Terms and Conditions
1. Introduction
Welcome to the website of Spark&Co. These Terms and Conditions ("Terms") govern your access to and use of our website, located at [Website URL].
By accessing or using the Website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Website.
2. Acceptance of Terms
By using our Website, you signify your acceptance of these Terms. If you are using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Services Offered
The Agency provides a range of software development services, including but not limited to custom software development, web application development, mobile app development, UI/UX design, and IT consulting.
The information provided on this Website is for general informational purposes only and does not constitute a binding offer for services. Specific service agreements will be entered into separately.
4. User Obligations
A.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website.
B. You must not use the Website to:
- 1. Engage in any unlawful activity or promote any unlawful acts.
- 2. Transmit any material that is defamatory, offensive, or otherwise objectionable.
- 3. Use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful.
- 4. Conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting) without our express written consent.
- 5. Copy, store, host, transmit, send, use, publish, or distribute material containing spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious software.
- 6. Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
- 7. Interfere with or disrupt the integrity or performance of the Website or the data contained therein.
5. Intellectual Property
A. All content on the Website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Agency or its content suppliers and is protected by international copyright laws.
B. The Agency's trademarks and trade dress may not be used in connection with any product or service that is not the Agency's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Agency.
C. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Agency, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
6. User Submissions License
By submitting any content (including text, images, videos, or other materials) to the Website, you grant the Agency a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Agency for all claims resulting from content you supply.
7. Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.
Please review our Privacy Policy at [Privacy Policy URL] to understand our practices regarding your personal information.
8. No Reliance / Professional Advice
Information on this Website is for general informational purposes only and does not constitute professional, legal, technical, security, or engineering advice.
Decisions made based on this content are at the user’s own risk.
9. Third-Party Links / Tools Disclaimer
We are not responsible for the availability, accuracy, security, or practices of third-party websites or services linked from this Website.
10. Cookie / Tracking / Analytics Notice
The Website may use cookies, analytics tools, and tracking technologies to operate, improve, and secure the Website.
11. Termination / Access Suspension Clause
We may suspend or terminate access to the Website at any time for any reason including violation of these Terms.
12. Entire Agreement Clause
These Terms constitute the entire agreement regarding Website use and supersede prior communications.
13. Availability / Accuracy Disclaimer
While we strive to ensure the Website is available and accurate, we do not guarantee uninterrupted access or that all information is error-free. We reserve the right to modify or discontinue the Website at any time without notice.
14. Disclaimers
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE AGENCY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
15. Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AGENCY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
16. Indemnification
You agree to indemnify, defend, and hold harmless the Agency, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
17. Governing Law
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario for the purpose of litigating all such claims or disputes.
18. Changes to Terms
We reserve the right to make changes to our Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
19. Contact Information
If you have any questions about these Terms, please contact us at:
- • Email: test@test.com
- • Address: Your Company Address
- • Phone: 555-5555