FilmDial Terms & conditions

Effective date: 14 March 2023

Welcome to FilmDial Terms of Service

This Website and Mobile Application is created and operated by Filmdial Technologies Private Limited, (hereinafter referred to as "We", "Our", and "Us") having its registered address at : Uttar Pradesh - 285001 and operating under the brand name “Filmdial”. We intend to ensure your steady commitment to the usage of this Website and Mobile Application and the services provided by us through our Website and Mobile Application “www.filmdial.com”.

Filmdial is an Indian internet technology company that provides local search for different services about technician and vendor, all cast & crew of film television, web series in India over the website and mobile apps. We are breaking initiative that aggregates and connects talent providers to talent seekers, in a matter of few clicks. It is a one-of-its-kind, all-inclusive digital portal that offers jobs in films, television, advertisements, theatre and live events. The platform simplifies the discovery and hiring process by enabling new & established talent (across fields of acting, music, script writing, direction, dancing) get access to the best opportunities in the entertainment industry through verified recruiters and projects.

This Terms of Service agreement (“Terms of Service”) hereby governs the relationship and serves as an agreement between you and us and set forth in the Terms by which you may access and use the Platform and our related websites, services, applications, products and contents (Collectively "Services"). Wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Website and Mobile Application. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Website and Mobile Application provided by us and who is competent to enter into binding contracts, as per law. “Third Parties” refer to any Website and Mobile Application, platform or individual apart from the Users and the creator of this Website and Mobile Application.

By using or accessing or downloading the Platform to view content by You, You agree to be bound by these "Term of service"

GENERAL TERMS

  1. The headings of each section in these Terms of Service are only for the purpose of organizing the various provisions under these Terms of Service in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Website and Mobile Application.
  2. The use of this Website and Mobile Application is solely governed by these Terms of Service, Privacy Policy that may be uploaded on the Website and Mobile Application and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Website and Mobile Application, you are agreeing to comply with and be bound by the following Terms of Service and Privacy Policy.
  3. You expressly agree and acknowledge that these Terms of Service and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  4. You unequivocally agree that these Terms of Service and Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website and Mobile Application and, and that the same shall be deemed to be incorporated into these Terms of Service and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Service and the Privacy Policy binding on you and that your act of visiting any part of the Website and Mobile Application constitutes your full and final acceptance of these Terms of Service and the Privacy Policy.
  5. We reserve the sole and exclusive right to amend or modify these Terms of Service without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Website and Mobile Application at once. Your continued use of the Website and Mobile Application will signify your acceptance of the changed terms.

PLATFORM OVERVIEW

Filmdial is an Indian internet technology company that provides local search for different services about technician and vendor, all cast & crew of film television, web series in India over the website and mobile apps. We are technology based private limited company, and our application is a ground breaking initiative that aggregates and connects talent providers to talent seekers, in just a matter of few clicks. It is a one-of-its-kind, all-inclusive digital portal that offers jobs in films, television, advertisements, theatre and live events.

We aim to simplify the process of discovery and hiring by enabling new & established talent (across fields of acting, music, script writing, direction, dancing, etc.) to get access to the best opportunities in the entertainment industry through verified recruiters and projects, irrespective of whether you’re a Talent, Agent, Casting Director, Entertainment Manager, Producer, Director, or Service Provider, we are a one-stop solution for all your needs. We enable you to showcase your talent and services, learn from experts, identify exciting opportunities, audition online, network with like-minded people, stay up to date with industry news and put forth real-time job listings. We also provides certain premium services on the Website/ Mobile Application

Local Search engine that provides local search related services to users across India through multiple platforms such as website, mobile website, Application (Android, iOS, Windows).

PLATFORM DESCRIPTIONS

The Platform attempt to be as accurate as possible. However, the Platform does not warrant that profile descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Platform itself is not as described, your sole remedy is to return it in unused condition.

PERMISSION SOUGHT

The platform seeks permission from the users to access their file downloads, contact and calendar to improve their app experience by pre-loading news feed content, import phone's contacts to Facebook and sync and then view Facebook events in the phone's calendar.

COOKIES

The platform employs cookies and uses the information of users for the purposes as stated in the Filmdial's Privacy Policy.

REGISTRATION OF USERS

Registration on the Platform is mandatory for Users of the Website and Mobile Application. The Users can register by providing the following information:

  1. First name, last name or full name
  2. Location: Country, State and City
  3. Email address
  4. Login user name and passwords
  5. Credit card or debit card details
  6. Date of birth
  7. Phone No.
  8. Gender
  9. Age or age group
  10. Information about their job and employment history in Bio.

ELIGIBILITY

  1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Service following the Law. However, if you are a minor using this Website and Mobile Application, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
  2. You further represent that you will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.
  3. You shall not use the Website and Mobile Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

PLATFORM AVAILABILITY

The Website and Mobile Application are available to all users across the country.

PAYMENT GATEWAY

For making all payments for services on the Website and Mobile Application, you shall be required to make payment for which you will be redirected to a third-party payment gateway (eg.Razorpay, PayU) support@filmdial.com. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website and Mobile Application.

All the Content displayed on the Website and Mobile Application is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and Mobile Application and whilst feedback and comments by You can be made via the Website and Mobile Application, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website and Mobile Application. Further, the Website and Mobile Application reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website and Mobile Application or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading and we shall reserve the right to block your account or any other related account in such cases.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website and Mobile Application. You shall not copy, adapt, and modify any content without written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Service. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. Your use of the Website and Mobile Application,
  2. Your violation of these Terms of Service;
  3. Your violation of any rights of another;
  4. Your alleged improper conduct according to these Terms of use;
  5. Your conduct in connection with the Website and Mobile Application;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and Mobile Application and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

  1. We are not responsible for any consequences arising out of the following events:-
    1. If the Website and Mobile Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
    2. If you have fed incorrect information or data or for any deletion of data;
    3. If there is an undue delay or inability to communicate through email;
    4. If there is any deficiency or defect in the Services managed by Us;
    5. If there is a failure in the functioning of any other service provided by Us.
  2. The Website and Mobile Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website and Mobile Application or any service availed of by Us through the Website and Mobile Application. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website and Mobile Application.
  3. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.
  4. The Website and Mobile Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and Mobile Application and which is incurred by you in connection with the Website and Mobile Application, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Service.
  5. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website and Mobile Application.

TERM

  1. These Terms of Service shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Website and Mobile Application.
  2. You may terminate your use of the Website and Mobile Application at any time.
  3. We may terminate these Terms of Service and close your account at any time without notice and/or suspend or terminate Your access to the Website and Mobile Application at any time and for any reason, if any discrepancy or legal issue arises.
  4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
  5. It is also hereby declared that we may discontinue the Services and Website and Mobile Application without any prior notice.

TERMINATION

  1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website and Mobile Application, or any portion thereof, at any time, without notice or cause.
  2. We also reserve the universal right to deny access to You, to any/all of are on its Website and Mobile Application without any prior notice/explanation to protect the interests of the Website and Mobile Application and/or other Users to the Website and Mobile Application.
  3. We reserve the right to limit, deny or create different access to the Website and Mobile Application and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
  4. You shall continue to be bound by these Terms of Service, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Service till the expiry of the same.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Website and Mobile Application. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Website and Mobile Application or such other third party and other distinctive brand features of the Website and Mobile Application are the property of the Website and Mobile Application or the respective copyright or trademark owner. Furthermore, concerning the Website and Mobile Application and Mobile Application, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website and Mobile Application.

You shall not use any of the intellectual property displayed on the Website and Mobile Application in any manner that is likely to cause confusion among existing or prospective users of the Website and Mobile Application, or that in any manner disparages or discredits the Website and Mobile Application, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website and Mobile Application through which You can communicate with other users and the Website and Mobile Application does not own any of the intellectual property relating to the independent content displayed on the Website and Mobile Application, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Service and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

  1. You agree and undertake that you are accessing the Website and Mobile Application at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Website and Mobile Application or accessing/using any information displayed thereon.
  2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Website and Mobile Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these
  3. We do not guarantee that the features and content contained in the Website and Mobile Application will be uninterrupted or error-free, or that the Website and Mobile Application or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Website and Mobile Application.
  4. It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Service and/or Privacy Policy.
  5. We are not liable for any infringement of copyright of music/video that is uploaded by the users in our website and mobile application.
  6. We are not liable for any terrorist activity video uploaded by the users or any person.
  7. If any reputed company or government find video or audio using by users in our filmdial application or website, reputed company can only request our company to remove content within 15 days or on the bases of necessity.
  8. We provide professional platform to create profile and upload working videos and actions but does not provide an option to add music or upload reels video.
  9. We prohibit adult products and pornographic materials in any forms, that is print, audio, video, multimedia messages, images, photographs, etc. any such posts shall be deleted or modified as per our discretion.
  10. We reserve the rights to take legal action in case of violation of any of the terms mentioned in the contract including but not limited to posting or submitting untrue/inaccurate/misleading or offensive/vulgar and terminating the agreement thereby denying them access to our website and Mobile Application.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

In the event of any dispute arising out of or in connection with this agreement, including any dispute relating to the validity of this agreement, the parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.

In the event the parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of the arbitration shall be English. The seat of arbitration shall be, support@filmdial.com, India.

MISCELLANEOUS PROVISIONS

  1. Entire Agreement: These Terms of Service, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
  2. Waiver: The failure at any time to require performance of any provision of these Terms of Service shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Service.
  3. Severability: If any provision/clause of these Terms of Service is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Service shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Service shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Service shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  4. Contact Us: If you have any questions about these Terms of Service, the practices of the Website and Mobile Application and Mobile Application, or your experience, you can contact us by emailing us at support@filmdial.com or by writing to us at

FILMDIAL TECHNOLOGIES PRIVATE LIMITED

Uttar Pradesh 285001