Terms and Conditions

SPARSS E-Commerce Platform Terms of Use

(FOR CONSUMERS)

Welcome to SPARSS, your go-to e-commerce platform for a seamless shopping experience. Before you proceed with your purchase, please take a moment to review the following terms and conditions that govern the sale of products on SPARSS. By placing an order with us, you agree to abide by these terms and conditions.

1. Account Responsibility: By using the SPARSS website, you agree to maintain the confidentiality of your account information, including your password. You are responsible for all activities conducted under your account, and you must notify us immediately if you suspect any unauthorized access or usage of your account.

2. Privacy: We value your privacy and handle your personal information in accordance with applicable laws and regulations. By using the SPARSS platform, you consent to our Privacy Policy, which governs the collection, use, and sharing of your data.

3. E-Commerce Platform: SPARSS is an online platform that facilitates the purchase of products listed on the website. While we strive to provide a seamless experience, please note that SPARSS acts as a facilitator, and the contract of sale is strictly between you and the suppliers. SPARSS is not liable for any refunds to the consumer as the refunds shall be governed as per the refund policy of the suppliers. Further, SPARSS is not liable for any dispute/conflict resolution between the consumers and the suppliers.

4. Website Access: We endeavour to maintain uninterrupted access to the SPARSS website; however, interruptions may occur due to maintenance, repairs, or technical issues. We will make reasonable efforts to minimize disruptions and provide advance notice when possible.

5. License for Website Access: Upon compliance with our terms and payment of applicable fees, if any, SPARSS grants you a limited license to access and use the website for personal purposes. This licence does not permit engaging in any form of technical intervention, hacking, or unauthorized changes to website information, including but not limited to tampering with code, altering content, or compromising security measures, without explicit authorization from SPARSS;

6. User Conduct: You agree to use the SPARSS website lawfully and refrain from engaging in fraudulent, unethical or unlawful activities. Any content or communication posted on the platform must adhere to our guidelines and should not violate intellectual property rights or promote objectionable material.

7. Intellectual Property Rights: All content on the SPARSS website, including text, graphics, and logos, is protected by intellectual property laws. You shall not use, reproduce, or distribute any content without our express consent.

8. No Liability: Your use of the SPARSS platform is at your own risk. We do not endorse products or guarantee their quality, accuracy, or legality. We disclaim any liability for actions or omissions of suppliers and do not mediate disputes between users. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. Indemnity and Release: You agree to indemnify and hold harmless SPARSS, including its officers, managers, employees, contractors, agents, sub-affiliates, successors, and assigns, from any losses, damages, liabilities, claims, legal actions, judgments, settlements, costs, or expenses arising from your acts or omissions or any breach of the Agreement. Your obligations will apply regardless of whether the Claim arises in tort, consumer protection, negligence, contract, warranty, strict liability, statute, or otherwise.

10. Children: SPARSS services are intended for individuals who can legally enter into contracts. Minors may only use the platform with parental consent and supervision.

11. Other Businesses: Third-party businesses may operate on the SPARSS platform, but we are not responsible for their offerings or actions. You should review their terms and privacy policies before engaging with them.

12. Communications: By using SPARSS, you consent to receive communications from us via email, SMS, or other modes of communication for transactional or promotional purposes.

13. Limitation of Liability: SPARSS shall not be held liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of revenue, profits, goodwill, use, or data, arising out of or in connection with this agreement, or the service offerings, or any other thing/s.

14. Amendments to Terms: We reserve the right to update our terms and conditions at any time. Your continued use of SPARSS constitutes acceptance of the revised terms.

15. Governing Law and Jurisdiction: If resolution cannot be reached within 30 (thirty) days of the mutual negotiation, parties do hereby agree to get the same be resolved by way of Arbitration as provided under the Arbitration and Conciliation Act, 1996. The arbitration shall be presided by a sole arbitrator, who shall be an advocate. If the parties fail to select an arbitrator, Advocate Madhav Prakash may appoint one. The scope of arbitration shall be all disputes and differences arising of the agreement except the infringement of intellectual property rights. The arbitration proceedings shall be conducted in English. The seat of arbitration shall be at Nanded (Maharashtra) or Delhi. The proceedings may be conducted virtually, if any party so desires. The cost of the arbitration shall be borne by both parties equally. The Parties also agree that the arbitration award shall be final and binding upon them. The Courts of Nanded (Maharashtra) only, shall have exclusive jurisdiction to decide any issue related to arbitration.

16. Contact Information: For inquiries or assistance, please visit SPARSS website.

17. Sanctions and Export Policy: You may not use SPARSS services if you are subject to sanctions or export restrictions. Compliance with applicable export laws is mandatory when using SPARSS.

18. Force Majeure: No Party shall be deemed to be in violation of this Agreement if prevented from performing any obligations by reason of acts of God or other acts of war, flood, storm, strikes, terrorism, epidemics, and the like beyond the control of such Party. No party shall be required to act in violation of law or regulation.

19. Severability: With the passage of time, if any provision or part of this agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction in India, it shall be severed from the agreement without affecting the validity, legality, or enforceability of the remaining provisions. If any future government guidelines make any clause invalid, illegal, or unenforceable, SPARSS shall not be liable and the parties agree for suitable modification in the challenged part of the agreement.

20. No Reverse Engineering: You are prohibited from copying, modifying, reverse engineering, decompiling, or disassembling the SPARSS Software, in whole or in part, or creating derivative works from it. Additionally, you must not encourage, assist, or authorize others to engage in such activities.

21. Miscellaneous:

21.1 Cookies- Cookies are small data files that are stored locally on your computer and which enable us or our service provider/s to tailor your experience in using the Website. Accounts and password information may be stored in cookies. The Website/App uses cookies, and you are deemed to consent to the use of cookies by using the Website. You can turn off the use of cookies in your Web browser.

21.2 Delivery- Delivery terms quoted by us or our other Service Provider/s are subject to confirmation after order and are at times subject to unforeseen delays over which we have no control. The Company whilst making reasonable effort to comply with the quoted date of delivery shall not be liable for any penalty, loss, injury, damage or expenses directly or indirectly consequent upon any delay or failure in delivery or performance by the Company or its agents or servants from any course what so ever nor shall such delay entitle the client to cancel any order or refuse to accept or repudiate any contract for work to be done.

21.3 Order Placement and Acceptance- All orders that you place through our Payment Gateway Service Provider’s Website are deemed to be an offer by you to purchase the products or services that we supply subject to these Terms and are subject to acceptance of the order by us. We may choose not to accept any order without providing a reason.

21.4 Evaluation and Purchase Responsibility- You are presented with a range of choices during the evaluation process. It is your responsibility to ensure that you read and understand the choices before you proceed with any purchase. Please contact us during usual office hours 10:00 a.m. to 5:00 p.m. if you are unsure about anything before you proceed with a purchase. Please note that while we endeavor to respond to inquiries promptly, we cannot guarantee to do so. It remains your responsibility to take advice about the product you intend to order before the order is placed.

                                                             Thank you for shopping with SPARSS. If you have any questions or concerns, please don't hesitate to contact us. Happy shopping !