The following are terms of a legal agreement (“Agreement”) between you as an individual and/or as an agent on behalf of another entity/individual (“You”/“Your”) and SparkPay (“SparkPay”). This application is owned and operated by Aishwarya Syndicate Souharda Credit Co-operative Limited (“ASSCCL”), and its usage is being provided to You with on the terms and conditions specified herein as follows.
For the purposes of this Agreement, SparkPay and You shall be individually referred to as “Party” and collectively as “Parties”.
SCOPE AND ACCEPTANCE OF TERMS
- This Agreement is to govern the access and utilisation of the Services (as defined hereinafter) as are made available on the SparkPay mobile application available at Google Play Store and Iphone App Store (“Android and iOS”), for the purpose of defining the rights, obligations and duties of the Parties relating thereto.
- You agree that this Agreement sets forth valid and binding obligations on You and that by the act of being directed to, visiting, registering or utilising the Platform in any manner whatsoever You agree to be bound to the duties, obligations and responsibilities set forth herein and to maintain adherence to the covenants, representations and warranties as are detailed under this Agreement. You further agree that SparkPay may at any point choose to alter, amend or modify the provisions of this Agreement at its sole and absolute discretion without any prior notice necessitated to You.
Scope of License to Use and Intellectual Property Rights
- You agree that the limited license to access and use the Platform granted through the creation of the Account (“License”) is personal, non-exclusive, revocable and non-transferable in nature and that it is granted only to You and that any access or utilisation of the Platform by an entity/person who is not an authorised representative of Yours shall void the License and constitute a violation of this Agreement.
- You understand and agree that all information and files without limitation on the Platform (“Content”) is the proprietary material of SparkPay and that ownership in the same is vested solely and absolutely in SparkPay and that, for the purposes of this Agreement, Content will be deemed to include:
- 1. SparkPay’s trademarks, service marks, product marks, symbols, logos, representative material, website addresses and URLs, trade names, corporate names and all translations, variations, derivative material and combinations of any of the same in addition to all goodwill associated therewith and all applications, registrations and renewals in connection thereto
- 2. All works on the Platform and associated copyrights including moral rights and author’ rights and all applications, registrations and renewals in connection thereto;
- 3. All inventions associated or relating to the Platform in any manner, whether patentable or not, and any and all patents, patent applications, disclosures in lieu of registration of the patents in addition to any renewals relating thereto; and
- 4. Platform software and related documentation, algorithms, data, machine code, source code, programs and the specifications relating thereto; and
- 5. All manner of proprietary rights relating to any data or information on the Platform irrespective of whether such proprietary right is protected or whether it is capable of protection.
- You further understand that the License does not in any manner assign, sell or transfer any right in the Content to You whether by estoppel, implication or otherwise and that SparkPay is the sole and absolute owner of the Content.
- You further agree that You will not undertake any of the following measures or steps in relation to the access and usage of the Content and the Platform:
- 1. Usage of automated systems, such as but not limited to, ‘bots’, ‘scrapers’, ‘spiders’, ‘scripts’ and ‘spam bots’, and any other form of automated software.
- 2. Engage in the practices of “screen scraping”, ‘database scraping’ or any other analogous or similar activity.
- 3. Inject malware into applications and onto devices where it can access data, store keystrokes, and steal screen lock passcodes.
- 4. Copy and/or distribute the whole or any part of the Platform and the Content without SparkPay’s express written consent and authorisation.
- 5. Undertake any activity that has the effect of bypassing the Platform security protocols instituted by SparkPay or which encumbers the Platform in a manner that restricts or hinders access and usage of the Platform in any manner.
- 6. Aggregate, collate, mine, or harvest in any manner any data or other details associated with any account that is registered on the Platform.
- 7. Use any data associated with the Platform for any commercial purpose either directly or indirectly by selling or providing such data to a competitor of SparkPay.
- 8. Alter, modify, port, adapt or translate the Content or Platform in any manner.
- 9. Decompile, reverse-compile, disassemble or attempt to access, construct, inspect or discover any constituent element of the Platform and the Content to obtain the technical know-how, ideas, methods and processes relating thereto.
- 10. Unbundle the Platform and/or Content to gain discrete access to its constituent applications, utilities and components.
- 11. Use the Content in any manner that competes with SparkPay in the provision of its Services or for any purpose that is similar or analogous to SparkPay’s operations and Services.
- You understand and agree that SparkPay may from time to time and without giving any prior notice or intimation, modify, alter, upgrade, suspend or discontinue the Platform for a scheduled or non-scheduled period of time and in such an instance SparkPay is to bear no responsibility or liability in relation to You not being able to access the Platform.
Platform User Policy
- You understand and agree that over the course of the usage of the Platform and availing of the Services You will provide SparkPay access to information and details including but not limited to any Personal Information, payment card details, bank account details and statements, accounts receivable and payable, which SparkPay may use without limitation for the purpose of operationalizing its Platform and providing the Services.
- You will bear sole responsibility and liability in relation to any content, data or information including but not limited to photos, messages, text, music, sounds, video and any questions, comments, suggestions, feedback or other such information that You submit, post, distribute, disseminate, upload, link to or make available on the Platform in any manner without limitation and any communication that You make through the Platform (“Account Data”). You further acknowledge that SparkPay does not attest to the veracity or truthfulness of any Account Data and that You shall bear any and all losses and damage arising to any third-party on account of any Account data with You indemnifying SparkPay in the same respect.
- You will not submit, post, distribute, disseminate upload or make available on the Platform any Account Data which:
- 1. Violates any applicable laws of the Republic of India;
- 2. Gains access to and/or utilises another user’s account registered on the Platform.
- 3.Impersonates any person or entity or misrepresents an affiliation with any person or entity;
- 4. Defames, libel or harasses in any manner any individual or entity;
- 5. Violates the privacy of any other individual accessing or utilising the Platform or third-party through the publication of personally identifiable information including but not limited to names, addresses, credit card numbers and other such forms of information;
- 6. Violating any third-party intellectual property or proprietary right(s);
- 7. Is obscene, lewd, vulgar, profane, offensive or objectionable in any manner, as is to be determined at SparkPay’s sole discretion;
- 8. Is a Trojan, virus, worm or any other form of malicious software which has the effect of sabotaging the security protocols and bypassing the security measures of the Platform instituted by SparkPay or which attempts to gain access to other computer systems and networks that connect to the Platform;
- 10. Linking to an external server that hosts content that is in contravention of the provisions of this Agreement.
- You agree to grant to SparkPay a perpetual, irrevocable, royalty-free, transferable and fully paid worldwide license in respect of the Account Data for the purpose of reproducing, distributing and utilising in any manner the Account Data for any commercial or non-commercial purposes without limitation. You agree that such license will subsist in SparkPay even in the event that You choose to remove any Account Data.
- You understand and agree that SparkPay will have the right but not the obligation to monitor the Account Data and investigate any violation of this Agreement and consequently take any appropriate action in relation to the same.
User Information and Privacy
- You understand and agree that SparkPay may, at its sole and absolute discretion, share any Personal Information or Account Data with any third-party that it engages in pursuance of the provision of the Services with SparkPay not responsible or liable for issuing any notice or intimating you in any manner prior to sharing any Personal Information or Account Data in such manner; provided any such Personal Information or Account Data shall only be shared with third-parties that are obligated to maintain confidentiality in respect of the shared Personal Information and Account Data with SparkPay not responsible or liable in any manner to any extent for any breach of the obligation of confidentiality by the concerned third-party or any damages, losses, claims and all manner of consequences arising from such breach.
- Subsequent to the registration of the Account, SparkPay will make available the Products (as defined hereinafter) and functionalities associated with the Platform in order to enable You to engage as a beneficiary via the Platform (“Services”).
- You agree that SparkPay may at any point in time choose to alter the Services protocols and add or remove any functionality associated with the Platform and Services at its sole and absolute discretion without any prior notice necessitated to You.
- SparkPay’s Platform allows You to choose from a variety of products to utilise vide their Services, and which are to availed of strictly in accordance with their respective Terms of Service (“Products”). The Products are outlined hereinbelow and their respective Terms of Service are available as follows:
||Location of Terms of Service
||Fixed Deposit Account
- You agree that notwithstanding anything stated under this Agreement, SparkPay may alter or modify the variables to be considered in relation thereto in any manner and at its sole discretion without any prior notice or intimation to You. You agree to bear any expenses, duties, costs and charges that might be incurred in availing of any of the Services. You further agree that SparkPay may at its sole and absolute discretion charge You any costs, expenses and charges that it incurs towards the execution of any Services that You avail of through the Platform.
Representations and Warranties
You represent and warrant that:
- You have attained the age of 18 years and are duly authorised and have the power to enter into this Agreement under the applicable laws of the Republic of India and are not subject to any contractual arrangement, judgment or order by a judicial or quasi-judicial authority that is inconsistent with the terms and conditions of this Agreement.
- This Agreement does not contravene any existing law or obligation by which You are bound.
- You have the requisite authorisations, rights, licenses, and capacity under the applicable laws of the Republic of India to use and authorise SparkPay to utilise any Account Data generated by You in the manner provided for under this Agreement.
SparkPay represents and warrants that:
- It has the power and the due authorisations to execute this Agreement;
- This Agreement does not contravene any existing law or obligation by which SparkPay is bound.
- It is not subject to any agreement, judgment or order by a judicial or quasi-judicial authority in the Republic of India that is inconsistent with or adverse to the terms and conditions of this Agreement.
Links to Other websites, Applications and content
- You understand and agree that over the course of the usage of the Platform You may be directed to other websites, or applications (“Third Party Sites”) as well as be exposed to the content on such Third Party Sites (“Third Party Content”).
- You acknowledge and agree that SparkPay does not investigate or monitor the Third Party Sites or Third Party Content and that a link to a Third Party Sites is not to constitute an endorsement of such Third Party Sites by SparkPay with SparkPay not understood to have made any form of representation or warranty, whether express of implied, in relation to the quality, genuineness and any other attribute of the Third Party Sites or Third Party Content.
indemnity and limitation of liability
- You agree to indemnify and hold harmless SparkPay, its officers, directors, employees, customers and agents from any and all direct and indirect punitive, incidental, consequential or special damages, claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from Your usage of the Platform or in relation to You availing the Services through the Platform or from the breach of this Agreement. You further agree that upon such breach by You of this Agreement, SparkPay may exercise any and all remedies that present itself in law and equity including but not limited to issuance of legal notices to You, seeking injunctive relief or compelling specific performance as a remedy of such breach.
- The Parties agree that the Platform and the Services is provided on an “as is” basis without any warranty, whether express or implied, in regard to the merchantability or fitness of the Platform and Services for any specific purpose; Further, You acknowledge and agree that Your usage of the Services is at Your sole risk and liability with SparkPay not guaranteeing or promising any manner of results from the usage of the Platform and availing of the Services by You.
- You agree to indemnify and hold harmless SparkPay for any costs, charges and liabilities arising from any use of the Platform, regarding which details and related information have been addressed through SparkPay’s electronic or mobile communications that You have opted out of receiving.
- You agree that SparkPay does not offer any warranty or representation in relation to the Platform being free of any malicious software and that SparkPay will not bear any responsibility and liability in relation to any breach of security of the system used by You to access the Platform and/or avail the Services.
- You agree that notwithstanding anything stated under this Agreement, SparkPay or its affiliates’ liability in any matter relating to the utilisation of the Platform and/or conduct of the Service will not exceed the total fee paid by You to SparkPay for availing of the Services as has been outlined under the Terms of Service for each of the Products.
- You acknowledge and agree that SparkPay is to not bear any form of liability for any damage or loss caused due to any default of its obligations under this Agreement arising directly or indirectly from a cause affecting the performance by SparkPay of its obligations resulting from acts, events, omissions, happenings or non-happenings beyond its reasonable control, including but not limited to acts of God, riots, war or armed conflict, embargo, acts of terrorism, acts of government, local government or regulatory bodies, fire, flood, storm or earthquake or any internet connectivity failures, computer equipment failures, telecommunication equipment failures and electrical power failures.
Term and termination
- You agree that this Agreement is to be coterminous with and govern each and every instance of any visitation, access and utilisation of the Platform and/or Account and/or any instance availing of the Services by You in any manner whatsoever.
- You acknowledge that SparkPay may, at its sole and absolute discretion, choose to terminate this Agreement and suspend, deactivate or delete the Account without any prior notice to You.
- You may choose to terminate this Agreement at any point in time by exercising the option to deactivate the Account listed on the Platform.
- You agree that upon the termination of this Agreement, the license granted to You under this Agreement to visit, access and utilise the Platform on the terms and conditions as stated herein will be rendered void. You agree that SparkPay will not be liable to any third-party for the termination of this Agreement and the suspension, deactivation or deletion of the Account.
- You agree that irrespective of the termination of this Agreement, the license granted to SparkPay under this Agreement in respect of the Account Data will subsist for perpetuity with SparkPay not being responsible or liable to any extent for returning the Account Data to You or deleting the Account Data.
Applicable law, Jurisdiction and Dispute Resolution
- This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
- Subject to the provisions stated below, the Parties hereby submit to the exclusive jurisdiction of the courts of Bengaluru.
- All disputes arising out of or in relation to this Agreement shall be settled amicably by the Parties within a period of 30 [thirty] days from the date of the first initiation of the dispute. In the event no amicable settlement is arrived at within a period of thirty days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
- The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator appointed by Sparkpay.
- The arbitration proceedings shall be conducted in English language only and the venue for arbitration shall be at Bangalore.
- The award of the arbitral tribunal shall be final and binding on the Parties.
- If any provision or any part of a provision of this Agreement is invalid, unenforceable or prohibited by applicable laws, such provision or part of provision if this Agreement shall be severed from this Agreement and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative between the Parties hereto and shall not be part of the consideration moving between the Parties hereto and the remainder of this Agreement shall be valid and binding and of like effect as though such provision was not included herein.
- You agree that SparkPay may at its sole and absolute discretion choose to assign, delegate or transfer its responsibilities, rights and obligations under this Agreement without any prior intimation or notice required to be made to You.
- You agree that You will not assign, delegate or transfer in any manner Your responsibilities and any other rights or obligations contained in this Agreement to any third-party without the express written consent of SparkPay.
- No failure or delay by Sparkpay in exercising any right, power or privilege hereinunder shall operate as a single, continuous, partial or total waiver thereof with all rights and remedies of Sparkpay being cumulative and not exclusive of any other remedy available under the applicable law.
- This Agreement in conjunction contains the entire understanding between the Parties, superseding all prior communications, agreements, and understandings between the Parties with respect to the purpose of this Agreement.