Terms & Conditions
Terms & Conditions
In these conditions, unless the context requires other wise:
1.1. “Worby Ltd”
and any other website established by Worby Ltd, including any pages on social networking sites.
1.2. ‘WLTD’ means Worby Ltd whose registered office is:No1 Royal Terrace, Southend on Sea, Essex, SS1 1EA. With a practicing address of Unit 3 Carlton Court. 1 Grainger Road, Southend on Sea, Essex, SS2 5BZ
- Application of these conditions of use
By accessing the Worby ltd website or publications, you are bound by these conditions of use. If you do not agree to be bound by these conditions, you may not use or have access to the website or said literature. These terms may be changed at any time and without notice to general public. All members shall be notified of changes before they are introduced. By your continued access and use of the website you agree to be bound. Please check these terms and conditions on a regular basis for any changes that have been made.
- 3. Copyright and database right
Except where otherwise noted, Worby Ltd owns legally and beneficially all the intellectual property rights within the website (excluding the rights copyrights held by third-party users in reference to images and text provided for the website). Any pages or contents that are not owned by the Institute are clearly marked. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as Worby Ltd Website search results which are extracted from a compilation owned by Worby Ltd.
- 4. Trademarks and intellectual property
“Worby Ltd website” and all other trademarks and intellectual property cited anywhere on The Worby Ltd website are the property of their respective owners. ‘Intellectual property’ includes the trademarks, patents, designs, copyrights logos, whether registered or unregistered registered or unregistered designs utility models copyrights including design copyrights applications for any of the foregoing and the right to apply for them in any part of the world discoveries creations inventions or improvements upon or additions to an invention confidential information know-how and any research effort relating to any of the above mentioned business names whether registerable or not moral rights and any similar rights in this country or any other country logos promotional material and website addresses belonging to their respective owners.
- 5. Permitted uses
Save as provided below, no materials from Worby Ltd website may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way. WLTD takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed. Subject to applicable third party content providers’ licences, you are allowed to access Worby Ltd website database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business. For the avoidance of doubt and without limitation, you are expressly prohibited from:
- modifying the data or other material from Worby Ltd
- providing commercial information, redistributing or reproduction of the same
- issuing questionnaires, reply cards or similar for the purpose of data capture
- permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights.
- No licence Except as expressly provided, nothing contained in these conditions or anywhere on Worby Ltd website shall be construed as conferring any licence under any of WLTD’s or any third party’s intellectual property rights.
- Disclaimer of representations and warranties
Worby Ltd website is provided by WLTD on an “as is” and “as and when available” basis to users. You use Worby Ltd website at your own risk. WLTD and its associated content provider organisations make considerable efforts to make information made available via Worby Ltd website as accurate as possible but no warranty or fitness is implied. Neither WLTD nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied. WLTD makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- Worby Ltd website, its content, merchandise, services, documents, information, items or materials provided by WLTD in connection with the use of Worby Ltd website; or
- any goods or services or information received through or advertised on Worby Ltd website or received through links provided on Worby Ltd website; including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise. No oral advice or written information given by WLTD or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice. In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
- 8. Advice not provided
Worby Ltd website is a site intended to give members of the public access to information on the WLTD website. WLTD is not an agent for and does not vouch for, recommend or guarantee those persons, companies and other organisations whose goods or services may be displayed or referred to in Worby Ltd website, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations or members. WLTD advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in Worby Ltd website. Worby Ltd website may make available certain information provided by third parties. WLTD recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting, financial services or advice or any other profession, you seek advice from a qualified professional.
- Limitation of liability Certain financial information (including information about actual or potential investments, stocks, shares and securities) may be published on this website by WLTD but please note that by doing so WLTD is not guaranteeing or holding out that such information is accurate, authentic, up-to-date or correct. Please also note that WLTD does not offer this information as advice within the meaning of the Financial Services Act 2000 and that in any event WLTD is not authorised by the Financial Services Authority to give such advice. You should in all circumstances consult your own authorised independent financial adviser for advice concerning such matters and WLTD accepts no responsibility whatever for reliance on any such information it provides. Any information provided on this website, including financial, investment or business information, is provided by way of illustration only and you should not rely on such information for the purposes of developing, investing in or trading in your own business or in any one else’s business. You should always seek the advice of your own qualified accountant, authorised independent financial adviser or business adviser in any event and WLTD accepts no responsibility whatever for reliance on any such information it provides. Under no circumstances will WLTD or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of Worby Ltd website be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
- the use and reliance on Worby Ltd website; or
- the inability to use Worby Ltd website; or
- mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to Worby Ltd website including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to WLTD’s records, programs or services; or
- information or advice received through or advertised on Worby Ltd website and information or advice received through or advertised on any links provided on Worby Ltd website; or
- any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using Worby Ltd website. WLTD is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using WLTD is done at your own risk and WLTD shall not be responsible or liable for any damages or loss of whatever kind that may result from transmitting such information. However this clause does not apply to any personal injury or death which results from the same and WLTD does not seek to limit its liability in relation thereto. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
10. Models responsibilities
The aim of the model should be to act in a manner that does not bring the name of Worby Ltd into disrepute and to work with agents to increase the effectiveness of their marketing and management efforts. Upon receiving an offer of a contract, the model should observe a cooling off period of 7 days to ensure that the model can fully consider their options. Should the model feel pressured into joining, the model has an obligation to report the Agencies/Scout to the Institute to ensure that further models are not exploited in this manner. The Model should not pay any upfront fees to the agent for joining the agencies. The model should be aware that the agent will charge a percentage of the work as a commission, sometimes upto 30%, check the agreement. The Model should ensure that they receive a copy of all booking confirmations and that the fees and travel expenses and relevant commissions are agreed prior to undertaking the work. The model is responsible for reporting their BMI (Body Mass Index), to the Institute on a six-monthly basis. Where Worby Ltd considers the model’s BMI to be of concern, Worby Ltd shall put the model in touch with expert advice. Where the model is under 16 years of age, the model should ensure that their guardian is fully aware of their wish to enter into the model industry. Contact details for the guardian must be provided to Worby Ltd, in order for authentication to be undertaken.
11. Scouts responsibilities
The aim of the model scout is to find potential models through on-street scouting or via auditions. Upon offering a modeling contract to a model, a cooling off period of 7 days should be adhered to, ensuring that the model has chance to consider their options. Income for scouts should be derived from finders fees charged to an agent, rather than to the model. No request for payment of money and/or services or goods should be made by the scout to the model. Any such request would result in immediate dismissal from Worby Ltd. In respect to models under the age of 16, scouts are advised to act cautiously and ask to speak directly with the individuals guardians. It is important that the guardian is kept fully aware at all times.
12. Agencies responsibilities
The aim of the model agency should be to manage each model’s career to the highest standard as to improve and maximise the potential. Upon offering a modeling contract to a model, a cooling off period of 7 days should be adhered to, ensuring that the model has chance to consider their options. Income should be derived form commission on jobs/contracts obtained by the agent for the model, no up-front fees should be charged. Should the model be new/amateur model the agencies may make an offer of providing photography and printing services, however, this should not be a prerequisite of the model obtaining a contract with the agency. All bookings should be confirmed by the client to the agent prior to the commencement of the job. We recommend that the Institute Booking Confirmation is used, however, if you decide to utilise your own layouts you must ensure that the form details fees, travel/expenses and usage details. A copy of the confirmation should be provided to the model. We request that the agency monitors equal opportunities to ensure that the agency does not discriminate against a model because of their race, sexual orientation, age or disability. Agents are responsible for ensuring that their models BMI (Body Mass Index), is within the Institute guidelines. Where BMI records are cause for concern, the agent should provide contact for advice and welfare. In respect to those under the age of 16, agents are to undertake to provide additional resources to these models. This includes but is not exclusive to; providing chaperone, working hours of no more than 25 hours per week. Agents will be required to obtain written consent from the models guardian of acceptance and copies of all booking forms should be provided to the models guardians. It is a requirement under the terms of membership that insurance is provided to cover the model during jobs provided through the agent. The agent is responsible for undertaking risk assessments of photo shoots, and ensuring that the model is fully aware of any risks involved.
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and WLTD with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
14. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. WLTD controls Worby Ltd website from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing Worby Ltd website you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Worby Ltd website. You and WLTD also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of Worby Ltd website accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.