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Terms & Conditions for Finda Global Ltd trading as iDAL

Updated 21th October, 2020

INTRODUCTION

These terms of use apply to the use of the iDAL Platform. They essentially say that you must behave appropriately and responsibly whilst using the iDAL Platform. The iDAL privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found here: https://www.idal.co/privacy.

  1. ABOUT THE PLATFORM AND THESE TERMS OF USE

    1. https://www.idal.co (the “Platform”) is a Platform and online service owned and operated by FINDA Global Limited., a company registered in England and Wales under Company Number 11208182 with its office at First Floor South, 107-109 Great Portland St, London W1W 6QG (“iDAL”, “we”, “us” or “our”).
    2. The Platform enables clients and models to connect with each other for modelling jobs.
    3. These terms of use apply to all use of the Platform and form a legal agreement between you and iDAL.
    4. By using the Platform you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Platform if you are under 18.
    5. We may make alterations to these terms of use from time to time, in which case we will notify you by email.
  2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

    1. Subject to these terms of use, you may use the Platform solely for your personal non-commercial use to:
      1. Discover and connect with models and view pages from our Platform in a web browser;
      2. Download pages from our Platform for caching in a web browser; and
      3. Print pages from our Platform.
    2. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Platform belong to and vest in us, or are licensed to us.
    3. Unless you own or control the relevant rights in the material, you must not sell, rent or sub-license material from our Platform or exploit material from our Platform for a commercial purpose.
    4. We reserve the right to restrict access to areas of our Platform, or indeed our whole Platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.
    5. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.
  3. RESTRICTIONS AND OBLIGATIONS

    1. You agree to comply with these terms of use and all rules applicable to the use of the Platform.
    2. You will not:
      1. Hack, modify, reverse engineer or create derivative works of the Platform or any part of it;
      2. Use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform;
      3. Use our Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      4. Use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      5. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent;
      6. Access or otherwise interact with our Platform using any robot, spider or other automated means;
      7. Gain unauthorised access to any part of the Platform;
      8. Remove, modify or obscure any copyright, trade mark or other proprietary notices on the Platform;
      9. Create software which replicates or mimics the data or functionality in the Platform;
      10. Use your access to the Platform for the sending of direct marketing (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or otherwise use data collected from our Platform to contact individuals, companies or other persons or entities;
      11. Make any part of the Platform available to a third party who does not agree to these terms of use;
      12. Copy or exploit any part of the Platform or the content it contains other than as expressly permitted by these terms of use;
      13. Use the Platform or any part of it unfairly or for any illegal or immoral purpose; or 3.2.14 Attempt to do any of the acts listed above.
  4. COMMUNICATIONS

    1. The Platform enables the display of your own or third party content (“User Content”) without review or moderation. The Platform is therefore a host of User Content.
    2. The views expressed in any User Content are the views of the individual authors and not those of iDAL unless specified otherwise by iDAL.
    3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
    4. By using the Platform you acknowledge that iDAL has no responsibility to review the content of any User Content and that all User Content is made available on the basis that iDAL is not required to exercise any control or judgement over User Content.
    5. If you submit data, messages, audio, video, textual or other content through the Platform such as through an upload feature on a platform, discussion forum, comments on a blog post, or otherwise then:
      1. You grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Platform; and
      2. You agree to comply with our User Content Guidelines as set out in Schedule 1.
    6. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. iDAL CONDUCTS AN INITIAL IDENTITY VERIFICATION PROCESS WHEN USERS CREATE A PROFILE ON THE PLATFORM HOWEVER iDAL HAS NO WAY OF GUARANTEEING IF SUBSEQUENT STATEMENTS MADE BY USERS ON THE PLATFORM ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY PLATFORM. BY USING THE PLATFORM YOU ACCEPT THAT YOU USE THE PLATFORM AT YOUR OWN RISK.
  5. LIABILITY

    1. iDAL provides and maintains the Platform on an “as is” basis and is liable only to provide its services with reasonable skill and care.
    2. iDAL only uses External Sites, which it deems to be legitimate, as mentioned in its Privacy Policy. However, External Sites have not been verified or reviewed by iDAL and all use and access of External Sites is made at your own risk. “External Sites” means third party Platforms and online services to which the Platform links.
    3. iDAL gives no other warranty in connection with the Platform or its content or any External Sites and to the maximum extent permitted by law, iDAL excludes liability for:
      1. Any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which iDAL has been made aware;
      2. The accuracy, currency or validity of information and material contained within any User Content or the Platform;
      3. Any interruptions to or delays in updating the Platform;
      4. Any incorrect or inaccurate information on the Platform;
      5. The infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Platform;
      6. The availability, quality, content or nature of External Sites;
      7. Any transaction taking place on External Sites;
      8. Any transaction with any third party retailer taking place on the Platform;
      9. Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Platform or any part of it, or any User Content; and
      10. All representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.
    4. iDAL does not warrant that the operation of the Platform will be uninterrupted or error free.
    5. iDAL will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.
    6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
    7. You agree not to use the Platform in any way which is:
      1. Unlawful;
      2. May give rise to civil or criminal liability for iDAL; or
      3. Which might call iDAL into disrepute.
  6. TERMINATION

    Without limiting any other rights it may have, we may cancel or suspend access to the Platform if you breach any of these terms of use.
  7. GENERAL

    1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit iDAL’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.
    2. These terms of use, including our privacy policy, constitute the entire agreement between you and iDAL relating to your use of the Platform, to the exclusion of any other terms.
    3. Failure to enforce any term does not constitute a waiver of that term.
    4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
    5. The Platform is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Platform complies with the laws of any other country.
    6. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
    7. We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Platform.
    8. All questions, comments or enquiries should be directed to us. We will try to respond within 48 hours.
  8. ADDITIONAL TERMS FOR A CLIENT

  9. REGISTER WITH US

    1. In order to use our Platform as a client, you will need to create and verify a profile on the Platform.
    2. Once you have registered, filled in all necessary information and uploaded your ID for verification, our dedicated team will carefully check your details and notify you if your profile has been approved.
    3. By registering with us, you agree to be bound by these terms of use in relation to your use of the Platform.
    4. You agree to take care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity.
  10. MAKING A BOOKING

    1. Once you have been verified on the Platform you can make a booking by creating a new project on the Projects page and filling out all the necessary information (including dates, rates and usage rights for the imagery or video produced for your project).
    2. Once a booking has been confirmed with a model, you will be sent a confirmed Booking Form containing the details of a booking, together with the Booking Terms setting out the terms and conditions upon which you contract with a Model in relation to a Project. The Booking Form and Booking Terms constitute the contract between you and the Model.
    3. You must only use the products of the Models services (for example, images or videos) in accordance with the usage rights set out in the Booking Form. If you would like to extend these usage rights, you must purchase them through the Platform. You must not purchase them directly from the Model.
  11. PAYMENT

    1. iDAL charges a Platform service fee 10% of the project fee and VAT for each direct booking made by a client using the Platform (“Booking Fee”).
    2. Once a booking has been secured with a model, confirmations are issued and payment for the project will be taken through either of the following options: (i) A third party payment service provider, Stripe, available for all of our verified clients. (ii) Payment by invoice, available to selected clients through prior written agreement with iDAL. If this method is available to you, you will see ‘pay by invoice’ button on the Payments page. Payments by invoice are processed by a third party provider Fire.com, which allows us to distribute money to models on the same day as payment is made. We accept the majority of payment cards such as Visa, MasterCard or American express. Payments will be held in an iDAL client account. Upon completion of the booking, payment of the Booking Fee, any disbursements or payments to models will be made automatically. You will be able to access invoices via the Platform and you will need to pay the invoice in accordance with the payment terms set out in the Platform.
  12. BESPOKE NON-PLATFORM BOOKING SERVICE

    1. iDAL also offers a consultancy and project management service, independently of the Platform, for which iDAL charges a consultancy and project management fee of 20% of the project fee. If you are interested in this service, please reach out to our agent team at hello@idal.co to seek this service or send a brief directly to any of our agents.
  13. CANCELLATION

    1. Cancellation of a Project is subject to the cancellation provisions set out in the Booking Terms.
  14. ADDITIONAL TERMS FOR A MODEL

  15. REGISTER WITH US

    1. In order to use our Platform as a model, you will need to create and verify a profile on the Platform.
    2. Once you have registered, filled in all the necessary information and uploaded your ID for verification, our dedicated team will carefully check your details and notify you if your profile has been approved.
    3. By registering with us, you agree to be bound by these terms of use in relation to your use of the Platform.
    4. You agree to take care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity.
    5. Once you have confirmed a booking, you will be sent a confirmed Booking Form containing the details of a booking, together with the Booking Terms setting out the terms and conditions upon which you contract with a client in relation to a Project. The Booking Form and Booking Terms constitute the contract between you and the client.
  16. PAYMENT

    1. iDAL charges a Platform service fee of 10% of the project fee for each direct booking made through the Platform (“Model Fee”). However, in the event that iDAL is appointed as your manager (by signing a Management Agreement with iDAL, the Model Fee may differ.
    2. For confirmed Projects which you complete to the Client's satisfaction, you will be paid the sums actually received by iDAL, less the Booking Fee, into your bank account within 30 days of completion of the booking.
    3. iDAL will not be responsible for any incorrect or inaccurate bank details supplied via the Platform. In the event of non-payment by the Client, iDAL shall use reasonable efforts to obtain payment, although iDAL shall not be liable to you in the event of non-payment.
    4. Payment will be made via third party payment provider, Stripe or Fire.com.
  17. CANCELLATION

    1. Cancellation of a Project is subject to the cancellation provisions set out in the Booking Terms. The default terms contained in the Booking Terms are;
      1. If a project is cancelled by a client at least 48 hours prior to the project start date and less than 4 weeks before the project start date, you will receive 10% of the full project fee. The payment shall be transferred to your account once the client has made the payment.
      2. If a client cancels your job less than 48 hours from the project start date you will receive 100% of the project fee. The payment shall be transferred to your account once the client has made the payment.
      3. If a client cancels your job more than 4 weeks before the project start date and you won't receive any fee.

Stripe Connected Account Agreement

Payment processing services for Brands and Models on iDAL are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Brand or Model on iDAL, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of iDAL enabling payment processing services through Stripe, you agree to provide iDAL accurate and complete information about you and your business, and you authorize iDAL to share it and transaction information related to your use of the payment processing services provided by Stripe.

CONTACTING US

If you have any questions or concerns about our Services or these Terms, you may contact us by email at support@idal.co.

020 8187 7737 / +1 315-616-3303 iDAL

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