Terms and Conditions of Service




1. APPLICANT PRIVACY


It is Apex Model Management cc policy to respect the privacy of its applicants. For a complete review of our Privacy Policy please
click here.



2. REGISTRATION OBLIGATIONS

By using any of Apex Model Management cc services, you agree to provide true, accurate, current and complete information about yourself as prompted by the service's registration form. Apex Model has the right to suspend or terminate your application if you violate the above or if Apex Model has reason to believe that you have violated the above.

3. DESCRIPTION OF SERVICE

Apex Model Management cc provides modelling and casting services . Our services are available to applicants who wish to have their applications and photographs viewed and evaluated by Apex Model. By registering your information, submitting your application and photos and paying the applicable registration fee, you give Apex Model Management cc permission to present your photos to Industry Experts and Associates for review. The Model hereby gives Apex Model Management cc express permission to use written correspondence, photographs or other likenesses of the Model which result from the Model’s professional services or test photo shoots (Test’s) to promote the reputation and/or services of Apex Model Management cc, and/or its affiliated companies and the Model expressly waives any rights which the Model may otherwise have to such products or images. 

4. APPLICANT CONDUCT

As an aspiring professional model, or parent of an aspiring model, you understand that you are expected to behave in a professional manner at all times. This includes your correspondence by email, telephone or fax with Apex Model Management cc or its affiliated Companies. Applicants who use language that is deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, false or otherwise objectionable will have their application cancelled immediately without receiving a refund of applicable fees. You understand that Apex Model Management cc, in its sole discretion, may terminate your application at any time, for any reason and without prior notice.

5. CHARGES AND BILLING

You are responsible for all charges incurred and purchases made by you or anyone you allow to use your credit card, checking account, or other payment methods, including your children, other applicants, or your family or friends. You understand that all registration fees are NON-REFUNDABLE for any reason. If your cheque, money order or credit card payment is returned or cancelled, for any reason, it will be re-deposited electronically, and you will be assessed a processing fee of R35 or the maximum amount allowed by law. The credit card user and/or cheque writer is also responsible for all other credit card and/or cheque recovery costs, including but not limited to attorney's fees, court cost, and other amounts allowed by law and these fees and costs will be electronically debited from your account. Apex Model Management cc reserves the right to amend this refund, payment, and processing procedures and fees as stated herein.



6. NO GUARANTEE OF SERVICE

You understand that Apex Model Management cc provides no guarantee of placement, employment or representation with Apex Model Management cc or an other agency. Apex Model provides its services on a commercially reasonable basis and does not guarantee that users will be able to access or use the services at times or locations of their choosing. Specifically Apex Model Management cc reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that Apex Model Management cc should not be liable to you or to any third party for any modification, suspension or discontinuance of its service.

7. INDEMNIFICATION

You agree to indemnify and hold Apex Model Management cc, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the Terms and Conditions for service, or your violation of any rights of another. 

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.

9. DISCLAIMER OF WARRANTIES

a) THE APPLICANT AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE APPLICANT'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. APEX MODEL MANAGEMENT CC ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. APEX MODEL MANAGEMENT CC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER APEX MODEL MANAGEMENT CC NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE. 
(b) APEX MODEL MANAGEMENT MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF WEBSITE PAGES OR THE ASSOCIATED STORAGE FACILITIES. APEX MODEL MANAGEMENT CC IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF APPLICANT DATA. 

10. LIMITATION OF LIAIBILITY

UNDER NO CIRCUMSTANCES SHALL APEX MODEL MANAGEMENT  CC BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. APEX MODEL MANAGEMENT CC DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON APEX MODEL MANAGEMENT CC , INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. APEX MODEL MANAGEMENT CC DOES NOT GUARANTEE THAT ANY USERS OR APPLICANTS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE APEX MODEL MANAGEMENT CC WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. APEX MODEL MANAGEMENT CC DOES NOT GUARANTEE THAT ANY APPLICANT WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF USE OF APEX MODEL MANAGEMENT CC . YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH APEX MODEL MANAGEMENT CC IS THE CANCELLATION OF YOUR ACCOUNT OR THE TERMINATION OF YOUR USE OF APEX MODEL MANAGEMENT CC . SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF APEX MODEL MANAGEMENT CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

11. NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the service. 

12. GENERAL INFORMATION

This Terms and Conditions Policy constitutes the entire agreement between you and APEX MODEL MANAGEMENT CC and governs your use of the service, superseding any prior agreements between you and APEX MODEL MANAGEMENT CC (including, but not limited to any prior versions of the Terms and Conditions Policy). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms and Conditions Policy and the relationship between you and APEX MODEL MANAGEMENT CC shall be governed by the laws of Republic of South Africa without regard to its conflict of law provisions. You and APEX MODEL MANAGEMENT CC agree to submit to the personal and exclusive jurisdiction of the courts located within the RSA. The failure of APEX MODEL MANAGEMENT CC to exercise or enforce any right or provision of the Terms and Conditions Policy shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions Policy remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms and Conditions Policy must be filed within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions Policy are for convenience only and have no legal or contractual effect.

 

 

Majestic Models cc   -   Last Updated 09/03/2010