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Terms of Use (Clients and Models) 

The Terms of Use stated herein constitute a legal agreement between you and [Modello Search Sdn Bhd] (the “Company”). Please read these Terms of Use (“Terms”, “Terms and Use”) carefully before using the Modello application (the “Service”). Modello and its Services are provided by [Modello Search Sdn Bhd]. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use and all the conditions stated herein. If you do not agree to or fall within the Terms of Use and wish to discontinue using the Service, please do not continue using this Application or Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. 

Subscriptions / Accounts 

The Services are offered on subscription basis. 

When you subscribe to our Service and / or create an account with us, you must ensure that the information provided to us is accurate, complete, and current at all times. Failure to do so constitutes a material breach of the Terms of Use, which may result in immediate termination of your account on our Service. 

You are responsible for safeguarding the password that you use to access the Service or any third-party service. 

Content 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the legality, reliability and truthfulness of the Content that you post to the Service, and warrant that you have the right to share or post the Content in the first place. 

By posting Content to the Service, you grant to Modello Search Sdn Bhd a non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such 

Content on and through the Service. All intellectual properties rights to any Content you submit shall remain with you. 

You agree that this license includes the right for us to make your Content available to other Users / Members of the Service who may also use your Content subject to these Terms of Use. 

For Models, you represent and warrant that: 

  • (i)  you are the copyright owner of the Content, or the Content is copyright free and / or you have the right to use it and grant us the rights and license as provided in these Terms of Use;
  • (ii)  the posting of any Content on or through the Service does not violate the rights or any third parties;
  • (iii)  all information posted and shared through Modello (whether between Users / Members or between Users / Members and Clients) are accurate and true, including description of your relevant experience, expertise and abilities.
  • (iv)  you will honour all engagements taken up and confirmed through the Service and shall be solely responsible in the event the engagement could not be fulfilled for any reason whatsoever, and that you agree to indemnify Modello Search Sdn Bhd from any losses to third parties (including Clients) arising from failure to complete any engagement.
  • (v)  you possess all necessary skill or equipment to complete any assignment advertised.
  • (vi)  you have your own transport and/ or you are able to travel to the venue of engagement at your own costs. Clients are not responsible to reimburse your travel costs unless the
    same is expressly stated otherwise in the advertisement posted through the Service.

For Clients, you represent and warrant that: 

  • (i)  your offers made through the Service are genuine and that you will honour all offers made through your advertisement engagement or jobs.
  • (ii)  you will only access, view or use the Content or personal information posted by other Users / Members on the Modello application for purposes of evaluating the Models with a view of deciding whether to engage the Models, and shall not use the Content or

any other personal information posted by other Users / Members for any other purposes without prior consent or approval from the Users / Members. 

Copyright Policy 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If we receive a complaint that any Content posted by you violates or infringes third party rights, we will forward the complaint to you for you to respond. If the complaint turns out to be true, your Content may be removed from the application / Service. 

If you suspect that any Content posted on the Modello application infringes your intellectual property rights, you may submit a written notice of complaint to hello@modello.my and include in your notice a detailed description of the alleged act(s) of infringement. Modello will then issue a notice to the person who posted the Content for a response to your claims. If it is proven that the Content posted infringes your intellectual property rights, Modello shall take immediate steps to remove the said infringing Content. However, in the event of a baseless complaint against a third party or in the event of any misrepresentation made vide the complaint notice, you may be held accountable for damages (including legal costs) to Modello Search Sdn Bhd and / or third parties. 

Intellectual Property 

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Modello Search Sdn Bhd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Malaysia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Modello Search Sdn Bhd. 

Termination 

Modello Search Sdn Bhd reserves the right to terminate your subscription / account at its sole discretion, including but not limited to acts in breach of the Terms of Use. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. 

Limitation of Liability
In no event shall Modello Search Sdn Bhd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

Disclaimer 

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance. 

Internet Delays 

THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS. 

Governing Law 

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Any failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes will be notified to all registered Users / Members via instant messaging within the application. The latest version of the Terms shall always be displayed on the application. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. 

Contact Us 

If you have any questions about these Terms, please contact us at hello@modello.my