Terms & Conditions

This website (located at www.casto.com) is owned and operated by Casto Travel, Inc. Please read and review these terms of use carefully before accessing or using this site. By accessing and using this site, you acknowledge that you have read, understood and agreed to the terms of use without limitation or qualification. If you do not agree to the terms of use, you may not access or use the site.

References in these terms of use to “you”, “your” or “yours” are to be taken as references to the site user and the user’s company, except where stated or where the context requires otherwise. References to “us” or “we” are to be taken as references to Casto.

1. LIMITS ON USE

You may not use this site or the services offered on or through it for personal gain and you may not sell or provide to any third party, or otherwise profit from, any services or information (nor any modification, adaptation or analysis of them) available on or through this site.

2. SECURITY

We reserve the right from time to time to: (a) alter and/or introduce new and/or additional security measures without notice; (b) temporarily withdraw and/or limit the availability of this site to any individual(s); and (c) do anything else that we believe necessary to preserve the security and integrity of this site and the information held in this site’s databases.

3. ACCURACY & SITE CONTENT

We use reasonable skill and care in compiling the information accessible on and through this site. However, certain information may have been compiled and/or provided to us by a third party which is not a member of our network. Casto does not accept responsibility for the accuracy of any information which is obtained from any such third party. Furthermore, errors and omissions in the information accessible on and through this site may occur because of a number of factors which are inherent in any internet-related system and which are not within our reasonable control. For example, information may be affected by machine, software or operator error, or malfunctions in connection with data transmission. In view of this, the information is provided “as is” and you should always attempt to verify the accuracy of any information obtained from this site before relying upon it. You agree that access to and use of this website and the content thereof is at our own risk.

This is a dynamic site and as a result, the content and look and feel may change from time to time without prior notice.

4. LIMITED LICENSE & OWNERSHIP

You are granted a limited license to download the materials contained on this site to a personal computer, and to print a hard copy of such materials, solely for your personal, non-commercial use, provided that all copyright, trade mark and other proprietary notices are left intact.

Save as expressly and specifically permitted in these terms of use, all translation, re-transmission, distribution or other use of the materials contained on this site and in its databases on any other internet site or other media is strictly prohibited. You are also prohibited from: (a) framing this site or any part of it on any other site; or (b) mirroring this site on another server; or (c) using automated screen capture or screen scraping technologies to obtain information of any sort from this site.

The grant of this limited license is conditional upon your agreement to and compliance with all of these terms of use.

Software (if any) made available to download from this site is either owned by or licensed to us. You may only use such software in accordance with the end user license accompanying that software or, where there is no such license, you are granted a non-exclusive, non-transferable license to use the said software for using this site in accordance with these terms of use.

All copyright and all other intellectual property and proprietary rights of any sort relating in any way to this site (including, but not limited to, those relating to its content, branding and the services, software and any other materials made available on and through it) which are not granted to you in accordance with these terms of use are hereby expressly reserved to Casto or, in the case of any other brands, names and logos featured on this site, their respective owners.

5. PRIVACY POLICY

This Privacy Policy covers how Casto Travel (including casto.com) and Casto’s ‘Marco’ mobile application treats Personally Identifiable Information (as defined below, "PII") and other information that Casto Travel collects in connection with our services and other third party websites that use the Casto Services. For the purposes of this Privacy Policy, “PII” is information that identifies a specific individual or household, such as name, address, email address, and/or phone number. For the purposes of this Privacy Policy, PII does not include any data or information that does not identify anyone individually including, without limitation, data and or information that has been aggregated, de-identified and/or anonymized so that it does not identify a specific individual or household and does not allow a third party to easily identify a specific individual or household.

By using this casto.com Site and accepting the Terms of Service, you agree to this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT ACCEPT THE TERMS OF SERVICE AND YOU MAY NOT USE THE CASTO SITE, MARCO MOBILE APPLICATION AND/OR CASTO'S SERVICES.

Scope of Privacy Policy.

This Privacy Policy applies to PII and other information collected by casto.com through your use of the Casto Site and/or the Casto's Services and does not apply to any other information collected by Casto through other means (as described below). When you navigate away from the casto.com Site to websites controlled by third parties, you leave the casto.com Site, at which point our Privacy Policy no longer applies. We do not provide a notice warning our users when they are leaving the casto.com Site.

The Information We Collect.

The Casto Service includes the collection, aggregation, analysis, and organization of requests and other information to provide users an integrated, actionable environment to manage and obtain maximum benefits from their purchasing activities. By registering for an account with Casto Travel, you are authorizing us to gather, parse, and retain data and information from requests you make, as necessary to deliver and support our services. As described below, Casto is able to offer its services to users through the development and marketing of aggregate and anonymous consumer data.

Casto collects PII when you register for a new account with Casto. In registering with Casto, you may also provide information necessary to use Casto, such as the login credentials or other Internet accounts that you link to Casto. We may also collect PII from you in other ways, such as contacts with our customer-support team.

Social or Phone or Email Sign-On.

We collect PII when you use your social media credentials to log into Casto Services. For example, when you log in with your Gmail credentials, we may collect the PII you have made available to Google and on Google+, such as your name and profile picture.

Non-PII Collection and Use.

Whenever you visit Casto Services, Casto also receives and records information on our server logs from your browser, including your IP address, cookie information, and the pages you request, and relates it to the PII you provide. Casto uses this information to provide our services, to improve our products and services, to contact you, to conduct research, and to develop and maintain anonymous or aggregated data and analytics.

In connection with our Marco mobile application, Casto may use tools or third party analytical software to automatically collect and use certain data that does not directly identify you, such as: (i) device properties, including, but not limited to unique device identifier or other device identifier ("UDID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as country or region; (v) other similar data as reasonably required by Casto to enhance the services and other Casto products and services. Casto does not share such data with third parties.

Casto may use and disclose to Casto’s service providers the collected non-personal data for purposes of analyzing usage of the services, advertisement serving, managing and providing the Services, and to further develop the services and other Casto services and products. Occasionally we work with other companies for the purposes of data processing or market research product development purposes.

You recognize and agree that the service providers utilized by Casto may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.

How We Use your Personal Information

Our use of PII.

We use PII for internal and service-related purposes only and we may disclose PII to the vendors and suppliers who provide various services to us. Casto does not rent, sell, or share PII with other people or nonaffiliated companies for marketing purposes. We may allow access to other Casto data, under non-disclosure agreements, to develop improvements to our services.

Third Party site support and usage.

If you authorize us to place new orders or cancel orders on your behalf using Casto's technologies, the data in your email, including PII, will be subject to that third party website's terms of service and privacy policies, even if you have also directly signed up for a Casto account.

Anonymous use and sharing.

We may share with third parties anonymized information about Casto users' transactions. Such consumer behavior and information may be of value to third parties in the performance of marketing services, including evaluating market trends and/or under a joint marketing agreement to provide services that will be of particular interest and relevance to you. Again, such information will not include PII. When you deactivate your Casto account, your PII is permanently disassociated with your purchase data. The anonymized purchase data itself may continue to be incorporated in our databases and prepared analyses. Our services do not receive or respond to the DNT Header.

Legal sharing for protection of us, you, and others.

We may disclose PII to third parties who are: assisting us in protecting against or preventing actual or potential fraud, unauthorized transactions, claims or other liabilities, or to investigate potential fraudulent or questionable activities. We may disclose PII in response to legal process, for example, in response to a court order or a subpoena. We may disclose PII in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities or suspected fraud, violations of our Terms of Service, or as we believe may be otherwise required by law.

Merger or sale.

If all or substantially all of Casto or its assets are sold or transferred, PII and other information we have collected may be treated as an asset and transferred to the acquiring party.

We reserve the right to send you certain communications relating to Casto, such as service announcements and administrative messages that are considered part of your Casto account.

Cookies and Related Technologies.

Casto uses "cookies". Cookies are small text files that we place in visitors' computer browsers to store their preferences. Most browsers allow you to manage cookies including blocking and deleting them. If you block or delete our cookies, Casto Services may not work as well or at all for you.

How We Secure Your Personal Information.

Casto takes commercially reasonable efforts to limit access to your PII. We have put in place appropriate procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and use correctly the PII we collect from you.

No data transmissions through the Internet or mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot eliminate fully all security risks associated with PII and technical mistakes are possible. We do not ensure or warrant the security of your PII or any data or information you transmit to us and you do so at your own risk. If Casto learns of a security systems breach involving PII, then we may attempt to notify you electronically. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues. We may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view and access casto.com. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors.

Casto Services are hosted in and intended for use in the United States by U.S. residents. We may transfer your PII within Casto including to any of our worldwide affiliates acting on our behalf and in accordance with this Privacy Policy.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States to Casto. By providing your PII you consent to any transfer and processing in accordance with this Privacy Policy.

How to Contact Us.

If you have questions or suggestions, please see contact options on our contact page.

How to Review or Correct your Personal Information.

Upon request, we will provide an individual with access to PII that we have collected about them (provided that they have given proof of identity). This information can be requested by sending us an email through the email link provided above or writing to us at the above address. This information can be corrected by sending us an email through the email link provided above or writing to us at the above address.

How We May Update Our Privacy Policy.

From time to time, we may use PII for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change, we will immediately post any adjustments to our Privacy Policy on the casto.com Site. Unless we notify you otherwise, the revised Privacy Policy will be effective at the time we post it. Your continued use of the casto.com Site and/or Service after a revised or updated version of the Privacy Policy has been posted constitutes your acceptance of that new Privacy Policy.

6. LINKS

Where this site contains links or references to third party sites you should be aware that we may not control the sites reached through those links. Such links and references are provided merely as a convenience. We are not responsible for the content or privacy practices of sites which we do not control and shall have no liability for damages or injuries of any kind arising from such content or your use of third party sites.

The existence of a link on this site does not imply any endorsement or approval of any goods, services, opinions or other material(s) of any sort made available on or through sites which we do not control, nor do we take any responsibility for the opinions of third parties (if any) expressed on or through this site.

Please note: ABTA protection may not apply to the third party sites which are accessible from this site.

7. DISCLAIMER AND LIMITATION OF LIABILITY

(a) EXCEPT AS MAY BE SET OUT IN THESE TERMS OF USE, THIS SITE, ITS CONTENT, AND ANY USE YOU CHOOSE TO MAKE OF IT, ARE PROVIDED AND PERMITTED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES SO FAR AS PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS SITE IS ADEQUATE, COMPLETE, ACCURATE OR UP-TO-DATE, NOR DO WE WARRANT THAT THE SITE (OR ANY PART OF IT) WILL ALWAYS BE ACCESSIBLE, FULLY FUNCTIONAL OR FREE FROM ERRORS AND VIRUSES. WE DO NOT WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU AGREE THAT THE ONLY REMEDY AVAILABLE TO YOU FOR BREACH OF THESE TERMS OF USE SHALL BE FOR OUR BREACH OF CONTRACT UNDER THESE TERMS OF USE.

(b) SUBJECT TO PARAGRAPH (D) BELOW, BUT OTHERWISE SO FAR AS PERMITTED BY LAW, WE EXCLUDE AND ARE NOT LIABLE FOR ALL LOSS, DAMAGE(S) AND LIABILITY (WHETHER OR NOT CAUSED BY OUR NEGLIGENCE) INCLUDING BUT NOT LIMITED TO LOSSES FOR ALL WASTED TIME, ALL LOSS/CORRUPTION OF DATA, ALL LOSS OF PROFITS, OPPORTUNITIES, AND GOODWILL, AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE LOSS OR DAMAGE(S) ARISING FROM OR IN RELATION TO USE OF THIS SITE AND/OR THE INFORMATION ON IT OR ANY SERVICES PROVIDED THROUGH IT, HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, AND EVEN IF IT WAS REASONABLY FORESEEABLE OR WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSS/DAMAGE(S)/LIABILITY. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT.

(C) EXCEPT AS OTHERWISE PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY HEREUNDER IN RESPECT OF DIRECT LOSS AND DAMAGE AND OTHER DIRECT LIABILITY, HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE SHALL BE LIMITED PER CLAIM OR SERIES OF RELATED CLAIMS, TO $100.

(d) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR AL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. SEVERABILITY

If one or more of the provisions of these terms of use are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of use. These terms of use shall be deemed amended by modifying or severing such provisions as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable which materially gives effect to their intent. Any invalid or unenforceable provision or provisions shall be severable from these terms of use so that the validity or enforceability of their remaining provisions, or the validity of the provision(s) in question in any other jurisdiction shall not be affected.

9. ENTIRE AGREEMENT

These terms of use supersede all prior agreements, arrangements and statements (except for those for which liability is not excluded) between us with respect to your use of this site and constitute the entire agreement between us relating to the same.

10. CHANGE OF TERMS OF USE

We may alter, adapt or otherwise change these terms of use from time to time (for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the site) without prior notice. Your continued use of this site will constitute acceptance of those amended terms of use and you should review them before making any further use of this site.

11. ABOUT US

This site is made available to you by Casto Travel, Inc. (Casto Headquarters, 2560 N 1st St #150, San Jose, CA 95131 CST#1008439-10). All rights reserved.

You can contact us by writing to us at the above address or by using the ‘contact’ facility on this site.

12. MISCELLANEOUS

These terms of use shall not constitute or be deemed to constitute a partnership, joint venture or contract of employment between you and us.

You may not assign, sub-license, sub-contract or otherwise transfer or deal in any of your rights or obligations under these terms of use without our prior written consent.

Headings in these terms of use are for convenience only and are not to be taken into account when construing these terms of use.

13. TERMINATION

We reserve the right to block your access to this site immediately and without notice if, in good faith, we believe that you have failed to comply with any of these terms of use.

14. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Casto Travel, Inc., its affiliates, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms of use.

15. GOVERNING LAW

Use of this site is governed by California law without giving effect to the principles of conflicts of law. You irrevocably agree to submit any claim or dispute arising in relation to, out of, or in connection with this site (and any use you make of it and/or opportunities offered through it) to the non-exclusive jurisdiction of the federal and state courts located in Santa Clara, California. To the fullest extent permitted by applicable law, no lawsuit brought under this terms of use shall be joined to any other lawsuit involving any other party subject to these terms of use, whether through class action or otherwise.

16. COPYRIGHTS

The entire contents of this website are subject to United States and international copyright protection and is the property of Casto Travel, Inc.. All software used on this site is the property of Casto Travel, Inc. or its software suppliers and protected by United States and international copyright laws. Except as expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or crate any derivative work based on such images, text or documents, without the express written consent of Casto Travel, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Casto Travel, Inc. or any of its affiliates or any other third party.

17. VOID WHERE PROHIBITED

This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information pertaining to our services is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from the United States. This site links to other sites produced by Casto's various subsidiaries, some of which are outside the United States. Those sites may have information that is appropriate only to that particular originating country. We reserve the right to limit provision of our services to any person, geographic region or jurisdiction. Any offer for any service made on this website is void where prohibited.