Terms and Conditions

These Terms and Conditions are an electronic record in the form of an electronic contract formed under the information Technology Act, 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information Technology Act, 2000 and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 amended from time to time, that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website or App. These Terms and Conditions do not require any physical, electronic or digital signature.

These Terms and Conditions is a legally binding document by and between you & the Filmkar platform (both terms defined below).

The terms “We” / “Us” / “Our” / ”Company” individually and collectively refer to the Filmkar platform run by Engage Coders Private Limited and the terms “You” /”Your” / “Yourself” refer to the users.

This page states the Terms and Conditions under which you (Visitor) may visit this website (“www.Filmkar.com”) or installing the “Filmkar” or “Gift a Wish” app. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. Filmkar, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website or its Apps.

These Terms and Conditions govern:

1. Use and access of the Site (as defined below) under Part–A,
2. As well as the provisions of services under Part–B,
3. And general relationship under Part–C.

1. Scope

www.filmkar.com, including all sub–domains and mobile apps thereof (collectively, hereinafter called the “Site”) is owned and operated by Filmkar. The Site provides online booking, promotional tools and networking platform for artists, models, photographers, anchor, stylist (referred to as “Talent”), and casting director, production houses and business houses etc of all types (referred to as “Client”). Filmkar also offer an opportunity to purchase “Wish” from celebrities and influencers through its “Gift a Wish” App. A “Wish” includes the text, video, scripts, graphics, graphics interchange formats, photos, sounds, music, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services. In these Terms and Conditions, the words “you”, “your”, “Member” and “User” refers to any person accessing or using the Site (which may imply as a Talent, a Client, a Fan or a Celeb as the case may be), and the words “we”, “us”, and “our” refers to Filmkar.

Part–A: Terms of Use

2. Modification of Terms and Conditions:

Filmkar may make changes to the Terms and Conditions. The revised Terms and Conditions shall be made available on the Site. Your use of the Site is subject to the most current version of the Terms and Conditions made available on the Site at the time of such use. You are requested to regularly visit the link www.Filmkar.com/terms-and-conditions/ to view the most current Terms and Conditions. Your continued use of the Site, following changes to the Terms and Conditions, will constitute your acceptance of those changes.

3. Under age user policy:

In order to use Filmkar, you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (herein after the “Minors”) are prohibited from registering for and/or booking talent on this Site. A legal guardian of a Minor may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian shall be solely responsible for everything done with that user account. You represent that the information you provide about Yourself, as requested in any account registration form on Filmkar, is accurate and complete.

4. Reserved Rights:

Without limitation to all other rights, we expressly reserve the right at any time to:

• 4.1 Modify these Terms and Conditions;
• 4.2 Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings;
• 4.3 Terminate the membership/user account of any Member that does not comply with these Terms and Conditions;
• 4.4 Modify fee structure or charges for using the Site or its services.

5. Online Conduct:

At all times when using or accessing this Site, you agree that:

• 5.1 You are solely responsible for the content or information you publish or display (hereinafter, the “Post”) on the Site or transmit to other Members.
• Not to:
  • 5.2.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • 5.2.2 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • 5.2.3 upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer’s
  • 5.2.4 download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• 5.3 You will not falsify your identity, misrepresent yourself or cause any misleading information to be entered in any way on the Site or in your Filmkar Profile.
• 5.4 You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Site.
• 5.5 You will not transmit any chain letters, spam or junk email to other Members or to Us.
• 5.6 You will not express or imply that any statements you make are endorsed by Us, without our specific prior written consent.
• 5.7 You will not harvest or collect personal information about other Members whether or not for commercial purposes, without our written consent.
• 5.8 You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
• 5.9 You will not post, email or otherwise transmit any material that contains software viruses or malware.
• 5.10 You hereby grant Filmkar permission to add content to Your user profile at its sole discretion, by uploading content found on the website link that you post as your “Official Website” or “public profile” in order to increase the quality or presentation of your Profile.
• 5.11 You will not modify, adapt, sub–license, translate, sell, reverse engineer, decipher, de–compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
• 5.12 The chat feature for the casting users is only to discuss the project details. You are not allowed to share or ask any contact details (like mobile number, whatsapp, email, facebook id or instagram id etc) through chat. Also, if you have any requirement related to portfolio like new images, video etc, ask the talent to upload it to their profile. The account will be suspended, if we found any user voilating the rules for chat communication.
• 5.13 You are solely responsible for your interactions with other Members. Filmkar reserves the right, but has no obligation to monitor disputes between you and other Members.
• 5.14 If the Site provides review options, you will not, for any reason, directly or indirectly submit reviews to a Profile with which you are affiliated. Reviews shall only be posted by actual clients who had booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at Our discretion. Also, writing reviews for Your competitors with the intent of affecting their reputation will result in immediate termination of Your User account without any refunds.
• 5.15 You will not re–sell or re–offer any lead you receive through Filmkar to another Talent and/or Client (as the case may be), nor will you re–offer or post to any website any lead you receive through your relationship with this Site.
  Failure to comply with these provisions outlined above may result in immediate suspension or termination of your right to use the Site. Filmkar reserves the right, in its sole discretion and in all instances, to determine whether a Member/User has or has not complied with any provision contained in these Terms.
• 5.16 You agree to receive promotional, transactional and commercial communications from “Filmkar” or “Gift a Wish” through email or SMS.

6. Contents Posted on the “Gift a Wish” App:

You may submit a request through the Site or App which may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the App and refunds will be initiated as per our Cancellation and Refund Policy for canceled and rejected requests.
Filmkar does not review or modify any content uploaded by a user. We do not endorse any content submitted to it by any user, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with the content. Notwithstanding the above, Filmkar reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without giving any notice to you and for any reason or for no reason at all. Your interactions with third parties, including users and celebrities and influencers, found on or through the App are solely between you and such third party; however, Filmkar may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Us if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You agree not to contact or interact with any user including a celebrity or influencer except as expressly permitted through our App. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release Filmkar from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our App.

7. Registration and Membership of Users:

• 7.1 While you can without registering, visit our Site, to post information on our Site, and to obtain access to certain other materials or information from our Site, You may be required to become a registered user to access certain information. You agree to provide us with accurate, complete, and updated information required by the registration form (“Registration Data”). Information provided to Us by you in connection with registering at our Site will be protected by Us in accordance with the terms of our Privacy Policy.
• 7.2 When you register at our Site, you will create a password and a user id, which will provide you access to certain services and materials available through the Site unless revoked by Us for any reason. You agree not to disclose your user id and password to any third party. You agree to be responsible for and to indemnify, defend and hold Filmkar, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.

8. Privacy:

We are committed to respecting your privacy and the privacy of all individuals using the services. More information about how we may use your personal data can be found in our Privacy Policy. By using or accessing the site, you agree to the terms laid out in our Privacy Policy which is incorporated into these Terms by reference.

9. Links to Other Web Sites and Services:

Filmkar does not control the availability or content of any outside web sites, services, or resources to which this Site may link. The Site and Apps may contain links to other websites and online resources, including to payment gateways. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Unless stated otherwise, Filmkar does not endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our Users’ convenience. Access to such other sites is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Filmkar is used as part of the link to this Site. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Part B– Terms of Service

10. Talent’s Services:

• 10.1 Any Talent who registers, uses or takes the assistance of the Site (or its operator) to sell his talent, skill, performance or art (whether for a fee or without consideration), such Talent agrees to the following deliverables (without prejudicing or derogating from any of the general obligations under Part–A):
  • 10.1.1 Talent shall provide the relevant information including photos, audios, videos and documents as required by Filmkar for listing the Talent on the Site.
  • 10.1.2 Upon receiving a request for quote, Talent shall provide the fees quote to Filmkar for the event / project / job.
  • 10.1.3 Talent shall coordinate with Filmkar for finalizing the terms for providing the services required by Client.
• 10.2 Talent agrees to participate in all promotional activities of Filmkar for which the Talent shall be given prior notice. Talent agrees that Filmkar shall have the right to use its name, likeness and other material including photos, audios and videos for promoting its Site and services. Talent shall promote Filmkar through its own online properties and links.
• 10.3 Talent represents and warrants that he/she:
  • 10.3.1. shall make himself/herself available for any events booked through Filmkar for the duration agreed with the Client and shall provide the services as agreed with the Client diligently.
  • 10.3.2. shall not infringe or misuse the intellectual property rights of third party.
  • 10.3.3. shall abide with all the rules and regulations related to the venue of his performance.
  • 10.3.4. shall not insult, hurt the sentiments of any party or use abusive language venue of his performance.
  • 10.3.5. acknowledges the Site or service does not guarantee the furtherance his careers, help him financially or otherwise produce income.

11. Rights and Resonsibilities:

Upon your continued compliance with these Terms & Conditions, you have a non-exclusive, worldwide license to use the “Video” purchased on the “Gift a Wish” App, for your own personal, non-commercial, and non-promotional purposes. A “Video” is licensed and not sold to you. You may not modify or edit a “Video” or re-sell your rights in anyway. If you breach any of the provisions herein, your license to the “Video” is terminated with immediate effect and without further notice.
The grant and continuation of the above license is conditional upon your compliance with these terms, our Privacy Policy and any rules or policies applied by us or any app store provider from which you downloaded an App.
You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any “Video” or the Services.
By use of the platform for delivering the “Video” uploaded by you, you hereby grant Filmkar a worldwide, non-exclusive, royalty-free, and transferable right to use, modify or edit to fit the format of delivery, reproduce, distribute, display, publish, adapt, make available online or electronically transmit, and perform the “Video” in connection with the Services and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the App and/or the Services in any media formats and through any media channels. You provide Filmkar the undisputed and irrevocable right to apply its watermark, brand, logo including that of its partners and affiliates on the “Video” uploaded by you.

12. Talent represented by Agency:

Where the Talent is being represented by an agency then agency shall ensure that they have the authorization required from Talent for fulfilling the obligations as mentioned in these Terms of Use and Service. Agency shall comply with all the provisions of these Terms of Use and Service and agency and Talent shall be jointly and severally responsible for any default in compliance. Filmkar reserves the right to demand the agency to produce such authorization and upon agency’s failure to produce the authorization, Filmkar reserves the right to remove such Talent profile from Website in addition to any other remedy provided in these terms or legally available to Filmkar.

13. Filmkar’s Fee:

• 13.1 Client and Talent agree that Filmkar shall be entitled upto 30% of the total amount being paid to the Talent for any event/project/job booked through Filmkar, as its service charge. Filmkar is entitled to deduct this service charge from any amount paid in advance by Client/event organisers to the Talent. Talent agrees that it is solely liable for the amount payable to Filmkar as service charge and that the service charge shall be deducted from any amount payable to the Talent.
• 13.2 Users agree that Filmkar’s service charges become due upon a booking being made, and the same is not subject to any refund under any circumstances whatsoever (even if the event/performance stands cancelled due to any reason).
• 13.3 All payments made to the Talent post confirmation of the booking shall be inclusive of all applicable taxes unless otherwise agreed in writing and shall be paid after deduction of tax at source / withholding taxes.

14. Licenses and Statutory Compliances:

• 14.1 Users agree that the Client shall be responsible for obtaining all licenses, permits, consents and approvals for hosting the event/performance, and shall be responsible for all statutory compliances related to the event at its cost. If due to any circumstance, Filmkar is compelled or obliged to bear any statutory, regulatory, industry–association, trade–body, etc. imposed royalty, levy, commission, charge, etc. of whatsoever reason, the same shall be additionally reimbursed and indemnified by the Client on demand by Filmkar.
• 14.2 Users agree that Filmkar is only a platform for bringing together the Talent and Client and is not involved with the actual organization and hosting of the event or performance, which is the sole responsibility of the Client. Filmkar is not liable for any defaults for non–compliance with statutory rules and regulations applicable on the event.

15. Cancellation Policy:

• 15.1 Unless otherwise agreed with the Client, upon cancellation of an event booked by using the Filmkar Site, Members / Users agree to the following terms:
  • 15.1.1. If the Client cancels the event at–least thirty days prior to the agreed date of performance, then Talent shall refund the entire amount received subject to deduction of 50% of the total booking amount as Talent’s cancellation charges. Client agrees to bear the cancellation charges. Filmkar’s service charge shall continue remaining non–refundable (in addition to Talent’s cancellation charge).
  • 15.1.2. If the Client cancels the event within thirty days of the agreed date of performance for any reason whatsoever, then the entire advance paid by the Client shall stand forfeited and will not be refunded.
  • 15.1.3. If the Talent cancels the booking at any–time for any reason, then Talent shall refund the entire amount received in advance for the performance. However, Client shall be entitled to refund of such advance amount paid after deduction of Filmkar’s service charge.
  • 15.1.4. To reiterate, in no event of cancellation will Filmkar be liable to refund its service charge.

16. Non – Solicitation:

Users agree that they shall not exclude Filmkar and directly enter in to / laise with / solicit engagement from other Users who have been referred through / first contacted through or placed a request for quote through Filmkar’s Site. Users agrees that if the Client utilizes the services of a Talent whose referral was through Filmkar’s Site, within a period of nine months from the date of referral then in addition to other legal remedies, Filmkar shall be entitled to its service charge of 10%. Client and Talent agreed to be jointly and severally responsible for this promise and covenant. Without prejudice to the foregoing, it is the reasonable expectation of Filmkar that a Talent and a Client continue to route their future relationships through Filmkar.

Part C– General Terms

17. Force Majeure:

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the App, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. If Force Majeure event takes place that affects the performance of our obligations under these terms of use our obligations under these terms shall be suspended for the duration of Force Majeure event.

18. Disclaimer:

• 18.1 The contents of our Site, and the Site as a whole, is intended strictly for the purposes of: (i) providing a forum for actors, models, anchors, photographers, stylist and other talent to post information about themselves, and (ii) facilitating the booking of such talent for engagements (collectively, “Permitted Uses”). You represent and warrant that you understand, and agree, that Filmkar is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any Users of this Site regarding the provisions of services at any event or engagement. While we do believe that Filmkar Members will achieve some amount of exposure from a listing on the Site, we do not guarantee in any way that the use of the Site will produce paying clients for our members.
• 18.2 We do not represent or guarantee that this Site will further the careers of our Members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, Filmkar does not take responsibility for the content of any Member profile, or Member services offered on any profile. Concerns regarding any such service, resource, or link posted or offered by a Member should be directed to the particular Member.
• 18.3 Filmkar does not endorse, sanction, or verify Members on this website. Contacting these Members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any Member listed on this Site.
• 18.4 Most importantly, Client and Talent acknowledge that Filmkar is not involved in the actual performance or the governance of the relationship between them, and any disputes, fights, disagreements or any nature of claim between them shall at all times be without any reference to, or any liability on, Filmkar.
• 18.5 YOUR USE OF THE SITE and APP IS SOLELY AT YOUR OWN RISK. We do not warrant that the App will be compatible with all hardware and software which you may use. To the fullest extent permitted by law, Filmkar excludes all warranties, conditions, terms or representations about the accuracy or completeness of App’s or the link of any sites linked to the App. You understand and agree that any material or information downloaded or otherwise obtained through the use of the Site or the App is done at your own risk and that you will be solely responsible for any damage if any arising from doing so. No advice or information, whether oral or written, obtained by you from Us or through the Site will create any warranty not expressly made.
• 18.6 Filmkar only provides Internet exposure, resources, and tools for you to match your talent with auditions and casting directors. All materials, information, casting information, products, and services included in or available through this site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability. All talent under the age of 18 must be accompanied by a parent or legal guardian at all times.

19. Indemnity:

You shall indemnify and hold harmless Filmkar (including its affiliates, subsidiaries, group companies), its directors, advisors, employees, agents, partners, suppliers or content providers, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of any of these Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party. Filmkar reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

20. Intellectual Property Rights:

• 20.1 Site Content Ownership: Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties vested in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Filmkar. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Filmkar. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, Filmkar does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Filmkar hereby expressly disclaims any such affiliation or endorsement. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site. We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at support@Filmkar.com.
• 20.2 License to Submissions: With respect to any photographs, designs, images, video clips, sound clips, or other media files you may provide to Filmkar for posting on your Profile (collectively, “Submissions”), such Submissions shall remain Your property. You hereby unconditionally grant to Filmkar a non–exclusive, irrevocable and royalty–free license to use, reproduce, publicly perform and publicly display, the Submissions solely in connection with the site. Filmkar does not endorse, sanction or verify, and specifically disclaims responsibility or liability for any User profiles. You represent, warrant and agree (i) that You are authorized to submit the Submissions You provide to Us and to license the same to Us as set forth above; and (ii) that all Submissions submitted by You to the Site does not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, as Filmkar shall have no obligation to return any content to you should it become damaged or lost. Filmkar will remove all content submitted by you, if properly notified that such content infringes on another’s intellectual property rights. We have the right to investigate violations of these Terms of Use or conduct that affects the Site and/or the Apps. You agree to cooperate fully with Us in any such investigation. Filmkar may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
• 20.3 License related to Performance: Users agree that Filmkar shall have the a non–exclusive, irrevocable and royalty–free license and right to use, reproduce, display, exhibit or otherwise utilise imagery, photographs and limited portions of video recordings of the performances/events performed by the Talent under a Client booking. This license to such materials shall be used by Filmkar for limited and reasonable purposes of its promotional and advertorial activities, and may also be displayed through Filmkar’s archives, brochures, digital properties and Site.

21. Jurisdiction:

These Terms and Conditions shall be governed by the laws of India, and courts at Bangalore shall and exclusive jurisdiction to adjudicate upon any dispute under, or interpretation of this, electronic contract.