Terms and Conditions

Last updated: November 09, 2025

Contact Information

Spark Digital

156 Connaught Place

New Delhi 110001, India

Email: [email protected]

Phone: +91 11 4376 8294

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Spark Digital governing your access to and use of our website, services, and related offerings. By accessing or using our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you do not agree with all provisions of these Terms and Conditions, you must immediately cease using our website and services. Your continued use signifies your acceptance of these terms and any subsequent modifications.

These Terms and Conditions supplement and should be read alongside our Privacy Policy, Cookie Policy, and any other legal notices or agreements provided on our website.

User Obligations and Responsibilities

1 Legal Compliance

You agree to comply with all applicable laws, regulations, and legal requirements when using our services. This includes but is not limited to:

  • Federal, state, and local laws of India
  • International laws where applicable to your use
  • Intellectual property laws and copyright regulations
  • Data protection and privacy regulations
  • Consumer protection laws and advertising standards

2 Prohibited Activities and Behaviors

You expressly agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights of Spark Digital or third parties
  • Transmitting harmful code, viruses, malware, or other destructive elements
  • Attempting to gain unauthorized access to our systems or user accounts
  • Engaging in fraudulent, deceptive, or misleading practices
  • Harassing, threatening, or intimidating other users or our staff
  • Scraping, crawling, or mining data without explicit authorization
  • Creating fake accounts or impersonating others
  • Interfering with or disrupting the operation of our services
  • Using our services to distribute spam, unsolicited communications, or advertisements

3 Content Guidelines and Restrictions

When submitting or sharing content through our services, you must ensure that your content:

  • Is accurate, truthful, and not misleading
  • Does not infringe on any intellectual property rights
  • Does not contain offensive, defamatory, or inappropriate material
  • Complies with applicable advertising and marketing regulations
  • Does not violate privacy rights or data protection laws

4 Age Restrictions and Requirements

Our services are intended for users who are at least 18 years of age. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms and Conditions. We do not knowingly collect information from individuals under 18 without appropriate consent.

5 Indemnification Obligations

You agree to indemnify, defend, and hold harmless Spark Digital, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms and Conditions, your use of our services, or your violation of any rights of third parties.

Liability and Warranties

Disclaimer of Warranties

Spark Digital provides its services on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of information
  • Warranties of uninterrupted, timely, secure, or error-free service
  • Warranties regarding results, outcomes, or specific marketing performance

We make no representations or warranties about the suitability of our services for your specific needs or business objectives.

Limitation of Liability

To the maximum extent permitted by applicable law, Spark Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data, goodwill, or reputation
  • Business interruption or service disruption
  • Cost of procurement of substitute services
  • Any damages arising from use or inability to use our services

In no event shall our total aggregate liability exceed the amount paid by you to Spark Digital in the twelve months preceding the claim, or ₹10,000, whichever is greater.

Consequential Damages Exclusion

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. The limitations and exclusions in this section apply regardless of the legal theory on which a claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

Force Majeure Provisions

Spark Digital shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, pandemics, power failures, internet service disruptions, or other events that cannot reasonably be anticipated or controlled.

Legal Information and Dispute Resolution

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of India, without giving effect to any principles of conflicts of law. The following provisions apply to dispute resolution:

  • Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of New Delhi, India
  • You consent to the personal jurisdiction and venue of these courts
  • You waive any objection to jurisdiction or venue in these courts

Dispute Resolution Procedures

In the event of any dispute, controversy, or claim arising from or relating to these Terms and Conditions or our services:

  • 1. Informal Resolution: The parties shall first attempt to resolve the dispute through good faith negotiations and informal discussions.
  • 2. Mediation: If informal resolution fails within 30 days, the parties may agree to submit the dispute to mediation before a mutually acceptable mediator.
  • 3. Legal Action: If mediation is unsuccessful or declined, either party may pursue legal remedies through the courts specified above.

Severability Clause

If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

Terms Modification Policy

Spark Digital reserves the right to modify, amend, or update these Terms and Conditions at any time. When we make changes:

  • We will update the "Last updated" date at the top of this page
  • Significant changes will be communicated through prominent website notice or email
  • Your continued use after changes constitutes acceptance of the modified terms
  • If you disagree with modifications, you must discontinue use of our services

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements referenced herein, constitute the entire agreement between you and Spark Digital regarding your use of our services. These terms supersede all prior agreements, understandings, representations, and warranties, whether written or oral, relating to the subject matter herein.

Waiver and Rights

No waiver by Spark Digital of any term or condition in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. All rights not expressly granted herein are reserved by Spark Digital.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. Spark Digital may assign or transfer these Terms and our rights and obligations hereunder, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

Additional Provisions

Electronic Communications

By using our services, you consent to receive electronic communications from Spark Digital. These communications may include notices about your account, service updates, and promotional materials. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Language

These Terms and Conditions are prepared in English. If these terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

Survival of Terms

All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Questions or Concerns?

If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please contact us:

Email: [email protected]

Phone: +91 11 4376 8294

Mail: Spark Digital, 156 Connaught Place, New Delhi 110001, India