TERMS AND CONDITIONS AND PRIVACY POLICY

Please read the following Terms and Conditions (“Agreement”) carefully before entering this website.
This is an Agreement between you (“you” or “your” or “User”) and Starting Blocks Media Ventures Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 2002, 20th Floor, Snowden Peak, Neptune Living Point, LBS Road, Bhandup (West), Mumbai - 400 078 (“Company” or “we” or “our”) that governs the access and use of the website www.catapooolt.com (“Catapooolt”/ “Website”). When you access and/ or use the Website, you agree to be bound by these terms and conditions as stated herein.
Catapooolt is the Company’s platform which seeks to catalyse people’s creativity by providing an engagement platform by harnessing the power of the community to fund the music, movies and performing arts by showcase of specific projects in the Website (“Project”).
Project Owner” shall mean any individual/corporate entity who wants to showcase their Project on the Website to solicit funds from the Contributors.
Contributors” shall mean any and all individual who contributes certain amount of money for the Project for special rewards in the form of exclusive merchandise, access to passes, special invites etc. and not for equity, ownership or a share of profit.
  1. ACCEPTANCE
    1. You by accessing the Website agree to and accept the terms and conditions mentioned in this Agreement.
  2. CHANGES IN AGREEMENT
    1. We reserve the right to periodically change the terms and conditions outlined herein without notice. Such changed terms and conditions shall become effective immediately and any access and use of the Website after accepting the changed terms and conditions that have been published on the Website signifies your deemed consent to the changes.
  3. SCOPE
    1. The Company shall provide access of Website to the Project Owner for providing their Project in the Website in order to receive the contribution from general public and to the Contributor to contribute certain fund for the Project at the sole discretion of the Contributor and in return the Contributor shall receive certain tangible or intangible rewards from the Project Owner or the platform based on case to case basis.
    2. Any contribution made by you in respect of the Project seeking contribution on the Website shall be deemed to be complete by the Company when the Company transfers the amount contributed towards the Project to the Project Owner.
    3. All payments to be made by the secured payment method mentioned herein. Catapooolt is the not the final recipient of the amount contributed, such amount will be passed on to the Project Owner. Also, Catapooolt does not guarantee that the target amount for the Project will be raised fully, in the event the Project fails to generate atleast 80% of the funding target, any amount so raised (which deemed as inadequate for the completion of the Project) shall be refunded to the Contributor (subject to the Company retaining a platform service fee to the tune of 15% (or as applicable) of the contribution as agreed under the contract between the Company and the Project Owner ) and such refunded amount can be utilized by such Contributors only for the purpose of funding future or other Projects listed on the platform. In exceptional cases where Catapooolt will allow Project to receive all funds raised, irrespective of whether it meets the said 80% target, the same will be prominently mentioned on the respective Project pages on Catapooolt.
    4. The Users understand that the platform is subject to various service fees which the Company retains from the amount contributed by the Contributor. The Company shall make its best efforts to inform about such service fees to the Users. The service fee is subject to change without any prior notice to the User.
  4. ELIGIBILITY
    1. You represent that you are of legal age to enter into a valid and binding contract as per applicable laws and have full power and authority to execute this Agreement and by doing so, you will not violate any other agreement to which you are a party.
  5. REGISTRATION DATA AND ACCOUNT SECURITY
    1. In consideration of your use of the Website, you agree to (i) provide only your accurate, current and complete information as may be requested for by the Website for personal identification purposes ("Personal Data"); (ii) maintain and promptly update the Personal Data; and (iii) be fully responsible for all use of your account and for any actions that take place using your account.
    2. By submitting any information to us, you represent and warrant that such submission is accurate, not private or confidential, and not in violation of any contractual restrictions or other third party rights or any applicable law.
    3. You shall be responsible to keep your password and account confidential and not let other persons use/access your account. We shall not be responsible for anything arising out of your use of the Website; unless it is on account of a breach from our side and it is proven that your account security was compromised due to a fault of our server/network.
    4. You note to inform us immediately if you have any reason to believe that someone is misusing your account and functions therein.
  6. OWNERSHIP
    1. You agree that the Website and its contents, including but not limited to the text, images, graphics, audio-visuals, videos, artworks, imaging, positioning, use or combination of colours, images, combination of fonts, together with all content, information and data posted herein are exclusive properties of the Company. You are not authorized to use any name, mark, logo or tagline as displayed in the Website in any advertisements, publicity matter or in any other commercial manner without the prior written consent of Company.
    2. We reserve the right to reproduce, improve, distribute, add, re-publish and use in any manner as we may deem fit, your feedback or comments posted by you, for promotional and presentation purposes of this Website.
    3. The Website may include various blogs, groups, discussion topics, comments, features and such other interactive features where Users shall be permitted to post their feedback, comments and the like. We do not take any responsibility whatsoever for other users using/misusing such information shared/posted by you on the Website and in any of the interactive features as may be present in the Website at any point in time.
    4. The contents provided by the Project Owner are the exclusive property of the Project Owner. The keywords, logos, taglines, service names, design marks, slogans, and all related trademarks and service marks, whether registered or unregistered or pending registration, of our business associates, partners, or such other authorized third parties as posted on this Website shall be owned by them respectively. You are not authorized to use any name, mark, logo or tagline as displayed in the Website in any advertisement, publicity or any other commercial manner whatsoever, without obtaining necessary approvals.
  7. DESCRIPTION OF WEBSITE
    1. The Website is an online platform operated by the Company to facilitate Project Owners to raise funds from general public for funding Project of Project Owner. This Company endeavours to conduct reasonable checks and details of the Project to be provided in the Website for the general public to view the Project and contribute towards the Project. However, the Contributors shall undertake necessary due diligence with the Project Owners while contributing to the Projects. The Company shall have no responsibility to ensure the completion of the Project and shall not be liable for any loss or inability of the Project Owner to complete the Project.
    2. The Website shall provide updates about the Project on the online platform even after the successful completion of the funding target. However, the Project shall be removed from the active funding window in the Website (as agreed under the contract between the Company and the Project Owner).
    3. We reserve the right to modify, suspend, remove or discontinue the services with or without notice at any time and in any manner whatsoever.
  8. TERMS OF USE
    1. You will be responsible for maintaining the confidentiality of the password and the account, provided to you on registration with this Website and are fully responsible for all activities that occur under your password or account.
    2. You shall ensure that you exit from your account at the end of each session.
    3. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to this Website.
    4. You agree not to use this Website or any information or data therein for any unsolicited commercial e-mail.
    5. You agree not to translate, modify, revise or create derivative works based on the information and data, except as expressly permitted under the terms herein.
    6. You shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded on this Website. You shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
    7. You agree that you will not post content and/or any information and/or initiate discussions that are pornographic in nature, invasive of privacy or publicity rights, unlawful, libelous, obscene, discriminatory, abusive, hateful- racially, ethnically or otherwise objectionable, inciting violence or communal tensions in other users/general public from any purported use of this Website.
  9. USER CONTENT POSTED ON THE WEBSITE
    1. You understand that you are solely responsible for all the content/ comment you upload, publish or display on the Website or transmit to or share with other users of the Website.
    2. You understand and agree that we may review the Website and may delete or remove (without notice) any User content/comment in our sole discretion.
  10. TERMS OF CONTRIBUTION
    1. Users can contribute to the Projects through the Website by Credit Card, Debit Card, Net Banking or selected available options in the Website.
    2. You agree, understand and confirm that the credit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit card which does not lawfully belong to you. The liability for use of credit card fraudulently will solely be incurred by you and the onus to 'prove otherwise' shall exclusively rest upon you. The payment related information will kept strictly confidential by the Company and will not be utilized and shared by the Company unless required by law, regulation or court order.
    3. We reserve the right to refuse your contribution for any reason. If your contribution is cancelled after your credit card has been charged, the said amount will be reversed back within the reasonable time permitted by applicable law.
    4. You agree, understand and confirm that in return of the Contribution made by you for the Project, the Company or the Project Owner shall not be offering you any kind of financial rewards or stake in the Intellectual Property Rights of the Project or any sharing in the Project revenue post the commercial release. You confirm that the Contribution has been made by understanding the same.
    5. The Company shall make its best efforts for timely delivery of rewards; however, it is the Project Owner’s/reward partners’ responsibility to ensure quality and final delivery of such rewards. Accordingly, you confirm that the Company is not liable or accountable for any wrong untimely delivery of rewards, non-delivery of rewards or any other risk associated thereof.
  11. PRIVACY POLICY
    1. The Company is committed to protection of your privacy and will safeguard all your personal information. The Company may collect and retain Personal Data/personal identifiable information (such as your name, email address, contact details etc) and such other information of its Users it may deem fit to ensure it is able to provide better services to the Contributors and the Project Owners. We will limit the use of your information to the extent that we reasonably require to deliver our services and other opportunities, and to administer our business which includes providing such information to the Project Owner. We will permit only authorized employees/representatives on a need-to-know basis to have access to such personal information. All our Users personal details are kept in accordance with the required security practices and procedures as set out under applicable law and are not passed on to third parties
    2. You can request us, in writing, to remove your name from if mentioned by us in any marketing lists or public portals. Additionally, whenever we hire other organizations/company/individuals to provide support services, we will require them to conform to our privacy standards and allow us to audit them for compliance.
    3. We will endeavour to keep your files complete, up to date, and accurate. We will continuously assess ourselves to ensure that your privacy is respected. We undertake not to divulge your information, save and except where we are required, by law, to respond to statutory authorities or direction of any Court or legal authority.
  12. DISCLAIMERS
    1. The information/ data, and services on this Website, including but not limited to text, images, graphics, audio-visuals, videos and links is provided “as-is” and without warranties of any kind, whether express or implied, including but not limited to an implied warranty of accuracy, completeness, reliability, merchantability or fitness for a particular purpose.
    2. We have endeavored to ensure that all the information on the Website is correct to the best of our knowledge. We neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or service posted on this Website. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages arising due to negligence of third parties.
    3. We shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
    4. We shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control.
    5. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they shall be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
    6. Unauthorized access, reproduction, redistribution, transmission and/or dealing with the content and/or any information contained in this Website in any other manner, either in whole or in part, is strictly prohibited, failing which strict legal action will be initiated against you.
    7. You may have arrived on this Website through a link provided by a third party, who may have no connection to this Website. We neither endorse the contents of such websites nor their creators or hosts unless expressly stated in writing otherwise.
    8. When you click on advertiser banners, sponsor links, or other external links from this Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the content, functionality, authenticity or technological safety of these external websites. Some external links may produce information that you may find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites.
  13. LIMITATION ON LIABILITY
    1. You agree to access and use this Website and such other external link/s provided herein and the content thereof at your own risk.
    2. Any content/information posted on any part of this Website, shall, at all times, adhere to the Terms and Conditions of use of the Website. The Company, its affiliates or service providers, shall not be held responsible or liable, in any manner whatsoever for any direct, indirect, incidental, consequential or punitive damages arising out of any act/s, omission/s of the users, access, use or inability to use this Website or such other external link/s provided herein, including but not limited to any errors or omissions in the content thereof, loss of data, revenue, profits, property, attack by viruses, failure to provide Website services and the like.
    3. Neither the Company nor any party involved in creation, production or delivery of this Website or whose materials or information/data appear in this Website shall be liable for any damages, including without limitation to, any failure of performance, error, omission, interruption, defect thereof or any loss of data or information when the Website may be down/under maintenance.
    4. THE COMPANY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY IN ANY MANNER WHATSOEVER FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, CONTENT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER MATERIALS ACCESSIBLE FROM THIS WEBSITE.
    5. YOU, THE USER OF THIS WEBSITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
    6. THE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AT ANY TIME, AS WE MAY DEEM FIT, SO YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME.
  14. INDEMNIFICATION
    1. You agree to indemnify, defend and hold harmless the Company from and against any and all loss, damages, claims, liabilities, expenses and costs, including, without limitation, regulatory penalties, attorneys’ fees and costs incurred by us in connection with any claim arising out of your use of the Website services or any other breach by you of the terms and conditions herein or due to infringement of the trademark, copyright or any other intellectual property rights of the Company or any other third party service provider and/or your violation of any other law related hereto.
  15. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
    1. Any dispute or difference arising out of, or relating to this Agreement or the performance or invalidity thereof, shall be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any modifications thereof by a mutually agreed sole arbitrator. The place of arbitration shall be Mumbai and the proceedings shall be conducted in the English language. The award of the arbitrator shall be final and conclusive and binding upon the parties.
    2. Subject to Clause 15.1, the Agreement shall be governed by the laws of India and the courts in Mumbai, Maharashtra shall have sole and exclusive jurisdiction in respect of all matters arising herein.
  16. SEVERABILITY
    1. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement.
  17. NOTICES AND NOTIFICATIONS
    1. Any notice or notification required to be given under the provisions of this Agreement must be in writing. Any notice required to be given is to be treated as properly given if the said notice is sent by electronic mail to us at the following address: Email: satish@catapooolt.com
  18. FORCE MAJEURE
    1. In no event shall the Company be considered in default in performance or its obligations under the terms of this Agreement, if such performance is prevented or delayed for any causes beyond its reasonable control including but not limited to power failure, network failure, war, act of terrorism, hostilities, revolution, riots, civil commotion, strikes, lockouts, epidemic, fire, explosion, flood, earthquake, act of hacking or cybercrime, act of God or any act of Government or any other cause which could not have been reasonably foreseen or avoided.
  19. WAIVER
    1. The waiver of any breach or default of the terms of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
  20. ENTIRE AGREEMENT
    1. You acknowledge having read the terms and conditions mentioned in this Agreement, and agree to be bound by its terms and further agree that it is binding between you and the Company, superseding all prior understandings and agreements, oral and/ or written entered into between us relating to the subject matter of this Agreement. The Privacy Policy outlined in Section 11 shall form part of this Agreement.
    2. The Company reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems fit and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or such other third parties.
    3. This Website is governed by this Agreement, the disclaimers and the Privacy Policy posted herein, which shall be read in conjunction with each other. In the event of any differences between the Agreement, disclaimers and the Privacy Policy, the terms and conditions of this Agreement shall prevail.