Terms and Conditions for use of imieti.com

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General terms and conditions for the use of website imieti.com and mobile application.

By logging on to website imieti.com and mobile application accept the following General Terms and Conditions (hereinafter the “GTCs”) for using website imieti.com and mobile application.

The Provider enters into this agreement on the use of website imieti.com and mobile application services with Caldoc Systems. Additional contact information, commercial registry data, as well as the name of the authorized representative of website imieti.com and mobile application are accessible via here

A. DEFINITIONS
“Clients”: Photographers, brands, Model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry clients and spectators visiting or using website imieti.com or mobile application;

“Providers”: Individuals offering Services on website imieti.com and mobile application;

“B-Clients”: Photographers, brands, Model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry Clients and spectators that are registered users on website imieti.com or mobile application and that use the Booking System;

“B-Providers”: Providers of legal age (18 years-old and older) that are subscribed to website imieti.com or mobile application and that use the Booking System;

“GTCs”: General Terms and Conditions for the use of website imieti.com and mobile application by Providers, including Sections A to C.

“GTCs Booking System”: General Terms and Conditions accepted by Providers and Clients for the use of the Booking System.

“Booking System”: Feature on website imieti.com through which registered Clients are able to book a Provider of legal age (18 years old or over) for a certain job;

“Website”: imieti.com.

“Mobile application”:. “Registration Fee”: Total amount that users must pay by credit card or bank transfer on website imieti.com for registration to use all the features of imieti.com;

“Agreed Date”: End date of the job requested by the B-Professional to the B-Provider through the Booking System and that has been agreed between both of them;

“Start Date”: Start date of the job requested by the B-Professional to the B-Provider through the Booking System and that has been agreed between both of them;

“Agreed Fee”: Fee agreed between the B-Professional and the B-Provider for the job requested by the B-Professional to the B-Provider through the Booking System.

B. USE OF website imieti.com and mobile application
1. Subject Matter
1 . 1 website imieti.com and mobile application offers Providers a platform for presenting their profiles and photo books and for arranging business contacts, particularly with clients.

1 . 2 Certain limited features of website imieti.com and mobile application are offered for free, while the use of the full range of services requires the registration fee. Details about the applicable registration fees for the use of website imieti.com and mobile application by Providers are set forth under 'Fees'. The fees listed thereunder are binding. The applicable registration fee for the service chosen by the Provider shall be due immediately upon registration on website imieti.com and mobile application. Payments can be made using the various payment methods, or the available online payment systems. The Provider may start using the Premium Services if and when website imieti.com and mobile application has received the applicable registration fee.

1 . 3 The Provider acknowledges and agrees that it is technically impossible to achieve 100% availability of website imieti.com and mobile application. website imieti.com and mobile application shall nonetheless endeavor to keep website imieti.com and mobile application available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond website imieti.com and mobile application control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on website imieti.com and mobile application.

1 . 4 Website imieti.com and mobile application provides Providers with a platform on which to establish contact with other persons or entities, in particular Model agencies. website imieti.com and mobile application does not take part in any communication between Providers and/or any other users of its services. If users enter into agreements with one another via website imieti.com and mobile application, website imieti.com and mobile application shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. website imieti.com and mobile application shall not be held liable if users are unable to contact one another over website imieti.com and mobile application regarding such agreements. Furthermore, website imieti.com and mobile application shall not be liable for breaches of agreements entered into between users.

2. Registration on website imieti.com and mobile application
2 . 1 Providers must register prior to using the services of website imieti.com and mobile application.

2 . 2 The Provider shall only provide accurate and complete data for registration. The registration data include an alias (online) name to be chosen by the Provider for public display with the Provider’s profile, whereas the Provider’s real name may be made publicly available. The Provider shall report any changes in the registration data to website imieti.com and mobile application without undue delay.

2 . 3 The sign-up to the platform by persons of minor age is not allowed, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their care, in accordance with the applicable regulations. In any case, it will be presumed that the sign-up to the platform imieti.com or mobile application by a person of minor age has been made with the prior and express authorization of his/her parents, guardians or legal representatives. For preliminary information on the legal age in each country, see the attached Wikipedia-page

2 . 4 The Provider shall choose a password upon registration, which is needed in order to access his/her account on website imieti.com and mobile application. The Provider is obliged to keep this password secret. Website imieti.com and mobile application shall not disclose the password to any third party and website imieti.com and mobile application’S employees shall not ask for the Provider’s password at any time. The Provider shall notify website imieti.com and mobile application immediately of any unauthorized use of his/her password or account.

2 . 5 By completing the registration process, the Provider accepts these GTCs on the use of the services of website imieti.com and mobile application. website imieti.com and mobile application accepts this offer by activating the services on website imieti.com and mobile application.

2 . 6 It is agreed that once the Provider completes profile information such as gender, ethnicity, age etc, these will be shown publicly.

3. Obligations of the Provider
3 . 1 The Provider is obliged to provide only true and non-misleading statements in his/her profile and in communications with other users.

3 . 2 The Provider shall post on website imieti.com and mobile application only photographs, videos, content and other materials (the “Content”) that are in compliance with the guidelines for photographs published by website imieti.com and mobile application under “guidelines”. The Provider warrants and represents that the public display of such Content is not prohibited. The Provider agrees that Trusted Photographer may directly upload photos and videos of the Provider that they take.

3 . 3 The Content posted by the Provider shall comply with all applicable legislation, and respect all third-party rights. In particular, the Provider shall not: (i) post any pornographic, insulting or defamatory Contents, or any Contents that violate any applicable legislation for the protection of minors; (ii) advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors; (iii) use without authorization any Contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).

3 . 4 The Provider shall not distribute or publicly disclose the contents of website imieti.com and mobile application, or perform any actions which may impair the operability of website imieti.com and mobile application’s infrastructure, particularly actions which may overload said infrastructure.

3 . 5 The Provider agrees that website imieti.com and mobile application may use his/her name and a customer reference, e.g. in publications about success stories, and may publicly disclose and advertise the fact that the Provider is using website imieti.com and mobile application.

4. Changes to the Services on website imieti.com and mobile application
website imieti.com and mobile application reserves the right to modify the services offered on website imieti.com and mobile application and/or to offer services different from those offered at the time of the registration of the Provider at any time, unless this is unreasonable for the Provider.

5. Termination of registration
5 . 1 The Provider may terminate his/her registration to website imieti.com and mobile application at any time without cause. The Provider may delete the account visiting his/her profile page and clicking on the button “Delete account”.

The registration to website imieti.com and mobile application shall terminate automatically in case the Provider does not pay the registration fee for the renewal of its registration as and when due as set forth under “fees”.

5 . 2 During any term for which a Provider has paid the applicable registration fee, website imieti.com and mobile application may only terminate such registration for good cause. A “good cause” is defined as an event which makes it unacceptable for website imieti.com and mobile application to continue the registration to the end of the registration period, taking into account all circumstances of the individual case and weighing the interests of website imieti.com and mobile application against those of the Provider. A good cause includes, among others, any the following events:
If the Provider fails to comply with any applicable legal provisions;
If the Provider breaches a material contractual obligation set forth in these GTCs;
If the Provider causes harm to any other user(s) of website imieti.com and mobile application;
If website imieti.com and mobile application considers that the Provider is involved in any immoral activity;
If the Provider makes any changes or removes information in his/her profile which could affect his/her status.

5 . 3 In the event of a good cause in accordance with section 5.2, website imieti.com and mobile application is entitled to:
Delete the contents posted by the Provider
Issue a warning, or
Block the Provider’s access to the services on website imieti.com and mobile application.

5 . 4 In the following cases, the Provider shall not be entitled to claim reimbursement of any registration fees paid:
If website imieti.com and mobile application has terminated the contract for good cause pursuant to section 5.2,
If website imieti.com and mobile application has blocked the Provider’s access in accordance with section 5.3, or
If the Provider has terminated the agreement. However, the Provider’s right to claim reimbursement of any registration fees shall not be excluded in this case if the Provider has terminated the agreement for a good cause attributable to website imieti.com and mobile application.

6. Responsibility for the Provider’s Content, Data or other Information
6 . 1 website imieti.com and mobile application does not make any warranties or representations regarding any data and/or information provided or made available by any user on website imieti.com and mobile application. In particular, website imieti.com and mobile application does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

6 . 2 he Provider shall report any activities of any other user which violate applicable laws, and/or any of these GTCs using the contact form available on website imieti.com and mobile application.

7. Customer Service/Support
Queries regarding the agreement with website imieti.com and mobile application or regarding website imieti.com and mobile application’s services may be sent to website imieti.com and mobile application using the contact form available on website imieti.com and mobile application or by sending an e-mail to support@imieti.com.

8. Liability of website imieti.com and mobile application
website imieti.com and mobile application (including its vicarious agents) shall only be liable for damages suffered by the Provider as a consequence of its registration to website imieti.com and mobile application if website imieti.com and mobile application is in material breach of these GTCs and has not cured such breach (if capable of being cured) despite a reasonable cure period set by the Provider.

9. Indemnity
9 . 1 The Provider shall indemnify and hold website imieti.com and mobile application harmless from and against all actions, including damage claims, asserted by other users or third parties against website imieti.com and mobile application resulting from an infringement of their rights by the Contents posted by the Provider on website imieti.com and mobile application. The Provider assumes all reasonable costs website imieti.com and mobile application incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of website imieti.com and mobile application, including the right to claim damages, shall remain unaffected.

9 . 2 In the event the Contents posted by the Provider infringes any rights of any third party, the Provider shall, at his/her own expense and at website imieti.com and mobile application’s discretion, either obtain the right to use said Contents or render said Contents free of any infringement.

10. Data Protection
Website imieti.com and mobile application recognizes that any personal data provided by the Provider to website imieti.com and mobile application is extremely important to the Provider, and website imieti.com and mobile application shall therefore be particularly sensitive in handling such data. Website imieti.com and mobile application shall comply with all applicable legal provisions regarding data protection. In particular, website imieti.com and mobile application shall not provide or otherwise disclose any personal data of the Provider to any third party without authorization. Details on website imieti.com and mobile application's treatment of the User's data are set forth in the Data Protection Policy of website imieti.com and mobile application.

11. Feedback, Reputation and reviews
Providers accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to website imieti.com and mobile application. Providers acknowledge that they cannot use this feedback without prior written permission of website imieti.com and mobile application.

12. Taxes
Providers are responsible for paying their own taxes. Legal VAT, according to the Law of Nigeria, will be added to fees billed to Providers, if applicable.

13. Language
Providers accepting the GTCs for using website imieti.com and mobile application declare that they fully and perfectly understand the content of the English version of these GTCs.

14. Miscellaneous
14 . 1 Any amendments to these GTCs must be made in writing in order to be valid.

14 . 2 Website imieti.com and mobile application reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Provider. website imieti.com and mobile application shall give due notice of any amendments of these GTCs to the Provider. If the Provider does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Provider. website imieti.com and mobile application shall inform the Provider about the Provider's right to object and of the relevance of the objection deadline in said notice.

14 . 3 Unless otherwise stated in these GTCs, the Provider may submit all notices to website imieti.com and mobile application using the contact form provided on website imieti.com and mobile application, or by sending an e-mail to support@imieti.com.

14 . 4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which comes as close as possible to the intent and economic purpose of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.

C. BOOKING SYSTEM OF imieti.com
The Booking System is a feature on website imieti.com through which registered Clients (herein after “B-Clients”) are able to book subscribed Providers of legal age (herein after “B-Providers”) for a certain job.
B-Providers and B-Clients accept the following General Terms and Conditions for using the Booking System of website imieti.com:

1. General Terms and Conditions for the use of website imieti.com
These General Terms and Conditions for the use of the Booking System (herein after “GTCs Booking System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Booking System (Section C).

2. Use of the Booking System
2 . 1 B-Clients shall make an offer to book a Provider through the Booking System. To this end, B-Clients must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete B-Provider through website imieti.com. This form is available on the Website.

2 . 2 If the B-Provider and the B-Professional reach an agreement for the specific terms and conditions for the job, including the fees, the B-Professional is obliged to pay through website imieti.com:

The Fee agreed between the B-Professional and the B-Provider (herein after the “Agreed Fee”); Plus a 10% of the Fee, corresponding to a commission for website imieti.com; Plus the legal VAT, according to the Law of Nigeria, on the commission, if applicable. Value Added Taxes are charged to EU residents unless the B-Professional provides to website imieti.com a valid VAT number. Herein after the “Total Price”.

2 . 3 The commission earned by website imieti.com is for:
creating, hosting, maintaining, and providing its Website;
the delivered services that website imieti.com makes accessible through its Website;
and to cover expenses and fees that website imieti.com incurs to banks, credit card companies, PayPal and payment processors.

3. Method and conditions of payment
3 . 1 The currency of the Agreed Fee is agreed between the B-Professional and the B-Provider, not limited to USD, EUR or GBP. The Total Price is charged in the same currency.

3 . 2 The payment of the Total Price by the B-Professional must be made by PayPal or credit card through the mechanisms available on the Booking System of website imieti.com. Additional fees may be charged to B-Clients by website imieti.com for the use of payment processors.

3 . 3 imieti.com takes and holds the money paid through the Booking System and only releases it 48 hours after the agreed end date between the B-Professional and the B-Provider for completing the job, herein after the “Agreed Date”.

3 . 4 Of the Total Price paid by the B-Professional, imieti.com deducts the commission, which covers the expenses and fees that imieti.com incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the B-Provider no later than 48 hours after the Agreed Date.

If imieti.com is informed by the B-Provider or by the B-Professional of a dispute between them regarding the job completion or if there are technical problems, imieti.com will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the B-Provider and the B-Professional, or the technical problems are not solved within 1 month after the Agreed Date, imieti.com will charge the Total Price 1 month after the Agreed Date and transfer to the B-Provider the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the B-Provider and the B-Professional will have to be solved judicially and extra-judicially with no intervention of website imieti.com.

3 . 5 imieti.com may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the B-Professional will have to pay the owed amount to imieti.com.

4. Cancellations and refunds
4 . 1 B-Providers may cancel the booking at any time within the booking date and the Agreed Date. If the B-Provider cancels the booking, the Total Price paid to imieti.com is refunded to the B-Professional no later than 14 days after the notification of the cancellation to imieti.com.

If the B-Provider cancels the booking it is the responsibility of the B-Professional to notify the cancellation to website imieti.com no later than 24 hours after the Agreed Date.

4 . 2 B-Clients may cancel the booking before the B-Provider delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the B-Professional to the B-Provider through the Booking System and that has been agreed between both of them (herein after the “Start Date”).

If the B-Professional cancels the booking before the B-Provider delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: imieti.com charges the commission of the Clause 2.2 (Section C) and the corresponding legal VAT on the commission, if applicable, and refunds the rest of the Total Price to the B-Professional no later than 14 days after the notification of the cancellation to website imieti.com;

If the B-Professional cancels the booking less than 7 days before the Start Date or later or once the B-Provider has delivered to him/her any of the services agreed between them, the Total Price is charged by imieti.com. imieti.com will then follow the procedure stated in Clause 3.4.1 (Section C).

5. Intervention of imieti.com in the transaction
5 . 1 If the B-Professional effectively books a Provider through the Booking System, the persons intervening in this process are the Professional, the Provider and imieti.com.

5 . 2 The intervention of imieti.com in the transaction is only for the following purposes:
To provide, host and maintain a list of Providers on the Website in order to enable the Clients to select Providers for the services that they may require;
To supervise that the B-Professional correctly pays the Total Price;

5 . 3 imieti.com is only an intermediary. The agreement is reached by the B-Provider and the B-Professional without any recommendation of website imieti.com. imieti.com does not take any decision on the suitability of a B-Provider for a certain job. The only persons responsible of the decision and of the adequacy of the services of a B-Provider for a concrete job are the B-Professional and the B-Provider.

If any worker of imieti.com makes any remark regarding the work of a Provider or its suitability for a job in any means of communication, including imieti.com website, these will be considered as simple personal opinions, for which imieti.com and/or its workers will not be held responsible.

imieti.com is not responsible for the job carried out by the B-Provider. B-Clients and B-Providers agree and acknowledge that website imieti.com is not responsible of any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Professional and the B-Provider, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.

5 . 4 B-Providers and B-Clients agree and acknowledge that the relationship between them is that of independent contractors.

5 . 5 B-Agents and B-Providers agree and acknowledge that imieti.com is not responsible for:
any expenses, including travelling and food expenses, incurred by the B-Provider or the B-Professional;
the correct completion of the job;
the veracity or accuracy of any document or information given between the B-Provider or the B-Professional;
and the use by the B-Providers and/or the B-Professional of the information and documents exchanged between them.

5 . 6 imieti.com does not offer any form of insurance since the Website and Application only provides an online venue for B-Clients to make and offer and buy services of B-Providers.

5 . 7 Depending on the applicable jurisdiction, B-Providers and B-Clients may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.

6. Complaints and Disputes
6 . 1 B-Clients can raise any complaints that they may have regarding the completion of the job by the B-Provider to imieti.com up until 24 hours after the Agreed Date.

If imieti.com receives the complaint within the above mentioned period, the Total Price paid by the B-Professional is held by imieti.com and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to imieti.com and no agreement is reached between the B-Provider and the B-Professional regarding the complaint, the Total Price is released by imieti.com. imieti.com will transfer to the B-Provider the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after;

If imieti.com receives the complaint after the abovementioned period, the Total Price is charged as specified in Clause 3.3 (Section C). imieti.com will then follow the procedure stated in Clause 3.4.1 (Section C) and any dispute that may arise between the B-Professional and the B-Provider shall be solved judicially or extra-judicially by them. B-Clients acknowledge and accept that if the complaint is made after the abovementioned period, the commission of imieti.com will not be refunded in any case.

6 . 2 When any dispute regarding the agreement reached between the B-Professional and the B-Provider through the Booking System arises:

The B-Professional and the B-Provider commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including imieti.com.

If the B-Professional and the B-Provider reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to imieti.com.

If the B-Professional and the B-Provider do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of imieti.com.

6 . 3 B-Clients and B-Providers agree and acknowledge that imieti.com does not provide legal services or legal advises of any kind.

7. Refund Policy
Refund policy for website imieti.com users:

The Provider can request the reimbursement of their payment for a service within the period established by law(7 DAYS).

Refunds on services contracted for a period of time after the said 7 day period, cannot be made.

Refunds on memberships renewals cannot be made.

Refunds can be offered only if the user did not apply to more than 1 casting and did not initiate conversations with any Providers or Clients using messaging features on imieti.com.

A full refund will be offered to Providers that have an account which can’t be approved.