Sparxlight – Terms and Conditions

TERMS OF SERVICE AGREEMENT LAST REVISION: [18-June-2016]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR ORDERING PRODUCTS AND SERVICES FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.sparxlight.com, its associated mobile applications and social media profiles (the “Platform”), Infureka Technologies Pvt. Ltd. (“Sparxlight.com”) offers of products and services for purchase on this Platform, or your purchase of products and services available on this Platform.

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Sparxlight.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Platform.

Sparxlight.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.

Sparxlight.com encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing the use of the Platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Sparxlight.com for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform.

I. Membership Eligibility
Use of Sparxlight.com Platform is only for those individuals or legal entities who can form legally binding contracts under the applicable law. Therefore, if you are a minor, that is below 18 years of age, you are not eligible to use or transact on this Platform.

II. Products and Services Terms of Offer
Sparxlight.com is an online marketplace for providing Experiences. “Experiences” are certain products and services packaged together, marketed, and sold via the Platform. In order to provide a comprehensive choice of Experiences, it has tied up with many vendors and service providers. By placing an order for Experiences through Sparxlight.com, you agree to the terms set forth in this Agreement.

III. Communication
You consent to receive communication through the Platform and its employees and shareholders by email, SMS, electronic alert, and call to provide you with, but not limited to, updates, reminders, and feedback requests.

IV. Customer Solicitation
Unless you notify Sparxlight.com sales representatives, while they are calling you, of your desire to opt out of further direct company communications and solicitations, you are agreeing to continue to receive further emails, notifications, messages, and call solicitations from Sparxlight and its designated in-house or third-party call and message team(s). Opt-out Procedure:

1. Use the opt-out link found in any email solicitation that you may receive.
2. Alternatively, you may choose to opt-out by sending an email to Sparxlight.com at the contact email mentioned on the website.

V. Proprietary Rights
Sparxlight.com has proprietary rights and trade secrets in the Experiences, products, and goods it sells. You may not copy, reproduce, resell, or redistribute any Experiences, items, goods manufactured and/or distributed by Sparxlight.com. Sparxlight.com also has rights to all trademarks, trade dress, and specific layouts of this webpage, including calls to action, text placement, images, and other information.

VI. Sales Tax; Service Tax
If you purchase any Experiences, you will be responsible for paying any applicable sales tax and service tax.

VII. Platform Content; Intellectual Property; Third-Party Links
In addition to making Experiences available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party websites. Sparxlight does not always create the information offered on this Platform; instead, the information is often gathered from other sources. To the extent that Sparxlight does create the content on this Platform, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Sparxlight does not endorse the contents on any such third-party websites. Sparxlight is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

VIII. Use of Platform
Sparxlight.com is not responsible for any damages resulting from the use of this Platform by anyone. You will not use the Platform for illegal purposes. You will:

1. Abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property).
2. Not interfere with or disrupt the use and enjoyment of the Platform by other users.
3. Not resell material on the Platform.
4. Not engage, directly or indirectly, in the transmission of “spam,” chain letters, junk mail, or any other type of unsolicited communication.
5. Not defame, harass, abuse, or disrupt other users of the Platform.

By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your normal, non-commercial use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Sparxlight.com or the applicable third party (if third-party content is at issue).

Posting
By posting, storing, or transmitting any content on the Platform, you hereby grant Sparxlight.com a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Sparxlight.com does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. Sparxlight.com is not liable for any damage or harm resulting from any posts by or interactions between users. Sparxlight reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content Sparxlight deems objectionable, at its sole discretion.

IX. User Accounts; Promotions
Sparxlight reserves the right to collect user data, including name, contact information, location-based information provided by telecommunication companies or personal devices, and other details to facilitate Experiences or use of the Platform. All information collected from the user is on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to the automated termination of your services or the use of the platform without prior notice. Your accounts bearing contact numbers and email IDs are created and owned by Sparxlight.

Any promotional discounts, offers, and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or your malafide intent. If the Platform is unable to establish your unique identity against a valid mobile number or e-mail ID, your account shall be indefinitely suspended, and Sparxlight does not have the liability to share any account information whatsoever.

The Company shall be entitled at any time, without giving any reason, to terminate the booking of your Experience(s). Further, Sparxlight encourages all its customers to take full responsibility for their items. In case of lost items during an Experience, Sparxlight will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.

Payment
Using any of the payment methods on the Platform, Sparxlight will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly due to:

1. Lack of authorization for any transaction(s).
2. Exceeding the preset limit mutually agreed upon by you and between “Bank(s).”
3. Any payment issues arising out of the transaction.
4. Decline of the transaction for any other reasons.

By making the payment to Sparxlight, you understand that Sparxlight is neither a banking nor financial service but only a facilitator providing electronic, automated online payments. Through providing payment facilities, Sparxlight is not assuming any fiduciary responsibility or acting as a trustee for the concerned transaction.

X. Disclaimer of Warranties
YOUR USE OF THIS PLATFORM AND/OR EXPERIENCES ARE AT YOUR SOLE RISK. THE PLATFORM AND EXPERIENCES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARXLIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE EXPERIENCES OR PLATFORM CONTENT, OR ANY RELIANCE UPON OR USE OF THE PLATFORM CONTENT OR EXPERIENCES.