Terms & Conditions
While Using GoSpark Website/App We Assumed that You Have Read & Agreed to the Following Terms & Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client", "You" and "Your" refers to you, the person accessing this website/App and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to GoSpark or Disrupt, wherein GoSpark is a smart phone IOS/Android APP and also a brand name owned by Disrupt. "Party", "Parties" refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. By becoming a registered user of GoSpark and our affiliate sites, you agree to be contacted by GoSpark and/or Disrupt and our affiliates via communication modes including but not limited to email, SMS, MMS, and telephonic calls.
GoSpark and/or Disrupt reserves the right to refuse access to use the services offered at the App to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
About Our Services
You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
We may use and store information about your location depending on the permissions you have set on your device. We use this information to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your mobile device settings.
Devices And Softwares:
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes:
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.
No information pertaining to payment is shared with us as you pay directly to the vendor.
User is solely responsible for the any required payment and the recharge amount for the services.
Discount or Deals Redemption:
Discount or Deals Redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupons is not the responsibility of GoSpark or Disrupt.
GoSpark and/or Disrupt reserves the right to cancel the order if purchase behavior by the customer is seen to be suspicious or potentially fraudulent use of coupons is not tolerated, and GoSpark and/or Disrupt reserves the right to cancel/and or ban users which are deemed to display such behavior.
All registered users of GoSpark who are using the GoSpark app may receive promotion material from GoSpark or registered partners through in app notification, SMS, MMS or phone call. The offers may be valid only for a limited period as advertised in the promotion materials.
The terms of promotions may change from time to time and are advertised through social media, traditional media or in app media like in app notifications. Users have to refer and understand the promotion mechanics and accordingly use the promotion benefits.
Acceptable Use of Our Services
Our Terms and Policies:
You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use:
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that violate, misappropriate, or infringe the rights of GoSpark, our users, or involve any non-personal use of our Services unless otherwise authorized by us.
Harm to GoSpark or Our Users:
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract Deals from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure:
You are responsible for keeping your device and your GoSpark account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
GoSpark does not claim ownership of the information that you submit for your GoSpark account or through our Services. You must have the necessary rights to such information that you submit for your GoSpark account or through our Services and the right to grant the rights and licenses in our Terms.
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.
Your License to GoSpark:
In order to operate and provide our Services, you grant GoSpark a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services.
The rights you grant in this license are for the limited purpose of operating and providing our Services.
GoSpark’s License to You:
We grant you a limited, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting Third Party Copyright, Trademark & Other Intellectual Property Infringements:
To report claims of third-party copyright, trademark, or other intellectual property infringement, please check our Intellectual Property Policy. We may terminate your GoSpark account if you repeatedly infringe the intellectual property rights of others.
You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “GoSpark parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. you waive any rights you may have under any applicable statute or law of any jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Exclusions and Limitations:
The information on this app is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this Website/App and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website/App and/or the Company's literature; and excludes all liability for damages arising out of or in connection with your use of this Website/App. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. All transactions on the GoSpark App, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of GoSpark or its representatives, in which event the user agrees that the user shall only be entitled to a refund of the amount actually paid by the user and actually received by GoSpark and/or Disrupt with respect to the charges for the service by the user.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if GoSpark and/or Disrupt has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, GoSpark and/or Disrupt liability in such jurisdictions shall be limited to the extent of the amount actually paid for by any user while availing any of the services on the GoSpark Website/App.
You agree to defend, indemnify, and hold harmless the GoSpark Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
Forum and Venue:
If you are a GoSpark user you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the Islamic Republic of Pakistan and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
The laws of the Islamic Republic of Pakistan govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between GoSpark and you, without regard to conflict of law provisions.
Availability & Termination of Our Services
Availability of Our Services:
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with GoSpark: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision.”
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding GoSpark and our Services, and supersede any prior agreements.
- We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
- Any amendment to or waiver of our Terms requires our express consent.
- We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Nothing in our Terms will prevent us from complying with the law.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
- We always appreciate your feedback or other suggestions about GoSpark and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).