TERMS AND CONDITIONS
Welcome to the sparx Terms and Conditions (“Terms”)!
This electronic record is prepared in Terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. The document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms and Conditions of access or usage of the sparx mobile application.
The sparx mobile application (referred to as the "App"), our websites, including sparx.samalan.com and samalancorp.com, and our digital products and services, such as competitions, marketing and surveys, are collectively termed as our "Sites." The term "Services" encompasses the use of our App and Sites, along with all associated services in these Terms and Conditions.
For the purposes of these Terms, "You" or "User" refers to any natural or legal person who agrees to become a buyer or User on the App and Sites, which is confirmed through the provision of registration data on the App. You have the option to use the App or Sites to share information with other Users, including friends who are also Users. Occasionally, it may be necessary for us to share your information. The App and Sites are operated by Samalan Corporation (OPC) Private Limited, also referred to in this Policy as "Samalan Corporation", "We", "Organisation", or "Us". We are the controllers of personal information collected and processed through the sparx App and Sites.
Your use, access, browsing, and review of the sparx App and its Services and tools are governed by these Terms and Conditions, as well as all applicable laws. By accessing and using the App, You unconditionally accept these Terms. Simply using the App implies that You are entering into a contract with Samalan Corporation, the owner of the App. If You do not agree to these Terms, You should refrain from using the Services. Should You find any part of these Terms unacceptable at any time, You must immediately cease using the Services.
YOUR ACCOUNT
- When You download the App, You will be required to register to the App by creating your account ("Account").
- This Account can be created through the phone number and email.
- We collect and store all the information provided by You during this registration, including your pictures. We request You to go through our Privacy Policy to get a better idea of how We use this information.
- You are solely responsible for keeping your credentials (including One Time Passwords sent to the phone number and email id You provided) safe and protected. We shall not be liable in case the User forgets/loses/unable to access them.
- In an event that You feel your Account or its information is at risk or is being misused by someone other than You, contact Us at contact@sparx.dev requesting Us to remove the Account associated with your phone number.
AGE
In order to create an Account You must be at least 18 years old or the age of majority to legally enter into a contract under the law. sparx does not knowingly collect any information about or market to children and minors. If You are less than 18 years old, We request that You do not submit information to Us. If We become aware that a child, minor or anyone under the age of 18 has registered with Us and provided Us with personal information, We will take steps to terminate that person’s registration.
RULES & RESTRICTIONS
We advocate for our Users to express themselves on the App, including profiles, bios, text entries, images, videos, and messages exchanged with others (collectively, "User Content"), all within the framework of our established guidelines and restrictions.
You agree to:
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- When creating your Account and setting up your profile, use your actual name, correct age, and provide other accurate personal details as required by the App; and
- Use the App and Sites in a professional manner.
You must not:
- Behave unlawfully or unprofessionally, including being dishonest, abusive, or discriminatory. Misrepresent your identity, age, past or present positions, qualifications, or affiliations with a person or entity;
- Disclose information without proper consent;
- Stalk or harass other Users;
- Participate in or operate pyramid schemes, fraud, or similar practices;
- Develop, support or use software, devices, scripts, or other means to scrape, exfiltrate, or copy profiles and data from the App or Sites;
- Misbehaving within the sparx community;
- Infringes upon the intellectual property rights of others. This includes, but is not limited to, content that You do not have the right to use, or content that uses the ideas, patents, copyrights, trademarks, or trade secrets of others without explicit permission;
- Post content containing software viruses or programs designed to disrupt the functionality of the App and Sites;
- Post or share any content that threatens the unity, integrity, defence, security, or sovereignty of India, or that adversely affects India's relations with foreign states. Additionally, content should not disrupt public order, incite the commission of any recognizable offense, hinder the investigation of any offense, or insult or derogate other nations in any manner;
- Promote illegal activities which includes, but is not limited to, advocating terrorism, inciting racial hatred, or engaging in actions that constitute a criminal offense;
- Conducting sales, organising competitions, advertising, providing links to external websites, or promoting premium-rate telephone numbers;
- Harm minors in any way;
- Grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, or racially or ethnically objectionable, disparages others, relates to or encourages money laundering or gambling, or is in any way unlawful;
- Use, share, or post any data obtained from the App and Sites. This includes, but is not limited to, "Our Content" (defined in section 4), your own data as well as data from other Users, such as profile information, messages, and any other personal or proprietary information You encounter while using the App and Sites.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws regarding your use of the App and Sites.
Reporting and Enforcement
- Report abuse or inappropriate User Content to Us. We may investigate and take necessary actions, including immediate termination of User access.
- We operate a zero-tolerance policy for violations of these User Content rules.
Content Ownership and Licensing: While You retain ownership of your User Content, by posting it on the App, You grant Samalan Corporation a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and Samalan Corporation's (and its successor's) business. This license continues even if You stop using our Services.
By using sparx , You agree to abide by these rules and restrictions, helping Us maintain a respectful and safe community for all Users. Samalan Corporation reserves the right to enforce these Terms as necessary to ensure the integrity and security of our App and its Users.
INTELLECTUAL PROPERTY
- The App and Sites are solely controlled, managed and operated by the Organisation. All material on the App including but not limited to text, images, graphics, User interfaces, logos, artwork, illustrations, audio clips, video clips and other intellectual property featured (collectively, “Our Content”) belong to the Organisation and are protected by copyrights, trademarks, and other intellectual property rights.
- This material is solely for your personal and non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
- Modification of the material or use of the materials for any purposes other than personal and non-commercial use is a violation of the copyrights, trademarks and other proprietary rights and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- You are prohibited from using our names in metatags, keywords, or hidden text.
- You must use Our Content for lawful purposes only.
SAFETY
- Once You start using the App, You are solely responsible for taking all safety measures with regards to:
- Your use of the App; and
- Your interaction with the other Users;
- You further agree and understand that technology comes with risk. You accept and acknowledge that there are risks involved in connecting with strangers over the internet and offline. We do not guarantee any accuracy of information shared by any User;
- We take all possible precautions to check the accuracy of information. However, We do not provide any guarantee upon its accuracy;
- We further do not warrant that the App will always be available uninterrupted and in a fully operational condition;
- We do not collect or store data provided by minors. At any point, if it comes to the notice of the Us that a minor has shared any data on the App, We shall take all measures to delete the data immediately.
LINKS TO THIRD-PARTY SITES
The App and Sites may provide links to third-party sites for the convenience of Users. We do not control the Content and resources provided on these sites. Users are advised to review the terms and conditions and privacy policies of third-party sites before using them. App does not monitor these third-party sites and shall not be responsible or liable for their content, products, or services. Users acknowledge that they access third-party sites at their own risk.
USER DATA RETENTION AND PROTECTION
- We follows strict data retention policies to ensure that User information is retained only for the duration necessary to fulfill the purposes outlined in our Privacy Policy.
- Users have the right to request access, correction, or deletion of their personal information in accordance with the applicable data protection laws. Details on how to exercise these rights can be found in our Privacy Policy.
- We employ technical and Organisational measures to protect User data against unauthorized access, disclosure, alteration, and destruction.
NO WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED BY THE ORGANISATION ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ORGANISATION, TOGETHER WITH ITS AFFILIATES, SUPPLIERS, AND RESELLERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ORGANISATION AND ITS AFFILIATES, SUPPLIERS, AND RESELLERS DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. FURTHER, THERE IS NO WARRANTY OF ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOUR USE OF THE SERVICES AND ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA THAT RESULTS FROM SUCH USE. THE ORGANISATION DOES NOT ASSUME ANY RESPONSIBILITY FOR THE RETENTION OF ANY USER DATA OR COMMUNICATIONS BETWEEN USERS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. THE ORGANISATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES.
LIMITATION OF LIABILITY
The Organisation shall not be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business, profits, business interruption, loss of business information, or any other pecuniary loss or damage) to the maximum extent permitted by applicable law arising out of the use of or inability to use the Services or failure to provide technical or other support Services.
Release of Liability for Samalan Corporation
- Acknowledgment of Risks: By using the App and the Services, You acknowledge that online and offline social networking involve inherent risks and dangers, including but not limited to risks of physical harm, emotional distress, and other psychological injury. You understand that Samalan Corporation does not perform background checks on its Users, and it is your responsibility to take appropriate precautions.
- Assumption of Risk: You voluntarily assume all risks associated with using the App and the Services, including the risk of any injury, harm, or loss that may occur as a result of your interactions with other Users, both online and offline.
- Release and Waiver: You hereby release, waive, and forever discharge Samalan Corporation, its affiliates, subsidiaries, directors, officers, employees, agents, and successors (“Released Parties”) from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, arising out of or related to any interactions with or conduct of other Users of this App and the Services. This release applies to any and all claims, including those resulting from the negligence of the Released Parties, to the fullest extent permitted by law.
- Indemnification: You agree to indemnify and hold harmless the Released Parties from any claims, liabilities, damages, losses, or expenses resulting from your use of the App or your interactions with other Users (more details in Section 12).
- No Liability for User Conduct: Samalan Corporation is not responsible for the conduct of any User of the App and the Services , either online or offline. The Organisation makes no representations or warranties about the quality, character, or actions of any of its Users.
- Agreement to Terms: By using the App, You agree to the Terms and conditions set forth in this Release of Liability, as well as any other Terms or policies established by the Organisation.
You are responsible for the actions of all End Users who access or use the App via your Account, and You agree to ensure their compliance with the Terms of this Agreement/Terms and any other Organisation policies. The Organisation is not responsible or liable for any violations by End Users. If You become aware of any breach of this Agreement in relation to the App’s use by any individual, please contact Us. The Organisation may investigate any reported violations and take any appropriate action, including but not limited to issuing warnings, removing User Content, or terminating Accounts and/or User profiles. However, under no circumstances will the Organisation be liable for any data or other User Content shared or viewed while using the App. This includes, but is not limited to, any errors or omissions in such data or User Content, or any loss or damage incurred as a result of using, accessing, or being denied access to any data or User Content.
BREACH OF TERMS
Without prejudice to our other rights under these Terms and Conditions, if You breach these Terms and conditions in any way, or if We reasonably suspect that You have breached these Terms and conditions in any way, We may:
- send You one or more formal warnings;
- temporarily suspend your access to our App;
- permanently prohibit You from accessing our App;
- commence legal action against You, whether for breach of contract or otherwise; and/or
- suspend or delete your Account on our App.
INDEMNITY
All actions You make and information You post/share on sparx are your responsibility. Therefore, You agree to indemnify, defend, and hold harmless Us, our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by Us arising from, or potentially payable by, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed according to these Terms of Use.
Furthermore, You agree to hold the Organisation harmless against any claims made by any third party due to, or arising out of, or in connection with:
- Your access to and use of the App and the Services;
- Your violation of these Terms;
- Your violation of the rights of other parties, Users, and/or third parties;
- Your alleged improper conduct according to these Terms;
- Any negligent acts, omissions, or willful misconduct by You;
- The uploading or submission of User Content to the App by You;
- Your violation of any law or of any rights of any third party.
- We retain the exclusive right to settle, compromise, and pay any and all claims or causes of action brought against Us without your prior consent. If We ask, You will cooperate fully and reasonably as required by Us in the defence of any relevant claim.
In no event shall We be liable to compensate You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with your use of or access to, or availing services from or materials contained therein on the App and Sites.
You agree to fully cooperate in indemnifying the Organisation at your own expense. You also agree not to settle with any party without the consent of the Organisation.
Furthermore, You agree to indemnify and hold harmless the Organisation, including its affiliates, subsidiaries, and group companies (as applicable), along with their respective officers, directors, agents, and employees, from any claims, demands, actions, or penalties, including reasonable attorneys’ fees, made by any third party. This indemnification is due to or arises from your breach of these Terms, the Privacy Policy, other Policies, or your violation of any laws, rules, or regulations, or the infringement of the rights (including intellectual property rights) of a third party.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and User Content associated with or inside your Account.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers, and Limitation of Liability.
ARBITRATION
In the event of any differences and disputes with respect to the Terms, the same shall be referred to arbitration as per the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The venue and seat of the Arbitration shall be at Bengaluru, Karnataka, India, and the arbitration shall be conducted in the English language.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts, tribunals, and applicable authorities located in Bengaluru, Karnataka, India. The place of jurisdiction for any legal matters arising under these Terms shall be exclusively in Bengaluru, Karnataka, India.
Should You have any concerns or disputes concerning the App and Sites, You agree to first attempt to resolve the issue amicably by contacting our support team at the provided email address before initiating any legal proceedings in court.
TERMS ENFORCEMENT AND INTERPRETATION
No waiver by Us of any Terms set forth in these Terms shall be deemed a further or continuing waiver of such Terms, nor a waiver of any other Terms. Any failure by Us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Should any provision of these Terms be held invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect. Your Account is non-transferable and all rights to your Account and its content terminate upon your death.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior written notice to You. It is your responsibility to periodically review these Terms for updates/changes. Your continued use of the App following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable license to enter and use the App. By implicitly or expressly accepting these Terms, You also accept and agree to be bound by our Organisation Policies and Terms, including but not limited to our Privacy Policy, as amended from time to time.
ENTIRE AGREEMENT
These Terms and our Privacy Policies and Guidelines contain the entire Agreement as to the subject matter hereof and supersedes any previous or contemporaneous understandings, commitments, or agreements, oral or written, as to such subject matter.
REPORT ABUSE AND TAKE DOWN POLICY
In the event You come across any abuse or violation of these Terms and Conditions or if You become aware of any objectionable User Content on the App, or if You believe your intellectual property rights have been violated in any manner through the App, please inform Us on the contact details available below.
CONTACT
Contact Us:
- App: hello.sparx@samalan.com
- Organisation: hello.sparx@samalan.com
Effective date
The Terms were last updated on 18th November, 2023.