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PLANET MARATHI'S END USER LICENSE AGREEMENT

This agreement is entered into and executed on this day on which it is agreed upon and accepted by and between the user and Planet Marathi.

This Digital Video License Agreement (this 'Agreement' , for brevity) contains the terms and conditions of your use of the Planet Marathi digital publication and distribution program (the 'Program' , for brevity) for distribution of audio-visual programs and related content via the digital audio-video services provided by Planet Marathi or its Affiliates and Planet Marathi's use of such content.

This Agreement is a binding agreement between you and Planet Marathi. As used in this Agreement, 'Planet Marathi' , 'we' or 'us' means, individually, Planet Marathi Seller Services Pvt. Ltd, a Company incorporated under the provisions of the Companies Act, 2013, and having its Registered Office at Second Floor, C - 10, Sunrise Tower, Marol MIDC, Andheri East, Mumbai- 400093, CIN No. U93000MH2020PTC342101 and / or any other Planet Marathi's Affiliate/s. As used in this Agreement, 'End User' or 'you' means the person and / or entity accepting this Agreement.

'Affiliate' means any entity that directly or indirectly controls, is controlled by, or is under common control with Planet Marathi or Content Provider, as appropriate. Affiliate that joins as a party to this Agreement as provided herein, in each case, solely with respect to such entity's exercise of its rights and compliance with its obligations in connection with the countries, territories, and provinces designated by Planet Marathi.

Any version of this Agreement in a language other than English is provided for convenience and the Agreement in English language would prevail upon any other version in any other language.

Given the importance of this Agreement, we encourage you to review it carefully. In addition to the terms set forth below, this Agreement expressly incorporates by reference other Program-specific terms and conditions governing the Program, the information posted on the Program Site, including the Content Policy Guidelines and Planet Marathi OTT Direct Terms of Use, as well as planetmarathi.com's conditions of Use and planetmarathi.com Privacy Policy, published on planetmarathi.com/privacy/

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, End User and Planet Marathi hereby agree as follows:

  1. AGREEMENT ACCEPTANCE: You accept this Agreement by clicking on 'Sign Up' button where you are given the option to do so while creating an account with us, either for use, specific paid one and/or free, or for subscription. If you do not accept the terms of this Agreement, you may and cannot use the Program. By accepting this Agreement, you confirm that you are at least 18 years old (or the age of majority where you reside, whichever is older) and that you are able to enter into and execute a legally binding contract under the relevant laws of the land. If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that company or legal entity, as the case may be, by the terms of this Agreement.

  2. ACCOUNT SETUP AND MAINTENANCE: You must ensure that all the information you provide in connection with establishing your Program account is true and accurate while providing the same and you must keep it up-to-date as long as you intend to use and also while using the Program. You may maintain only one account at a time unless you are using multiple accounts solely for the purpose of delivery of Delivery Materials or making multiple subscriptions available via independent Planet Marathi Subscription Access through integration and otherwise. You would not use false identities and / or would not impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries as deemed appropriate by us to verify the account information you provide. You also consent to sending us your emails relating to the Program and other publishing opportunities from time to time. You are solely responsible for safeguarding and maintaining the confidentiality of your account's username and password and are responsible for all activities which may occur under and from your account, whether or not you have authorized said activities. You may not permit any third party to use the Program, through and under your account and would not use the account of any third party. You explicitly agree to immediately notify Planet Marathi of any unauthorized use of your username, password or account, as the case may be.

  3. TENURE : This Agreement commences upon your acceptance of it and continues in perpetuity until terminated as set forth in this Agreement. All rights granted to Planet Marathi herein would not be deemed to have been lapsed at any time in accordance with the applicable laws of the Territory, including but not limited to for the avoidance of doubt, the provisions of Section 19(4) read with Section 30-A of the Indian Copyright Act, 1957, as applicable. We may terminate this Agreement by issuance of notice to you at any time. You may terminate this Agreement at any time by issuance of notice of termination to us, in which event we would cease offering you your subscribed services, within thirty (30) days from the date that we receive notice of termination; provided that if you distribute the services via independent Planet Marathi Subscription Access through integration and otherwise, (a) the Term of the Agreement with respect to independent Planet Marathi Subscription Access would commence upon your acceptance of this Agreement and continue for the period which you have opted for at the time of payments as and by of consideration payable to us for the services rendered to you from the date that your Subscription begins on the Service (the ' Initial Subscription Term') and (b) the Initial Subscription Term would not automatically extend for any period save and except unless the subscription opted for allows for automated renewal depending on the territory.

  4. AMENDMENT AND / OR NOTICE OF CHANGES: The Program would change over time and the terms of this Agreement would need to change over time as well. Subject to the provisions herein, we reserve the right to change the terms and conditions in this Agreement at any time in our sole discretion. Any changes to the Agreement, including but not limited to Program-specific terms and conditions and / or to the policies and guidelines referenced in this Agreement, other than with respect to the amount of the License Fees, would be effective upon posting of such revisions to the website for the Program at planetmarathi.com, Planet Marathi mobile app and/or any approved internet connected TV application (including any successor and / or replacement and / or alternative website, Planet Marathi mobile app and/or any approved internet connected TV application, the ' Program Site') without prior notice to you. We would post a notice of any changes to this Agreement on the Program Site for at least thirty (30) days after the changes are effective. Changes to the License Fees would be effective and binding on you:

    • on the date 30 days from either

    • posting on the Program Site, or

    • notification to you via email using the email address provided in your Program account or via message to you through your Program account, or on the date you accept the changes, whichever occurs first.

Your continued use of the Program Site and the Program, following any changes to this Agreement, would constitute your explicit and express acceptance of such changes. If you do not agree to changes to this Agreement or the Program Site, following any changes to this Agreement or the Program Site, you may discontinue the use by issuance of notice of termination to us, in which event we would cease offering you your subscribed services, within thirty (30) days from the date that we receive notice of termination.

You are responsible for regularly viewing / reviewing the Program Site for changes and notice any changes, if any. Except as otherwise provided herein, changes to referenced policies and guidelines or any other information including, without limitation in the Content Policy Guidelines, Program Site' Terms of Use, Privacy Policy which may be posted without any other specific notice to you in that regard; provided, in the event of discrepancy between the terms of this Agreement and any of the foregoing, the terms of this Agreement would prevail.

  1. TERRITORY The territory, with respect to any Title, would be each territory you indicate when prompted on the Program Site (the ' Territory').

  2. RIGHTS GRANTED: ' Service' means one or more digital audio-video services branded with a brand of Planet Marathi or a, Planet Marathi Affiliate through which authorized users may obtain Titles via a Distribution Mode. As used in this Agreement, Titles refer solely to the audio-visual programs viewable in your Program account and which are authorized for distribution on the Service. For the avoidance of doubt, the terms of this Agreement apply solely with respect to the Distribution Mode you have enabled for each such Title.

    Pursuant to an acceptance of this Agreement, Planet Marathi would render you the services and the opportunity to purchase and / or access the Titles pursuant to the Distribution Modes (including, without limitation, via re-download and streaming from the Service) which you indicate as available on the Program Site. The retail prices for the purchase and / or viewing purpose would depend from Title to Title, depending on the individual case and, as such, you would have an opportunity to either accept the retail purchase price or charges for viewing, as the case may be, the Titles which are made available for Digital Purchase, Digital Rental and independent Planet Marathi Subscription Access through integration and otherwise but Planet Marathi would have sole discretion to determine the retail prices charged for offerings on the Service.

    Planet Marathi may advertise, market, and promote, in any and all media (whether now known or hereafter devised), the availability of Titles on the Service using the Delivery Materials and any images, trailers, logos, artwork, publicity materials, and metadata provided by the respective owner of the Title, as it deems appropriate (including any non-substantial edits to such materials (e.g. cropping, re-sizing and re-formatting)) as well as any video clips from the Titles created by Planet Marathi (the ' Promotional Materials'). Planet Marathi may insert advertisements before, during or after Titles made available in the Service for Ad-Supported Access and may insert pre-roll and post-roll advertisements, graphics, videos, and logos into or over Titles made available on the Service via any Distribution Modes. Planet Marathi may feature the Promotional Materials in advertisements outside the Program Site, in any media, to promote the Titles and related products, the Service and any features of the Service, and the availability of the Titles on the Service. Planet Marathi may make such modifications as may be necessary to conform the Title to applicable law in the Territory, provided Planet Marathi would use commercially reasonable efforts to ensure such modifications do not to impair the creative integrity, quality or meaning of the Title and the same would be done, if at ball done, only to increase the quality of the digital distribution services being rendered by it to you.

    Notwithstanding any expiration or termination of this Agreement for any reason, Planet Marathi would continue (including, after the conclusion of the Term) to exercise the rights granted hereunder in order to comply with the laws of the Territory.

  3. GENERAL DESCRIPTION OF THE SERVICE AND DISTRIBUTION MODES: You may, in your sole discretion and depending on the availability of the said distribution service by Planet Marathi, be allowed to access Titles in the following ways:

    1. purchase a license to access digital copies of audio-visual content for electronic delivery and repeated viewing over an indefinite period of time (' Digital Purchase');
    2. purchase a license to access digital copies of audio-visual content for electronic delivery and repeated viewing over a finite period of time established by Planet Marathi in its sole discretion (' Digital Rental');
    3. access audio-visual content via one or more subscription offerings, where a separate fee is required to be paid for such access (other than in the case of a free trial), for repeated private viewing by subscribers during the Term (' Non-transactional Access'), which may be through a separate and distinct subscription offering branded with a brand of Planet Marathi or an Planet Marathi Affiliate including the subscription offering known as of the date hereof as Planet Marathi OTT or any successor thereto (' Planet Marathi Subscription Access').
    4. Freemium content for the access of which no payment would be charged, but which would be subjected to the ads as it would deem fit to us.

    It is expressly understood and accepted by you that regardless of the above-mentioned distribution modes subject to any changes thereto at the sole discretion of Planet Marathi, said such access to audio-visual content would be on an ad-supported basis for delivery and repeated private viewing during the Term.

    Digital Purchase, Digital Rental, Non-Transactional Access and freemium content are referred to herein as the ' Distribution Modes', for brevity.

    It is expressly understood and accepted by you that the Service may be offered on a stand-alone basis and/or bundled with other products, services, or offerings, including Planet Marathi Music. It is also understood and accepted by you that Planet Marathi would have sole control over the Service, all features, terms, and other aspects thereof (including, without limitation, the rights and entitlements granted with respect to Digital Purchase, Digital Rental, Non-transactional Access and freemium content, the terms under which the Service is offered and the publication of advertisements in connection with the Service); provided, however, that Planet Marathi's distribution of Titles on the Service would be in accordance with the terms of this Agreement and compliance under the laws of the Territory.

    Without limiting the foregoing, you acknowledge that Planet Marathi may (i) make the Service available through any websites, applications, device interfaces, third-party platforms and / or any other online platforms or points of presence now known or hereafter devised, (ii) grant authorized users, including you, who may receive Digital Purchase, Digital Rental and Non-transactional Access to audio-visual content, the right to access such content via streaming, download, and any other means of digital distribution now known or hereafter referred, for online or offline viewing on any device supported by the Service, and (iii) deliver audio-visual content on the Service via any means now known or hereafter developed (including, without limitation, cable, wire, fibre, satellite, wireless and/or cellular).

  4. DELIVERY OF CONTENT : It is expressly understood and accepted by you that Planet Marathi would, in any manner whatsoever, not be responsible for any of the content being made available for access to you, the views, the depiction of scenes, characters, etc expressed thereof. It is also understood and accepted by you that each Title would be delivered to you in the intended access mode in accordance with such technical specifications as provided by Planet Marathi.

With respect to each Title, the ' Delivery Materials' means (i) a copy of the Title at the highest resolution and / or to the extent possible, other highest technical specification which may be made available to you, (ii) all Promotional Materials (including, but not limited to, all images, trailers, logos and artwork associated with the Title), (iii) captions and audio language files for the Title in accordance with Planet Marathi's technical specifications, but in any event, in accordance with applicable law of the Territory, (iv) all metadata associated with the Title and (v) all available content ratings information, including rating and consumer advice, in accordance with applicable law of the Territory.

The Titles made available by Planet Marathi hereunder for distribution via Digital Purchase or Digital Rental would, to the best of Planet Marathi's knowledge, include all audio-visual programs to the extent of such Titles being offered by the owner and / or producer of it, and as the case may be, any other non-physical distributor in the Territory..

  1. LICENCE FEE PAYMENT: Subject to the limitations set forth in this Section, you hereby explicitly agree and accept that you would pay Planet Marathi the applicable license fees set forth below (' Licence Fees') for getting the licence to avail the services mentioned herein being rendered by Planet Marathi, including purchase of Titles for Digital Purchase or Digital Rental or Non-Transactional Access. Such Licence Fees are in the nature of the compensation payable by you to Planet Marathi to avail the program and its associated features, under this Agreement and would constitute full and complete compensation from you, subject to the changes in the same, revision or otherwise, for all the rights granted to you under this Agreement. It is expressly understood and accepted by you that certain Titles, for accessing the same, either on the basis of Digital Purchase or Digital Rental or Non-Transactional Access may incur additional fees (which would be Content-specific Licence Fees), without the payment of which the audio-video content of the same could not be accessed by you.

    You may transfer the payments towards the Licence Fees, including Content-specific Licence Fees to Planet Marathi via electronic funds transfer subject to its availability. You would also be responsible for any fees, additional or otherwise, including Service Charges, Taxes, etc, as the case may be, imposed by your bank or any intermediary bank or payment gateway.

    If a third party legally asserts, after adjudication to that effect, that you did not have all or any of the rights required to avail the Service or if we determine that you may be in breach of this Agreement, we may withhold all License Fees paid by you, pending the full and final resolution of the issue. If we terminate your account because of breach of this Agreement attributable to you, we would forfeit any License Fees paid from the date of the notice of termination. If, after we have terminated your account, you open a new account without our express permission, we would not owe you any repayment of License Fees and/or on the contrary we would be entitled to forfeit the same, if paid by you while creating a new account. Our exercise of these rights would not limit other rights we may have to withhold or offset License Fees or exercise other remedies under the applicable laws.

    Planet Marathi would render you its Service using multiple currencies which would be subjected to the local currency for the territory in which the distribution occurs or the default currency as opted for by the payment gateway. If you pay to Planet Marathi (us) in a currency other than the local currency, the same would be converted to INR at a market exchange rate that our bank determines, which would be inclusive of all fees and charges for the conversion.

  2. TAXES : It is also understood and accepted by you that Planet Marathi would be solely responsible for collecting and paying to the appropriate taxing authorities any national, state or local sales or use taxes, GST or similar taxes (' Transaction Taxes', for brevity) applicable to and in relation to you subscribing to the Planet Marathi's Program. Planet Marathi would not be required to pay any taxes imposed on or measured by your net income, net profits, income, profits, revenues, gross receipts, franchise, doing business, capital, intangible, value added (other than value added tax in the nature of sales or use or similar taxes), net worth, all real property and ad valorem taxes imposed by any governmental authority on the fees payable by you under this Agreement, or similar taxes or taxes in lieu thereof, whether collected by withholding or otherwise.

    All payments payable by Planet Marathi by you under this Agreement are inclusive of all prevalent Transaction Taxes which apply to the grant of access to the Program as on the date of acceptance of the present Agreement and which may, from time to time change, with the change in laws of the Territory of the policies of the Government.

    Except as specified in this Section, each Party would be responsible for its own taxes as levied by the applicable taxing authorities; provided, any charges towards the stamp duty payable under the applicable laws would be borne by you. Throughout the term of this Agreement, you would provide Planet Marathi with any forms, documents or other certifications as may be required by Planet Marathi to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.

  3. REPRESENTATIONS AND WARRANTIES : You hereby represent and warrant that (i) you have the sole, full and unencumbered right to avail the Planet Marathi's Program and the associated services rendered by it as mentioned above and have obtained all necessary clearances, statutory or otherwise, to subscribe and to avail the same, (ii) any information and documentation provided to us by you would be current, complete, and accurate (iii) the information provided by you would not contain any subject matter or materials which are defamatory, libelous, obscene, or otherwise illegal under the applicable laws of the Territory and (iv) none of the following would violate any law;

    You further represent and warrant that you are not subject to sanctions or designated on any list of prohibited or restricted parties (and is not owned or controlled by such a party), including but not limited to the lists maintained by the United Nations Security Council, the Indian Government, or other applicable government authority.

    You agree and accept that your use of the Services and the Content may give you the opportunity to view, publish, transmit, submit posts and / or comment in accordance with these Terms and Conditions.

    You further agree and accept that you would not misuse the content and / or other users' material. Your access and view would be as part of the Service, including without limitation, not allowing the download / store the Content by illegal / non-permitted means, or infringe any of our & or our licensor and / or third party's copyrights, trademark designs, patents and / or other intellectual property, including any rights of Planet Marathi and / or our licensors or any third party subsisting in the content.

    You further agree that you would not copy / record / edit / modify any of the content you access and view as part of the service, for any purpose of whatsoever nature and / or copy / record / edit / modify any of the content, including audio, video, images etc., by using any means, including software, spyware, etc., for any purpose whatsoever.

    You further agree that you would not post, publish, transfer, upload, transmit or submit any of the content, including without limitation, audios videos, images, comments, or articles, of our website on any other website, webpage or software, mobile application of whatsoever nature in whatsoever manner.

    You further agree and accept that the content provided on our Program Site is strictly for your private viewing only and not for public exhibition; irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the content provided on our website or on mobile application to any other person(s), or in any manner communicate such content to the public.

    In case and if our Program Site allows you to download or stream any of the content in whatsoever manner, you categorically agree that you would not use, sell, transfer or transmit the content to any person or upload the content on any other website, webpage or software or mobile application, which may violate / cause damages and / or injuries to any rights of Planet Marathi or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

    You may encounter third party applications while using our Program Site, including but not limited to, websites, widgets, mobile applications, software, services which interact or which may interact with our website or our mobile application. Your use of these third-party applications would be subject to such third-party' terms of use or license terms. Planet Marathi would not be liable for any representations or warranties or obligations made by such third-party applications to you under contract or law.

    You acknowledge that Planet Marathi's Code of Business Conduct and Ethics (the ' Code') prohibits the paying of bribes to anyone for any reason, whether in dealings with governments or the private sector. You would not violate or knowingly permit anyone to violate the Code's prohibition on bribery or any applicable anti-corruption laws in performing under this Agreement. Planet Marathi may immediately terminate or suspend performance under this Agreement if you breach this requirement.

  4. GEO-FILTERING AND ACCESS CONTROLS : Planet Marathi would utilize industry standard geo-filtering techniques and digital rights management technology in a non-discriminatory manner in relation to similarly situated subscribers, like you. You hereby agree that Planet Marathi would be deemed to be exercising the rights granted herein solely within the Territory as long as Planet Marathi complies with the foregoing. You expressly acknowledge that Planet Marathi makes no representation as to the efficacy of any geo filtering technique or digital rights management technology it employs and agrees that Planet Marathi would not be responsible for the failure of such.

    You categorically acknowledge and agree that: (i) your ability to avail the access of Titles on the Service would be subject to geo filtering techniques or digital rights management technology used by Planet Marathi on the Service for Titles and in the event of failure on account thereof, rendering your access to such or any Title unavailable and / or suspended and / or inaccessible, you would not be entitled to any other remedies, including without limitation monetary damages, in connection therewith.

  5. TITLE WITHDRAWAL : We may withdraw Titles from availability on the Service at any time on thirty (30) business days advance notice by following the then current Program procedures for Title withdrawal or un-publishing.

    All withdrawals of Titles and Subscriptions would apply prospectively only and not with respect to any customers who purchased the Titles or content-specific Subscriptions prior to the date of removal, meaning that we would allow any customer, including you, if you have previously purchased a Title for Digital Purchase or Digital Rental or a Subscription Access to view the Title, as applicable, after it has been withdrawn from the Service to the extent that you had already purchased those rights prior to the withdrawal.

  6. OWNERSHIP AND FEEDBACK : Subject to the terms and conditions, you hereby agree that Planet Marathi retains all ownership rights in and to the copyrights and all other rights and interests in and to the Program, the Program Site and all Planet Marathi properties, and any materials we use or provide to you for use relating to your Titles and Subscriptions. We are solely responsible for, and would have full discretion with respect to the terms, features, and operation of the Program and the Program Site and related marketing, but our use of the Titles, Promotional Materials and Subscriptions would be subject to the terms of this Agreement. If you elect to provide suggestions, ideas, or other feedback to Planet Marathi or any of its Affiliates in connection with the Service, the Program, the Program Site or anything on the Program Site (' Feedback'), Planet Marathi and its Affiliates would be free to use and exploit the same in any manner without restriction and without any need to compensate you. This Agreement does not grant you any license or other rights to any intellectual property and / or technology owned and / or operated by us or any of our Affiliates, including, without limitation, any trademarks or trade names. You agree not to use any trade name, trademark, service mark, logo or commercial symbol, or any other proprietary rights of Planet Marathi or any of its affiliates in any manner without prior written authorization to that effect.Nothing in this Agreement restricts any rights we may have under applicable laws or a separate agreement.

  7. TERMINATION OF AGREEMENT: If either party is in breach of this Agreement and fails to cure such breach within 30 days following written notice from the other party, the non-breaching party may terminate this Agreement upon 7 business days'written notice to the breaching party. Following any termination or expiration of this Agreement, any provision which, by its nature or express terms should survive would survive such termination or expiration, including, but not limited to, Clauses 9 to 12.

  8. INDEMNIFICATION: You would indemnify, defend and hold harmless Planet Marathi, its officers, directors, employees, shareholders, affiliates, subcontractors, successors and assignees, from and against any and all third-party claims, actions, causes of action, demands, judgments, liabilities, damages, losses, injuries, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) brought against Planet Marathi which arise from or relate to: (a) any breach or alleged breach by you of any of your representations, warranties or obligations set forth herein, including providing any information in compliance with the applicable laws.

  9. LIMITATION OF LIABILITY : Planet Marathi would not be liable to you, in whatsoever manner, for any loss, profits or consequential, indirect, incidental, punitive, exemplary or special damages arising out of or in relation to the terms and conditions of this agreement, even if Planet Marathi has been advised or is aware of the possibility of such damages.

    It is understood and accepted by you that the service is made available on an as-is-where-is-the-way-it-is basis and Planet Marathi makes no representation or warranty of any kind, express or implied, regarding the service, including without limitation, (i) that the service would always be available, accessible, or operate without error.

  10. CONFIDENTIALITY : You would not, without our express, prior written permission: (a) issue any press release, media pitch or make any other public disclosures regarding this Agreement or its terms; (b) disclose Planet Marathi Confidential Information to any third party or to any employee other than an employee who legally needs to know the information; or (c) use Planet Marathi Confidential Information for any purpose other than the performance of this Agreement. You may however disclose Planet Marathi Confidential Information as required to comply with the applicable laws, provided you: (i) give us prior written notice sufficient to allow us to seek a protective order or other appropriate remedy; (ii) disclose only that Planet Marathi Confidential Information as is required by applicable law; and (iii) use reasonable efforts to obtain confidential treatment for any Planet Marathi Confidential Information so disclosed.

'Planet Marathi Confidential Information' means:

  1. any information regarding Planet Marathi, its affiliates, and their businesses, including, without limitation, information relating to our technology, customers, business plans, promotional and marketing activities, finances and other business affairs,
  2. the nature, content and existence of any communications between you and us, and
  3. any sales data relating to the sale of digital videos or other information we provide or make available to you in connection with the Program.

Without limiting the survivability of any other provision of this Agreement, this Section would survive three years following the termination of this Agreement.

  1. DISPUTE RESOLUTION AND GOVERNING LAW: Any dispute or differences between the parties arising from this Agreement or from any interpretation thereof, it would be referred to an arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration would be in Mumbai and the language would be English.

    Notwithstanding the provision for arbitration as set out hereinabove, as this Agreement is executed by the parties in Mumbai where the Registered Offices and / or addresses of the parties are located, the parties hereby elect the jurisdiction of the Courts in Mumbai, to the exclusion of any other, to adjudicate any issues arising from this Agreement in the course of its performance.

  2. FORCE MAJEURE: In the event that any party hereto is delayed or hindered in the performance of any act required herein by reason of strike, lock-outs or lockdowns, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reasons of a like nature not the fault of such party, then performance of such act shall be excused for the period of the delay and the period for performance of such act shall be extended for the period equivalent to the period of such delay.

  3. MISCELLANEOUS: 21.1. Entire Agreement: This Agreement constitutes the entire agreement between the signatories and would supersede all negotiations, preliminary agreements, and all prior and contemporaneous discussions and understandings of the signatories in connection with the subject matter hereof.

    21.2. Notices: Any communication of importance, including a Notice, should be in writing, which should be issued to the addressee-party at its address as mentioned hereinabove. Such communication may be sent by Post or by email, depending on the exigency, importance and convenience of the parties.

    21.3. Parties to act with due diligence and in good faith: The Parties hereto would dutifully perform all covenants of this Agreement in letter and spirit and would otherwise act with due diligence and in good faith.

    21.4. Waiver: Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power or remedy vested in this Agreement would constitute a waiver by either Party of that or any other right, remedy or power.

    21.5. It is understood by the parties that this contract is for rendering of services on Principal-to-Principal basis and not for any other purpose, including supply of labour. Said such rendering of services by Planet Marathi to you is as per the current Government policies, laws, rules and regulations and, as such, it is subject to relevant changes with the changes in such policies, laws, rules and regulations. As mentioned, under the contract, the relationship between Planet Marathi and you is on a 'principal to principal' basis and not as between 'a principal and an agent'. You, in the performance of this contract, would be responsible for your work, productivity and returns therefrom from your own account.