TERMS OF USE
Last updated on: 28-Oct-2022
- INTRODUCTION
We UEV SocioLadder Technologies Pvt Ltd, is a private limited company duly incorporated under the provisions of the Companies Act, 1956/2013, and have it’s registered office at NO.136, SRI SRI, 15TH CROSS, NAGAVARAPALYA BANGALORE Bangalore KA 560093 IN (“Company”) is committed to providing you with the best services in the industry. We own and operate an aggregator platform under the brand name LETSCASThaving URL as www.letscast.com (“Platform”). Our Platform is an aggregator that is designed and curated for the users to register their projects/ portfolios on the Platform and the Company will act as a mediator for them to avail the desired services at their agreed terms and conditions. The Company only provides the Services through the medium of the Platform, we do not per se provide any direct services to the customers outside the platform. This Terms of Use (“Policy”) forms a contractual relationship between the User and the Company for all purposes. This Policy outlines the rights and obligations imposed upon the User while using the Platform. The Policy is applicable to all kinds of usage and access of the Platform including but not limited to registration, creation of an account, placement of the order, payment terms, etc., between the Users and the Company. This Policy is our commitment to outlining the process of the usage and access of this Platform. This Policy is an electronically generated document and does not require any physical copy for any purposes. - DEFINITION
- “Account” means the account created by the User on our Platform to avail the services.
- “Application Fees” means a one-time fees for registration of details of the User on the Platform.
- “Applicable Laws” means any statute, law, rule, ordinance, notice, statute, judgment, rule of common law, governmental approval, or other governmental restriction or any decree or notice in effect on the date of this Policy or any time after.
- “Platform” means the website www.letscast.com through which we offer our Services.
- “Registered User” or “Users” includes and means the user who has created their Account on the Platform to avail of the Services.
- “Service Agreement” means a separate written Agreement that the Company will enter into with the User and that will specifically define and govern the specific relationship of the parties.
- “Services” shall mean an aggregator platform wherein services in respect of Talent Casting, Films & OTT Partnership, and registration as Talent are provided to the Users.
- “Annual Administration Fees” shall mean and include the fees payable by the User post registration and creation of an Account on our Platform to avail the Services.
- “Talent” shall mean any professional working in the entertainment industry and include Artist, Cinematographer, Director, Assistant Director, Musician, Singer, Art Director, Costume Designer, Lead Technician, and Location Scout.
- “Visitor” shall mean any natural or legal person who browses through the Platform for informational purposes regarding the Platform or the Services it offers thereof.
- INTERPRETATION
- The terms “we”, “our”, “us”, and “Platform” shall refer to the Company for the purposes of interpretation in this Policy, unless the context denotes otherwise.
- The terms “User”, “Customer”, “You”, “Your”, and “Yours” shall refer to any natural person or legal person who is either browsing our Platform or availing our Services, for the purposes of interpretation in this Policy, unless the context denotes otherwise.
- The words denoting the singular shall include the plural and vice versa for the purposes of interpretation in this Policy, unless the context denotes otherwise.
- The words denoting any gender include all genders for the purposes of interpretation in this Policy, unless the context denotes otherwise.
- The headings in this Policy are inserted for convenience only and shall be ignored in construing any meaning in this Policy.
- COMPLIANCE
- This Policy is made in compliance with all the applicable laws, rules, and regulations in force and is in cooperation with all the Applicable Laws of the state. Also, this Policy is published on our Platform in compliance with the Applicable Laws in force. For all the purposes of collection, use, disclosure, storage, and protection of your personal data as collected on the Platform, we follow all the set procedures and guidelines set under the Applicable Laws and regulations and we are committed to make adequate amendments to this Policy as and when required under any Applicable Laws for the time being in force.
- The Company reserves the right to amend, alter, modify, add and/or delete any portion and/or clause of this Policy without any prior intimation in this regard. It is your responsibility to check and go through the Policy in its entirety on a periodical basis in order to have knowledge of any amendments and/or modifications in this Policy.
- ELIGIBILITY AND APPLICABILITY
- You represent and warrant us that you are competent to enter into this Policy. You are above 18 years (in case you are an individual) are not barred by any authority or application of laws to enter into this contractual relationship. In case, you lose your competence during the term of this Policy, you shall immediately refrain from using this Platform and shall forthwith intimate us of such incompetence on [email protected]
- Any Account created for the profile of a minor as per the Applicable Laws shall be done by/ under the guidance and surveillance of the parents/ legal guardian. You should upload a written undertaking in respect of the said usage and Account creation at the Upload Section during the registration process in the Platform The legal guardian shall have the onus to provide the supporting documents with respect to the same to the Company.
- This Policy applies to all natural person or legal person who visits our Platform either by browsing it or for availing the Services provided on it. This Policy applies to you by virtue of your visit and/or registration on this Platform as a User. This Policy also applies to you by virtue of your continuous browsing on the Platform, even without the creation of any valid Account and/or suspension and/or termination of your existing Account. You also undertake and represent that you will comply with all the local rules, regulations, statutes, laws, by-laws, and the Policy throughout the term of your usage of this Platform.
- CREATION OF ACCOUNT AND MAINTENANCE
- The User shall create their Account on the Platform by filing an application or project creation form, however, the Company shall verify the Users mobile number by sending One Time Password (OTP) on the registered mobile number of the User with the Platform.
- The User shall input genuine, accurate, correct, and precise information while creating their Account.
- The User shall insert a unique username and password while creating the Account on the Platform. The username and password are confidential in nature and the User shall not share the same with any third person.
- At the time of creating the Account, the User shall pay applicable fees on the Platform.
- Post successful completion of the registration process and payment of applicable and requisite fees, the User can access the Account by filling in the credentials and can see all the activities in his/her profile in respect of the Services availed.
- The User shall not upload any incorrect, vague, vulgar, forged, wrong, or any third-Party information on the Account.
- The User shall update the details in the Account as and when there is any change or discrepancy in the same.
- GENERAL TERMS
- The General Terms ("Terms”) in respect of the usage of the Platform are:
- For availing of the Services provided by the Company through the Platform the User need to create an account on the Platform by filling in all the credentials as may be required like Name, Organization’s Name, Email Address, Phone number, etc.
- Upon creating an Account on the Portal, the User will have to verify the details by way of OTP and thereafter, will have to pay the requisite one-time Application Fees for registering on the Platform.
- If the User is a Talent looking for the right opportunities to work on, the User simply needs to create their Account on the Platform and shall submit their portfolio on the Platform along with other details required.
- The User at the time of creating the Account must submit his/her project if they are looking for Talent Casting, Distribution (OTT, Satellite or Theatrical) Partnerships and/or Production/Co-Production Partnerships.
- The Company upon successful registration of the User will scrutinize and assess the details of the User and the project uploaded on the Platform and post that the Project of the User will be approved and verified. Approval of the Project shall be based on the sole-discretion of the Company, however, If the Project is rejected due to any reason, the Company shall have no obligation to refund the Application fee. For the avoidance of doubt, the Application Money is used towards time efforts to review the Application.
- Upon successful approval and verification of the Account, the User’s Project will be live, and the User shall be proposed with an appropriate Services Contract with terms that are unique to the Project (or) Talent Portfolio and services requested thereof from the Company, and may include a non-refundable, non-transferrable Service Retainer Fees. To enable the service delivery, as per the terms of the Services Contract, the User may proceed to sign the Services Contract and pay the Service Retainer Fees as may be applicable, to avail of the Services of the Company
- The User shall also make payment of Annual Administration Fees towards subscribing to our Services. The Company at its sole discretion, reserves the right to waive the Annual Administration Fees of the User. Any such waiver will be communicated to the User.
- All Services and other information displayed on this Platform constitute an "Invitation to Offer". Your order subscribing the Services as available on the Platform by raising an order shall constitute an “Offer” towards the Platform. The Platform reserves the right to either accept or reject the Offer, based upon their sole and independent discretion and our confirmation of your Order shall constitute the “Acceptance of Offer”.
- Further, the Company reserves the sole right to restrict or block your access on the Platform or your Account, if you are found acting in contravention of the terms under this Policy and/or any other Policies of the Company, including terms of the Services Contract. You, by accessing or continuously using this Platform, acknowledge and agree with all the applicable Policies, you also acknowledge that you have read and understood all the applicable Policies, and thereby agree to be bound by the Policies.
- The User understands and acknowledges that these terms of the Policy is in respect of the usage of the Platform only and the Company will enter into separate Service Agreement with you for rendering the Services.
- The General Terms ("Terms”) in respect of the usage of the Platform are:
- SERVICES ON THE PLATFORM
- The Company provides the following services through the Platform to its Users, including but not limited to:
- Talent Casting: Under this Service of Talent Casting, the Company offers curated shortlisted Talent from a wide repository of the best and selected Talents residing and working across the Globe who are best and have exceptional expertise in their respective domain. The Company shall at no point of time offer or provide any database of Talent, it shall simply Match the most suitable talent from the repository and provide the same to the User as part of the Platform interface. The Company extends its assistance through the Platform in selecting the most appropriate and accurate Talent based on the needs of the User. To avail of this Service of the Company, you need to create your Account on the Platform and upload the Project for which Talent is required. This Talent Casting Service of the Company is available on per Project basis and if you wish to avail of this Service for multiple Projects, you need to upload each of those Projects on the Platform of the Company and shall pay such applicable fees in respect of the same. The Company will provide all the necessary support to you to find the right fit for the Project. For the avoidance of doubt, the Company expressly states that it shall take no responsibility or provide any guarantee to the User for a successful casting outcome.
- Films and OTT Partnership: This Service offers the filmmaker, director, or producer who has concepts, ideas, and scripts for mainstream cinema, over-the-top (OTT), Satellite, or Brand Advertisement to, reach out and approach the production houses, OTT Platforms, advertisement/PR agencies, etc. for the collaboration and distribution of the rights of their Projects. The Company offers and helps Users in setting up meetings with the most appropriate and renowned production houses/ OTT platforms for co-partnering with the User on their Projects, as per the terms of reference contained in the Services Contract specific to a Project. For the avoidance of doubt, the Company expressly states that it shall take no responsibility or provide any guarantee for a successful partnership between the User and 3rd parties.
- LetsCast Talent: Under this Service, all those who are Talent can register and create their Account on the Platform of the Company. This Service will enable you to be a part of the Talent repository of the Company and will enable you to have access to the possible opportunities available in your expertise domain through the Platform, via Matching service provided to you by the Platform. The Company will scrutinize and analyze your profile once you have successfully registered and created your Account on the Platform. The Company at its sole discretion reserves to select any profile and based on the selection of the Company, your application will be matched for specific opportunities. Final selection and terms of selection shall be as per the sole discretion of the owners of such Projects and the Platform shall have no say whatsoever in final selection (or) rejection. For the avoidance of doubt, the Company expressly states that it shall take no responsibility or provide any guarantee for a successful matching or selection outcome for the User.
- The Company provides the following services through the Platform to its Users, including but not limited to:
- PAYMENT GATEWAY
- To make the payment towards the Services that you will avail on our Platform, we will redirect you to the Payment Gateway. You understand and undertake that for the limited purposes of the Payment on the third-Party Payment Gateway, you shall be governed by the Terms of Use, Privacy Policy, and any other applicable policy of that Payment Gateway. We are not responsible for any act or omission, or negligence committed on the Payment Gateway and in no circumstances, any liability shall be attracted towards us.
- You can store or save your payment details on the third- Party Payment Gateway at your sole risk, we hold no responsibility for any kind towards the use or misuse of the Data so stored on the Payment Gateway. For any act or omission or negligence on the part of the Payment Gateway, you shall hold the Payment Gateway solely responsible for the same.
- CONTENT ON THE PLATFORM
- All the user information, photographs, portfolio, project, script, music, designs, concept, order, service details, and descriptions, address comments, remarks, and any other information (collectively referred to as “Content” and/or “Project”) is generated and created by you. We cease any liability or responsibilities arising out of the Project in terms of any non-compliance with this Policy or any applicable laws.
- You shall ensure that all the Content and/ or Project uploaded by you is genuine and original, and you are not infringing any third-Party copyright or any other proprietary right. You represent and undertake to only upload genuine and original Content on the Platform. You also represent and warrant that you will not upload or feed any vague, vulgar, inappropriate, incorrect, obscene, and third-Party Content on the Platform.
- In case of any violation of any Terms under this Policy, we reserve our sole right to delete, amend, change or alter any and all Content/ Project so uploaded on the Platform. We also reserve our sole right to suspend your access or delete your Account and profile from the Platform with immediate effects and for perpetuity.
- All the rights, title, intellectual property rights and any other right belongs to us on all the proprietary Content on the Platform except the content and project posted by the User on the Platform to avail the Company’s Services. We reserve our rights to change, amend and alter any and all Content. The User shall not use, alter, amend or change any proprietary Content of the Platform, however, any project or content posted by the User on the Platform the IP with respect to the same shall belong to the User.
- The Company shall have the right to feature any talent or project on its website for the promotional business of the Company and You consent to the Company for such use and publishing on the platform, as the Company deems fit. However if the User wishes to remove such promotional content that makes references to the User’s portfolio or projects, the user shall write to [email protected] and the Company shall respond to such requests within 14 business days from the date of receipt of such requests.
- INDEMNITY AND DAMAGES
- You represent and warrant that all the Content and Project details uploaded by you on the Platform are true, correct, genuine, original, novel, inventive and does not violate any third-party rights, including but not limited to any copyright or any other proprietary right that are Trademarks, Patents, Designs, etc.
- You undertake and agree to defend, indemnify, and hold the Platform, Company, and its director, shareholders, stakeholders, officers, agents, and employees indemnified from and against any and all direct and/or indirect and/or consequential damages, liabilities, third party claims, actions, losses, and expenses, attorneys’ fees and costs that the Company may have incurred or be likely to incur in future. (“Claims” and “Liabilities”).
- The above-mentioned Claims are inclusive of business loss, bodily injury or personal injury, loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part.
- You agree to also indemnify us against, any Claims or actions that are initiated by a third-party and/or you for the act, omission, negligent, willful misconduct, or violation of any applicable laws by you or any of your authorized representative, stakeholder, officers, directors, agents, employees or subcontractors, including the attorneys’ fees and costs that the Company may have incurred or be likely to incur in future.
- LINKS TO OTHER WEBSITES
- For your better usage and services on our Platform, we provide third-Party links on the Platform. You understand and acknowledge that all the third-party links are beyond our control and we undertake no responsibility towards any act, omission, malicious attacks, hacking, cross-scripting or negligence on the part of the third-Party links and the Company shall not be held liable to pay for any damages in respect of the same. You are using the third-Party links at your own risk.
- DISCLAIMER
- You by way of your continuous usage, registration, and browsing on the Platform You are giving us permission for collecting, storing and usage of your Data for all the purposes as under this Policy, any other applicable Policies or any other Applicable Laws. Your data is processed in accordance with the procedures provided for in the Privacy Policy. We only use your data for permitted purposes as under the applicable policies and Applicable Laws. We collect and store your Data for our internal governance and compliance purposes. We also store and keep your Data for the purpose of Legal compliance. We will not serve and/ or use your Data for any business, personal or otherwise unauthorized use.
- LIMITATION OF LIABILITY
- The Company operates an online Platform under the name of Letscast, and we are only providing this Platform for your ease and access to have meetings and/or partnering with the industry leaders as per your requirements, talent, and qualifications. You undertake and acknowledge that you are accepting and accessing this Platform on as-is basis. We do not provide any guarantee and warrant towards the content provided by us or the user on the Platform.
- We are not responsible for malfunctioning, connectivity issues, log-in issues, and other similar issues on the Platform. We are not responsible for any loss or damages caused because of any third-party misuse or technical failure on the Platform. We are not responsible for the breach and or any violation of any Intellectual Property Rights in respect of the Project/ Content uploaded on the Platform. The term Intellectual Property Rights is inclusive of Trademarks, Copyright, Patents, Designs, Trade Secrets, and such other proprietary rights of the User vested in the Project/ Content/ Portfolio. The maximum liability of the Company for any claims/ losses/ damages/ compensations before any Court of Law shall be limited to the amount of Fees paid by you in lieu of availing the Services of the Company.
- USER REPRESENTATIONS AND WARRANTIES
- You represent and warrant that you will follow this Policy and other applicable policies for all purposes.
- You represent and warrant that you will abide by all the rules, regulations, and laws applicable on you.
- You represent and warrant that you will only use the Platform for the purposes mentioned in this Policy and not otherwise.
- You represent and warrant that you will not violate any terms of this Policy, any other applicable policy or any applicable laws.
- You represent and warrant that you will provide accurate, genuine, and original Content/ Project on the Platform. In case of any change in Content/ Platform, you shall either make changes in your Profile.
- The User represents and warrants that they shall make the payment of the Fees on time.
- In case of any dispute between the User and the third-party regarding any Services, the User shall not initiate any legal proceeding or shall not make the Company party to any legal proceeding. The User understands and acknowledges that the Company operates an online Platform to provide the Services to the User, however, the Company shall not be held liable in any case for any claims or damages arising out between the User or the third-party.
- The User represents and warrants that they will not act in any manner that is immoral, illegal, against the public policies or tranquility and/or are detrimental or against any applicable laws.
- WITHDRAWAL OF CONSENT
- This Policy is applicable to you on the basis of your continuous browsing through this Platform. This Policy also applies to you on the basis of your registration on this Platform.
- If you wish to withdraw your consent, you can write to us at [email protected] to remove your Account. Notwithstanding anything in this Policy, we shall hold your data for the purposes of any statutory requirement under applicable laws. If you disagree with any terms and conditions under this Policy or in case you wish to withdraw your consent for any purposes of this Policy, you can immediately cease the usage of this Platform.
- REMOVAL OF YOUR ACCOUNT AND ACCESS
- We at our sole discretion, can remove or delete your Account from the Platform in the event of any violation of this Policy or any other policies applicable to you. We also reserve the right to deny access to you at our sole discretion.
- In case, we find that the details provided by you in your Account are not genuine, accurate, and correct.
- In case, we find that you have uploaded any incorrect, vague, vulgar, obscene, and third-Party information and/or details and/or Project and/or Portfolio on the Account.
- In case, you we find that you have misrepresented the Company in any manner whatsoever.
- In case, you have failed to pay the applicable fees under the policies applicable on you on repeated occasions.
- In case, you have violated, breached, or infringed any third-party rights in any manner and/or mode.
- We at our sole discretion, can remove or delete your Account from the Platform in the event of any violation of this Policy or any other policies applicable to you. We also reserve the right to deny access to you at our sole discretion.
- AMENDMENT, GOVERNING LAW & JURISDICTION
- We reserve the right to amend this Policy whenever there is any change in the law or change in the policies of the Company. This Policy shall be amended and uploaded on the Platform from time to time and you should always read the Policy for a better understanding.
- If any dispute arises between any of the Parties hereto during the subsistence of this Policy or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of this Policy, or any matters, claims, or disputes under this Policy, the same shall be dealt as per the laws of India and under the jurisdiction of appropriate courts situated in Bangalore.
- COMMUNICATION
- We appreciate your commitment to us, and your input will help us provide the best services. We consider your input as our valuable asset and encourage you to send us your input so that we can ever evolve and develop based on your constructive inputs and offer you the best of services available.
- In case of any query or concern or grievance, please feel free to reach out to us at [email protected] We will get in touch with you to understand your query and resolve the same at the earliest.