Filmworks – Terms of Service

Last updated on May 30, 2024

Welcome to Filmwork’s Terms of Use for the Website and Application.

This Website and Application is created and operated by Indieworks Technologies Pvt. Ltd. These Terms of Service ("Terms") govern your access to and use of Filmworks, a SaaS platform operated by Indieworks that connects Actors and Productions / Casting Agents (the "Service"). The Service includes the website, mobile applications, APIs, and any associated features or content. By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service. These Terms incorporate our Privacy Policy by reference. Your use of the Service also must comply with any product-specific guidance posted on the Service

This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access or usage of “filmworks.in”

Understanding that every individual’s path is unique, we offer personalized care crafted with the highest level of expertise. While outcomes may vary, we encourage you to explore what aligns best with your needs. Our team is here to support you at every stage of your journey.

We respect you and take the information provided by you very seriously and hence the creator of this Terms of Service ensures a steady commitment with regard to the protection of your invaluable information also to support the ongoing cause that you may share across on this Platform. We ask for this information so that we can understand more about the people who support us. The creator of these Terms of Use ensures your steady commitment to the usage of the Website and Application and the services provided by the Filmworks on the Website and Application “filmworks.in”.

For the purpose of these Terms of Use ("Terms of Use"), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Website and Application and/or the Filmworks, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Website and Application provided by the Filmworks and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Website and Application, Platform or individual apart from the Users and the creator of this Website and Application. “Website and Application” refers to the Website and Application created by the Filmworks.

1. GENERAL TERMS:

  1. The headings of each section in these Terms of Use or Privacy Policy are only for the purpose of organizing the various provisions under these Terms of Use and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the Users. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on You using the Website and Application.
  2. The use of this Website and Application by You is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Website and 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 Application, You are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.
  3. You expressly agrees and acknowledges that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other
  4. The Platform does not offer any professional advice, including legal, medical, or financial advice. Users are advised not to rely on the Platform for any such purposes.
  5. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website and Application, and that the same shall be deemed to be incorporated into these Terms of Use 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 Use and the Privacy Policy binding on You and that your act of visiting any part of the Website and Application constitutes the User’s full and final acceptance of these Terms of Use and the Privacy Policy.
  6. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to You, and You expressly agrees 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 Application at once. Your continued use of the Website and Application will signify your acceptance of the changed terms

2. REGISTRATION:

  1. You are required to register yourself on the Website and Application in order to avail the Website and Application and its services. For the purpose of registration, you shall be required to provide the Email Id on the registration link available on the homepage of the Website and Application.
    1. Users can create accounts using their Name, Phone Number, and Email Address
    2. When you register you must provide accurate, complete and current information including your name, email, date of birth, gender, phone number, profile photos and videos, and (optionally) costume measurements and payment details.
    3. The Registrations shall be deemed complete only upon your's authentication and verification of your's details through email authentication.
    4. Upon successful registration, users may gain access to services provided by the Platform.
    5. As a responsible Website and Application, we do not let you link your social media with the Website and Application for registration purpose or otherwise.
    6. You are responsible for maintaining confidentiality of your account credentials and for all activity conducted under your Account. Notify us immediately at admin@indieworks.in if you believe your Account has been compromised.
    7. Creating multiple Accounts for the purpose of abusing free trials, circumventing suspensions or similar behavior is prohibited.

3. 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 Use following the Law. However, if you are minor using this Website and 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. We may request proof of age or parental consent. We reserve the right to suspend or terminate Accounts that do not meet eligibility requirements.
  2. You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  3. You shall not use the Website and 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.

4. SUBSCRIPTIONS, BILLING AND PAYMENT:

  1. Subscription Offering: Filmworks offers a Free Tier (browse and profile creation, no visibility to Productions), and an Annual Paid Subscription (₹1,199) that enables visibility to Productions and the ability to apply to projects.
  2. Payment Processing: Payments are processed by third-party providers. By subscribing, you authorize Filmworks and the processor to charge your selected payment method for the subscription and applicable taxes or fees.
  3. Billing Cycle and Renewal: Subscriptions last 365 days. If auto-renewal is enabled, it will renew at the prevailing price unless canceled before renewal. Email notification will be attempted before renewal.
  4. Price Changes: Future renewal prices may change, but the price for an active paid term will not increase. Changes will be communicated where required by law.
  5. No Refunds: Refunds are not offered unless required by law. Users outside India cannot subscribe until payment methods are enabled for their location.
  6. Failed Payment: Failed payments may result in suspension or termination of subscription and visibility. Reinstatement requires successful payment.
  7. Chargebacks and Disputes: . If you dispute a charge with your financial institution, you must also contact us at admin@indieworks.in promptly. Excessive or fraudulent chargebacks may result in termination of your Account and referral to law enforcement.

5. FREE TIER AND PAID TIER:

  1. Free Tier Limitations. : Free accounts may register, create a profile and browse open casting calls, but will not be visible to Productions and may not apply to projects.
  2. Paid Tier Benefits Paid Subscribers gain visibility to Productions, the ability to submit applications to casting calls, and access to any additional paid features we make available.
  3. Service Quality. We aim to provide reliable service, but we do not warrant uninterrupted access. We will use commercially reasonable efforts to maintain service availability and to respond to support requests.

6. CONTENT:

  1. All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We has 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 Application.
  2. All the Content displayed on the Website and 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.
  3. You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and Application and whilst feedback and comments by You can be made via the Website and 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 Application. Further, the Website and 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 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.
  4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website and Application. You shall not copy, adapt, and modify any content without written permission from Us.
  5. By posting User Content you grant Indieworks a worldwide, non‑exclusive, transferable, sublicensable, royalty‑free license to use, reproduce, distribute, modify (for technical or display purposes), publicly perform and display such content solely to provide and promote the Service and to operate the platform (the "Platform License"). This license is limited to uses reasonably necessary to operate the Service and will terminate when you delete the User Content, except that copies may persist in backups and logs for a reasonable retention period.
  6. When you apply or make your profile visible, you grant Productions and Casting Agents a limited, non‑exclusive license to view and consider your User Content for casting and recruitment purposes.

7. Indemnity

  1. 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 Use. 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 Application
    2. Your violation of these Terms of Use
    3. Your violation of any rights of another
    4. Your alleged improper conduct under these Terms
    5. Your conduct in connection with the Website and Application
    6. You agree to fully cooperate in indemnifying Filmworks at your expense and not to settle with any party without Filmworks' consent.
  2. 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 Application and/or the Services or materials contained therein.

8. LIMITATION OF LIABILITY

  1. The Founders/ Promoters/ Partners/ Associated people of Filmworks are not responsible for any consequences arising out of the following events:
    1. If the Website and 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 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 Application or any service availed of by Us through the Website and 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 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 Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and Application and which is incurred by you in connection with the Website and Application, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.
  5. To the fullest extent permitted by law, Indieworks’ aggregate liability in respect of any claim arising from these Terms or the Service is limited to the greater of (a) the amount you have paid to Indieworks for the Subscription in the 12 months preceding the event giving rise to the claim, or (b) Rs. 1,199.
  6. Indieworks will not be liable for any indirect, incidental, special, consequential, exemplary damages (including lost profits, loss of goodwill, or loss of business opportunity) even if advised of the possibility of such damages.
  7. Nothing in these Terms limits liability for death or personal injury resulting from our gross negligence, for fraud, or for any other liability that cannot be limited under applicable law.

9. TERM

  1. These Terms of Use shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continues to access and use the Website and Applications.
  2. You may terminate your use of the Website and Application at any time.
  3. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Website and Application at any time and for any reason, if any discrepancy or legal issue arises.

10. TERMINATION

We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website and Application, or any portion thereof, at any time, without notice or cause.

11. COMMUNICATION

  1. By using this Website and Application and providing Your identity and contact information to Us through the Website and Application, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.
  2. b. You can report to “admin@indieworks.in” if you find any discrepancy with regard to Website and Application or content-related information and We will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation
  3. Users will not be notified of changes to these terms via email. We do not communicate directly with users unless necessary for account management or support. No analytics are collected from users without their knowledge.
  4. You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Website and Application or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

12. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT:

You agree and acknowledges that you are a restricted user of this Website and Application and you:

  1. Users are expected to adhere to certain responsibilities and restrictions. Prohibited actions include uploading fake documents, misusingmdata, and sharing documents without proper consent. Users are solely responsible for any content they upload, affirming they have the necessary rights and permissions. The Company reserves the right to remove content that violates these Terms
  2. Agree to provide genuine credentials during the process of registration on the Website and Application. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.
  3. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
  4. You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  5. Understand and acknowledge that the data submitted is manually entered into the database of the Website and Application. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Website and Application.
  6. Authorize the Website and Application to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
  7. g. Understand and agree that, to the fullest extent permissible by law, the Website and Application or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website and Application or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  8. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website and Application. Any such use/limited use of the Website and Application will only be allowed with the prior express written permission.
  9. Agree not to access (or attempt to access) the Website and Application and/or the materials or Services by any means other than through the interface provided by the Website and Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and Application will lead to suspension or termination of your access to the Website and Application. We disclaim any liabilities arising concerning such offensive content on the Website and Application.
  10. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website and Application is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website and Application, at our sole discretion.

You further undertake not to:

  1. Engage in any activity that interferes with or disrupts access to the Website and Application or the Services provided therein (or the servers and networks which are connected to the Website and Application);
  2. Users may not use the Platform for unlawful purposes and must comply with applicable local laws and regulations. Users are permitted to collect data in accordance with the data protection and privacy laws of their respective countries.
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  4. Probe, scan or test the vulnerability of the Website and Application or any network connected to the Website and Application, nor breach the security or authentication measures on the Website and Application or any network connected to the Website and Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website and Application, or any other viewer of the Website and Application, including any User account maintained on the Website and Application not operated/managed by the User, or exploit the Website and Application or information made available or offered by or through the Website and Application, in any manner;
  5. Disrupt or interfere with the security of, or otherwise cause harm to, the Website and Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Application or any affiliated or linked and Website and Applications.
  6. Use the Website and Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website and Application or any other third party (s);
  7. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website and Application;
  8. Violate any applicable laws, rules or regulations currently in force within or outside India;
  9. Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Website and Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  10. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Website and Application;
  11. Further

  12. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Website and Application might be directed to disclose any information (including the identity of persons providing information or materials on the Website and Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  13. By indicating Your acceptance to use any services offered on the Website and Application, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
  14. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
  15. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Website and Application without prior intimation whatsoever.
  16. You agree not to post any material on the Website and Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
    1. belongs to another person and to which you have no right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. is in any way harmful to minors;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    7. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    8. The platform may provide general legal advice, property pricing estimates, or market insights. However, these are for informational purposes only and should not substitute professional advice tailored to individual needs. The Company does not guarantee the accuracy of property details or data sourced from third parties. Liability for any claims is limited to the amount paid by the user for the specific service, with maximum liability determined based on the nature of the service.

13. CONTENT MODERATION AND TAKEDOWN PROCEDURES

  1. Moderation. We may monitor, review and remove User Content that violates these Terms or applicable law. We have no obligation to do so, but we may act to remove or restrict access to content at our discretion.
  2. Reporting Violations.. If you believe content on the Service violates these Terms or infringes your rights, notify us at admin@indieworks.in  with sufficient details (including URLs, Account names, and description of the violation).
  3. Copyright Claims. For copyright infringement claims, provide a written notice with the information required by the Copyright Act, 1957 (or other applicable law), including a description of the infringing work, location on the Service, your contact information, a statement of good faith belief, and a signature. We will respond in accordance with applicable law.
  4. Repeat Infringers. Accounts that repeatedly infringe will be terminated.

14. SUSPENSION OF USER ACCESS AND ACTIVITY:

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit the You access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website and Application, and/or refuse to the usage of the Website and Application, without being required to provide you with notice or cause:

  1. If you are in breach any of these Terms of Use or the Privacy Policy;
  2. If you have provided wrong, inaccurate, incomplete or incorrect information;
  3. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
  4. Users may not use the Platform for unlawful purposes and must comply with applicable local laws and regulations. Users are permitted to collect data in accordance with the data protection and privacy laws of their respective countries.

15. REFUNDS, CANCELLATIONS AND RETURNS:

  1. Cancellation. You may cancel your Subscription at any time through Account settings or by contacting [admin@indieworks.in](mailto:admin@indieworks.in). Cancellation prevents future renewals but does not automatically entitle you to a refund for the current paid term except as provided below.
  2. Refund Eligibility. Refunds are available only if an Actor has not received a single invite from any Production during the active Subscription period. To request a refund, provide a written request to admin@indieworks.in.in describing your Account, payment details, subscription dates, and evidence that you have not received any invites. We will investigate and, if approved, issue a refund to the original payment method.
  3. Exclusions. No refunds are provided where the Subscriber has received at least one invite, or where the Subscriber has violated these Terms.
  4. Timing. Approved refunds will be processed within a reasonable time; the time to reflect in your account depends on the payment processor and bank.
  5. Cancellation. We do not provide prorated refunds for partial-term usage except at our discretion or where required by law.

16. DATA RETENTION, PRIVACY AND SECURITY:

  1. Privacy Policy. . Our Privacy Policy explains how we collect, process, and share personal data. It is incorporated by reference into these Terms.
  2. Data Retention We retain your User Content and personal data while your Account is active and for a reasonable period after termination (typically no longer than 90 days) to allow for account recovery, record-keeping and to meet legal obligations. Backups may persist longer in encrypted form. If you request deletion of your personal data, we will comply subject to legal obligations and technical constraints.
  3. Data Deletion Requests. To request deletion, contact  admin@indieworks.in with details of your Account. We will verify your identity and process the request in accordance with applicable law.
  4. Security We implement commercially reasonable technical and organizational safeguards to protect your data. However, no system is perfectly secure; we cannot guarantee absolute security. You should not share sensitive personal information in public fields.

17. INTELLECTUAL PROPERTY RIGHTS:

  1. Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Website and Application’s 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. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and Application and other distinctive brand features of the Website and Application are the property of the Website and Application or the respective copyright or trademark owner. Furthermore, concerning the Website and Application, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website and Application.
  2. You shall not use any of the intellectual property displayed on the Website and Application in any manner that is likely to cause confusion among existing or prospective Users of the Website and Application, or that in any manner disparages or discredits the Website and Application, to be determined in the sole discretion.
  3. 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 Application through which the You can communicate with other users and the Website and Application does not own any of the intellectual property relating to the independent content displayed on the Website and Application, apart from created graphics and specified content.
  4. d. 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 Use and/or Privacy Policy.

18. DISCLAIMER OF WARRANTIES AND LIABILITIES

  1. a. You further agree and undertake that you are accessing the Website and Application at your sole risk and are that you are using the best and prudent judgment before availing any features on the Website and Application or accessing/using any information displayed thereon.
  2. You agree that any kind of information, resources, activities, recommendations obtained/availed from Website and 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 Application will be uninterrupted or error-free, or that the Website and 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 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 Use and/or Privacy Policy.
  5. While we strive for our Expert Services to be beneficial, it is important to understand, agree, and acknowledge that they may not be suitable for everyone's needs or appropriate for every specific situation. Our services may not serve as a substitute for certain mental health requirements that necessitate in-person therapy services, such as active substance withdrawal or anorexia nervosa treatment.

19. 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.

20. DISPUTE RESOLUTION AND JURISDICTION

  1. a. It is expressly agreed to by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. 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 Use and/or Privacy Policy.
  2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai, Tamil Nadu, India.
  3. You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
  4. The liability of Indieworks Technologies Pvt. Ltd for any claims arising out of the use of the Platform is limited to the maximum amount that is allowed under applicable laws.

21. MISCELLANEOUS PROVISIONS:

  1. Entire Agreement:

    These Terms of Use, read with the Privacy Policy, form the complete and final contract between the You and 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 of either Party at any time to require performance of any provision of these Terms of Use shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms of Use, 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 Use.

  3. Severability:

    If any provision/clause of these Terms of Use 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 Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use 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 Use or the Privacy Policy, the practices of the Website and Application, or your experience, you can contact us at "admin@indieworks.in"

Disclaimer Policy

We try to keep the Website (hereinafter referred to as “Platform”) up and running and free of annoyances. But we make no promises that we will succeed. Here's a refined version of your point for use in a professional disclaimer:

THE COMPANY IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE PLATFORM WILL ALWAYS BE SECURE, AND ERROR-FREE, (B) THE PLATFORM WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE PLATFORM WILL BE TIMELY OR ACCURATE.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY WILL BE RESPONSIBLE FOR.

THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY USERS FROM THE USE OF THE PLATFORM PROVIDED ON THE SERVICES AVAILABLE ON THE PLATFORM OR THE CONTENT ON THIS PLATFORM. THIS INCLUDES BUT IS NOT LIMITED TO LOSS OF REVENUE/DATA RESULTING FROM DELAYS, AS MAY OCCUR BECAUSE OF ANY ACT/OMISSION OF PARTIES. THIS DISCLAIMER OF LIABILITY ALSO APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

THE COMPANY ALSO MAKES IT CLEAR THAT IT SHALL NOT BE HELD LIABLE FOR ANY DAMAGE/HURT/INCONVENIENCE CAUSED TO THE USER THROUGH THE COURSE OF USAGE OF THE PLATFORM AND/OR CONTENT OR AS A RESULT OF THE USERS’ ACTIONS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS. THE CONTENT ON THE PLATFORM ARE INTENDED TO BE SUBJECT TO AVAILABILITY, WITHOUT ANY PROMISES OR GUARANTEES ON THE SAME BY THE COMPANY OR BY THE PLATFORM, AND WHILE CERTAIN INFORMATION AVAILABLE ON THE PLATFORM IS THE PROPERTY OF THE COMPANY AND THE COMPANY ENDEAVOURS TO KEEP THE SAID INFORMATION UPDATED AND ACCURATE, THE COMPANY SHALL NOT MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE PLATFORM OR THE INFORMATION, OR RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

THE COMPANY BEARS NO RESPONSIBILITY WHATSOEVER FOR ANY CONSEQUENCES ARISING FROM THE USE OF THE PLATFORM BY USERS. THE USE OF THE PLATFORM IS THE SOLE RESPONSIBILITY OF THE USER (OR LEGALLY AUTHORISED PERSON ON BEHALF OF THE USER), AND IN CASE OF ANY NEGLIGENCE ON THE PART OF THE USER IN ACTING ON THE SAME SHALL NOT BE CONSTRUED AS IMPOSING ANY LIABILITY, DIRECT OR INDIRECT, ON THE COMPANY/ PLATFORM.

THE COMPANY SHALL DISCLAIM ALL RESPONSIBILITY AND OWNS NO LIABILITY TO USERS FOR ANY OUTCOME (INCIDENTAL, DIRECT, INDIRECT OR OTHERWISE) FROM THE USE OF THE PLATFORM. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE PLATFORM .

THROUGH THIS PLATFORM, YOU ARE ABLE TO LINK TO OTHER PLATFORM WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. WE HAVE NO CONTROL OVER THE NATURE, CONTENT, AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION OR ENDORSE THE VIEWS EXPRESSED WITHIN THEM. EVERY EFFORT IS MADE TO KEEP THE PLATFORM UP AND RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE PLATFORM BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE PLATFORM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM ARE DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK, AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

FILMWORKS

fw_logo

Address: Lazer St, South Phase, SIDCO Industrial Estate, Guindy, Chennai, Tamil Nadu 600032, India

Phone: +91 80654 88190

_x_icon

Copyright © 2025 filmworks, inc. All rights reserved