Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.techspark.co.in website. Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Techspark, its franchisor, affiliates and partners.

Introduction

www.techspark.co.in website (“Website”) is an Internet based content portal operated by Techspark, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.techspark.co.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

Account, Registration & Security

We are not registering or signing any end-users as of now.  but, if by any means a user is registered then, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of www.techspark.co.in Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Communications

You hereby expressly agree to receive communications by way of SMS, e-mails from  Techspark relating to Services provided through the Website. If we do provide a newsletter, a User can unsubscribe/opt-out from receiving communications from Techspark Newsletters sent timely at the registered email address, by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

Product Descriptions

Techspark attempts to be as accurate as possible. However, Techspark does not warrant that product descriptions or other content of any of Techspark Service is accurate, complete, reliable, current, or error-free. If a product offered by Techspark itself is not as described, your sole remedy is to negotiate it with the buyer from where you bought.

Pricing

Except where noted otherwise, the List Price displayed for products on any of Techspark Service represents the full retail price listed on the product itself estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. Every merchant may follow different policies in the event of a mispriced item. They generally do not charge your credit card until after your order has entered the shipping process.

Cancellations

We do not sell products/services, hence do not offer any cancellation. Please refer to merchant policies for products bought from other merchants.

Final Decision

Any decision taken by Techspark in respect of cancellation of an order shall be final and binding on you. You hereby agree to not dispute the decision made by Techspark and accept the decision regarding such cancellation.

Shipping

We do not sell products/services, hence do not offer any shipping. Please refer to merchant policies for products bought from other merchants.

Credit/ Debit Card Details

We do not sell products/services, hence do not take any payment details. Please refer to merchant policies for products bought from other merchants.

For any reason , if we need to take credit/debit card details, you agree, understand and confirm that the credit/debit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use a credit/debit card, which is not lawfully owned by you, i.e. in a credit/debit card transaction, you must use your own credit/debit card. You further agree and undertake to provide the correct and valid credit/debit card details on the Website. Further, the said information will not be utilized and shared by the Website with any of the third parties unless required for fraud verifications or by law, regulation or court order. Techspark will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
We, as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.

Legal Proceedings

In case of any damage to the repute of the Techspark via this website, Techspark reserves the right to recover the charges and lawyers’ fees from persons’ using the Website fraudulently. Techspark reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions.

Electronic Communications

When you visit the Website, talk to our customer care or send e-mail(s) to us, you are communicating with us electronically or telephonically. You consent to receive communications from us electronically or telephonically. We can communicate with you by e-mail, telephone, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or telephonically satisfy any legal requirement that such communications be in writing.

You Agree and Confirm

1. That in the event that a non-delivery or faulty product event occurs from a product bought for any of our merchant, Techspark will not be held responsible in any case.
2. Any complaints for a product bought from our merchant should be registered directly to that merchant. Techspark will not be able to help in such complaints.

3. That you will use the services provided by Techspark, its affiliates, consultants, merchants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and/ or transacting on the Website.
4. If required, you will provide authentic and true information in all instances where such information is requested of you. Techspark reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found untrue (wholly or partly), Techspark shall have the right in its sole discretion to reject the registration and debar you from using the services of the Website and / or other affiliated Websites without any prior intimation whatsoever.
5. That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.

Prohibited Use

You shall not use the Website for any of the following purposes:

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any applicable laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Website.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or websites connected to the Website.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colours

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Modification of Terms & Conditions

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Governing Law

Any dispute arising in connection to or with regard to the use of the website by the Registered Sellers/Vendors will be dealt with as per specific terms agreed upon through specific and separate Vendor Agreements, and the terms of such Vendor Agreements shall prevail. All disputes, whether with Sellers/Vendors and/or Buyers using the website, would be dealt with under the Indian laws and the Courts at Mumbai, India shall have the exclusive jurisdiction to adjudicate upon such disputes. All terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto.

Product Review Guidelines

Brisk and effective content: It is advisable that the content of the review is honest, simple, to-the-point and helpful in the interest of future buyers of the same product. Keep in mind that your review is based on your personal experience of your product choice, timing of the order and demographic contours. It is important that you set a clear and realistic picture in your review for other future buyers to follow suit.

Content of the review: The review section in essence is limited to only issues with respect to the product like the quality, comfort level, colour, size etc. Please note that reviews written with irrelevant content referring to another product or company will not be published. Moreover, reviews in incomprehensible language, HTML content, promotional campaigns, abusive or defamatory language will not be published.

Other reviews/queries: In case you want to give us a shout-out on our services like delivery, return, refund, promotional offers, and discount coupons and so on, you can shoot us an email at info@techspark.co.in.

Feedback and Information

Any feedback you provide to this Website shall be deemed to be non-confidential. Techspark shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Techspark is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Techspark may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Techspark for the feedback under any circumstances.

Intellectual Property Rights

1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Techspark and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. 2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Techspark or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Techspark, the vendor or the third party that may own the Marks. 3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Techspark owns all intellectual property rights to and into the trademark “Techspark”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. 4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Techspark or thirty party owner of such Content.

Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Techspark and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You shall indemnify and hold harmless Techspark, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Disclaimer of Warranties and Limitation of Liability

Techspark Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the www.techspark.co.in services are provided by Techspark on an “as is” and “as available” basis, unless otherwise specified in writing. Techspark makes no representations or warranties of any kind, express or implied, as to the operation of the www.techspark.co.in services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the www.techspark.co.in services, unless otherwise specified in writing. You expressly agree that your use of the www.techspark.co.in services is at your sole risk.

To the full extent permissible by applicable law, Techspark disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Techspark does not warrant that Techspark services, information, content, materials, products (including software) or other services included on or otherwise made available to you through Techspark services, Techspark servers or electronic communications sent from Techspark are free of viruses or other harmful components. Techspark will not be liable for any damages of any kind arising from the use of any Techspark service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any of Techspark service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the system or network security may result in civil or criminal liability. Techspark will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google Chrome, Mozilla Firefox).

Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Techspark with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Website with respect to the Website/services.