TERMS AND CONDITIONS   

We're glad to have you here at Dataforge IT Services Private Limited, and its affiliated entities (collectively referred to as "sparkinz"). Our aim is to provide you with a seamless experience while using our website features, products, and services, whether you're browsing sparkinz, making purchases, or utilizing any other sparkinz products, services, websites, or mobile applications (collectively termed as "sparkinz Services"). It's important to note that your interaction with sparkinz Services is governed by these Conditions of Use, which we may update without prior notice. By accessing https://sparkinz.com or engaging with any sparkinz Services, you agree to abide by these Conditions of Use. We encourage you to review them thoroughly. Additionally, certain sparkinz Services may have specific terms and agreements ("Service Terms"), which will supersede these Conditions of Use if any discrepancies arise.  

LICENSE AND ACCESS   

Under the condition that you fully comply with these Conditions of Use and any relevant Service Terms, and fulfill any applicable fees, sparkinz provides you with a limited, non-exclusive, non-transferable, and revocable license to access and utilize the sparkinz Services for personal, non-commercial purposes. Specifically, if you're accessing https://sparkinz.com, it's solely for the purpose of purchasing items for personal use available on sparkinz, and not for any commercial use or on behalf of any third party, unless explicitly permitted by us in advance and at our sole discretion. This license does not include: any resale or commercial use of any sparkinz Service or its contents; collecting or using any product listings, descriptions, images, or prices; creating derivative works based on any sparkinz Service or its contents; downloading, copying, or using account information for the benefit of any third party; or using data mining, robots, or similar data gathering and extraction tools.  

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by sparkinz or its licensors, suppliers, publishers, rightsholders, or other content providers. No sparkinz Service, or any part of any sparkinz Service, may be reproduced, duplicated, sold, visited, or otherwise exploited for any commercial purpose without the express written consent of sparkinz. You are prohibited from framing or using framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of sparkinz without express written consent. Additionally, you may not use any meta tags or any other "hidden text" utilizing sparkinz's name or trademarks without express written consent. sparkinz reserves the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including if we believe that customer conduct violates these Conditions of Use, applicable law, or is detrimental to our interests. In essence, do not misuse sparkinz Services.  

REVIEWS AND COMMENTS  

If permitted by sparkinz, you have the option to share reviews, comments, photos, videos, and other content, provided it aligns with our Community Guidelines and does not violate any laws or infringe upon the rights of others.  

By posting or submitting Content, unless stated otherwise, you grant sparkinz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to utilize, modify, reproduce, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content in any medium. Additionally, you authorize sparkinz and its sublicensees to use the name associated with the Content, if they choose to do so. You affirm that you hold all necessary rights to the Content, it is accurate, and it will not cause harm to any person or entity. Furthermore, you agree to indemnify sparkinz against any claims arising from the Content you provide. While sparkinz reserves the right to monitor, edit, or remove any activity or Content, it is not obligated to do so. sparkinz assumes no liability for any Content posted by you or any third party and may not review all posted Content.  

YOUR ACCOUNT   

Sparkinz Services may require you to have your own account and be logged in to access them. It's your responsibility to keep your account and password confidential and to control access to your account. You agree to take full responsibility for all activities that occur under your account or password. If you suspect any unauthorized use of your password or sparkinz account, you must inform us immediately. We are not obliged to investigate the authorization or source of such access or use of sparkinz Services.  

Sparkinz does not sell products or services to children, but adults are permitted to make purchases using approved payment methods. If you are under 18, you can only use sparkinz Services with the involvement and consent of a parent or guardian. sparkinz reserves the right to refuse service, terminate accounts, revoke your rights to use sparkinz Services, edit or remove content, or cancel orders at its sole discretion.     

COPYRIGHT & TRADEMARKS   

All materials provided in or accessible through any sparkinz Service, including text, graphics, logos, button icons, images, audio, video, and software, are either owned by sparkinz or its content suppliers. The arrangement of this content is the exclusive property of sparkinz and is protected by both India and international copyright laws. Furthermore, graphics, logos, page headers, button icons, scripts, and service names featured in or accessible through any sparkinz Service are trademarks or trade dress of sparkinz in India and other countries. Unauthorized use of our intellectual property is strictly prohibited. Our trademarks, trade dress, and other intellectual property may not be utilized in connection with any product or service not provided by sparkinz, in a manner likely to cause confusion among customers, or in any way that disparages or discredits sparkinz. Any other trademarks appearing in any sparkinz Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by sparkinz. You are not authorized to use any of our trademarks or service marks in meta tags without our explicit prior consent.  

INFRINGEMENT COMPLAINTS   

We value and uphold the intellectual property rights of all individuals. If you suspect that your intellectual property rights are being violated, we encourage you to review and follow our outlined procedures in the Notice and Procedure for Making Claims of Copyright Infringement.  

PRIVACY  

Please take a moment to review our Privacy Notice, which outlines our practices and governs your usage of sparkinz Services. You can access our Privacy Notice here.  

RISK OF LOSS, RETURNS/REFUNDS & TITLE  

The responsibility for loss and title of items purchased from sparkinz transfers to you upon our delivery of the items to the carrier. Conversely, we do not assume title to returned items until they are received at our fulfillment center. We reserve the right to issue refunds at our discretion without requiring a return. In such cases, we do not assume title to the refunded item. It is your responsibility to inspect the contents of your returns before shipping them back to us. We are not liable for any additional items included with your returned items. These additional items may be subject to disposal, and we are not obliged to return them to you. For more details on refunds and returns, please refer to our Shipping & Return Policy.  

PRODUCT DESCRIPTIONS; TYPOGRAPHICAL ERRORS; SITE CONTENT  

sparkinz strives for accuracy, but we cannot guarantee that product descriptions or other content on any sparkinz Service is completely accurate, reliable, current, or free from errors. If a product offered by sparkinz does not match its description, your only recourse is to return it unused and request a refund. Similarly, if any other sparkinz Service does not meet its description, your only recourse is to request a refund for that service.  

In the event that a product or service is listed at an incorrect price or with incorrect information (due to typographical error or misinformation from our suppliers), we reserve the right to refuse or cancel any orders placed for such product or service. This applies regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged and your order is canceled, we will issue a credit to your credit card account for the amount of the charge.  

The content provided on https://sparkinz.com is for informational purposes only. It is your responsibility to consult a licensed physician or qualified healthcare professional for advice, diagnosis, and/or treatment of any health-related condition or before engaging in any physical activity using our products or services. User submissions or opinions expressed on sparkinz Services are solely those of the individual expressing them and may not reflect our views. Product representations on sparkinz are made by the vendor and not by us unless otherwise stated.  

Our websites may feature links or advertisements for other sites owned and operated by third parties. You acknowledge that we are not responsible for the operation or content of any such site, and the inclusion of third-party sites does not imply endorsement by sparkinz.  

TERMINATION AND EFFECT OF TERMINATION   

In addition to any other legal or equitable remedies available, we reserve the right to immediately terminate or revoke any or all permissions granted under these Conditions of Use without prior notice to you. Upon such termination or revocation, you are required to promptly cease all access to and use of all sparkinz Services. Additionally, we may immediately invalidate any password(s) and account identification issued to you, and restrict your access to and use of https://sparkinz.com or any other sparkinz website, either fully or partially. The termination of these Conditions of Use will not affect the rights and obligations (including payment obligations) of the parties that arose prior to the termination date.  

DISCLAIMER AND LIMITATION OF LIABILITY  

Sparkinz Services, along with all information, content, materials, products (including software), and other services provided through sparkinz Services, are offered by sparkinz on an "as is" and "as available" basis unless stated otherwise in writing. sparkinz makes no representations or warranties of any kind, whether express or implied, regarding the operation of sparkinz Services or the information, content, materials, products (including software), or other services provided through sparkinz Services unless specified otherwise in writing. By using sparkinz Services, you expressly agree that you do so at your own risk.  

To the fullest extent permitted by law, sparkinz disclaims all warranties, whether express or implied, including but not limited to warranties of data accuracy, data security, merchantability, and fitness for a particular purpose. https://sparkinz.com may contain inaccuracies, mistakes, or typographical errors, and we do not guarantee uninterrupted or error-free content. sparkinz does not warrant that sparkinz Services, information, content, materials, products (including software), or other services provided through sparkinz Services, sparkinz's servers, or electronic communications sent from sparkinz are free of viruses or other harmful components. To the fullest extent permitted by law, sparkinz will not be liable for any damages arising from the use of any sparkinz Service or from any information, content, materials, products (including software), or other services provided through any sparkinz Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages unless specified otherwise in writing.  

To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the basis for the action) shall not exceed the amount you paid us for the applicable product or service.  

DISPUTES, REMEDIES & APPLICABLE LAW   

Any dispute or claim arising from your use of any sparkinz Service, or from products or services sold or distributed by sparkinz through https://sparkinz.com or any other sparkinz website, will be settled through binding arbitration instead of court proceedings. You agree that the Indian Penal Code Act, applicable federal law, and the laws of India will govern these Conditions of Use and any disputes between you and sparkinz, without regard to conflict of laws principles.  

Arbitration does not involve a judge or jury, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must adhere to the terms of these Conditions of Use.  

Both you and sparkinz agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action. If a claim is brought to court instead of arbitration, both parties waive their right to a jury trial. Additionally, either party may bring a suit in court to prevent infringement or misuse of intellectual property rights.  

MODIFICATION & SEVERABILITY  

We maintain the right to amend our websites, policies, Service Terms, and these Conditions of Use at our discretion, without prior notice to you. If any of these conditions are deemed invalid, void, or unenforceable for any reason, such conditions will be considered separable, and the validity and enforceability of the remaining conditions will not be affected.     
 

CONTACT INFORMATION     
 

If you have any questions, concerns, or complaints about our terms, conditions, or business practices, please don't hesitate to contact us. Reach out using the following contact details:   

We're here to assist you - dataforgeitservicesprivatelimi@gmail.com