TERMS & CONDITIONS
Welcome to bookd! hereinafter referred to as the "website" or "site" or "we" or "us".
The website is offered to you based on your acceptance of the terms, conditions, and
notices contained herein (the "Terms"). Your use of our website constitutes your agreement
to all Terms.
Our website is owned and operated by bookd Talent Sdn Bhd with its office located at
BOOKD TALENT SDN BHD (920116-T), Block A, Level 3, Unit No. 13, PJ Industrial Park,
Jalan Kemajuan, Seksyen 13, 46200 Petalyang Jaya, Selangor, Malaysia.
Our website is an online platform that Clients can search, cast, book and pay Talents
via talent profiles. Talent profiles are shared and updated by the talents themselves.
By using the Site, you agree to comply with and be legally bound by the terms and conditions
of these Terms of Service ("Terms"). These Terms govern your access to and use of the
Site and Services and all Collective Content, and constitute a binding legal agreement
between you and us.
https://www.bookd.online/privacy-policy. The use of this Website means you consent to,
and agree to, abide by the most current version of these Terms. We may at any time revise
these Terms by updating them. You agree to be bound by subsequent revisions and agree to
review the Terms periodically for changes to the Terms. If you disagree with the Terms then
This website reserves the right to recover the cost of services, collection charges and
lawyers fees from persons using the Site fraudulently. This website reserves the right to
initiate legal proceedings against such persons for fraudulent use of the Site and any other
unlawful acts or acts or omissions in breach of these terms and conditions.
Please read these Terms carefully as they contain important information regarding your legal
rights, remedies and obligations. These include various limitations and exclusions, and a
clause that governs the jurisdiction and venue of disputes.
You agree to use the website only in strict interpretation and acceptance of these Terms
and any actions or commitments made without regard to these terms is atour own risk.
These Terms And Conditions form part of the agreement between the Users and Us.
By accessing this website, and/or undertaking to perform a Service by us indicates your
understanding, agreement to and acceptance, of the Disclaimer and the full Terms
- DEFINITIONS AND INTERPRETATION:
"Agreement" means the terms and conditions as detailed herein including all
include the references to this agreement as amended, negated, supplemented,
varied or replaced from time to time.
"bookd!" means the online platform that provides a venue to Client to
search, cast, book and pay Talents.
"Account" means the accounts created by the customers/users on our website
in order to use the Services provided by bookd! and require information
such as name, email address, password, contact number etc.
"Talent Account" means the account created by the individual talent on our
website in order to be viewed by the Client.
"Client Account" means the account created by the Client in order to cast,
hire or book an appointment with the Talent.
"Content" means text, graphics, images, music, audio, video, information or
"Client" means the recruiter/employer/casting director/advertising agency/ brand
owners etc that searches in order to recruit a suitable candidate for a job.
"Talent" means the user who performs the job including models, dancers,
singers, actors, emcees, and voiceover.
"User means any individual who visits and uses the website.
"User content" means all Content that a user posts, uploads, publishes, submits
or transmits to be made available through our website.
"SNS" means Social Networking Site such as Facebook, twitter etc.
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not
be used for interpretation.
- ELIGIBILITY OF MEMBERSHIP:
Use of the Site is available only to persons who can form legally binding
contracts under applicable law. If you are a minor i.e. under the age of 18
years you are not permitted to use this site. If you are the parent or guardian
of a talent who is under 18 then you can register on behalf of your child.
Our website reserves the right to terminate your membership and refuse to
provide you with access to the Site if we discover that you are under the
age of 18 years. The Site is not available to anyone whose membership has been
suspended or terminated by us for any reason whatsoever. If you are registering
as a business entity, you represent that you have the authority to bind the
entity to this User Agreement.
In order to use our services you arerequired to register and create an account.
If you choose to register f you will need to provide personal information such
as name, email address, photographs, videos, passport and bank details.
You represent and warrant that all the information you submit is truthful and
accurate, and you will maintain the accuracy the information. You are
responsible for maintaining the confidentiality of your Account login
information and are fully responsible for all activities that occur under your
Account. You agree to immediately notify us of any unauthorized use,
or suspected unauthorized use of your Account or any other breach of security.
You must not share your password or other access credentials with any other
person or entity that is not authorized to access your account. We encourage you
to use a "strong" password (a password that includes a combination of upper and
lower case letters, numbers, and symbols) with your account. We cannot and will
not be liable for any loss or damage arising from your failure to comply with
any of the above.
When creating an Account, don’t:
Provide any false personal information to us (including without
limitation a false username) or create any Account for anyone other
than yourself without such other person’s permission;
Use a username that is the name of another person with the intent to
impersonate that person;
Use a username that is subject to rights of another person without appropriate authorization; or
Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com.
You may not transfer or sell your www.bookd.online account and User ID to another party.
Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
One individual can own only one account in his/her name.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
- ACCOUNT GUIDELINES:
Because we are a networking site for work between individual Talent artists and Clients, we expect everyone who registers a bookd! talent profile to be who they say they are. We do not tolerate dishonest account ownership or dishonest account maintenance. The following behaviors are included in dishonest account ownership, but are not limited to:
Creating an account for someone else
Allowing anyone but the person whose work or face is represented to login or access an account
This includes assistants, managers, or agents
Exceptions include spouses and/or life-partners who work as a photography team and identical twins with model profiles.
Parents or guardians of members under 18 years of age are allowed to monitor the profile of their minor child, until the child reaches the age of 18.
Pretending to be someone else and/or maintaining a fake profile
We may request proof of identity if there are any questions regarding account ownership to ensure the proper account owner is in control of the account.
We do not allow profiles to be set up or managed by people other than the profile owner. This means profiles are not to be shared, group, or joint profiles. Passwords and login information should always be kept private.
Talent Accounts and Client Accounts
We currently offer two different account types on bookd!
Talent accounts are intended for individual artists looking to connect with Clients to work with and collaborate on projects together, and must be approved before going live. This profile type is not available to teams, groups, or persons who fall within the requirements for a Client type.
Talent accounts provide a Talent with a profile to showcase their personal statistics, portfolio, polaroids and video casting to potential Clients, as well as the use of private messages upon acceptance of a booking or casting.
- Voice OVer
Client accounts are primarily for companies or businesses, photographers, filmmakers, corporate brand owners looking to shoot on behalf of third-party businesses, groups or teams of persons, or any other person not listed on our Talent Account section seeking to connect with the approved Talents on bookd! for projects or work being offered. These accounts are approved and vetted before going live. Client accounts allow functions to search, cast, book and pay talent recruited for jobs
- Modeling Agents
- Casting Directors
- Employment Recruiters
- Brand Owners or Representatives
- Event Promoters
- Ad or Marketing Agencies
- Film / Video Makers (Commercial, brand, or other business-oriented parties)
- Photographer (Commercial, brand, or other business-oriented parties)
Our website provides a venue to the Clients to search,book or cast and pay talent for jobs
There are two kinds of members on our website:
Clients- the ones who search and find suitable Talent for a job;
Talents- the ones who post their profiles in order to get viewed by the Client and get casted or booked for the job.
In order to avail our services, Clients will have to log in through their account and view profiles and book or cast talent. Talent will have to log in to update their profiles and view job or casting offers from Clients.
- REQUIREMENTS FOR THE CLIENT:
The Client is solely responsible for organising the rest of the production for their job. bookd! facilitates the booking and payment of Talent. The Client will source any insurances including public liability insurance that protects the Talent should any accidents occur.
If the Client shortlists any Talent for the suitable job, the Client will have the option to either cast the Talent or book the Talent.
Upon job approval from a Talent, the client will pay 50% deposit of the total talent via bank transfer. Once payment has been confirmed the Job will become active. Client and talent can then communicate regarding the job.
On completion of the job date and time, the client will be required to star rate on a bar of five stars and comment on the talent’s performance. At this point the Client also has the option to submit a job dispute.
Within 5 days from the date of completion of the job, the client shall transfer the remaining 50% of the amount of the Project and an additional 10% (booking fee) of the transfer amount of the Project via bank transfer.
Once the Client provides a star review of the work of the Talent, bookd! will keep 10% service fee from the client and remit 90% of the total amount in the account of the Talent after deducting 10% service fee from the talent.
Job will automatically be cancelled if no payment has been received by bookd! within 72 hours of the job date.
If a job is booked within 72 hours of the date of the job then the 50% deposit is due within 24 hours of the job commencement date.
- REQUIREMENTS FOR THE TALENT
The talent is required to keep their portfolio, polaroid and casting videos updated. It should comply with "Talent Profile/Account Requirements" section 8 of the present document.
If the Talent accepts the offer of the Client then it will complete the allotted job by using the bookd! job id (hereinafter referred to as "job id"), which will be created at the time the Client registers the job.
The work and performance of the Talent will be reviewed by the Client and only once bookd! receives the review and the job is completed by the Talent, willthe payment of the job be released in the account of the Talent.
The Talent shall be paid the 90% of the total cost of the job as 10% will be deducted by bookd! as a service fee
Once the job is completed by the Talent, the Talent will receive its 90% of the total cost of the job within 15 days from the date, the review has been posted by the Client.
If the Talent is unable to complete the job the project will go through to the bookd! Dispute Resolutions team to determine the outcome of the project.
bookd! facilitates the payment between Clients and Talent. To uphold professional standards for both parties bookd! requests transactions occur as referenced at 6. c,d,e,f. Requirements for the Clients.
The total cost of the Job by the Client shall be released within 10 days from the date of finalizing and allotting the Project to the Talent, failing which the job shall become invalid.
The payment can be made via:
- Local bank transfer Prices will be quoted in Malaysian ringgit.
The payment will be made to the talent in Malaysian ringgit. Where the talent has a bank account with a different currency, the bank currency rates will apply.
Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including abreach of any agreements with bookd! or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
Our website reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
- TALENT PROFILE/ACCOUNT REQUIREMENTS
Personal Information and Statistics- The talents are strictly advised to provide only true and authentic personal information and statistics as this information will be viewed by the Client and it may hire a Talent based upon such information. You must have a bank account that bookd! is able to transfer payments to if you have been booked for work.
Images and video content should show you working in the correct profile e.g. if you have submitted a model profile then your portfolio should be images of you modelling. If you have submitted as a singer then your video casting should include video of you singing. Images must not contain any prohibited image elements. You must provide 20 Polaroid Images, at least 5 Portfolio Images and a 90 second video casting.
High quality images - Your photos will be reviewed to ensure they are of sufficient quality. This means that images should not be poorly exposed, too grainy, have too much compression, or be selfies.
Image & Video Requirements
Any images and videos uploaded to bookd! should follow these guidelines:
Note: Photos wider than 1000px will automatically be resized, which will also strip EXIF and color space info.
Photo Size, in pixels:
- No less than 200 wide and 300 high
- No more than 16 million total pixels (eg, 1,000 wide by 1,000 high)
File Size, in kb:
- No less than 7kb
- No more than 1000kb
- We can only accept JPG or PNG file types.
- If you have a RAW or GIF or some other image type, you will need to change it in an image editor first.
Video Type: MP4
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. This includes any website address posted on the Website, including your agency or previous job clients. This behaviour is prohibited anywhere on bookd!
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by bookd! or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
- YOU AGREE AND CONFIRM:
That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
You acknowledge and agree that bookd! (i) is not an employment agency, casting agent, talent agent, agency, manager, producer or a production company; (ii) does not procure, attempt to procure, get, gain, or retain employment, engagements, employment opportunities, auditions, jobs, bookings, castings, a talent agent or manager for you or its members; (iii) does not manage or direct the development of the careers, or represent, you or its members; and (iv) does not guarantee an employment opportunity, audition, any amount of income, jobs or employment from the use of its Site. bookd! does not offer advice, managerial directions, or opinions in any casting job, engagement or audition and permits you to submit your information for casting calls through the bookd! Services. You hereby consent to the submission of your profile and providing access to your portfolio, Polaroid and video casting in connection with the submission through the bookd! Services. The information included in the casting is provided by the applicable casting director and bookd! is not involved in the decision making process with respect to the casting, audition and/or engagement for services.
It is possible that the other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
You agree that you will not
Restrict or inhibit any other user from using and enjoying the Interactive Features;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any information, software or other material which contains a virus or other harmful component;
Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our website
Disrupt the normal flow of communication in an Interactive Area;
Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
Violate any operating rule, policy or guideline of your Internet access provider or online service.
- YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services
Further we prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
Further you are prohibited to post any such images:
Any images showing persons that appear to be under the age of 16;
Nude or implied nude shots of persons under the age of 18;
Manipulation of private parts of the body;
Explicit sexual content of any kind;
Sexual contact of any kind that appears to be between the photographer and model(s);
Any images specifically focusing on the Private Parts of the body.
- COMMUNICATION WITH OTHER USERS:
Communication between clients, talent and bookd! support on the Website must be conducted through the instant messaging service provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID, instagram, facebook or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.
bookd! may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps. We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
- REVIEWS, FEEDBACK, SUBMISSIONS:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You may upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through our website only Content that is not
subject to any Intellectual Property Rights, or Content in which any holder of
Intellectual Property Rights has given express authorization for distribution
over the Internet and on our website, without restriction whatsoever.
Any Content submitted with the consent of a copyright owner other than you
should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically grant and/or
warrant that the owner of such Content, whether it be You or a third party, has
expressly granted to us the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, sublicense, distribute,
perform, and display such Content, in whole or in part, worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed for the full term of any Intellectual Property Rights that may
exist in such Content. You also permit us to sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with respect
to such Content.
- COPYRIGHT & TRADEMARK:
Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of https://www.bookd.online or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
bookd! names and logos and all related product and service and our slogans are the trademarks or service marks of JC Brands Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and
other materials that are part of this Site (collectively, the "Contents") are
intended solely for personal, non-commercial use. You may download or copy the
Contents and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Site or
any related software. All software used on this Site is the property of our
website or its suppliers and protected by Hong Kong laws. The Contents and
software on this Site may be used only as a shopping resource. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Site is strictly
prohibited. Unless otherwise noted, all Contents are copyrights, trademarks
and/or other intellectual property owned, controlled or licensed by our website,
one of its affiliates or by third parties who have licensed their materials to
us and are protected by Hong Kong laws. The compilation (meaning the collection,
arrangement, and assembly) of all Contents on this Site is the exclusive
property of our website and is also protected by Hong Kong laws.
If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- Notices regarding our website should be sent to: firstname.lastname@example.org.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes, on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to our website:
if we determine that you have breached, or are acting in breach of, this Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
to manage any risk of loss to us, a User, or any other person; or
For other similar reasons
If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
- DISCLAIMERS AND LIMITATION OF LIABILITY:
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our Website, Services and tools;
Delays or disruptions in our Website, Services, or tools;
Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; and
To the fullest extent permitted under applicable law, our website or its
suppliers shall not be liable for any indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses arising out of
or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability
of our website to you for all liabilities arising out of this is limited to the
amount paid by you. Our website, its associates and technology partners make no
representations or warranties about the accuracy, reliability, completeness,
correctness and/or timeliness of any content, information, software, text,
graphics, links or communications provided on or through the use of the Site or
that the operation of the Site will be error free and/or uninterrupted.
Consequently, our website assumes no liability whatsoever for any monetary or
other damage suffered by you on account of the delay, failure, interruption,
or corruption of any data or other information transmitted in connection with
use of the Site; and/or any interruption or errors in the operation of the Site.
Our website periodically schedules system downtime for the Sites for maintenance
and other purposes. Unplanned system outages also may occur. You agree that we
have no responsibility and are not liable for: (a) the unavailability of any of
the Sites; (b) any loss of data, information or materials caused by such system
outages; (c) the resultant delay, mis-delivery or non-delivery of data,
information or materials caused by such system outages; or (d) any outages
caused by any third parties, including without limitation any companies or
servers hosting any of the Sites, any Internet service providers or otherwise.
User understands and agrees that any information or material and/or goods or
services obtained through the service is done at user's own discretion and risk
and that user will be solely responsible for any damage resulting from any
No advice or information, whether oral or written, obtained by user from us for
free or through or from the service shall create any warranty not expressly
- GOVERNING LAWS AND JURISDICTION:
This User Agreement shall be construed in accord with the applicable laws of
Hong Kong regardless of your physical location.
The Courts at Hong Kong have exclusive jurisdiction in any proceedings arising
out of this agreement.
- DISPUTE RESOLUTION:
DISPUTE BETWEEN YOU AND US:
Generally, transactions are conducted smoothly on our website. However
there may be some cases where we and you may face issues. A 'Dispute'
can be defined as a disagreement between you and us in connection with
a transaction on the Website.
In the interest of resolving disputes between you and us in the most
expedient and cost effective manner, you and we agree that any and all
disputes arising in connection with the Terms shall be resolved by
binding arbitration. Arbitration is more informal than a lawsuit in
court. Arbitration uses a neutral arbitrator instead of a judge or jury,
may allow for more limited discovery than in court, and can be subject
to very limited review by courts. Arbitrators can award the same damages
and relief that a court can award. Our agreement to arbitrate disputes
includes, but is not limited to all claims arising out of or relating to
any aspect of the Terms, whether based in contract, tort, statute,
fraud, misrepresentation or any other legal theory, and regardless of
whether the claims arise during or after the termination of the Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
The seat of Arbitration shall be Hong Kong and the language used for
arbitration shall be English.
The award of the arbitration shall be binding on both, you and us.
The suits which are impliedly or specifically barred by this agreement
shall be opposed by us by pleading this agreement.
DISPUTE BETWEEN PARTICIPANTS OR USERS ON THE WEBSITE
You acknowledge and agree that in the event that a dispute arises
between you and another User in relation to any Project that you will
first attempt to resolve any differences that you have in relation to
such Project, including in relation to the quality of the services
If the Talent is unable to complete the job then the Client will need to
submit a dispute once the job date is completed. bookd! will determine
all final decisions based on evidence provided by the client and talent
regarding the said dispute, through the job messaging system.
If the Client is unable to complete the job then the talent will need to
submit a dispute once the job date is completed. bookd! Resolution Team
will determine all final decisions based on evidence provided by the
client and talent regarding the said dispute, through the job messaging
bookd! will determine the amount of the Project if the talent and client
are both found to be in breach of contract. bookd! will execute the said
determined amount of the Project in the account of the Talent and keep
its 10% service fee for the total job amount.
If you continue to have any difficulties or problems in relation to a
dispute with another User in relation to a Project we encourage you to
contact us as set out in the Clause entitled "Contacting us"
Upon receipt of a dispute, bookd! shall have the right to request the
Client and the Talent to provide documentation in support of their claim
or position in relation to the dispute. You agree that bookd! has
absolute discretion to accept or reject any document provided. You also
acknowledge that bookd! is not a judicial or alternative dispute
resolution institution and that we will make the determinations only as
an ordinary reasonable person. In addition, we do not warrant that the
documents provided by the parties to the dispute will be true, complete
or correct and you agree to indemnify and (to the maximum extent
permitted by law) hold bookd! and any of our affiliates harmless against
any damages or liability you may suffer as a result of any documentation
or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Website, you hereby
agree to indemnify bookd! from any and all claims, demands, and damages,
actual and consequential, of every kind and nature, known and unknown,
that is related to such a dispute,
A User found to be in breach of the Code of Conduct during the Project
may automatically lose the dispute in favour of the other party
involved, regardless of the origin of the dispute. The User who breached
the Code of Conduct may also incur further disciplinary action.
You are prohibited from violating or attempting to violate the security of the Site,
including, without limitation, (a) accessing data not intended for you or logging onto
a server or an account which you are not authorized to access; (b) attempting to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to interfere with
service to any other user, host or network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or
"crashing;" (d) sending unsolicited email, including promotions and/or advertising of
products or services; or (e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. We will investigate occurrences that may
involve such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations. You agree not to use any
device, software or routine to interfere or attempt to interfere with the proper
working of this Site or any activity being conducted on this Site. You agree, further,
not to use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Site other than the search engine and
search agents available from us on this Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the
Site and Services are subject to our Privacy Statement.
By using the Site and Services, you accept that communication with us will be
mainly electronic. We will contact you by email or provide you with information
by posting notices on the Site and Services.
You acknowledge that all contracts, notices, information and other communication
we may provide electronically comply with any legal requirements that such
documents are in writing.
Notice will be deemed received and properly served immediately when posted on
the Site and Services, 24 hours after an email is sent, or 3 days after the date
of posting any letter. As proof of service, it is sufficient that:
For letters, the letter was properly addressed, stamped and placed in
the post; and<
- For emails, the email was sent to the specified email address.
- LEGAL COMPLIANCE
In addition to this Agreement, you must familiarize yourself with, and comply
with the Policies, domestic laws (including common law), state legislation,
international laws, statutes, ordinances and regulations regarding your use of
our services. Notwithstanding successful conclusion of a transaction you must
ensure strict compliance with any particular formalities which, if not complied
with, will either render a transaction void or unlawful.
You alone, and not we, are responsible for ensuring that the services and any
other activities conducted on the website are lawful. You must ensure that they
comply with all applicable laws in Hong Kong and all other countries.
You should comply with country, state and federal regulations.
- NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement,
or the failure to require at any time performance by you of any of the provisions of
these provisions, shall in no way be construed to be a present or future waiver of such
provisions, nor in any way affect the our right to enforce each and every such provision
thereafter. The express waiver by us of any provision, condition or requirement of these
provisions shall not constitute a waiver of any future obligation to comply with such
provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be
invalid or unenforceable, such invalidity or unenforceability shall in no way affect the
validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms,
in whole or in part, by operation of law or otherwise, without obtaining our
prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms,
in whole or in part, without your consent. Any assignment or delegation in
violation of the foregoing will be null and void. These Terms will be binding
and inure to the benefit of each party’s permitted successors and assigns.
- FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this
provision, would or might constitute a breach of these Terms, where this arises out of
circumstances beyond our control, including but not limited to:
acts of god;
- shortage of supplies, equipment, and materials;
- strikes and lockouts;
- civil unrest;
- Computer hacking; or
- malicious damage.
- EDIGITAL SIGNATURE:
By using our services, you are deemed to have executed this Agreement
electronically, effective on the date you register your Account and start using
In connection with this Agreement, you may be entitled to receive certain
records, such as contracts, notices, and communications, in writing.
To facilitate your use of the website, you give us permission to provide these
records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access,
via email, all records and notices for the services provided to you under this
Agreement that we would otherwise be required to provide to you in paper form.
However, we reserve the right, in our sole discretion, to communicate with you
via the Postal Service and other third-party mail services using the address
under which your account is registered. Your consent to receive records and
notices electronically will remain in effect until you withdraw it. You may
withdraw your consent to receive further records and notices electronically at
any time by contacting Customer Support. If you withdraw your consent to receive
such records and notices electronically, we will terminate your access to the
Services, and you will no longer be able to use the Services. Any withdrawal of
your consent to receive records and notices electronically will be effective
only after we have a reasonable period of time to process your request for
withdrawal. Please note that your withdrawal of consent to receive records and
notices electronically will not apply to records and notices electronically
provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you
electronically, you must notify us of any change in your email address by
updating your Account information on the website or by contacting
These Terms collectively represent the entire agreement and understanding between you
and us and supersede any other agreement or understanding (written, oral or implied)
that you and we may have had. Any statement, inducement, promise, covenant or condition
not expressly found either in these Terms shall be deemed as void.
For any further clarification of our Terms please write to us at email@example.com.