Subscriptions / Accounts
The Services are offered on a subscription basis.
You are responsible for safeguarding the password that you use to access the Service or any third-party service.
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.
For Models, you represent and warrant that:
(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 a 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 skills 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 cost. 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.
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 email@example.com 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.
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 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.
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.
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.
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.
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.
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.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org