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Terms & Conditions

This document is an electronic record based on the Information Technology Act, 2000 and rules listed therein under as applicable and the amended provisions pertaining to the electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record being generated using a computer system it 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 which require publishing the Rules and regulations, Privacy policy and Terms of Use for access or usage of
 the www.healthsparkle.com website.

 

The domain name www.healthsparkle.com (hereinafter referred to as "Website") is fully owned by Pramod Online Ventures, a LLP firm incorporated under the Companies Act, 1956 with its Registered office at Pune Maharashtra, India (hereinafter referred to as "HealthSparkle"). 

For the purpose of these Terms of Use, wherever the context so requires, "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User or Guest using the computer system. HealthSparkle allows the User to surf the Website or make purchases or transactions without registering on the Website. The term "We", "Us", "Our" shall mean Pramod Online Ventures.


When You use any of the services provided by Us through the above Website, including but not limited to, (e.g. Product Reviews, vendor Reviews), You will be subject to the Rules, guidelines, policies, Terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Usage and shall be considered as part and parcel of this Terms of Usage. HealthSparkle reserves the right, at its sole discretion, to change, modify, edit, add or remove portions or sections of these Terms of Use, at any point of time without any prior written notice. It is Your responsibility to read and review these Terms of Use periodically and carefully for any updates and /or changes. Your continued use of the Website following the posting of changes will mean that You understand, accept and agree to the revisions listed. As long as You comply with these Terms of Use, HealthSparkle grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the said Website for lawful means.


Your use of the Website and services and tools available on the same are governed by the following Terms and Conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to and governed by the policies that are applicable to the Website for such transactions. By mere use of the Website, You shall be contracting with Pramod Online Ventures and these Terms and Conditions including the policies constitute Your binding obligations, with HealthSparkle.
ACCESSING, BROWSING, SURFING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OUTLINED UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly or explicitly accepting these Terms of Use, You also accept and agree to be bound by the HealthSparkle Policies (including but not limited to Privacy Policy available on the Website), as amended from time to time by Us.

Ownership of rights:
Any use of this Website or its contents, including copying or storing data or information from it in whole or partly, other than for your own personal, non-commercial use is prohibited without the explicit permission of HealthSparkle. All information mentioned, displayed, transmitted or carried on the Website is protected by Copyright and other Intellectual Property laws. Copyrights and other Intellectual Property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by HealthSparkle or its licensors or authorized partners. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work, distribute, repost, perform, display, copy or in any way commercially exploit any of the content available on the Website.

Membership Eligibility:
The use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor (i.e. under the legal age of 18 years), you shall not register as a User of the HealthSparkle website and shall not transact on or use the website. As a minor if you wish to use or transact on this website, such use or transaction may be made on the Website by your authorized legal guardian or parents only. If it is brought to HealthSparkle’s notice that the above has been violated and the legal age of the user is less than 18 years, then HealthSparkle reserves the right to terminate or suspend your membership and/or refuse to provide you with access to the Website

Accuracy of Content:
We have taken all the necessary care and precautions to try and provide as much accurate data and information as possible. In the preparation of the content of this Website, we have tried to ensure that all the products are described and explained fairly and the prices quoted are correct at the time of publishing.  All prices are displayed inclusive of VAT. The Services however may be listed exclusive of Service tax as applicable rules for Service Tax may vary with the type and scope of services. Packaging costs also may vary from that shown on the Website. The weights, dimensions and capacities of products displayed are approximate and indicative only. We have made every possible effort to display as the colors of the products that appear on the Website, as accurately as possible. However, the actual colors of the product delivered may vary from the ones seen on the computer monitors from which they were ordered. We cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. All the products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase on our Website constitutes your offer which shall be subject to the Terms and Conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full, at our discretion. Our acceptance of your order will take place upon dispatch of the product(s) ordered. The dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order, at our discretion. No act or omission of HealthSparkle prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order. It is the User’s responsibility to provide accurate and current information and all the personal information entered into the system at the time of registration is deemed to be correct, legal and valid and all the future correspondence with the Website will be directed to the same. 


Your Account and Registration Obligations:
If You use the Website, You shall be responsible for maintaining the confidentiality and privacy of your Display User Name and Password and You shall be responsible for all activities that occur under your User 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 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.

Usage Restrictions:  
You shall not use the Website for any of the following purposes:
> To gain unauthorized access to other computer / network systems.
> To Interfere or obstruct with any other person's use or enjoyment of the Website.

> To disseminate any unlawful, libelous, abusive, threatening, malicious, harmful, vulgar, obscene, pornographic, or otherwise objectionable material.
> To transmit material which encourages conduct that can constitute a criminal offence, results in civil liability or otherwise breaches any prelvant laws, regulations or code of practice or ethics.
> To breach any applicable laws as laid out by the regulatory and statutory bodies.

> To Interfere or disrupt networks or websites connected to the Website.
> To make, transmit or store electronic copies of materials protected by Copyright without the consent of the owner. You are not permitted to host, display, upload, modify, publish, transmit, update or share any information or data on the Website that belongs to another person and to which you do not have any right to.
> To indulge in grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, hateful, or racially/ ethnically objectionable, disparaging, libelous activities which are  invasive to other's privacy, , or activities relating or encouraging money laundering or gambling, or any other unlawful activities in any manner whatsoever
> To misguide or deceive the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;

> To violate any law in force;
> To impersonate other person or persons or organizations.
> To indulge in activities such as software viruses promulgation or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including that of the Website;
> To threaten the unity, integrity, defence, security or sovereignty of India, to hinder friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or actions which results in insulting any other nation or group of nations or organizations or establishments.

> To harm, harass, cheat, deceive or impersonate minors in any way
> To indulge in activities which Infringe any patent, trademark, copyright or other proprietary rights.

You are also prohibited from:
>
 Violating or attempting to violate the integrity or security of the Website or its content in any way.
> Intentionally submitting on the Website any incomplete, false, inaccurate or misleading information.
> Transmitting any information (including job posts, messages and hyperlinks) on or through the Website which is disruptive or competitive to the provision of services by us.
> Framing or hotlinking or deeplinking any content on the Website.

> Copying, duplicating or reproducing in any manner any of the content on the Website or other information available from the Website.

> Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
> Attempting to decipher, decompile, disassemble, decrypt or reverse engineer any part of the Website

> Attempting to copy or replicate any data or information on the Website including its drafted and published set of Policies, Terms of Usage, conditions, restrictions etc.
> Making any unsolicited communications to users of the Website.


Pricing Information:
While we strive to provide accurate product and pricing information to our customers, pricing or typographical errors may occur infrequently. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is priced incorrectly, we may, at our sole discretion, either contact you for further instructions or cancel your order and notify you of such cancellations. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be charged to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be credited back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice. Our promotional offers/discounts are not necessarily site wide and may be limited to selected categories. Coupon codes may not be applicable on specific categories like diapers, baby food etc. or such other product or service as may be determined by us,  at our sole discretion.

Quantity Restrictions:
HealthSparkle reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide the necessary notifications to the customer, should such limits be applied. HealthSparkle also reserves the right, to prohibit sales to anyone, at its sole discretion.

Eligibility to Use:
Use of the Website is available only to persons who can form legally binding contracts under the applicable laws. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated or cancelled by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to
bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with the local laws to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states / Union territories prohibit direct sale of merchandise from other states / Union territories and require special documentation to effect such a sale without dual taxation. I f we receive orders from such states / Union territories or to be delivered to such states / Union territories under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with the local laws to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states / Union territories. Except wherever product specific additional Terms and Conditions are provided, these Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

Indemnity:
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of
information and context). We shall not be liable to any person(s) for any loss or damage which may arise from the use of any of the information contained in any of the materials of products sold on this Website. This User Agreement and any contractual obligation between Us and You will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Pune district. All disputes will be subject to arbitration in Pune in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless HealthSparkle, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or in actions, which may result in any loss or liability to HealthSparkle or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Refusal of Service:
HealthSparkle reserves the right to refuse service to anyone at any time. HealthSparkle reserves the right, at its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, malware or any other technical problem corrupts the security, or proper administration of the service.

Financial Details:
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit / debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring banks and not taken by us. We will not be liable for any credit / debit card fraud whatsoever. The liability for use of a card fraudulently will be entirely on you and the responsibility to 'prove otherwise' shall be exclusively yours. We and our associated acquiring banks or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions in accordance with applicable laws.

Communications:
When you visit the Website or send emails to us, you are communicating with us through an electronic digital medium. You consent to receive communications from us electronically. We will communicate with you via email or by posting notices on the Website. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communications related to your order / request and other site related communications.

Feedbacks, Comments & User Generated Content:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to Us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosures, submissions or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all Copyrights and other Intellectual Properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you may submit for any purpose whatsoever, without restriction and without compensating posted by you in any way whatsoever. We are and shall be under No obligation (a) to maintain any Comments posted in confidence; (b) to pay you any compensation for any Comments posted; or (c) to respond to any Comments posted. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including Copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. Though we do periodically review posted Comments, we do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments posted. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you post. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any Third party.

Privacy Policy:
All the information provided to Us by You, including sensitive personal information, is completely voluntary. You have the right to withdraw your consent at any time, in accordance with the Terms of this User Agreement, but kindly note that withdrawal of consent will not be retroactive. You can access, modify, correct, edit and eliminate the data about you which has been collected pursuant to your decision to become a user of the Website. If you update any of your personal information, we may retain a copy of the information which you had originally provided to us, in our archives. Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive data such as the Internet Protocol (IP) address of your computer (or the Proxy server you used to access the World Wide Web), your computer Operating System, type of web browser you are using, email patterns, as well as the name of your Internet Service Provider (ISP). This information is used to analyze overall trends to help us improve our services. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and for administration purposes. In the course of serving focused advertisements or optimizing services to you, we may allow authorized Third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies. We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper efficient administration. We allow other companies, to serve advertisements to you. These companies include Third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target the ads.

We assume no responsibility, and shall not be liable for any damages to your computer equipment due to malware of viruses that may infect your equipment on account of your access, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website or its services, you are free to discontinue using the Website. This Privacy policy applies to websites and services that are operated and managed by us. We do not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable in any way. Accordingly, we do not make any representations concerning the privacy practices or policies of such Third parties or Terms of use of such websites, nor do we guarantee the accuracy, authenticity, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available and displayed on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website's provider, or the information on the website. We encourage you to read the Privacy policies of that website. The Website may allow you to communicate with other users or to post information to be accessed by others, wherein other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a way. We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with Third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information such as your password, credit card number and bank account number to advertisers and for other marketing and promotional purposes that could be used to personally identify you..

Copyright & Trademark:
We and our suppliers, vendors, partners and licensors expressly reserve all Intellectual Property rights in all text, photos, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any Third party's Intellectual Property rights. All rights, including Copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The “HealthSparkle” name & logo and all related product and service names, design marks and slogans are the trademarks or service marks of HealthSparkle or licensed to HealthSparkle. All other marks are the property of their respective companies and you shall not use, abuse or exploit the same in any manner whatsoever. No trademark or service mark license is granted to You in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of Third parties or hypertext links to Third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the Third party, information, product or service. We are not responsible for the content of any Third party websites and we do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such Third party websites, you may do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively termed as the Contents) are intended solely for personal, non-commercial use only. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All the software used on this Website is the property of HealthSparkle or its suppliers, vendors, partners and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by Third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, assembly, organization, arrangement, and assembly) of all Content on this Website is the exclusive property of HealthSparkle and is also protected by Indian and international copyright laws.

Limitation of Liability and Disclaimers:
The Website is provided without any warranties or guarantees and is in an "As Is" condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, authentic, reputable and of highest quality, we shall not be held liable or responsible in any way should this not be the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under the applicable laws, we or our suppliers, partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, proper or improper use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited only to the amount charged to you, against the value of the products ordered by you. HealthSparkle its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damages, if any, suffered by you on account of the delays, failures, interruptions, or corruptions of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operations of the Website.
 

Termination:
This User Agreement is effective unless and until terminated by either You or Us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to HealthSparkle. Upon any termination of the User Agreement by either You or Us, You must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

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 actually identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under the applicable laws, we and our affiliates shall have no liability whatsoever to You for the Content that may be deemed offensive, indecent, or objectionable to You.

Limitation:

Accessing data not intended for you or logging onto a server or any account which you are not authorized to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security, hack or authentication measures without proper authorization;
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; Sending unsolicited email, including promotions and / or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, the 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 such 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 from HealthSparkle
on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).

 

Governing Law and Jurisdiction:
These Terms of Use and all transactions entered into on or through the Website and the relationship between You and HealthSparkle
shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and HealthSparkle shall be subject to the exclusive jurisdiction of the courts at Pune, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum which are not convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by the law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.


Third Party Content:

General Third party information such as, product catalogues, brochures, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to Third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an “As Is” basis. HealthSparkle may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, authenticity, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. HealthSparkle shall not be held liable for any losses, if any, suffered by You based on Your reliance on or use of such Third Party Content.

 In the event any Third Party Content contains links to third party websites, and You visit any such external links, You agree to do so at your own risk, responsibility and liability. HealthSparkle makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

Entire Agreement:

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to the applicable laws including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue to be in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between You and Us with respect to the Websites/services and it supersedes all prior, dated or current communications and proposals, whether electronic, oral or written, between You and Us with respect to the Website/services. Our failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Contact Us:
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to info
@healthsparkle.com.


About

Health Sparkle is an exclusive health care products online boutique which specializes in products for senior citizens and the differently abled people. 

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