Terms & Conditions (last updated September 10 2019)
The company operating and owning the website https://amaramodels.com through which the platform Amara Models is accessed (“the company”) makes no representation, warranty or guarantee as to the reliability, suitability, security, accuracy, quality, suitability, timeliness, operability, availability or completeness of their services, website or platform, nor that these will meet your requirements or expectations. The company does not warrant that their website, services or platform will operate in combination with any other hardware, system or data, that these will meet your requirements or expectations nor that these or the contents will be error-free, virus-free, reliable or accurate. The company makes no representation, warranty or guarantee as to the reliability, suitability, security, accuracy, quality, suitability, timeliness, operability, availability or completeness of any products, services or information obtained by you from third parties or others via the company, its services, website or platform, nor that these will meet your requirements or expectations.
The company’s services, website and platform is provided to you strictly on an “as is” and “as available” basis. All conditions, representations, warranties, whether express, implied, statutory or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement on third party’s rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company.
You acknowledge and agree that the entire risk arising out of your use of the company’s services, website, and platform, and any third party services or products remains solely with you.
For any question you can contact us at [email protected].
Terms of service
These terms of service apply to the company’s platform Amara Models, accessible through the website https://amaramodels.com. Please read these terms of service carefully. By accessing or using the company’s platform or website you agree to these terms of service, whatever is the purpose for which you access or use the platform or website. If you do not agree to these terms of service, you are not permitted to access or use the company’s platform or website. For any question related to these terms of service, you can contact us at [email protected].
In these Terms of service (“Terms”) the following words and expressions shall have the following meaning unless the context requires otherwise:
- We / us / our: the company operating and owning the website https://amaramodels.com, through which the platform Amara Models is accessed, registered with the Dutch chamber of commerce under number 61519103, under the trade name Alba, with its registered location in Amsterdam, The Netherlands.
- Platform: our online model booking platform Amara Models
- Website: our website that gives access to our Platform https://amaramodels.com
- You / your: any person accessing or using our Platform
- User(s): those who have an Account on our Platform
- Account(s): the combination of username and password, which gives access to a private and personal area on the Website of our Platform
- Model(s): Users with a Model Profile that is published on our Platform
- Model Profile(s): a Models’s (public) page on the Website of our Platform showing information about the Model and their Services
- Customer(s): Users with a Member Plan
- Plan(s) / Package(s): our (paid) services we offer on our Platform
- Service(s): the services that are offered by Models via our Platform
- Model Rate(s): the fee Models charge for their Services
- Booking(s): a request you make through our Platform for purchasing a Service with the Model
- Casting(s): a casting call of a Customer on the Platform which Models can apply to
- Shoot Date: the date as mentioned in a Booking and Booking Confirmation as the shoot date, and as such the date that the Services will be provided by the Model
- These Terms and any dispute or claim arising out of or in connection with it, shall be governed by the laws of The Netherlands and the competent court of Amsterdam has exclusive jurisdiction to settle any such dispute or claim.
- Section and paragraph headings shall not affect the interpretation of these Terms, they are here for reference only.
- You acknowledge and agree that, by accessing or using our Website or Platform, you are indicating that you have read these Terms and that you agree to be bound by them, whether or not you have (registered for) an Account. If you do not agree with these Terms, than you have no right to access the Website or use the Services.
- If you accept these Terms on behalf of a company, you represent and warrant that you have the authority to bind that company by these Terms, in which case “you”, “your” and “yourself” will refer to that company.
- In case any provision of these Terms should conflict with any provisions of your terms and conditions or of the terms and conditions of a transaction / Booking that has been made through our Platform, our Terms will prevail over these conflicting provisions.
- If one or more of the provisions in these Terms are invalid or set aside, we will replace these by provisions that are as closely related to the former provisions in purpose and tenor as possible and the remaining provisions shall remain applicable in full.
2. About us & the Platform
- We enable Models to have a Model Profile and offer their Services to Customers on our Platform.
- We enable Customers to accept Models’ Services, make arrangements and Bookings with Models.
- We do not offer any Model Services ourselves and are not a party to any arrangements, transactions or agreements entered into between Models and Customers.
- We do not employ or act on behalf of any Models or Customers
3. Accounts & Plans
- We give information about the possibility of registering for an Account on our Website and offer you to sign up for an Account.
- By registering for and using your Account, you indicate that you agree with these Terms.
- You may only register for an Account if you are at least 18 years of age and / or legally allowed to enter into a transaction.
- You agree to provide accurate, current and complete information about yourself and to update the information in your Account if needed to ensure it stays this way during the time you have an Account.
- You will get access to your Account immediately after registration, but for some parts of the Website access is restricted to certain Users.
- The content of Plans and Packages is explained on the Website.
- We review all newly purchased Plans and Packages, and may decide to cancel your purchase in the first month after purchase, in which case we will refund you any payment you have already made for that Plan or Package.
- Plans are automatically renewed each month, have recurring monthly payments and can be cancelled at any time through your Account or by sending us an email at [email protected]. After cancelling, we will stop the automatic renewals and monthly payments for the next period.
- Packages do not renew automatically and are sold for a one time fee.
- Costs and amounts paid for Packages and Plans are non-refundable.
- We may change the costs, content or conditions of our Plans and Packages. If you have an active Plan or Package at that time, you have the right to cancel immediately, without the right to get a refund of the past payments.
4. Model Profiles & content by Users
- On our Platform, we publicly display Model Profiles, in order to provide information about Models and give them a way to get Bookings.
- Users may publish content on the Platform, generally we do not check anything that is published by Users and they do so on their own responsibility.
- You guarantee that any content you publish on our Platform is free of intellectual property rights from others and indemnify us from any claims arising from infringement on the rights of others on your content.
- By publishing content, you grant us a license with the right to view, use, copy, adapt, modify, publish or distribute this content in order to promote our Platform and / or your Profile.
5. Bookings & Payments
- Unless otherwise specified, all prices in these Terms, on our Website or in our communication include VAT where applicable, which may also be a 0% reverse charge VAT, and are in euro.
- Eligibility of 0% Dutch reverse charge VAT will be established at checkout by verifying the VAT number and details you enter. If you are eligible to a 0% Dutch reverse charge VAT, we will not charge you any VAT on our costs.
- We provide you with a VAT invoice through the ‘Orders’ section in your Account for amounts you have paid to us for our Payment Fee, Plans and Packages.
- Models are responsible for any VAT and taxes on Model Rates, the Model Rate specified on our Platform and in communication are in euro and are expected to be including any VAT or other applicable taxes in the situation of the Model.
- In case you make a Booking through our Platform, you enter into a transaction directly with the Model. At the moment the Model or we have informed you that the Model has confirmed your Booking, the transaction between you and the Model has become finite.
- Solely the Model and Customer are responsible for honouring any confirmed Bookings and arrangements with each other.
- Unless otherwise agreed, Models use a cancellation policy for confirmed Bookings according to the following payment schedule for the Model Rate, which means that when you cancel a Booking you need to pay Models:
- up to 21 days before the Shoot Date: 0% of the Model Rate
- between 20 and 2 days before the Shoot Date: 50% of the Model Rate
- after that (1 or 2 days before the Shoot Date): 100% of the Model Rate
- Unless otherwise agreed, Customers who cancel a confirmed Booking are held to repay any (travel) expenses the Model has already made for the Booking with approval of the Customer.
- Models should not cancel a confirmed Booking, unless in case of force majeure. We may decide to cancel the Account of a Model in case of (too many) cancellations on their part.
- In case the Model does not deliver the Services as you as a Customer had expected or does not show up at the shoot, we ask you to inform us about this as soon as possible by email at [email protected] and will do our best to help solve the issues.
- Any provisions in this article that concern the transaction or agreement between Customers and Models are automatically incorporated into and form part of the conditions of that transaction or agreement.
6. Using the Platform
- You are not allowed to use our Platform for any purpose that is not permitted by these Terms.
- You are solely responsible for complying with and not violating any laws, rules, regulations and Tax obligations that may apply to your use of our Platform.
- Our Platform and Website are protected by copyright and other proprietary laws of The Netherlands and are our exclusive property.
- You are not allowed to display, mirror or copy our Platform, or any individual element of our Platform, the name Amara Models, Amara Members, our logo or proprietary information, or the layout and design of any page of our Website, without our express prior consent by email.
- In using our Platform, you may not infringe on the rights of any person or entity, including intellectual property, privacy or contractual right.
- You are responsible for safeguarding your Account with us and agree that you will not disclose your password to anyone.
- In case you suspect that someone may have discovered your password, you agree to immediately change your password and notify us by email to [email protected] if you become aware of unauthorised use of your Account.
- You are not allowed to use any manual or automated software, viruses, harmful code, devices, scripts, robots or similar ways to damage, crawl, scrape or spider our Website.
7. Cancelling your Account
- In case we believe you are violating these Terms, we have the right to terminate your Account immediately, in which case you will no longer be able to use your Account. Member Plans and Packages will be cancelled immediately without any refund of paid amounts.
- You have the right to cancel your Account at any time by sending us an email at [email protected]. Member Plans and Packages will be cancelled immediately without any refund of paid amounts.
- After cancellation of an Account, we will delete your personal information and any contents you may have published at least after six months after receiving your request for cancellation, if not sooner.
- Any risk arising out of or in connection with accessing or using our Platform remains with you, we are not liable and will not aggregate any liability for any direct or indirect damages, including lost profits, loss of data or goodwill, service interruption, computer damage, system failure or for any personal injury or emotional distress.
- We are not liable for the inability to use the Platform, including inability due to the unavailability to access or use our Platform, Website or your Account.
- We disclaim all liability arising from or related to any transaction or agreement between Customers and Models, except for the obligation to pay to Models any Model Rates a Customer has paid to us that are due for the Model.
- You agree to release, defend, indemnify and hold us harmless from any claims, liabilities, damages, losses and expenses arising out of or in any way connected with your access to or use of our Platform, Website or your Account, whether or not it be related to your content, Bookings or interaction with other Users.
- In any cases where liability should be established with us, the compensation for damage arising from the event that caused our liability shall be limited to a maximum of 100 euro per event.
- A sequence of related events will be regarded as one event.