Terms & Conditions

Last updated on 20-11-2024 16:35:31

These Terms and Conditions, along with privacy policy or other terms (“Terms”) constitute a binding agreement by and between UPSPARK TECHNOLOGIES PRIVATE LIMITED, ( “Website Owner” or “we” or “us” or “our”) and you (“you” or “your”) and relate to your use of our website, goods (as applicable) or services (as applicable) (collectively, “Services”).

By using our website and availing the Services, you agree that you have read and accepted these Terms (including the Privacy Policy). We reserve the right to modify these Terms at any time and without assigning any reason. It is your responsibility to periodically review these Terms to stay informed of updates.

The use of this website or availing of our Services is subject to the following terms of use:

To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of our Services and the websiteis solely at your own risk and discretion.. You are required to independently assess and ensure that the Services meet your requirements.
The contents of the Website and the Services are proprietary to Us and you will not have any authority to claim any intellectual property rights, title, or interest in its contents.
You acknowledge that unauthorized use of the Website or the Services may lead to action against you as per these Terms or applicable laws.
You agree to pay us the charges associated with availing the Services.
You agree not to use the website and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.
You agree and acknowledge that website and the Services may contain links to other third party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third party websites.
You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the us for the Services.
You shall be entitled to claim a refund of the payment made by you in case we are not able to provide the Service. The timelines for such return and refund will be according to the specific Service you have availed or within the time period provided in our policies (as applicable). In case you do not raise a refund claim within the stipulated time, than this would make you ineligible for a refund.
Notwithstanding anything contained in these Terms, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.
These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India.
All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu
All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website.

Notice

By accessing and using upSpark′s website (www.upspark.in) or by downloading materials from upSpark website or using any of the services we offer, you agree to abide by the terms and conditions of use detailed below. If you do not agree to be bound by these terms and conditions of use, please refrain from using upSpark website or our services.

Use Of The Site and our Services

References to “we”, “us” or “our” throughout this Website (‘the Site’) pertains to upSpark which operates the Site.

We reserve the right to modify these terms and conditions from time to time without any prior notice, after which the use of our website will be governed by that revised version. You are hence, recommended to check the terms and conditions on the website regularly. Keep in mind that the use of upSpark’s services is also subject to, and controlled by, the Agreement subscribed to by the User, and the use of the website is also subject to the Privacy Policy notified on the website.

General Terms

upSpark is an IT services company registered and based in India and the project execution(design/development/SEO/SEM activities)of all the projects we undertake will be taken place at our development centers in India. Our normal working hours are from 10 AM to 5 PM, IST, from Monday to Friday. All Sundays and alternative Saturdays (Second & Fourth) will be off for the company. All public holidays in India or in the state of Tamil Nadu will also be holidays for the company.

Use Of The Site

There is no charge imposed by us for accessing the Site but you are liable to pay the cost of the communications link you used to visit the Site. Access to the Site may be suspended, restricted, or terminated at any time. We cannot guarantee that the Site will be error-free and we are not to be held liable for the unavailability of the same. The content of the pages on the website is for general information and use only. It is subject to change without notice. Neither upSpark nor any third party provides any warranty or guarantee to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the website for any particular purpose. upSpark shall not be in any way liable for any inaccuracy, error, defect, or fault related to the information and materials found or offered on the website. Use of any information or materials on the website is entirely at the User’s own risk, for which upSpark shall not be liable. It shall be the User’s own responsibility to ensure that any product, service, or information available through the website meets the User’s requirements. Unauthorized use of the website may give rise to claims for damages and/or it will be a criminal offense punishable under the applicable penal law.

Links to other websites

upSpark makes no representation of any other websites that you may access through upSpark′s website or which may be linked to upSpark′s website. We are not responsible for the privacy practices of other websites linked to the upSpark′s website. Users are required to read the privacy policies or statements of other such websites they visit. Any concern regarding any external link should be directed to the website administrator of the site concerned.

Intellectual Property

All rights related to the Site design, text, graphics, and other content, the selection, and arrangements are licensed to upSpark. The content of this website is protected by international copyright laws and other intellectual property rights. All company names and logos mentioned in this website are the trademarks, service marks, or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the website or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so. upSpark respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by e-mail at hello@upspark.in

Advertising & Sponsorship

The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Site complies with international and national laws. We will not be held responsible for any error or inaccuracy in advertising material.

Confidentiality

We understand the importance of confidentiality to the successful planning, establishment, and running of your business. Therefore, we will not use, divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of any customer, prospective customer, or supplier of upSpark, or any of our international distributors. All of us shall endeavor our best to prevent the publication or disclosure of any confidential information concerning such matters.

Applicability Of Materials

We have done our best to ensure that our website complies with international laws. However, we make no representations that the materials on our website are appropriate or available for use in all international locations. Those who visit our website from other locations do so, on their own initiative and are responsible to comply with all applicable laws. If you use our website, browse it or use any material or content, or services offered through our website violating any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately.

Access To Password Protected Areas

Access to and use of specific areas of this website requiring a password is restricted to authorized users only. These areas are regulated by a legal agreement between upSpark and the user. Unauthorized access will be prosecuted.

User Information

We encourage feedback on how to improve this website. Feedback may be e-mailed to hello@upspark.in Any feedback hence received shall be deemed to be non-confidential and upSpark has the right to use such information in any way we believe to be fit. Users, therefore, agree that any information provided to us shall not contain defamatory, offensive, threatening, obscene, harassing, infringing, or otherwise unlawful material or proprietary material. We shall not be held liable for any such material and we reserve the exclusive right to remove it from the website without liability.

Disabling Devices

If the user wants to post any content on the website, he/she should refrain from uploading any posting or postings which contain any viruses or other contaminating or destructive devices. We strive to ensure that our website is free from any such viruses/ devices or features but we give no warranty to that effect and will accept no liability whatsoever for any loss or damage suffered by the user.

Governing Law

Use of this website and any dispute arising out of its use are subject to the laws of Tamil Nadu in India. Any legal action or proceedings related to or arising out of these Terms and Conditions shall be settled in the courts and/or tribunals in Tamil Nadu in India.