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Castiko Pvt. Ltd. S3, Oricon House, Kalaghoda, Mumbai – 01 | [email protected] Terms of Use This Terms of Use Is Entered In

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Castiko Pvt. Ltd. S3, Oricon House, Kalaghoda, Mumbai – 01 | Hi@Castiko.Com Terms of Use This Terms of Use Is Entered In Castiko Pvt. Ltd. S3, Oricon House, Kalaghoda, Mumbai – 01 | [email protected] Terms of Use This Terms of Use is entered into by and between Castiko Private Limited (hereinafter referred to as the “Company”) and the End User. The Company and the End User shall hereinafter be individually referred to as a “Party” and collectively referred to as the “Parties”, as the context may require. WHEREAS: A. The Company provides a plethora of services, including but not limited to designing and delivering performing arts education and support services through its web and mobile platforms (hereinafter referred to as the “Castiko”). B. The End User is the end consumer, who may be either a Student (defined below), Teacher (defined below), Vendor (defined below) or a Partner (defined below) for the Purpose (defined below). C. The Parties are desirous to enter into this Terms of Use. D. In consideration of the mutual promises, covenants, undertakings and agreements between the Parties hereto, the Parties hereby enter into this Terms of Use on the terms and conditions contained herein. 1. DEFINITIONS AND INTERPRETATIONS AND OVERRIDING EFFECT 1.1. Definitions: The Parties to this Terms of Use hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Terms of Use shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Terms of Use may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, certain other capitalized terms are defined elsewhere in this Terms of Use and whenever such terms are used in this Terms of Use they shall have their respective defined meanings, unless the context, expressly or by necessary implication, require otherwise: “Student Information” shall mean any and all information, including but not limited to any personally identifiable/ sensitive information of any Student. “Student” shall mean any user who has signed up to be a part of Castiko. “Applicable Law” includes all applicable statutes, enactments, acts of state legislatures or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or recognized stock exchange of any relevant jurisdiction. “Dispute” shall have the meaning ascribed to it in Clause 7.4. “Event of Default” shall mean any breach of representation, warranties and covenants by the End User. Castiko Pvt. Ltd. S3, Oricon House, Kalaghoda, Mumbai – 01 “Indemnified Liabilities” shall have the meaning ascribed to it in Clause 5. “Indemnified Parties” shall have the meaning ascribed to it in Clause 5. “Person” means and includes an individual, a sole proprietorship, an association, syndicate, a corporation, a firm, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company, a limited liability company or other entity or organization, body corporate, governmental authority, judicial authority, a natural person in his capacity as trustee, executor, administrator, or other legal representative and any other entity including a government or political subdivision, or an agency or instrumentality thereof and/or any other legal entity. “Purpose” shall mean the specific purpose in relation to which the Company has agreed to provide services to the End User, and shall not include any ancillary, consequential and/or incidental purposes thereto. 1.2. General Interpretation In this Terms of Use, except to the extent that the context otherwise requires: 1.2.1 References to a statute, ordinance or other Law shall be deemed to include any references to a statute, ordinance or other Law as amended, supplemented or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statute, ordinance or other Law; 1.2.2 References to Clauses, are reference to clauses in this Terms of Use unless the context requires otherwise and the recitals to this Terms of Use shall always be deemed to form part of this Terms of Use; 1.2.3 The headings are inserted for convenience only and shall not affect the construction of this Terms of Use; 1.2.4 The masculine gender includes the feminine gender as well as the neuter and vice versa. 1.2.5 The singular includes the plural and vice versa. 2. REPRESENTATIONS, WARRANTIES, COVENANTS AND DECLARATIONS BY END USERS 2.1. Notwithstanding anything contained herein, the End User shall not make use of Castiko or its services for any purpose that is violative of Applicable Law. 2.2. The End User agrees, understands, acknowledges and affirms that all information made available by the Company through Castiko is on an as-is-as-available basis and there are no implied or express representations and warranties made by the Company in this regard in any manner. 2.3. The Company does not make any implied or express representations, warranties, declarations and covenants in relation to any actions and/or omissions of any other End User activity. 2.4. The End User understands, agrees, affirms and acknowledges that the Company has merely made available Castiko for the use of the End User and has no control and/or restriction placed over the kind of activity that can be carried out in it. 2.5. The End User specifically represents and warrants that any and all information provided by him to the Company is true and accurate. 2 Castiko Pvt. Ltd. S3, Oricon House, Kalaghoda, Mumbai – 01 2.6. The End User acknowledges, understands, agrees and affirms that the Company has extended a limited, revocable license to the End User to use Castiko for the Purpose and that the Company holds all right, title and/or interest to any all intellectual property in relation to Castiko, including but not limited to any trademarks and copyrights associated with the user interface, user experience, learning experiences, source code and/or any marketing material. 2.7. The End User represents and warrants that he is above the age of 18. 2.8. The End User understands, acknowledges and affirms that the Company has no connection in relation to contractual relationships that are entered into after Castiko has been utilised by any person. 2.9. The End User understands, acknowledges and affirms that Castiko is only made available for his own personal use, and not for any other person. 2.10. The End User understands, acknowledges and affirms that the Company does not guarantee the compliance of Applicable Law by any third party service provider and/or other End User on Castiko. 2.11. The End User specifically covenants that he shall not upload and make available any information/data which is pornographic and/or sexually provocative in nature while communicating with other End Users on Castiko. 2.12. The End User specifically covenants that he shall not upload and make available any information/data which can be constituted to be hate speech, racist, discriminatory, segregatory and/or offensive to any group and/or ethnicity. For the purposes of this clause, such “information/data” shall include (but not be limited to any Uploaded Video and Audition Remarks) 2.13. The End User hereby warrants that he has the legal right, power and authority to enter into, deliver and perform these Terms of Use and any other documents executed by him in connection with or pursuant thereto. 2.14. Notwithstanding anything contained herein and or any connection that the Company may have with any arrangement and/or agreement that are entered pursuant thereto, the End User specifically represents and warrants that he is not prohibited, in any manner whatsoever, either directly and/or indirectly, to avail any of the services (including but not limited to access to Castiko) that have been made available to him by the Company and/or any third party through this Terms of Use. 2.15. The Student specifically covenants that he shall not allow anybody other than his legal guardian or representative to access his account on Castiko. 2.16. Notwithstanding anything contained herein, any guardian specifically covenants that he shall not access any account on Castiko other than those for which the End Users have specifically authorised such guardian or representative to act on their behalf. 2.17. Notwithstanding anything contained herein and or any connection that the Company may have with any arrangement and/or agreement that are entered pursuant thereto, the End User covenants that he shall not make use of any of the services (including but not limited to access to Castiko) been made available to him by the Company and/or any third party through this Terms of Use, for a purpose that is prohibited under Applicable Law. 3 Castiko Pvt. Ltd. S3, Oricon House, Kalaghoda, Mumbai – 01 2.18. The End User covenants that he shall not upload viruses or other malicious code to Castiko and/or any other computer system connected thereto. 2.19. The End User shall not do anything that could disable, overburden, or impair the proper working or appearance of Castiko, and/or any part thereof and/or services connected thereto, such as a denial of service attack or interference with page rendering or other aspects of operational functionality. 2.20. The End User shall not facilitate and/or encourage any violations of this Terms of Use or any of the policies of the Company. 2.21. The End User shall not create more than one account on Castiko, unless for the purposes of extending their learning experiences to other genres, courses or tracks, as is possible to do within the parameters of the Company’s platforms and services.
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