, deeds and things and any liability arising out of such acts, deeds and things or any other law for the time being in force.
- Additional Conditions for "Applicants"
- Your account shall be used by and any User Content or information or data on your account shall be fed or updated by you alone. You shall not post resume or create portfolio or apply for a job on behalf of another party. You represent and warrant that your User Content is your own and is accurate and describes you as a person. You undertake that you shall have the sole responsibility for the form, content, and accuracy of the User Content placed by you on the Websites.
- The Company does not guarantee or warrant a satisfactory response or any response at all to the portfolio or resume or User Content uploaded by any Talent.
- The Company does not guarantee or warrant the credentials of any prospective Industry Recruiter or Home Based Individual Customer registered on the Websites. It shall be the Talent's sole prerogative to ascertain the genuineness of any Industry Recruiter or Home Based Individual Customer.
- You shall not defer any contact from Industry Recruiter or Home Based Individual Customer to any agent, agency or third party.
- Additional Conditions for Industry Recruiters / Home Based Individual Customers
- You undertake not to use the User Content uploaded by the "Applicants" for any purpose other than as a recruiter, employer or hirer of their Services.
- You shall be solely responsible for the job posting on the Websites and the Company shall not be liable for any employment decisions, for whatsoever reason, made by any User posting jobs on any of the Websites.
- You shall not, except where permitted by the Company, sell, promote, or advertise products or services.
- You shall not post any job which is not in compliance with the local, national, and international laws, including, labour and employment laws, equal employment opportunity, eligibility requirements, data privacy, intellectual property and data access, etc.
- You shall not post any job that seeks sexual services or promotes prostitution or escort services or request use or donation of any human body parts, including reproductive services such as surrogacy or egg donation.
- You shall not post any job that requires the Talent to endorse or affiliate with a particular political party, political agenda, political position / issue, or religion or religious group.
- Except when allowed by applicable law, you shall not post jobs that require the applicant to provide information relating to his /her racial or ethnic origin, political beliefs, philosophical or religious beliefs, health, membership of a trade union, sexual life, the commission of criminal offences or proceedings.
- You undertake not to post any job for any competitor of the Company or its Websites or post or upload content that provides link to any competitor of the Company.
- The Company reserves the right to restrict the number of emails or messages which you may send to Users to a number which the Company deems appropriate in order to curb spam, commercial advertising and solicitation.
The foregoing conditions and restrictions shall not be considered an exhaustive list of prohibited or restricted activities.
- User Warranty and Representation
You guarantee, warrant, and certify that you are the sole and exclusive owner of the content which you submit on the Websites or are otherwise authorised to use such content and that such content does not infringe upon the property rights, intellectual property rights or other rights of others. You will solely be responsible for any content that you provide or upload when using the Websites, including any text, data, information, images, photographs, music, sound, video, ideas, concepts, or any other material which you may upload, transmit or store when making use of the Websites. However, with regard to the product customization Service, if any, you expressly agree that by uploading and posting content on to the Websites for public viewing and reproduction/use of your content by third party users, you accept and grant a non-exclusive license for the use of the same. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by the Company.
- Credit Card Usage or Transactions and Payment
The User is solely responsible for maintaining confidentiality of the user password and identification and all activities and transmission performed by the User through the user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards or debit cards or such other forms of instruments or documents for making such transactions. Company shall not have any responsibility or liability for their improper use of information relating to such usage of credit cards or debit cards used by the subscriber online or off-line.
The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account or information relating to or regarding online transactions using credit cards or debit cards or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Payments for the services offered by the Company shall be on fully (100 percent) advance basis. The Company normally follows a no-refund policy. Refund if any will be at the sole discretion of the Company. Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User's bank account. The Company as a merchant shall not be liable for any loss or damage, arising directly or indirectly, out of decline of authorization for any Transaction on account of the cardholder having exceeded preset limit mutually agreed by the Company with its acquiring bank from time to time. Further, the Company gives no guarantees of server uptime or applications working properly. The Company shall act on a best effort basis and liability is limited to refund of amount only.
The Company undertakes no liability for free services.
User undertakes that Services offered by the Company shall not be used to indiscriminately and repeatedly upload, post, email, send, forward, transmit, or otherwise make available, unsolicited bulk or commercial emails or messages, whether directly or indirectly.
The Company shall endeavour to abide by the International Best Practices for eliminating Spam. The Company reserves the right to monitor, filter and block such emails or messages sent by any User using the Company's servers to relay such emails or messages. Any violation of this Section shall entitle the Company to terminate all Services to the User without notice and forfeit any amounts paid by him.
- Links to and from Third Party Websites
There may be circumstances where access to the Websites is provided by a hypertext link located at another web site. Company does not make any representations or give any warranties with respect to any information contained in or at these other sites and the Company shall not be liable for any damages or injury arising from the content of other sites. Company does not endorse the individuals, companies, or other similar entities, or any products or associated materials, which provide a link to the Websites. Unless explicitly approved by the Company in writing or otherwise, you agree not to: (a) provide or create a link to the Websites; and (b) create any frames at any other web sites pertaining to any of the Content located at the Websites.
- Intellectual Property
Company, or third parties who have licensed their content to the Company or contributed to the Websites ("Content Owner"), own or license from third parties all Content including without limitation all course material, software, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, digital streams, data compilations, etc. All Content remains the sole property of the applicable Content Owner and is protected under relevant copyright, trademark and other applicable laws. Nothing on the Websites should be construed as granting any license or rights to use or distribute any Content, except as expressly set out herein or otherwise with the express written agreement of the relevant Content Owner, as the case may be.
The trademarks, logos, and service marks, and other names, logos, and icons identifying the Company's products and services (collectively, "Trademarks") displayed on the Websites, are registered and unregistered Trademarks of the Company, its affiliates, suppliers or others. Certain portions of the Websites may be identified as being the subject of a specific copyright held by an entity other than the Company and, as such, may not be copied without the permission of the holder of the copyright.
- Termination, Suspension and Restrictions on Usage
If you or the Company terminates your use of the Websites or any Service, for any reason whatsoever, Company may delete any Content or other materials relating to your use of the Websites and/or the Services and the Company will have no liability to you or any third party for doing so. You shall be liable to pay for any Services or Product that you have already ordered till the time of termination by either party.
In certain cases, in Company's sole discretion, Company may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Websites has been terminated including the right to use, access or create any account thereon; (ii) that Company refuses to provide any Services to such Restricted User; and (iii) any subsequent or pending orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the relevant Restriction Notice.
- Governing Law
- Disclaimers and Limitation of Liability
The information contained on the Websites and/or provided pursuant to the Services is provided on as "as is" and "as available" basis without any warranty or representation of any kind, either express or implied including but not limited to those of merchantability, fitness for a particular purpose and non-infringement, accuracy, authority, completeness, usefulness and timeliness. To the fullest extent permissible by applicable law, Company and each Company Service Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant or guarantee the accuracy, reliability or legality of any of the information on the Websites and/or provided pursuant to the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Websites at any time. The subscription of a User shall be subject to quotas as applicable and may change without notice.
Without limiting the foregoing, neither Company nor any Company Service Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Websites and/or the Services, or the information, content, including digital content and User created content, and Content or products/services included thereon; (ii) that the operation will be uninterrupted or error-free or free of any virus, computer contaminant, worm or other harmful components ; (iii) as to the accuracy, reliability, or currency of any Content, information, content, including digital content and User created content, Services, or Products provided through the Websites and/or the Services; or (iv) that the Websites and/or the Services, its servers or e-mails sent from or on behalf of Company are free of viruses, scripts, trojan horses, worms or other harmful components.
The subscription agreement between the Company and Users is not a "non-poach agreement" and shall not be termed or used as an alternative to "non-poach agreement". The Websites are public websites and all information posted by the Company shall be in public domain, except such information or data which the User or the Company specifically assigns to be of a private character.
The agreement of Service entered into between the Users and the Company shall not confer exclusivity of service to any User.
The Company shall not be party to any legal proceedings between Users who connect through the Websites. In case the Company is implicated in any legal proceedings, the costs will be recovered from the party that names the Company. However, the Company will in all circumstances abide by any court order served on through due process of law
If any person, whether or not registered with the Company's Websites, receives a spam or virus including a link to the Websites maintained, operated or owned by the Company, the Company shall not be responsible or liable in connection with such spam or viruses.
The Company does not have or operate through any agents except for those specifically mentioned on the homepage of the Websites. Additionally, notwithstanding anything contained herein, the provision of Services by the Company through its mobile applications or Websites shall not be construed as acting as an agent on behalf of the User.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY COMPANY SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES AND/OR THE SERVICES, EVEN IF COMPANY OR ANY COMPANY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES. IN ANY EVENT, COMPANY'S LIABILITY SHALL BE CAPPED TO THE EXTENT OF THE FEES RECEIVED BY IT FROM THE USER.
The Company reserves its right to amend or alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms or disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
- General Terms
- Survival: The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Company.
Address :H 161 Bsi Business Park,
Sector-63, Noida, Uttar Pradesh-201301