AGREEMENT TO OUR LEGAL TERMS
We are Sparq Enertech Private Limited ("Company", "we", "us", or "our"), a company registered in India at A-605, Om Decora 9 Square, Nana Mava Road, Nana Mava Road, Rajkot, Gujarat 360005. We operate the website https://sparqenertech.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at +91 7574079000, email at info@sparqenertech.com, or by mail to A-605, Om Decora 9 Square, Nana Mava Road, Nana Mava Road, Rajkot, Gujarat 360005, India.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Sparq Enertech Private Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after such revisions indicates your acceptance of the updated Legal Terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to using the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property: We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purposes only.
Your use of our Services: Subject to your compliance with these Legal Terms (including the "PROHIBITED ACTIVITIES" section below), we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purposes.
Except as expressly permitted herein, no part of the Services and no Content or Marks may be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or exploited for any commercial purpose without our prior written permission.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and update it as necessary;
- You have the legal capacity to agree to these Legal Terms;
- You are not under the age of 13;
- If you are a minor in your jurisdiction, you have parental permission to use the Services;
- You will not use automated or non-human means to access the Services;
- You will not use the Services for any illegal or unauthorized purpose; and
- Your use of the Services will comply with all applicable laws and regulations.
If any information you provide is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all activity under your account. We reserve the right to remove, reclaim, or change a username if we deem it inappropriate.
5. PROHIBITED ACTIVITIES
You may not use the Services for any purpose other than as provided by us. In particular, you agree not to:
- Systematically retrieve data from the Services for unauthorized purposes;
- Trick, defraud, or mislead us or other users;
- Circumvent, disable, or interfere with security features of the Services;
- Disparage or harm our reputation or that of the Services;
- Use information from the Services to harass or harm others;
- Submit false or misleading reports of abuse or misconduct;
- Utilize automated systems (such as scripts, bots, or data mining tools) to access the Services;
- Impersonate another person or use another user’s identity;
- Upload or transmit viruses or other harmful code;
- Interfere with the normal operation of the Services.
6. USER GENERATED CONTRIBUTIONS
The Services may allow you to post, submit, or display content ("Contributions"). By doing so, you agree that:
- Your Contributions are non-confidential and may be viewed by other users and third parties;
- You grant us a worldwide, royalty-free, irrevocable licence to use, reproduce, modify, and distribute your Contributions;
- You represent that you own or have the right to use all content you submit, and that your Contributions do not violate any rights of third parties.
7. CONTRIBUTION LICENCE
By posting Contributions, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide licence to use, copy, reproduce, disclose, publish, broadcast, reformat, translate, distribute, and display such Contributions in any media now known or later developed.
You waive all moral rights in your Contributions and represent that you have the right to grant this licence.
8. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites ("Third-Party Websites") or display third-party content ("Third-Party Content"). We do not control or guarantee the accuracy, appropriateness, or quality of any Third-Party Content. Your interactions with such websites or content are solely between you and the third party.
9. SERVICES MANAGEMENT
We reserve the right to monitor the Services for any violations of these Legal Terms and to take appropriate legal action against anyone who violates the law or these Terms. This includes restricting or disabling your access to the Services.
10. PRIVACY POLICY
We care about your privacy. Please review our Privacy Policy at https://www.sparqenertech.com/privacy/. By using the Services, you agree to our Privacy Policy. Note that the Services are hosted in India, and by using the Services, you consent to the transfer and processing of your data in India.
11. TERM AND TERMINATION
These Legal Terms remain in effect as long as you use the Services. We reserve the right to terminate or suspend your account, remove your content, or deny you access at any time, without notice, for any reason, including for breach of these Terms.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Services at any time without notice. We do not guarantee that the Services will be available at all times and are not liable for any interruptions, delays, or errors.
13. GOVERNING LAW
These Legal Terms shall be governed by and construed in accordance with the laws of India. You and Sparq Enertech Private Limited irrevocably consent to the exclusive jurisdiction of the courts in India in any dispute arising out of or in connection with these Terms.
14. DISPUTE RESOLUTION
Informal Negotiations: Before initiating any formal dispute resolution process, the Parties agree to attempt to resolve any dispute informally for at least thirty (30) days.
Binding Arbitration: Any dispute arising out of or in connection with these Legal Terms shall be resolved by arbitration in accordance with the rules of the International Commercial Arbitration Court under the European Arbitration Chamber. The arbitration will involve three arbitrators, be conducted in English, and take place in Rajkot, India.
Restrictions: To the full extent permitted by law, disputes shall be resolved on an individual basis only. Class actions or representative proceedings are not permitted.
Exceptions: Claims related to intellectual property rights, theft, piracy, invasion of privacy, or for injunctive relief are not subject to this arbitration provision.
15. CORRECTIONS
There may be errors, inaccuracies, or omissions in the information on the Services. We reserve the right to correct these errors and update the information without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, DATA, OR OTHER DAMAGES, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT (IF ANY) YOU HAVE PAID US UPTO TEN THOUSAND INR.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Sparq Enertech Private Limited, its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Services, your Contributions, or your breach of these Legal Terms.
19. USER DATA
We will maintain certain data that you transmit to the Services for managing its performance and for record-keeping purposes. Although we perform regular backups, you are solely responsible for your data. We are not liable for any loss or corruption of data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending emails, and completing online forms constitutes electronic communications. By using the Services, you consent to receive electronic communications from us, and you agree that all such communications satisfy any legal requirement that such communication be in writing.
21. SMS TEXT MESSAGING
Opting Out: If you wish to opt out of receiving SMS messages from us, please contact us at info@sparqenertech.com.
Message and Data Rates: Standard message and data rates may apply, as determined by your mobile carrier.
Support: For assistance regarding SMS communications, please email us at info@sparqenertech.com or call +91 7574079000.
22. MISCELLANEOUS
These Legal Terms, together with any policies or operating rules posted on the Services, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. We may assign our rights and obligations under these Terms at any time without notice, and we are not liable for any delays or failures to perform resulting from causes beyond our control.
23. CONTACT US
For any questions or to resolve a complaint regarding the Services or these Legal Terms, please contact us at:
Sparq Enertech Private Limited
Address: A-605, Om Decora 9 Square, Nana Mava Road,
Rajkot, Gujarat 360005, India
Phone: +91 7574079000
Email: info@sparqenertech.com