Terms & Conditions

TERMS AND CONDITIONS

PLEASE READ CAREFULLY BEFORE DOWNLOADING AND USING THE MODL APP.

These terms and conditions comprise a legal agreement (Agreement) between you,  (you) and MODL Ltd (trading as MODL App) of 13 Portland Road, Edgbaston, Birmingham, B16 9HN with company number 09953256 (MODL App, MODL Ltd, us, our or we) governing your access and use of our Platform.   

The terms of our privacy policy applicable to your use of our Platform are incorporated by reference into this Agreement.

By registering or using our Platform, you agree to be bound by this Agreement.

Agreed terms

1. Definitions

1.1          The following definitions in this clause apply in these terms and conditions:

Account: the User’s account.

App: means the MODL App mobile application software.

Booker: means the person or company listing modelling jobs and purchasing Modelling Services using the App.

Booking Fee: means the fee paid by the Booker to us as set out in the Platform.

Booking Services: as defined in clause 2.6.

Market Services: means our mobile applications, websites, tools and all other associated MODL App services.

Model: means the person offering and providing Modelling Services using the App.

Model Fee: means the fee paid by the Booker to the Model, comprising the daily rate (more details of which are set out in clause 8.7) and any additional fee for Usage, as set out in the Modelling Job Listing.

Modelling Contract: the agreement made between the Model and the Booker whereby the Model agrees to provide the Modelling Services in return for the payment of the Model Fee.

Modelling Job: means the event involving the delivery of Modelling Services at the time, date and location specified by the Booker.

Modelling Job Listing: means the details of any Modelling Job posted on the Platform by the Booker.

Modelling Services: means the Services performed by the Model pursuant to the Modelling Contract.

Platform: means the App, the Site and any other Market Services.

Profile: means the User’s Profile listed on the Platform.

Services: means Modelling Services and Booking Services, as the context requires.

Site: https://www.modlapp.com

Usage: means the entitlement and right of the Booker to use the Model’s image and/or voice:

(a)        across media (including but not limited to:

(i)         product packaging, labels, instructions, guides and related material;

(ii)        point-of-sale and in-store marketing material;

(iii)       leaflets, flyers, newspaper, magazines, brochures and other print marketing;

(iv)       website, email, e-brochures and social media;

(v)        TV, cinema and in-flight commercials;

(vi)       billboard (print and digital), advertising boards and other public marketing display areas; and

(vii)      music videos, corporate videos and promotional films);

(b)        across geographical territories (being independent nation and continents as defined by the United Nations but excluding websites and social media where the registered address and owner or subscriber are within the territory specified); and

(c)        over a specific period of time,

as specified in the Modelling Job Listing.

1.2          A reference to ‘User’, ‘you’ or ‘your’ shall include the Model or the Booker, as the context so requires.

2. SCOPE

2.1          The App is a mobile and web-based application providing a platform for models to upload a Profile and take bookings for Modelling Services. Bookers seeking Modelling Services for marketing, instructional and other corporate and commercial purposes list these modelling jobs on the App and use the Platform to identify and book suitable models.

2.2          You acknowledge and agree that:

(a)        we are not a party to the Modelling Contract;

(b)        we are not an agent or partner of any party to the Modelling Contract;

(c)        we do not provide Services or function as a Model or a Booker;

(d)        we do not set prices for the Services or determine the Modelling Jobs posted on the Platform by Bookers; and

(e)        all Services are provided by independent third party contractors who are not employed by us or any of our affiliates.

2.3          . We will provide a customer services function as part of the Platform. You understand and agree that you will be available via email and telephone to promptly answer any enquiries from our customer service team relating to your provision or purchase of Modelling Services.

2.4          We may make reference to you or your business in our marketing and sales materials including, without limitation, details of Modelling Jobs listed on our Platform, images or assets uploaded as part of a Model’s Profile, preferences, reviews or Modelling Jobs fulfilled.

2.5          Although we use techniques that aim to verify the accuracy of the information provided by our Users, such verification is difficult and we cannot and do not confirm, and are not responsible for ensuring, the accuracy or truthfulness of User’s purported identities or the validity of the information which is provided to us through our Platform.

2.6          The Booking Services include:

(a)        listing Modelling Jobs;

(b)        listing Profiles of Models

(c)        listing Profiles of Bookers;

(d)        providing a platform whereby Models and Bookers can enter into Modelling Contracts;

(e)        keeping a record of each Modelling Contract;

(f)         remotely monitoring the performance of the Modelling Contract by the Model;

(g)        receiving and dealing with feedback, questions and complaints relating to Modelling Contracts, which may be made by email to supportuk@MODLApp.com. The Booker is encouraged to provide feedback if any of the Modelling Services provided by the Model do not conform to their expectations; and

(h)        managing any lost property queries relating to Modelling Contracts.

2.7          By using any part of the Platform, you acknowledge and agree that:

(a)        internet transmissions are never completely private or secure and that any information you send using any part of the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted;

(b)        we do not warrant that your use of the Platform will be uninterrupted or error-free; or that the Platform will meet your requirements; and

(c)        we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, in your use of the Platform.

2.8          Except as permitted by any local law, you agree:

(a)        not to copy, rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Platform; and

(b)        to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform.

3. YOUR ACCOUNT

3.1          In order use the Platform, you must register and maintain an account with the App. You must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering an Account for a business entity, you represent that you have the authority to legally bind that entity.

3.2          When registering an Account, you will be required to submit certain personal information, such as your name, address, mobile phone number and age. You may be required to provide us with valid debit card, credit card, Stripe or BACS details.

3.3          You agree to maintain accurate, complete, and up-to-date information in your Account. If your registration or payment information changes at any time, you must promptly update your details in your Account. You acknowledge and accept that your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Platform. We reserve the right to temporarily or permanently suspend your Account if the information contained within it is incomplete or inaccurate.

3.4          We may mark Model and Booker Profiles as ‘verified’ if we deem that the Profile information submitted is accurate. We reserve the right to revoke the ‘verified’ status of your Profile for any reason and without notice to yourself.

3.5          You are solely responsible for all activity that occurs under your Account and for maintaining the confidentiality of your Account information and password.

3.6          Unless otherwise permitted by us in writing, you may only possess one Account.

3.7          Your Account is not transferable to another party.

3.8          For security reasons, we reserve the right to request the following additional information from you (this list is non-exhaustive), including original documents, and to verify documents with issuing institutions.

Identity

We reserve the right to request the following proofs of identity:

(a)        a copy of a Government issued ID (passport, driving license or national ID card); and

(b)        a copy of a recent utility bill showing your name and address (which must be less than 3 months old).

Credit/debit card users

We reserve the right to request the following:

(a)        a copy of the front and back of the card used. For security reasons, you must blank out the central 8 digits of the card number and the last three digits from the number on the back; and

(b)        a copy of a credit or debit card statement for the card used (which must be less than 3 months old). For security reasons, you must blank out the central 8 digits of the card number.

PayPal/Stripe users

We reserve the right to request a copy of your Paypal or Stripe account statement showing your PayPal or Stripe account registered name, email address and verification status along with any relevant transactions.

3.9          By creating an Account, you agree that we may send you informational text (SMS) messages and mobile push notifications as part of the normal business operation of your use of the Platform. You may opt-out of receiving text (SMS) messages and/or mobile push notifications from us at any time by sending an email to support@MODLApp.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages and/or push notifications may impact your use of the Platform.

4. PROVISION OF SERVICES

4.1          Modelling Services are delivered by the Model during a Modelling Job.

4.2          When a Booker confirms a Model’s offer to provide Modelling Services in respect of any Modelling Job listed, the Model is contractually bound to perform the Modelling Services within and during the required delivery timeframe set out in the Modelling Job Listing. We will notify the Model of the booking confirmation via email or through the App. 

4.3          When a Booker confirms the booking of Modelling Services, the Booker is contractually bound to pay for the Modelling Services immediately and to provide adequate provision for the delivery of the Modelling Services outlined in the Modelling Job Listing.

4.4          The Modelling Contract and any other contracts are made directly between the Model and Booker and we have no liability whether in contract or tort for any issues, complaints, disputes or otherwise howsoever arising out of a transaction including any failure by the Model to supply the Modelling Services to the required standard or in accordance with any description in the Modelling Job Listing or otherwise.

4.5          The provision of Modelling Services will be considered to be completed immediately if any one of the following events occur:

(a)        both the Booker and the Model mark a booking as completed within the App;

(b)        24 hours have passed since the end of the booking date specified in the Modelling Job Listing and no disputes have been raised; or

(c)        in the event that no booking end date has been specified in the Modelling Job Listing, 7 days have passed since the start of the booking date (as specified in the Modelling Job Listing) and no disputes have been raised.

4.6          When the Modelling Job is complete, the Booker and Model will be asked to provide qualitative feedback and a rating on one or more elements of satisfactory from 1-5 for the other party. This rating influences each User's ranking on the Platform. Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to us. Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

4.7          Should the Model and Booker agree to vary the Modelling Contract beyond those outlined in the original Modelling Job Listing, the Model and the Booker agree to inform us of the variation immediately. The provision of Modelling Services and payment obligations for the Modelling Services shall apply to the varied Modelling Contract in all material respects.

4.8          We may at any time change the way that we deliver and allow you to use the Platform including, without limitation, changing the format, altering the payment process, altering the job posting and filtering process or changing or removing the points or rating system. You agree to accept any new processes in order to maintain your Profile on our Platform.

4.9          All Users must comply with all applicable consumer protection regulations relating to online trading.

5. OBLIGATIONS OF MODELS

5.1          You must only list your Profile as a Model if you have the capability to provide Modelling Services immediately, in the form that they are represented in your Profile.

5.2          You are required to provide full and accurate information about yourself as a Model, including, but not limited to, your age, height and all physical measurements required in the Profile and preferences sections on the Platform. You must not provide misleading information regarding your skills and other attributes that may be integral to providing Modelling Services.

5.3          We do not warrant or guarantee that the listing of your Profile will result in offers or bookings or that your Profile will appear in all searches in which you fulfil the search criteria.

5.4          You acknowledge that we have no control over the requirements listed by Bookers using the Platform.

5.5          You must strive to deliver a high standard of work at all times and meet the needs of the Booker. Specifically, you must ensure that:

(a)        you arrive at any agreed location in good  time to commence the provision of the Modelling Services at the start time specified in the Modelling Contract or as otherwise agreed with the Booker;

(b)        your Profile information and images represents you accurately;

(c)        you reply promptly to any correspondence received from us or the Booker, through whatever means;

(d)        you carry yourself with professionalism and act with a demeanour appropriate for the context of the Modelling Job;

(e)        you meet the specified minimum requirements of the Modelling Job;

(f)         you bring any appropriate props, clothing and hair and makeup provisions to the Modelling Job, as set out in the Modelling Job Listing or otherwise;

(g)        any queries or concerns about the Modelling Job are raised at least 24 hours before the start time (as set out in the Modelling Job Listing or otherwise); and

(h)        you check your emails and the App regularly to ensure you are up to date with the details and schedule of Modelling Jobs and the latest bookings, listings and updates.

5.6          You confirm that the Booker can use any photograph, video, rushes, sound recording, still image or other media obtained from the Modelling Job immediately, in line with the agreed Usage.

5.7          You are responsible for collecting evidence that you attended and completed the Modelling Job to the reasonable satisfaction of the Booker. Failure to do this may leave you liable to a dispute over the completion of the Modelling Services.

5.8          We reserve the right to charge you for any additional costs (including, without limitation, additional delivery costs and the costs of finding replacement Models for the Booker) if you fail to provide the Modelling Services in accordance with the Modelling Contract.

5.9          Repeated failure to supply Modelling Services on time or at all or to the required standard may lead to the suspension and/or termination of your Account.

6. OBLIGATIONS OF BOOKERS

6.1          You acknowledge and accept that:

(a)        Models will receive notifications of different Modelling Jobs based on their personal information, characteristics, job preferences and your requirements;

(b)        the Models available for any given Modelling Job will vary due to the Modelling Job criteria listed and the characteristics and features of individual Models;

(c)        your search results may comprise only of Models that fit the criteria you specify. Upon requesting the availability of these Models, only those that are able and willing to fulfil the Modelling Job listed will render their Modelling Services available for booking; and

(d)        we do not warrant, represent or guarantee the number of Models fitting the Modelling Job criteria.

6.2          It is your responsibility to check the correctness of a Model’s Profile information before the accepting the Model’s offer to provide the Modelling Services.

6.3          To improve the quality and presentation of your listings we may at any time change the details on your Profile or Modelling Job Listings without notice including, without limitation, making spelling and grammar corrections, removing duplicated content, updating contact details, providing more appropriate thumbnail images, updating location information, changing your categories, expanding your description and adding reference to your website.

6.4          When listing the Modelling Job, you must identify any features or characteristic or criteria that is critical to the commercial objectives or general objectives of the Modelling Job. Once a Model has made an offer for a Modelling Job, you must double-check this information with the Model, through the App. We will not be responsible for any loss incurred as a result of booking a Model that does not conform to the needs of the Modelling Services or Modelling Job.

6.5          You are responsible for the provision of all reasonable meal and beverage requirements of the Model (taking into account dietary requirements) whilst the Model is providing Modelling Services.

6.6          You must ensure that the Model is treated with respect and professionalism and you must take all steps necessary to ensure that the safety, health and well being of the Model is protected and maintained at all times whilst the Model is providing Modelling Services to you. Such steps shall include, without limitation:

(a)        ensuring that the venue and working conditions for the provision of Modelling Services are safe and secure and that the Model can provide the Modelling Services in compliance with all health and safety standards, regulations, codes and laws;

(b)        allowing the Model to take suitable and regular rest periods;

(c)        ensuring that all people and organisations engaged by you in relation to the Modelling Job are suitably qualified, experienced and professional; 

(d)        ensuring that no one imposes upon the Model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the Model;

(e)        ensuring that the Modelling Services are delivered and the Model is treated in accordance with The Association of Model Agents’ Code of Practice (as amended from time to time); and

(f)         providing the Model with appropriate changing and dressing areas.

6.7          In using our Platform you agree that a Modelling Job is complete once satisfactory Modelling Services have been provided during the allotted time, specified in the Modelling Job Listing.

6.8          You shall effect and maintain, throughout the continuance of this Agreement, insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks that may arise under this Agreement.

7. USAGE

7.1          The permitted Usage of a Model’s image by a Booker must be outlined in the Modelling Job Listing and will be agreed between the Model and the Booker, upon confirmation of the Modelling Job, in the Modelling Contract.

7.2          The payment for Usage is included in the Model Fee and is subject to the standard Booking Fee rate. Once the Modelling Services have been rendered as completed by the Model and the Model Fee has been paid to the Model, Bookers are granted the appropriate Usage rights for the Modelling Services based on the Modelling Contract. No Usage is permitted until payment is made to the Model in full.

7.3          The Booker is responsible for ensuring that all photographers and third parties present at Modelling Jobs are aware of this clause 7 and the Booker shall procure that all third parties agree to this clause 7 before the Modelling Job commences.

7.4          When a Model is booked for a test or experimental photography the Booker is not entitled to use, or allow others to use, test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been agreed to in the Modelling Job Listing.

7.5          Use of the Model’s image beyond the permitted Usage will be in breach of the Modelling Contract and the Booker:

(a)        may be liable to pay additional fees in line with the Usage guidance provided on the Site; and

(b)        must contact us directly in order for us  to extend the Booker’s legal rights and entitlement to use the Model’s image as required.

7.6          It is the Model’s responsibility to ensure images, graphics, video and/or other media containing the Model’s image or intellectual property are being used in line with the Usage agreed. The Model must inform us as soon as they become aware of any breach or infringement of the agreed Usage. 

8. PAYMENTS, FEES AND OTHER CHARGES

8.1          We process payments from Bookers and to Models using credit/debit card, Stripe and/or BACS bank transfers.

8.2          We may issue Users with invoices in electronic format by email and/or through the App.

8.3          Payments from Bookers are due and payable immediately upon accepting a Model for the Modelling Job. The Booker shall pay the Model Fee and the Booking Fee using one of the accepted payment methods set out in clause 8.1. All payments made to the Model must be made through the App and are subject to a Booking Fee.

8.4          When a booking is made, the Model Fee will be paid by the Booker into an escrow account. Notwithstanding clause 8.19, once the Modelling Job is complete in accordance with clause 4.5, the Model will raise an invoice and the Model Fee will be paid to the Model within 7 days of the date of the invoice.

8.5          When payment is made to the Model:

(a)        the Booker will be sent a digital receipt for their payment via email, once it has processed; and

(b)        the Model will receive a remittance notice via email once the payment to them has been made.

8.6          Models must not request payment upfront either from us or directly from the Booker before the Modelling Job has been completed.

8.7          The daily rate is on based on an 8-hour day and, unless otherwise stated in the Modelling Job Listing, the period is 9am to 5pm with one hour for lunch (Full Day). A half-day is a 4-hour period with start and end times specified by the Booker in the Modelling Job Listing (Half-Day).

8.8          Overtime must be paid for time worked in excess of any Full Day or Half-day. Overtime is to be calculated based on the equivalent hourly rate for the booking (pro-rata) and calculated to the nearest quarter of an hour. Overtime is to be logged in the App by the Model. Payment for any overtime may take up to 14 days to process from the end of the Modelling Job. Overtime is subject to an additional Booking Fee.

8.9          Any fees intended for travel expenses must be included in the Model Fee. No additional payment for travel expenses will be made to the Model unless unforeseen travel expenditure is incurred during the Modelling Job.

8.10        In using an escrow account we act, subject to this Agreement, on the User’s behalf. We are not a deposit taking body and any monies held by us on a User's behalf are not insured deposits. Users will not receive interest or other earnings on the funds held in the escrow account. We will endeavour to ensure that the any funds in the escrow account due to the User are available to that User in accordance with this Agreement but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.

8.11        We will do all that we reasonably can to ensure that all of the information you give us when paying is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.12        All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

(a)        Verified by Visaerified by Visa;

(b)        Mastercard®SecureCode TM; or

(c)        American Express SafeKey.

8.13        We use third-party service providers including Adyen, Worldpay, Payoneer, Paypal, Stripe and Skrill to process payments by Bookers and to transfer funds to Models. These third-party payment service providers are regulated and authorised to provide payment services in the countries where they operate. We may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.

8.14        We may charge fees for selling and/or buying goods or services through our Platform, as well as delivery or fulfilment fees (collectively referred to as Service Fees). Any applicable Service Fees including any taxes, if applicable, will be disclosed to you prior to listing or buying anything. Service Fees may vary. We reserve the right to change the Service Fees at any time but will give you not less than 14 days notice of our intention to do so.

8.15        If you do not fulfil your contractual obligations as a Model towards a Booker (by, for example, not delivering Modelling Services at all or within the required delivery timeframe or by delivering incorrect, misrepresented or invalid Modelling Services), we reserve the right to charge you the following additional fees and other charges to cover our costs for resolving the issue, including finding replacement Models or issuing a refund to the Booker:

(a)        a replacement fee which consists of the price of a comparable replacement Model and their Modelling services. You accept that in this event the replacement fee may be higher than the original sales price of your Modelling Services; and

(b)        a fee for any additional transport costs which may be incurred.

8.16        Unless otherwise stated, all fees and other charges:

(a)        shall be payable in pounds sterling;

(b)        are non-cancellable and non-refundable; and

(c)        are exclusive of value added tax.

8.17        All Models are responsible for determining whether VAT is due on your sale, and for collecting and remitting such taxes. Any applicable taxes must be included in the Model Fee.

8.18        Payment (or attempt of) outside of the App is a breach of this Agreement unless we give prior express written consent. We reserve the right to temporarily or permanently suspend your Account if such payments (or attempts of) are made. Users must report attempts or offers to make payment outside of the App to us immediately. The Booker may be liable for any direct or indirect loss of business and legal fees and expenses that we incur in recovering any fees paid outside of the App (Losses) and we reserve the right to use any funds held in the escrow account on behalf of the Booker in order to recover such Losses. We will not mediate any disputes or be liable to the User for any loss of business caused as a result of breach of this clause.

8.19        Any dispute over payment regarding the Model Fee, overtime or Usage must be brought to our attention as soon as you become aware of any discrepancy or dispute. In the event of a dispute being raised, payment will be postponed until the dispute is resolved.

8.20        This Agreement will apply to any Modelling Job paid for using the App even if the Modelling Contract has been made outside of the Platform. In addition, it is the responsibility of both the Model and the Booker to agree in writing the terms of the Modelling Contract should it differ from the MODL App process set out in this Agreement.

8.21        If you require a transaction within the Platform which involves a currency conversion, such conversion will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular base. Exchange rate fluctuations are not under our control. A currency conversion fee of 2.5% will apply to every currency conversion. When a currency conversion is made by us, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.

8.22        Pre-authorisation of payments. In submitting a job on the MODL platform you will be asked to pre-authorise payment for the total value of the fees due when a model is booked. Pre-authorisation of payments is made with your full understanding of the process as per these Terms and Conditions, and in conjunction with those specified by any third-party provider and the bank that issued the payment card.

By pre-authorising payment, you grant MODL the permission to bill your account, at the point you book a model, the amount specified. MODL uses third-parties, which includes Stripe, to facilitate this process and, in turn, this third-party arranges this payment with your bank. Pre-authorisation is a temporary hold on a specified amount against the available funds on your payment card. Your payment card issuer may present a pre-authorisation as a pending transaction. You are aware that even though a pre-authorisation is not an actual charge, it will temporarily reduce the available balance on your payment card.

If you do not complete the booking of a model, for any reason, your pre-authorisation will be cancelled and the authorised funds instructed to be released. You agree and understand that it will usually take between 5 and 10 days for the funds to be made accessible by your bank.

9. WARRANTIES

9.1          The Booker warrants and represents to us that:

(a)        it has full capacity to enter into this Agreement and perform its obligations under this Agreement;

(b)        the Modelling Contract is executed by a duly authorised representative of the Booker;

(c)        it will take all steps necessary to ensure that the Model is protected and treated in accordance with all applicable laws, good industry practice and section 6.6 above;

(d)        it has all necessary permits, licences and consents to enter into and to perform its obligations under this Agreement and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments; and

(e)        it will promptly disclose us by email all necessary information (including, without limitation, the location and length of the Modelling Job and requirements for any foreign travel) and details relating to the provision of the Modelling Service to enable us to ensure that the Model is suitably prepared and able to perform the Modelling Services. This information can be specified in the App when providing a Model Job Listing.

9.2          The Model warrants and represents to us that:

(a)        it has full capacity to enter into this Agreement and perform its obligations under this Agreement;

(b)        it will take all necessary steps to ensure the anonymity of the Booker and the privacy of any personal or sensitive information disclosed during the Modelling Job and respect the intellectual property and copyright ownership of the Booker; and

(c)        it has all necessary permits, licences and consents to enter into and to perform its obligations under this Agreement and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments.

10. CANCELLATIONS, POSTPONEMENT AND OTHER EVENT CHANGES

10.1        Cancellation of booking by the Model

If the Model cancels a booking:

(a)        the Model will no longer be eligible to paid for the provision of Modelling Services for that booking; and

(b)        the Booker will receive a full refund of the Model Fee if a suitable replacement Model cannot be sourced. No refund of the Booking Fee will be made.

This is without prejudice to any claims or actions the Booker may make against the Model, under the Modelling Contract or otherwise, for any losses suffered in connection with a cancellation by the Model.

10.2        Cancellation of booking by the Booker

If the Modelling Job is cancelled by the Booker within 24 hours of the Modelling Job Start Date, the Model Fee will not be refunded to the Booker.

If the Modelling Job is cancelled by the Booker within 48 hours of the Modelling Job Start Date, 50% of the Model Fee will be refunded to the Booker.

The Booker will not be entitled to a refund of the Model Fee if the cancellation is made after the Modelling Job Start Date. The Booking Fee is non-refundable in all circumstances.

Cancellation timeframes exclude Saturdays, Sundays and bank and public holidays.

10.3        Postponement

If a Modelling Job is postponed, we will assist the Booker and the Model on a case-by-case basis to attempt to resolve any issues and to rearrange the Modelling Job if possible. We must be notified of any postponement at least 48 hours before the Modelling Job Start Date, otherwise clause 10.2 will apply.

10.4        Other changes

We are not responsible for partial performances, venue or time changes. Refunds of the Booking Fee will not be issued in these instances but partial or full refunds of the Model Fee may be applicable.

10.5        Weather related cancellations

If the Booker fails to cancel the Modelling Job in time to prevent the Model’s attendance, the Booker will not be entitled to a refund of the Booking Fee or the Model Fee. If the Booker cancels before the Model has attended for the Modelling Job, the Booker will not be entitled to a refund of the Booking Fee and any repayment of the Model Fee shall be in accordance with clause 10.2.

10.6        Impact of cancellations and refunds

Users are strictly discouraged from causing cancellations and refunds. Refunds and cancellations will impact Users as follows:

(a)        where the Model is at fault for the refund (for example, due to no response, poor quality of work or cancellation of the Modelling Job), it will negatively impact their Model status, feedback and points;

(b)        where the Booker is found to be the cause for the refund (for example, an early cancellation due to a change in their business need), it will negatively impact their Booker status and rankings; and

(c)        multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their Account or suspension or deletion of their Account (in our absolute discretion).

11. COMMUNICATING WITH US

11.1        If you wish to contact us, please email: info@modlapp.com. We will respond as soon as possible on Mondays to Fridays between the hours of 9am to 5pm.

11.2        If we need to contact you, we will do so via email to your registered email address or through the Platform.

12. CONTENT & INTELLECTUAL PROPERTY RIGHTS

12.1        When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against our assignees or us. We may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including Users). You may use catalogue content solely in connection with your Account.

12.2        We cannot promise that descriptions contained in Profiles will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies contained within any Profile. Descriptions may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the descriptions or create any derivative works bases on description content (other than by including them in listings).

12.3        We respect intellectual property rights. If you find material on our Platform which is defamatory of you or infringes your copyright or other intellectual property rights, please notify us immediately. Please ensure that your notification contains your name and contact details and also sufficient details to enable us to investigate your complaint.

12.4        All rights not expressly granted to the User under this Agreement are hereby reserved to us and/or the Model as appropriate. In particular, the Booker acknowledges and agrees that we are the owner or license holder of all commercial rights and intellectual property rights relating to the Model and the Platform and the Booker shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the Model or the Platform other than the rights specifically granted to the Booker under this Agreement.

13. TERM AND TERMINATION

13.1        This Agreement shall commence on the date that you register an Account with us or make an order or transact business using the Site, and will continue for an indefinite period unless terminated in accordance with these provisions.

13.2        Without limiting our rights according to clause 16 we may terminate this Agreement at any time by giving at least thirty (30) days’ notice via email to your registered email address.

13.3        Termination of this Agreement shall not affect the rights or liabilities of any party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.

13.4        On termination for any reason you must immediately cease your use of the Platform.

14. SITE CHANGES AND AVAILABILITY

14.1        We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of the Platform with or without notice for any reason. We perform regularly scheduled maintenance and whilst we do our best to avoid customer impact, the Platform may be temporarily unavailable during maintenance periods

14.2        We reserve the right to restrict the visibility of listings to Models on behalf of Bookers that are geographically located within a particular eligible target area.

15. UNACCEPTABLE ACTIVITIES

15.1        When using our Platform, you agree that you will not do any of the following:

(a)        use a Booker or Model's personal data for any reason other than the delivery or receipt of Modelling Services;

(b)        post any content or material that:

(i)         is false, inaccurate, misleading, defamatory, libellous, unlawful, harmful, threatening, obscene, infringing, harassing or racially or ethnically offensive;

(ii)        facilitates illegal activity;

(iii)       depicts sexually explicit images;

(iv)       promotes unlawful violence;

(v)        is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(vi)       is otherwise illegal or causes damage or injury to any person or property;

(c)        fail to fulfil your contractual obligations regarding the delivery or purchase of Modelling Services;

(d)        use MODL Ltd’s trademarks without our prior written permission;

(e)        copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our
Platform without prior express written permission of us and the appropriate third party, as applicable;

(f)         use any robot, scraper or other automated means to access our Platform for any purpose without our express written permission;

(g)        take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

(h)        interfere or attempt to interfere with the proper working of our Platform or any activities conducted on or with our Platform; or

(i)         bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Platform;

(j)         use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform;

(k)        not infringe our intellectual property rights or those of any third party in relation to your use of the Platform;

(l)         not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(m)       not collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform.

15.2        You are responsible for everything that is done using your account. You must tell us as soon as possible if you believe anyone has access, or has been using your account.

16. OFFENDING AGAINST THE AGREEMENT

16.1        Without limiting other remedies, we may limit, or temporarily or permanently suspend, or terminate our services or your Account, or restrict or prohibit access to, and your activities on, our Platform, remove listings, cancel sales, delay or remove hosted content, remove any special status associated with an Account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Platform if:

(a)        we cannot verify or authenticate information you have provided;

(b)        we have good reason to believe that you are creating problems or possible legal liabilities;

(c)        we have good reason to believe that you are violating this Agreement, our policies, the law or are infringing the rights of third parties;

(d)        we think that such restrictions will improve the security of the Site or reduce our or another user's exposure to financial liabilities;

(e)        you fail to make full payment of any fees due by the payment due date or upon request;

(f)         you die;

(g)        you become bankrupt; or

(h)        (where the User is a Company) you enter into administration or liquidation.

16.2        We reserve the right to report any activity that we believe to be illegal and we will respond to any verified requests relating to a criminal investigation from local and foreign law enforcement or regulatory agencies, other government officials or authorised third-parties.

17. LIABILITY

17.1        This clause 17 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:

(a)        arising under or in connection with this Agreement;

(b)        in respect of any use made by you of the Platform or any part of it; and

(c)        in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.

17.2        Except as expressly and specifically provided in this Agreement all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement.

17.3        Nothing in this agreement shall limit or exclude our liability for:

(a)        for death or personal injury caused by our negligence;

(b)        for fraud or fraudulent misrepresentation; or

(c)        any other liability that cannot be excluded or limited by English law.

17.4        Subject to clause 17.2 and clause 17.3:

(a)        we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and

(b)        our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with this Agreement shall be limited to the total fees paid by the User for the Platform during the 3 months immediately preceding the date on which the claim arose.  

17.5        You accept sole responsibility for the legality of your actions under laws applying to you.

18. DISPUTES & LEGAL DISPUTES

18.1        Any cause for complaint must be reported to us by the User as soon as it arises.

18.2        We encourage our Users to try and resolve any minor disagreements (i.e. day to day disagreements that don’t hold Models, Bookers or us liable for breach of contract) between themselves. Whilst we will use reasonable endeavours to ensure that the Model provides a satisfactory and efficient service to the Booker, we cannot be held responsible for a Model's conduct or behaviour whilst delivering the Modelling Services and in this regard we shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any Model.

18.3        If Users are unable to resolve any disputes, we may provide dispute resolution on a case-by-case basis. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales.

18.4        Once a Modelling Job is deemed complete in accordance with clause 4.5, no dispute may be raised by either party regarding the Modelling Job.

18.5        Details of all disputes must be logged in the App as evidence.

18.6        If a dispute arises between you and us, or a dispute arises that may lead to a breach of this Agreement or the Modelling Contract, we strongly encourage you to first contact our customer service team directly via www.modlapp.com/contact to seek a resolution.

18.7        In the event of us having to make a resolution decision, we will consider:

(a)        whether both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us; and

(b)        whether the Modelling Job was delivered in accordance with the Agreement, Modelling Contract or Modelling Job Listing, as appropriate.

18.8        In the event of us having to make a resolution decision on behalf of the parties, we will notify both parties within fourteen (14) days of the dispute. Any disputed fees will be dealt with in accordance with the decision and this Agreement.  Our involvement in the dispute will come to an end once our decision has been communicated to both parties.

18.9        We will not be responsible or involved in a dispute resolution capacity for any activity leading to loss, damage or liability of any form between the Model and Booker outside of the allotted times stated in the Modelling Job Listing.

19. RELEASE

If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

20. INDEMNIFICATION

You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (Indemnitees) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees) incurred by us and (if applicable) any Indemnitees resulting from or arising out of any breach by you of this Agreement, your improper use of our Platform, and/or your violation of any law or the rights of a third party.

21. CONTRACT AND AUTHORITY

21.1        All matters relating to the Modelling Services, the Modelling Job, Usage or Model Fees must be negotiated and agreed using the App.

21.2        The Booker shall not attempt to negotiate, nor allow others to negotiate, with Models directly, outside of the Platform. If the Booker or any third party acting on the Booker’s behalf or connected with them obtains the Model's signature on any document or the Model's purported verbal or written agreement (including in digital form) to anything, such document will not be binding on us or the Model until it is agreed by us (such agreement to be determined in our absolute discretion).

22. EVENTS OUTSIDE OUR CONTROL

22.1        We will not be liable or responsible for any delay in performing or failure to perform any of our obligations under this Agreement which is due to any cause beyond out reasonable control and which is unknown to, and cannot reasonably be anticipated by us including, without limitation, fire, flood or catastrophe, acts of God, insurrection, workforce action, war or riots (Event Outside Our Control) and our obligations under this Agreement shall be suspended for so long as the Event Outside Our Control continues and to the extent that it is so delayed. 

23. INTERPRETATION OF AGREEMENT

23.1        This Agreement applies to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the sale and supply of services or goods (including services ancillary thereto) by us and supersedes any other terms of the User and takes precedence over and overrides and excludes any other terms stipulated or incorporated or referred to by the User. The User acknowledges that there are no representations, statements or promises made or given by or on behalf of us outside of this Agreement which have induced the User to enter into this Agreement (which expression shall include any contract of which this Agreement forms part).

23.2        If there is any conflict between any of the clauses in this Agreement and the Modelling Contract, Modelling Job Listing or other booking confirmation, the terms of this Agreement shall prevail without detriment to the remaining unaffected terms of the Modelling Contract, Modelling Job Listing or other booking confirmation.

23.3        The Modelling Contract, Modelling Job Listing or other booking confirmation form part of this Agreement and shall have effect as if set out in full in the body of this Agreement.

24. GENERAL PROVISIONS

24.1        Website cookies

Like most interactive web sites, our Site uses cookies to enable us to retrieve User details for each visit. Cookies are used in some areas of our Site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. By using our Site and Platform you accept that we and our affiliate partners use cookies.

24.2        Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the User and their records may be passed to third parties. However, User records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all User records we keep, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

The parties agree to keep, and to instruct their agents, employees, advisers and sub-contractors with knowledge hereof to keep this Agreement strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances;

(a)        to enable enforcement of the party’s rights under these terms and conditions; or

(b)        as required by any applicable law.

24.3        Log files

We use IP addresses to analyse trends, administer the site, track User’s movements and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested and referral URL. This information is not shared with third parties and is used only within MODL Ltd on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

24.4        Links to and from the Site

If you create a link to a page of the Site, you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Site by linking to it.

We do not monitor or review the content of other parties’ websites which are linked to or from the Site. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these websites. We encourage our Users to be aware when they leave our Site and to read the privacy statements of other website. You should evaluate the security and trustworthiness of any other site connected to this Site or accessed through this Site yourself, before disclosing any personal information. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

24.5        Unsolicited ideas

We do not accept or consider any unsolicited ideas of any kind including but not limited to: new product ideas, new service ideas, business improvements, designs, names, images, assets, text.

We will own, and may make use of any unsolicited materials provided without restriction and for free without the need to acknowledge or compensate you.

24.6        Variation

            We may periodically make changes to this Agreement and shall notify you by posting a revised version of the agreement on our Site and emailing you at your registered email address. The revised agreement will become effective 14 days following such notice and         your continued use of our Platform will constitute acceptance of the revised agreement.

24.7        Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

24.8        Rights and Remedies

Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

24.9        Severance

If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

24.10      Entire agreement

This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.

24.11      Assignment

You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this agreement.

Nothing in this Agreement is intended or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name of or on behalf of or otherwise to bind the other in any way.

24.12      Third party rights

This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

24.13      Notices

Any notice required to be given under this agreement shall be in writing and sent to the User’s address as set out in their Account.

Such notice may be given by, and will be deemed received:

(a)        by first-class post: two business days after posting;

(b)        by airmail: seven business days after posting;

(c)        by hand: on delivery;

(d)        by facsimile: on receipt of a successful transmission report from the correct number; and

(e)        by e-mail: on receipt of a delivery or read receipt mail from the correct address.

24.14      Governing law and jurisdiction

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

 

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