Welcome to www.castmeperfect.com and/or Castmeperfect mobile application (“Platform”). The Platform is owned and hosted by Skymines Consultancy Private Limited [CIN: U72900KL2017PTC049939] a company registered under the Companies Act 2013, having its registered office at 842-A, KK Road, Chembumukku, Thrikkakara, Cochin-682021 Ernakulam District, Kerala, India (“Company”, “Our”, “We” and “Us”).
The Access to Platform and availing Services is strictly limited to individuals/persons who are not barred by laws and regulations of India (“Applicable Laws”) to enter into a valid legally binding contract; such as those who are below the age of 18, who are of unsound mind etc.
Article I : SERVICES
The Platform provides the following services to You (“Services”)
There may be individuals who are aspiring to showcase their profile, details, with respect to their acting and/or other creative talents before a director, casting director, co-ordinator or person of similar function who has registered with the Platform (“Recruiter”) with the objective of them being part of a movie, short film, tele film, ad film, tele serial, theatre drama, cultural event, reality show etc. which are listed on the Platform by the respective Recruiter (“Project”) for a particular function such as acting, costume designing, dubbing and/or other creative activities in such Project (“Casting Call”).
Section I.01 : Services to the Aspirants
The Platform serves as an online platform enabling such aspirants to register and create profiles in the Platform (subject to You meeting the registration criteria), for a specific period as chosen by such aspirant from the options available (“Period”) and on payment of applicable charges (“Aspirant”).
During the Period, Aspirants:
1) shall have option to apply for a Casting Call in a Project through the Platform; and/or
During the Period, the Platform may also provide an option to the Aspirant, on first-come-first-serve basis, for premium listing before a Recruiter for a particular Project for a specific Casting Call on payment of charges for such premium listing. Aspirants who have opted for such premium listing will be one among the first twenty (20) numbers (or such other number as specified by Platform while opting for such premium listing) of shortlisted Aspirants (whether opted by Aspirants, suggested by the Platform or shortlisted by the Recruiter) on first-come-first-serve basis.
The Aspirant will receive a mobile sms/whatsapp/similar message or an email (“Notification”) from the Company, once You are shortlisted for a Casting Call in a Project, sent by the Platform, informing You about such short-listing and the possibility to receive a call from such Recruiter.
You may also receive Notification when a new Project is listed in the Platform.
The Company may at its option offer more services to the Aspirants, whether paid or free.
Section I.02 : Services to the Recruiters
If You are a director, casting director, co-ordinator or person of similar function in search of talents for acting, costume designing, dubbing and/or other creative activities in a movie, short film, tele film, ad film, tele serial, theatre drama, cultural event, reality show etc., You have an option to register with the Platform (subject to You meeting the registration criteria) and to list Your Project and Casting Call (as defined above) and once registered You shall be identified in the Platform as a Recruiter (as defined above).
The Platform provides an option for a Recruiter to list their Project and Casting Call(s) in such Project in the Platform.
Once a Project and Casting Call is listed:
1) The respective Recruiter shall have the option to sieve through the list of Aspirants in the Platform to shortlist suitable candidates for the particular Casting Call;
2) The Aspirants may apply for such Casting Call in the Platform; and/or
3) The Platform may suggest suitable Aspirants to the Recruiter (with or without premium listing);
The Recruiter then shall have the option to contact such shortlisted Aspirants directly to check their suitability and availablity. Alternatively the Platform provides a facility for the Recruiter to schedule an audition for the shortlisted Aspirants.
The Company may at its option offer more services to the Recruiters, whether paid or free.
Article II : PAYMENT
You shall pay the requisite charges for registrations, premium listing and any other Services, as specified in the Platform, from time to time. All amounts shall be paid in advance, unless otherwise specified in the Platform. All taxes and levies shall be extra, unless otherwise specified in the Platform.
You will be required to make payments to the Company using various payment option such as debit card/ credit card/ wallets/ gateways/ net-banking ("Payment Options"). You shall bear all any charges levied by the service provider of such Payment Options.
Payment Options are provided and maintained by third party service providers and the Company is neither privy to/ nor stores any information provided by You at the time of making payment. Hence we are not liable or responsible for misuse of any information provided by You at the time of making payment.
No amounts once paid shall be refunded under any circumstances, except when the Company has stopped providing Services. In such case, pro rata amount shall be refunded to You.
The Company reserve the right to change its pricing policies from time to time, without any prior notice to You.
Neither the Company nor its representatives will seek for your credit/ debit card details such as the CVV number or bank account details and hence you shall not share any such information under any circumstances.
The Company may offer such promotional coupons ("Coupons") to the Users as it deems fit from time to time for promoting any specific benefits, offers, discounts, services. The Company reserves the right to offer or discontinue such Coupons subject to any additional terms and conditions as the Company may require at any time without any prior intimation of any sort for any or no reason without any liability on the Company whatsoever. Unless otherwise specified in the terms of conditions of the respective Coupon(s), the Coupons shall be (i) non transferable, non assignable, (ii) used only for the purpose specified. The Coupons shall not be sold, disposed, copied, circulated, exchanged for cash or redeemed for any purpose other than the specified/ intended purpose. The Coupons may be valid for a specified time and restrictions on the number and manner of use. The Company may deny /withdraw/ cancel/ suspend any benefits/features/ services offered through the use of any Coupons at its sole discretion with any prior notice.
Article III : ELIGIBILITY
You understand and agree that: (i) the Services are deemed solely provided in India; (ii) all use of and benefits from the Platform shall be deemed to be received or enjoyed solely within India. The Company controls and operates the Platform and makes no representation that the contents of the Platform are appropriate or available for use outside of India If you use the Platform from a location outside India you are responsible for compliance with Applicable Laws.
You further represent, covenant and warrant that You are not impersonating any person or entity, or falsely claiming or otherwise misrepresenting an affiliation with any person or entity, or accessing the accounts of others without permission, forging another persons’ digital signature, misrepresenting the source, identity, or content of information transmitted via the Services, performing any other similar fraudulent activity or dealing with what the Company reasonably believes to be potentially fraudulent funds; while Your Access to Platform and availing the Services.
While using the Services you and we agree that either of you and we will not or attempt to repudiate the validity of your instructions relating to the Services or the communications regarding the instructions sent to you by us. Both you and we agree that the instructions, information, communications and/or authorizations given through the Services shall be treated as satisfying any legal requirements for communication in writing.
Article IV : REGISTRATION
To fully avail the benefit of Services provided by the Platform, You shall be registered with the Platform. For registration with us, you are required to provide true, accurate and current information as prompted by the Platform, as and when required.
The Company reserves its right to deny registration, if You fail to meet the registration criteria. By way of example you shall not be eligible for registration if:
1) You are below 18 years of age or not legally competent to contract;
2) You are NOT representing yourself except in case of minor in which case Article III shall apply;
3) You fail to meet the eligibility criteria in Article III;
4) You have been terminated / suspended from accessing the Platform or availing the Services before;
5) You have been convicted under any laws except for traffic violations or petty offences;
Your registration with the Platform results in the formation of an account in your name and you will be provided with a username and password (“Account”). Each username and password must be used by a single user and is not transferable. You are entirely responsible for all activities which occur in your Account, including unauthorized use of your or any other credit card. You must notify the Company, immediately if you become aware of any unauthorized use of your Account, username and/or password. If you forget or lose your password, you shall request a new password.
You may also create an Account using your social networking pages such as Facebook, Linkedin or GooglePlus. By logging in and creating an account through these social networking sites, you allow the Company access to your public profile, friend lists, likes and other activities in such social networking sites.
You agree that you shall only register under the same name and credentials even if you create Accounts after the expiry of the first Account. In case the Company decides to delete the Account or debar you from use of the Platform for any reason whatsoever, you shall not directly or indirectly enrol with the Platform again.
You agree that you will update the information provided by you while registering with Us, and any other information you provide to Us. You agree that we are not responsible for any failure of Service due to information being incomplete, inaccurate and non-updated.
You shall be fully responsible for all use and for any actions that take place using your Account.
By registering with our Platform, You agree to receive promotional and non-promotional messages, calls and mails from the Company or on behalf of the Company. In the event if you wish to unsubscribe to such promotional message and mails, you shall have the option to do so.
Article VI : LINKS TO OTHER WEBSITES
Article VII : USE OF THE PLATFORM
You understand that except for information, products or services clearly indicated as being supplied by the Company, we do not operate, control, or endorse any information, products or services on the Platform in anyway. You also understand that Company cannot and does not guarantee or warrant that files available for downloading through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
You understand that all information, data, text, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. You are entirely responsible for all content that you upload post, email, transmit or otherwise make available via the Services. The Company does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
You may be permitted to upload audio/video files, photos or other similar form of media content to promote your talent ("User Content"). Please note that the Company does not undertake to pre-screen User Content. However, the Company may periodically examine the information transmitted or received through the Platform and deal with or modify such information transmitted or received through the Platform as may be deemed necessary by the Company in accordance with reasonable security practices from time to time. You shall be bound by any such actions or decisions of the Company.
You shall be solely responsible for all User Content and shall be liable for any injury, damage and consequences that may arise due to posting such User Content. You are hereby advised to make all inquiries that you may deem necessary prior to availing any services or uploading any User Content. The Company will not be liable to the User or any other person in any way for any costs or consequences due to the User Content that is made available in the Platform.
You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Platform. You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Platform through an Internet access provider or other third-party service, including any applicable taxes.
You shall not use any part of the Platform for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Company without the prior written consent of the Company, including, for example, inserting your own or a third party's advertising, branding or promotional content, promoting a political party/agenda, promoting a religion/religious group, promoting a website or application competing with the Platform into the Platform's contents, materials or services or in the User Content, in any manner whatsoever.
We may as part of the Platform, display advertisements, promotions, offers, enrolments, provide links to third party websites with whom the Company may have a business or contractual relationship for which the Company may or may not receive monetary gain. However, any engagement of yours with such third parties is at your sole risk as to costs and consequences. The Company has not examined or evaluated the content, accuracy, completeness, legality, decency, quality or any other aspect of such third party websites. The Company shall also not be responsible or liable in any manner for any losses suffered or costs incurred by the User arising out of or in relation to any such engagement with third parties or third party websites or any transaction that you may enter into pursuant to use of the Platform.
Section VII.08 Prohibited Use of Platform
a) You agree not to use the Platform/Services to:
i) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
ii) impersonate any person or entity, including, but not limited to, Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
ii) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
iv) “stalk” or otherwise harass another User; or
v) Collect or store personal data about other Users.
b) While Access to Platform or availing Services, You agree not to host, display, upload, modify, publish, transmit, update or share any information that:
i) belongs to another person and to which You do not have any right to;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of anothers privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Article VIII : TERM AND TERMINATION
The Account of an Aspirant automatically expires at the end of the Period.
You shall have the option to terminate the Account, however there shall be no refund of amounts paid.
You agree that any unauthorized use of the Platform, (or any Content derived therefrom) by you or by anyone using you user name or password may result in immediate suspension or termination of your Account by the Company, in its sole and absolute discretion, without refund of any pre-paid fees. You represent and warrant that the information provided during the registration process is true and accurate and agrees to update the information thereafter in the event of any changes. The Company reserves the right to terminate your Access to Platform in the event that you provide any false information to the Company as part of the registration process, without refund of any fees. In the event of such termination, you will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which the Company may be entitled under law or equity.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Upon expiry or termination for any reason, you agree to immediately stop availing the Services.
Article IX : LIMITATION OF LIABILITY AND DAMAGES
Article X : INDEMNIFICATION
Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Company, including rights to settle, and you agree to cooperate with Company’s defence and settlement of these claims. Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
Article XI : REPRESENTATIONS AND WARRANTIES; DISCLAIMER
You as an Aspirant understands, agrees, covenants, warrants that:
i)This is only a platform for connecting Aspirants with Recruiters;
ii)We endevour to provide the Aspirants opportunities, but we do NOT promise on any number of opportunities/Projects/Casting Calls;
iii)The money is collected solely for providing the Aspirant a facility to showcase his/her profile on a common platform;
iv)We do NOT promise any types of role or character;
v)We do NOT commit on any remuneration or any promise for remuneration by the Recruiter;
vi)We are NOT responsible for any non payment or partial payment by the Recruiter;
vii)We have NO control over the production, script or release of the Project;
viii)We are NOT responsible for any misbehavior by the Recruiter or any person on its behalf;
ix)We do NOT advice you to make payments to any middlemen or Recruiter/producers for getting opportunities;
x)You are entitled to upload the User Content and that the User Content does not infringe third party rights in any manner whatsoever;
xi)We reserve the right to use or not to use your photographs and/or brief profile in online or print media including social media for promoting the Platform;
xii)We may contact you for quality purposes and customer feedback;
xiii)We may also contact you for promoting our additional services;
xiv)We reserve the right to use your name, photo for our promotions as a testimony, in case you are selected for any Project; and
xv)You shall not use this Platform for any other purposes including soliciting any personal business (other than Casting Calls), whether legal or illegal.
You as a Recruiter understands, agrees, covenants, warrants that:
i)This is only a platform for connecting Aspirants with Recruiters;
ii)We do NOT commit any number of suitable Aspirants;
iii)We do NOT guarantee on the quality of the Aspirants;
iv)We advise you to personally verify the credentials of the Aspirants as we have not done any background check on the Aspirants;
v)We are NOT responsible for any misbehavior by the Aspirants or any person on its behalf;
vi)You are entitled to upload the User Content and that the User Content does not infringe third party rights in any manner whatsoever;
vii)You are not permitted to download/screenshot, scrape any photograph of the Aspirant from the Platform;
viii)We reserve the right to use or not to use your photographs and/or brief profile in online or print media including social media for promoting the Platform;
ix)We may contact you for quality purposes and customer feedback;
x)We may also contact you for promoting our additional services;
xi)We reserve the right to use your name, photo for our promotions as a testimony, in case you have selected Aspirants for any Project; and
xii)You shall not use this Platform for any other purposes including soliciting any personal business (other than Casting Calls), whether legal or illegal.
To the fullest extent permissible under the applicable law, Company and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Company or through the Services or the Platform will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Company” includes Company’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies.
Access to and use of this Platform is at the Users own risk and we do not represent or warrant that the use of this Platform or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this Platform or any its contents.
Section XI.06 Temporary Withdrawal of Service
We do not warrant that the Service will be uninterrupted or error-free or that defects in the site will be corrected. The Services and the Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Services and the Platform are provided on an “as is” and “as available,”“with all faults” basis and without warranties or representations of any kind either express or implied. Company, and its third party suppliers, licensors, and partners do not warrant that the data, Company software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Platform and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Platform for such reasonable period as may be required to remedy, address or resolve the system issue.
Article XII : OWNERSHIP; PROPRIETARY RIGHTS AND LICENSE TO USE
All the intellectual property and proprietary rights in the Platform including but not limited to the contents therein such as visual, audio and the other interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the forming a part of the Platform or the Services are owned by the Company or third party service providers, licensors or suppliers and are protected by applicable laws.
You agree not to remove, obscure, or alter Company’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or through the use of the Platform.
You hereby grant the Company a perpetual, irrevocable, royalty free, non-exclusive, transferable, sub-licensable, worldwide right and license to use, modify, the User Content, in any manner.
We reserve the right to modify, suspend or stop the Platform and/or Services.
Article XIII : MISCELLANEOUS
Section XIII.01 Entire Agreement and Modification
If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services or use of the Platform. For certain changes, Company may be required under applicable law to give you advance notice, and Company will comply with such requirements.
Section XIII.02 Force Majeure
We shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labor disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.
Section XIII.03 Headings
Section XIII.04 Notice
Company may provide you with notices and communications by email, regular mail or postings on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Company must be sent by courier or registered mail to
Skymines Consultancy Private Limited.
842A- K K Road, Chembumukku
Thrikkakara – 682021
Section XIII.05 Waiver
Section XIII.06 Governing Law and Forum for Disputes
All the contents and Services provided by us and available through Platform and any dispute with regard to the Access to Platform shall be governed by the laws of India, without giving effect to any principles of conflicts of law. We are not making any representation as to availability and legality of the Access to Platform and Services in other jurisdictions; in cases where our contents and Services are used from other locations Company shall not be responsible for the compliance of applicable laws. In the event of any claim or dispute You agree to submit to the personal jurisdiction of the courts located within Cochin, India for the purpose of litigating all such claims or disputes.
Section XIII.07 Severability
Section XIII.08 Grievance Officer Contact Details
Skymines Consultancy Private Limited.
842A- K K Road, Chembumukku
Thrikkakara – 682021
Mobile No: +91 8593062255