Terms and Conditions


Privacy Statement, Website use Terms & Conditions

Version – October 2023

 

  1. General Information

Kalaskool is committed to protecting the privacy of everyone who uses our website and applications. This website can be used all over the world except when restricted by any countries or local state laws. The Privacy and data protection laws may vary from country to country. Regardless of where your personal data is processed, we believe it is highly important to provide the same level of protection as described in this privacy statement. This privacy statement is designated to provide transparency into Kalaskool’s privacy practices, principles, and statements. It provides information on the data that we collect from our website visitors through our Kalaskool web platform, and other general audience websites and applications.

This website is dedicated for website visitors of any age group. Referred as (“Website Visitors”). If you are under 18, then a separate physical copy of parental consent is mandatorily to be uploaded to access all the features of the website or to participate in any competition or to become eligible for any prize. This website is a safe environment for children under the age of 18. If you have any questions concerning the privacy statement, please contact us at hello@kalaskool.com.

 

  1. Which Data is used for what purposes?

All features on this website are available with the user registration process by Website Visitors. We don’t work with chat box functions. No contact details such as your name, email address and phone number are requested from or processed about Website Visitors, unless they actively registered with us via our registration form. Furthermore, we don’t allow any third parties to place advertisements on our Kalaskool Website unless expressly allowed.

Nonetheless, Kalasool does process certain electronic data when someone visits the Kalasool Website for specific purposes, as detailed below.

General processing purposes

In general, we may always process your data for the following purposes:

  • For maintenance, administration and network and security purposes;
  • For internal control and business operations;
  • For analyzing and improving our products;
  • For handling any requests, complaints and disputes;
  • For determining, exercising, and defending our rights; and
  • For complying with legal obligations (incl. fraud prevention) and requests of authorized governmental institutions.

General processing grounds

In general, we may process your data based on a legal obligation. This means that we will process your data for as far as we are legally obliged to do so, for instance to comply with statutory minimum retention periods.

Legitimate interest

Sometimes we indicate that we process your data based on the legal ground "legitimate interest". This means that a balance of interests is performed between the interests that are served by the processing on the one hand and your privacy interests on the other hand, and that the interests in favour of the processing prevail. The related legitimate interests are included below per topic. If you want more information about this, you can contact us directly via our contact details stated below.

Minors and other persons with a legal representative

This Website should be accessed by parents or legal guardians for children younger than 18 years with their email-id and mobile numbers. Such email-id and mobile numbers should belong to the child’s parents or legal guardian only. We do not focus on persons who are placed under a legal relationship, such as guardianship or persons who are supervised or administered by someone else. If, in exceptional cases, we could focus on such persons, Kalaskool will consider the vulnerable position of these persons and take extra precautions.

  1. The General Kalaskool Website

We process your data for providing, maintaining, and improving the Kalaskool Website, our apps and for our social media activities.

The persons involved. 

Our Website Visitors: people who visit the Kalaskool Website.

The purpose of the processing. 

When you visit the Kalaskool Website, your data may be processed for the following purposes:

  • Functioning of the Kalaskool Website (incl. remembering your settings and consent choices);
  • Advertising and marketing to you, targeted advertising, and presenting you with relevant advertisements.
  • Showing you the privacy information relevant to your region (which data we process exactly will depend on from which region you access the Kalaskool Website).

The data that is processed. 

When you visit the Kalaskool Website, we may process the following information about you which is collected automatically:

  • IP address;
  • Device ID;
  • Browser type ;
  • Global geographic location (e.g. location on national or city level);
  • Advertisements displayed to you and your interaction with these (e.g. whether you clicked on an advertisement or not);
  • Other technical information (e.g. regarding the interaction between your device and the Kalaskool Website, the web pages that were visited, the links clicked and the log data).

Sensitive information:

In the context of the Kalaskool Website we do not, in principle, process sensitive information such as information about your health. If we in certain cases would decide to process sensitive information, you will be separately informed about this processing and where necessary, we will request explicit consent.

Legal grounds for the processing. We base the use of your data in the context of the Kalaskool Website on one of the following legal grounds:

  • Consent. Sometimes we base the processing of your data on the (explicit) consent of the relevant person. This is for example applicable for the cookies and similar technologies we only use if you have provided consent for this via a cookie pop-up.
  • Legitimate interest. Our legitimate interest in offering and using the Kalaskool Website, apps and social media; and pursuing the other processing purposes listed above.

Social media platforms. Kalaskool uses different social media platforms, for example in the context of recruitment and selection and for marketing purposes. Kalaskool is not responsible for the management of the social media platforms but is responsible for content of the Kalaskool Website that is shared by Kalaskool owners via a social media platform. For more information about how your data will be used by such social media platforms, we refer to the information already available on the websites of the suppliers of these platforms. Below we have included links to the privacy policies of various suppliers of social media platforms, which we could use:

ii. About Kalaskool other domains:-

On our “about Kalaskool” webpage you can find additional information about our company. On this webpage we do not process any additional data about you. On this webpage we do link to some of the above-mentioned webpages, such as developer.Kalaskool.com or jobs.Kalaskool.com.

iii. Kalaskool’s job application platform (secondary domain: jobs.Kalaskool.com) not yet operational.

The persons involved. People who apply for a job via our designated website.

The purpose of the processing. When you apply for a job at Kalaskool via jobs.Kalaskool.com, we will process your data for the following purposes:

  • To assess whether you are a viable candidate for our company.
  • To contact you for the further process regarding your application.
  • To further process your application.

The data that is processed. When you apply for a job via jobs.Kalaskool.com, we may process the following information about you:

  • Full name.
  • Email address.
  • LinkedIn profile.
  • Answers to motivation & portfolio questions.
  • Resume*;
  • Phone number*;
  • Current company/employer*;
  • How you heard about the job*;
  • Additional information such as a cover letter*.

* This information is not mandatory on the website, but we may ask for the same once a candidate is shortlisted.

Legal grounds for the processing. We base the use of your data in the context of jobs.Kalaskool.com on one of the following legal grounds:

  • Consent. Sometimes we base the processing of your data on your (explicit) consent. This is for example applicable when you opt-in to the option that Kalaskool may contact you during one year after finalization of the application procedure for other future job opportunities that may interest you.
  • Legitimate interest. Our legitimate interest in assessing your application and other processing purposes listed above.

iv. Kalaskool web shop (secondary domain: shop.kalaskool.com) not yet operational.

The persons involved. People who order products via our web shop.

The purpose of the processing. When you shop in our web shop, we will process your data for the following purposes:

  • To process your order and payment.
  • To provide you with your order.

The data that is processed. When you shop via shop.Kalaskool.com, we may process the following information about you:

  • Full name.
  • Email address.
  • Address.
  • Phone number.
  • Payment information (amount, payment method).

Legal grounds for the processing. We base the use of your data in the context of shop.Kalaskool.com on one of the following legal grounds:

  • Contract. We process your data to execute the purchase contract with you: to make sure you receive your order.
  • Legitimate interest. We may also process your data in this context based on our legitimate interest involved with the processing purposes mentioned above, such as to determine which of our products are most popular.

v. Kalaskool support

The persons involved. People who send an email to customer support, e.g. via hello@kalaskool.com.

The purpose of the processing. When you contact Kalaskool customer support or contact Kalaskool otherwise, we will process your data for the following purposes:

  • To provide you with support.
  • To answer any question, you may have for us.

The data that is processed. When you contact Kalaskool customer support or contact Kalaskool otherwise, we will process the following information about you:

  • Email address and mobile number.
  • Name (if you provide one).
  • The information you sent us and related metadata you shared with us; as well as the information and related metadata we may share with you in reply.

Legal grounds for the processing. In principle, we base the use of your data in the context of the Kalaskool customer service on the legitimate interest ground. It concerns our legitimate interest to provide you with support and answer any questions you have for us.

  1. How do we obtain your data?

We obtain your data in various ways:

  • Provided by you. Some data about you, we receive straight from you. Examples include information in your messages to us and information you enter in our application form.
  • Obtained internally. It is possible that we obtain your data via other Kalaskool systems or domains.
  • Obtained from third parties. We could also obtain data about you from other persons or external parties. Specifically, we make use of this possibility in two scenarios:
    • Website Visitors: we may receive information about you from privately held third parties, such as for the advertisements that are shown on the Kalaskool Website.
    • Applicants: we may obtain information from a referral included by you in your application.
  • Refer a Judge: We ask the visitors or interested parties to refer or apply for becoming a judge for a particular competition. We may collect such information like the full name, age, gender, email-id and mobile number of the person who is referring the Judge and the person who wants to become or is referred by some person to become a Judge. Also, any other credentials as is necessary for the selection of and recruitment of such person as a Judge of any competition organised by us.
  • Automatically obtained. Some data we obtain automatically, for example by using cookies and similar techniques. When your computer or mobile device contacts our web servers (e.g. when you visit the Kalaskool Website), our web servers automatically collect usage information. Such usage information includes information about how our Website Visitors use and navigate the Kalaskool Website. It can include the number and frequency of Website Visitors to each web page and the length of their stays, browser type, and referrer data that identifies the web page visited prior and after visiting the Kalaskool Website.
  • Derived. Certain data we do not receive directly but can be derived from the information already in our possession. For example, information about your language preferences.

In principle you are under no obligation to provide any information about yourself to us. However, refusal to supply certain information could have a negative influence on, for example, the functionality of the Kalaskool Website. If the provision of certain personal data is a legal or contractual obligation or an essential requirement for concluding an agreement with us, we will separately provide additional information about this for as far as this is not clear in advance. In such case we will also inform you about the possible consequences if this information is not provided.

  1. Who do we share your data with?

We only share your data with third parties if:

  • This is necessary for the provision of a service or the involvement of the third party. Sub-contractors, for example, will in principle only get access to the data that they require for their part of the service provision.
  • The persons within the third party that have access to the data are under an obligation to treat your data confidentially. Where necessary this is also contractually agreed on.
  • The third party is obliged to comply with the applicable regulations for the protection of personal data, for instance because we have concluded an agreement with this party or because our Terms of Use apply. This includes that the party is obliged to ensure appropriate technical and organizational security measures.

We could share your data on a need-to-know basis with the parties mentioned below. In this context, "need-to-know" means that a party only gets access to your data if and insofar as this is required for the professional services provided by this party.

  • Authorized persons, employed by Kalaskool, who are involved with the processing activity concerned. Such as, the members of the support team you are in contact with.
  • Authorized persons, employed by service providers / sub-contractors engaged by Kalaskool, who are involved with the processing activity concerned. Such as, the service provider for the Kalaskool web shop.
  • Authorized persons, employed by parties in the private sector with whom we may share certain data, such as social media websites and advertising partners. Traffic information may be shared with developers and advertisers on an aggregate and anonymous basis. In addition, advertisers on the Kalaskool Website may receive information gathered by cookies for targeted advertising purposes.
  • Authorized government institutions. Such as, courts, police, and law enforcement agencies. We may release information about our Website Visitors, when legally required to do so, at the request of governmental institutions investigating or to verify or enforce compliance with the policies governing the Kalaskool Website and applicable law. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property, or safety of Kalaskool, or any of our respective business partners, customers or others.
  • Aggregate Information. We may also disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Kalaskool Website during a specific time period or participated is specific competition.
  1. How do we secure your Data?

Protecting your privacy and data is very important to us. Therefore, Kalaskool has implemented appropriate technical and organizational measures to protect and secure personal data, to prevent violations of the confidentiality, integrity and availability of the data. All Kalaskool employees and other persons engaged by Kalaskool for the processing of data are obliged to respect the confidentiality of personal data.

Kalaskool has internal documentation in which it is described how we safeguard an appropriate level of technical and organizational security. In addition, a data breach procedure is applicable within Kalaskool, in which it is explained how (potential) data breaches need to be handled. We will, for example, inform the competent supervisory authority and involved data subjects when this is required by the applicable law.

  1. To which countries we will transfer your Data?

Parties involved with the processing of your data may be located in a different country than you are. No matter where you are located, we are securing your personal data as much as reasonably possible.

If your data is transferred from India to a party located outside India, we call this an 'Out of India transfer'. Out of India transfers are legitimized in the manner described below. You may contact us hello@kalaskool.com.for information on the legitimization of other data transfers.

Google Analytics Blockage Please note that we may use Google Analytics on any of our websites. However, it is possible that our developers we work with tries to use Google Analytics for tracking in-website activities.

  1. How do we determine how long we retain your data?

In general, we do not keep your data for longer than what is necessary in relation to the purposes for which we process the data. There could however be exceptions applicable to the general retention terms.

Exception: shorter retention period. If you exercise certain privacy rights, it is possible that Kalaskool will remove your data earlier than the general applicable retention period or – oppositely – retain it for a longer period of time.

Exception: longer retention period. In certain situations, we process your data for a longer period of time than what is necessary for the purpose of the processing. This is for instance the case when we have to process your data for a longer period of time:

  • Retention obligation. To comply with a minimum retention period or other legal obligation to which we are subject based on the applicable law.
  • Procedure. Your personal data is necessary in relation to a legal procedure.
  • Freedom of expression. When further processing of your personal data is necessary to exercise the right to freedom of expression and information
  1. What are your privacy rights (including right to object)?

You have various privacy rights. Which privacy rights you have, depends on the applicable law. To what extent you can exercise these rights may depend on the circumstances of the processing, such as the way Kalaskool processes the personal data and the legal ground for the processing. Below, we included a summary of the privacy rights you may have. The applicable law may allow or require us to refuse your request, because these rights are not absolute or may not be applicable in your region.

8.1 Your Privacy rights.

In relation to our processing of your personal data, you may have the below privacy rights.

  1. Right to withdraw consent. In so far as our processing of your data is based on your consent, you have the right to withdraw your consent at any time via our contact details stated below. Withdrawal of consent does not influence the legitimacy of the processing before you withdrew your consent. If you withdraw your consent, Kalaskool will no longer process your data for the purpose that you consented to. It can however be possible that we still process the personal data for another purpose, such as to comply with a minimum retention period. In that case you will be informed about this.
  2. Right of access. You may have the right to request access to your data. This enables you to receive a copy of the data we hold about you (but not necessarily the documents themselves). We will then also provide you with further information on our processing of your personal data. For example, the purposes for which we process your data, where we got it from, and with whom we share it. Where applicable, we may refer to this Privacy Statement.
  3. Right to rectification. You may have the right to request rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected. You have this right in case we process personal data about you that: (i) is factually incorrect; (ii) is incomplete or not related to the purpose it was collected for; or (iii) is in any other way used in a manner that is in conflict with an applicable law.
    The right of rectification is not intended for the correction of professional opinions, findings or conclusions that you do not agree with. However, Kalaskool could in such case consider adding your opinion about this to your data.
  4. Right to erasure. You may have the right to request erasure of your personal data. This enables you to ask us to delete or remove your data where: (i) the data is no longer necessary, (ii) you have withdrawn your consent, (iii) you have objected to the processing activities, (iv) the data has been unlawfully processed, (v) the data has to be erased on the basis of a legal requirement, or (vi) where the data has been collected in relation to the offer of information society services.
    However, we do not have to honour your request to the extent that the processing is necessary: (i) for exercising the right of freedom of expression and information, (ii) for compliance with a legal obligation which requires processing, (iii) for reasons of public interest in the area of public health, (iv) for archiving purposes, or (v) for the establishment, exercise or defence of legal claims.
  5. Right to object. You may have the right to object to the processing of your data where we are relying on legitimate interest as processing ground (see above). Insofar as the processing of your data takes place for direct marketing purposes, we will always honour your request. For processing for other purposes, we will also cease and desist processing, unless we have compelling legitimate grounds which override your interests, rights, and freedoms or that are related to the institution, exercise or substantiation of a legal claim. If such is the case, we will inform you on our compelling grounds and the balance of interests made.
  6. Right to restriction. If applicable, the right to restriction of processing means that Kalaskool will continue to store personal data at your request but may in principle not do anything further with it. In short, you have this right when Kalaskool does not have (or no longer has) any legal ground for the processing of your data or if this is under discussion. This right is specifically applicable in the following situations:
    Unlawful processing. We may not (or no longer) process certain personal data, but you do not want us to erase the data. For example, because you still want to request the data at a later stage.
    Data no longer required. Kalaskool no longer needs your data for our processing purposes, but you still require the personal data for a legal claim. For example, in case of a dispute.
    Pending an appeal. You objected against the processing of your data by Kalaskool (see the right to object above). Pending the verification of your appeal we will no longer process this personal data at your request.
    Contesting the accuracy of data.
    You contest the accuracy of certain data that we process about you (e.g. via your right to rectification; see above). During the period in which we assess your contest we will no longer process this personal data at your request.
  7. Right to data portability. You may have the right to request the transfer of your data to you or to a third party of your choice (right to data portability). We will provide you, or such third party, with your data in a structured, commonly used, machine-readable format. Please note that this right only applies if it concerns processing that is carried out by us by automated means, and only if our processing ground for such processing is your consent or the performance of a contract to which you are a party (see above).
  8. Automated decision-making. You may have the right not to be subject to a decision based solely on automated processing, which significantly impacts you (“which produces legal effects concerning you or similarly significantly affects you”). In this respect, please be informed that when processing your personal data, we do not make use of automated decision-making which significantly impacts you.
  9. Right to complaint. In addition to the above-mentioned rights, you may have the right to lodge a complaint with a supervisory authority, in the country of your habitual residence, place of work or where an alleged infringement took place. However, we would appreciate the chance to deal with your concerns before you approach them, so please contact us beforehand.

8.2 How to exercise your rights.

You can exercise your privacy rights free of charge, by phone or by e-mail via the contact details displayed below. If requests are manifestly unfounded or excessive, in particular because of the repetitive character, we may either charge you a reasonable fee or refuse to comply with the request.

8.3 Verification of your identity.

We may request specific information from you to help us confirm your identity before we further respond to your privacy request.

8.4 Follow-up of your requests.

We will provide you with information about the follow-up of the request without undue delay and in principle within one month of receipt of the request. Depending on the complexity of the request, the number of requests and the applicable law, this period can be extended. We will notify you of such an extension within one month of receipt of the request. The applicable law may allow or require us to refuse your request. If we cannot comply with your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

  1. Who is responsible for the processing your Data?

Kalaskool is in principle responsible for the processing of your data in the context of the Kalaskool Website, but other parties may also be involved and responsible themselves, as specified below.

9.1       Developers.
The developers of the games on the Kalaskool Website are in principle required to remove all outgoing links and branding/advertisements (e.g., splash-screens, social links and app-store links) from their game(s). If developers do gather personal data for their own purposes, Kalaskool is not responsible for this processing: only the developer decides what (personal) data is processed and for what purpose. However, because Kalaskool feels it is important that your data is also safe when you play a game, we took two measures. In the first place, we included contractual safeguards with the developers. They are only allowed to include cookies and similar technologies in their game if no consent for this is required under the applicable law. Furthermore, if you notice any possible undue processing by a developer of your data, please inform us so that we can investigate.

9.2       Advertisement Partners.
Kalaskool uses the services of several advertising parties. These parties provide us with advertisements for the Kalaskool Website and are responsible for their part of the processing of your data in this context. To nevertheless safeguard your privacy in this respect as much as possible, Kalaskool has, amongst other things, ensured that suitable contractual measures are in place.

9.3 Externally hosted games, third party games and other websites*.
This Privacy Statement does not apply to usage of your data by other parties that are themselves responsible for such usage of your data, such as providers of third-party games available on the Kalaskool Website. The relevant provider of such third-party game is responsible for ensuring that any processing of your data by them in the context of a game complies with the applicable law. In principle, Kalaskool does not permit third party content providers to collect personal data about Website Visitors. However, if any personal data will be collected by a third-party content provider, Kalaskool will require that the processing of such data by them complies with the applicable law.

* Please note that this list may not be complete, since randomized cookies that are placed with less than 100 Website Visitors are not included in the list. Furthermore, the cookies used by developers may change over time. Therefore, we automatically update this list daily.

  1.  How can you contact us?

If you or the minor you represent have any questions concerning this Privacy Statement Parents, or data collection, please contact us at hello@kalaskool.com or

via:

KALASKOOL

Reg. Address : C/o Subhedar & Co, Chartered Accountants, Shop No 2, Gr. Floor, Vrindavan Palms Chsl, Behind Union Bank, Khadakpada,
Kalyan, Maharashtra, India – 421301.
+9930 464 128 (for communication in English, Hindi or Marathi only)

  1. Changes

We may change this privacy statement from time to time to accommodate new technologies, industry practices, regulatory requirements or for other purposes. The latest version can always be checked at the Kalaskool Website. Any other important changes will be communicated to you proactively and your consent will be obtained wherever necessary.

 

  1. Others
      1. The Kalaskool website is owned and operated by Mr. Sandeep Subhedar. (referred to in this Privacy Statement Parents as “Kalaskool", “we", “our", or “us"). Legal Jurisdiction is Mumbai.
      2. Please note that we have set the default language as English (UK) of this Privacy Statement.
  2. Consent Form

You, agree, accept and provide free consent as per clause (a) or (b) as applicable to you.

  1. Consent Form if you are an Adults Participants (18 years and older)

I, am voluntarily participating in any eligible competition or contest organized by the organizer - Kalaskool and the Mobile Number and email -id provided at the time of registration belongs to me.

I, give my free consent to the organizer - Kalaskool for free use of  my pictures, images, artwork, videos created and shared by me for participation in any competition or contest organised by the organiser or used by the organiser for documentation, promotion on any of its digital media or print media or advertisements or on its social media platforms with or without monetisation irrespective of the result declared for the competition.

I, declare and confirm that pictures, images, artwork, videos are my own creation and I have not used any kind of unfair means or violated any laws for its creation. If found guilty, I am personally liable for the same.

I agree that my age is correct and all other information provided by me to the organiser is correct and legitimate. Failing to do so, I will be disqualified from any or all the contests / competitions, temporarily or permanently by the organiser. I will also provide correct and legitimate information to the Organisers during the background check process before the distribution of any prize.

I will undisputedly agree and accept with the declared results of the contest or competition by the Jury’s and will not object it whatsoever.

I will undertake to pay and comply with any applicable government taxes including the Income Tax on the prize.

I have read and agreed with all the Terms and Conditions – General or Specific which the organisers have set for the fair participation in any contest /competition and winning the prize which is published by the organiser.

 

  1. Consent Form for Minor Participants (below 18 years) by their Parents/ Legal Guardians

I, being the Parent or legal Guardian am voluntarily allowing my child to participate in any eligible competition or contest organised by the organiser - Kalaskool and the Mobile Number and email -id provided at the time of registration belongs to me.

I, give my free consent to the organizer (Kalaskool) for free use of  the pictures, images, artwork, videos shared or uploaded by me on behalf by my child for participation in any competition or contest organised by the organizer - Kalaskool or used by the organiser for documentation, promotion on any of its digital media, print media, advertisements, banners or on its social media platforms with or without monetisation..

I, declare and confirm that pictures, images, artwork, videos are his/her own creation of my child and he/she has not used any kind of unfair means or violated any laws for its creation. If found guilty I am personally liable for the same.

I agree that the age of my child is correct and all other information provided by me to the organiser is correct and legitimate. Failing to do so, my child will be disqualified from any or all the contests / competitions, temporarily or permanently by the organiser. I will also provide correct and legitimate information to the Organisers during the background check process before the distribution of any prize.

I will undisputedly agree with the declared results of the contest or competition by the Jury’s and will not object it whatsoever.

I agree that my child is a minor and in the event of winning the competition by him or her, the prize will be received by me on behalf of my child. I will pay and comply with any applicable government taxes including Income Tax on the prize.

I have read and agreed with all the Terms and Conditions – General or Specific which the organisers have set for the fair participation in any contest /competition and winning the prize which is published by the organizer.

 

  1.  Miscellaneous

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Kalaskool with respect to the Kalaskool Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Kalaskool Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You agree and acknowledge that your violation of any restrictions in these Terms of Use on the use of the Kalaskool Website, Kalaskool Website Content, or software or services available on or through the Kalaskool Website, or your use or disclosure of confidential information in a manner inconsistent with the provisions of these Terms of Use, may cause Kalaskool irreparable damage for which remedies at law may be inadequate. Kalaskool's licensors and contractors are express third-party beneficiaries of any terms in these Terms of Use that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all your applicable representations, warranties, covenants, indemnifications, and obligations under these Terms of Use.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

The terms related to protection of Kalaskool's intellectual property rights, disclaimer of warranties limitation of liability, choice of law, indemnification obligations and any licenses granted by you to Kalaskool shall survive any termination of these Terms of Use.

Kalaskool's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Kalaskool nor any trade practices shall be deemed to modify these Terms of Use.