Last Update: 28 March 2024
Spark9 website at www.spark9asia.com (the “Site”), and the Spark9 mobile application (the “Spark9 App”) (collectively, the Site and Spark9 App are the “Platform”).
These Purchases and Subscription Terms are Additional Terms subject to Spark9 (“Spark9”, “we”, “our”, “us”) Terms of Service, and govern any purchases initiated or made via the Platform (“Purchases”), including Purchase of subscriptions (“Subscriptions”), for (i) physical items or merchandise, or (ii) digital currency or other digital content (collectively (ii) as “Digital Content”). Terms not defined in these Purchase and Subscription Terms have the meaning as such terms are defined in the Terms of Service. Other Additional Terms may apply, and you shall be deemed to have accepted them by entering them into Purchase or Subscription.
Entering into a Purchase or Subscription
To enter into a Purchase or Subscription, you must follow the procedure on the Platform. You must have a registered account on the Platform for Digital Content Purchases or Subscriptions. Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. You may only acquire Digital Content in the amount and at times permitted by us in our sole discretion and may only purchase or obtain Digital Content for your personal use within the Platform. All features, content, capabilities, and specifications of Digital Content described or depicted in the Platform are subject to change at any time without notice. Digital Content may be subject to Additional Terms.
Acceptance and Billing
All billing information provided must be truthful and accurate. YOU AGREE THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILISED IN CONNECTION WITH ANY PURCHASE OR SUBSCRIPTION. By entering into a Purchase or Subscription, you grant Spark9 the right to provide such information to external parties to facilitate the completion of Purchases or Subscriptions initiated by you or on your behalf. Providing any false, untruthful or inaccurate information constitutes a breach of this agreement, for which we may cancel your Purchase or Subscription and seek other remedies to the fullest extent permitted by applicable law. When you place an order, it is an offer, and we only accept the offer once we have completed the transaction. Before accepting an order, we may request additional information from you, and we reserve the right to reject Purchases or Subscriptions or to cancel them after acceptance, subject to providing you a full refund for Purchases or a prorated refund for Subscriptions. Spark9 may request a pre-authorisation for some online orders placed online with a credit or debit card. This pre-authorisation will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorisation is held. We do this to ensure that the card details are valid and that you have sufficient funds to complete the transaction. By confirming your order during checkout, you agree to accept and pay for the order. If you make an order, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you make an order, you will do so under the supervision of a legal guardian who agrees to be bound to these Purchases and Subscription Terms on your behalf. Information regarding acceptable payment methods and shipping destinations is provided during checkout. Your order can only be processed with the correct shipping and billing information; we cannot change it after placing it.
Payment Method
By entering into a Purchase or Subscription, you agree that (a) you are authorised to use the designated payment method and (b) you authorise us, or our payment processor, to charge your designated payment method. At our reasonable discretion, we reserve the right to suspend or cancel your Purchase or Subscription if we cannot verify the payment method you designate or if it is invalid or otherwise unacceptable. Only valid payment methods we specify may be used.
Insufficient Funds
If you have insufficient funds to complete a Purchase or Subscription, we may cancel the Purchase or Subscription at our sole discretion.
Pricing
All prices are subject to change without notice. Such changes are applied prospectively and do not apply to your completed past Purchases or Subscriptions, where the entire length of the Subscription has already been paid or where the Subscription has a limited length of time before necessitating a renewal (e.g., a one-year subscription paid in full upfront or a renewable one-year subscription paid every month). For Subscriptions that auto-renew, we will notify you of any price changes before the Subscription autorenews to allow you to cancel before the autorenewal. Some prices may be limited-time promotional discounts. Such limited-time promotional discounts are described when you enter the applicable purchase or subscription. Pricing errors may occur from time to time. All Purchases and Subscriptions must be accompanied by a form of payment. Applicable sales tax will be applied as appropriate. The price charged for a product or service will be effective when the Order is placed. Prices listed do not include taxes or charges for shipping and handling. Sales tax is charged on orders where applicable.
Promotions
We may offer promotions that include Additional Terms that may apply to your order. Please review promotional Additional Terms carefully. If promotional Additional Terms and these Purchase and Subscription Terms conflict, these Purchase and Subscription Terms govern.
Free Trials
We may offer Subscriptions that begin with a free trial period (“Free Trial Period”). We may require you to provide billing information at any point during the Free Trial Period, where at the end of the Free Trial Period, your Subscription cycle will begin and reoccur until you cancel. We reserve the right to modify, cancel, and limit the Free Trial Period without notice at any time.
Subscription Duration and Automatic Renewals
Subscription durations may vary depending on your Subscription cycle preference (e.g., monthly, quarterly, yearly). Your Subscription will automatically renew at the beginning of each Subscription cycle unless you cancel it before the start of the next cycle. To avoid charges to your preferred payment method, you must cancel before a Subscription or Subscription renewal begins. Before your Subscription renews, you will be sent a reminder notice specifying the price (plus processing and any applicable sales tax) and billing terms for the next Subscription cycle, and your preferred payment method will be charged accordingly. Subscriptions can only be assigned to one user at a time; they cannot be shared. Upon expiration of a Subscription, access will be blocked.
Cancellations
To cancel a Subscription renewal, you can go through your online account or profile settings, use the app store payment method, if applicable, or contact us at support@spark9asia.com. You may only cancel a Subscription before a Subscription cycle begins. For example, if you are set to start a yearly Subscription in January, you may cancel the Subscription before January. You may not cancel a Subscription cycle that has already begun and has yet to end. To the fullest extent permitted by applicable law, we may reasonably refuse, terminate, or cancel a Purchase or Subscription, such as for limitations on eligibility requirements, inaccuracies or errors in Spark9-provided services or pricing information, or problems identified by our credit and fraud avoidance partners, with no further obligations to you, even after your receipt of an order confirmation. If your Purchase or Subscription is cancelled after your credit card (or another payment account) has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. Spark9 may contact you at its discretion and as permitted by applicable law for cancellation instructions or cancellation notification and receipt. You agree that you waive any right under law to cancel a Purchase or Subscription of Digital Content when you complete a Purchase or Subscription, as completing a Purchase is your request to have access to the Digital Content as immediately as reasonably possible. You may, however, be eligible for a refund, as described below.
Errors
In the event of an error, whether via the Platform, in a Purchase or Subscription confirmation, in pricing, in processing your order, or otherwise, we reserve the right to correct such error and revise your Purchase or Subscription accordingly or to cancel the Purchase or Subscription and refund any amount received. If your Purchase or Subscription price is less than the price stated, you will be charged the lower amount. If your Purchase or Subscription price is higher than the price stated, you will be contacted for instructions before your order is accepted. If we revise the price of your Purchase or Subscription and you do not agree to the new price, you may seek a refund.
Refunds
Refunds will only be provided after a claim is filed with support@spark9asia.com. Except where refunds may be required under applicable laws or as otherwise permissible by these Purchase and Subscription Terms, Spark9 reserves the right to issue refunds at our sole discretion. Refundable claims include but are not limited to, double charges, errors in pricing, and accidental purchases. If we provide a refund, your payment method will be credited for the returned item(s) within 30 days of confirming such refund. If you cancel a Subscription that charges reoccurring payments to your preferred payment method and you are charged for a Subscription renewal you previously cancelled, we will offer a refund for the renewal amount. You must cancel any Subscription before the end of the Subscription term. Pursuant to the Terms of Service, if Spark9 terminates your Subscription without cause, Spark9 may offer a pro-rata refund subject to your request for a return authorisation.
Digital Content Limited License
Each Purchase and Subscription of Digital Content is a limited, personal, non-assignable, non-exclusive, non-sublicensable, revocable license provided to you where you may access your Digital Content through the registered account used to enter into a Purchase or Subscription for as long as the account is active and available. You acknowledge that we may terminate or suspend your access to the Platform or Digital Content if you contravene these Purchase and Subscription Terms, the Terms of Service, or Additional Terms. We have no liability to you or any third party if you fail to use Digital Content before its termination. You are prohibited from distributing, downloading, creative derivative works of, or otherwise accessing, modifying, or sharing, including reselling, any aspect or content, partially or fully, of Digital Content. You do not own or have any other right or title in or to any Digital Content. Digital Content has no monetary value, and your license to use or access Digital Content cannot be sold, traded, transferred, exchanged, or used outside the Platform.
Digital Content Security and Notification of Unauthorised Use
You agree to maintain reasonable security measures to protect against unauthorised users gaining access to your Digital Content. You will promptly notify Spark9 if you become aware of any unauthorised use of your Digital Content or any violation or threatened violation of Spark9’s intellectual property rights or the intellectual property rights of third parties therein. You agree to cooperate with Spark9 and render such assistance as Spark9 may reasonably request to identify, halt and prevent any violation of such rights.
Modification of Digital Content
To the extent permissible by law, Spark9 reserves the right to reasonably modify Digital Content at any time, including post-Purchase or post-Subscription for any reason whatsoever, including updating, correcting, correcting, or general design modifications.
Changes to these Terms
We may change these Purchase and Subscription Terms, including when there are changes in our services, technology, law and regulation, or other reasons. If we do, we will provide you notice of such changes by posting the updated Terms and changing the “Last Updated” date above, and you agree that is a sufficient form of notifying you of changes. Any changes become effective when posted unless a later date is provided in the posting and apply prospectively after such changes become effective, except that, notwithstanding anything to the contrary, changes addressing new functions of our service or changes made for legal reasons will be effective immediately. If you continue to access or use the Platform to enter into Purchases or Subscriptions after the “Last Updated” date, you will be deemed to have accepted and agreed to such changes. IF YOU DO NOT AGREE TO ANY AMENDMENTS, YOU MUST DISCONTINUE USING SPARK9 SERVICES TO ENTER INTO ANY PURCHASES OR SUBSCRIPTIONS.
Disclaimers
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. Spark9 expressly disclaims all warranties and conditions, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights, or warranties that any Purchases or Subscriptions will be error-free or continuously available. You are responsible for evaluating the accuracy and completeness of all information, opinions and other material contained in Spark9 Services. You acknowledge that you are solely responsible for any interruptions resulting from your computer system, software and connection to the internet. To avoid doubt, nothing in this disclaimer is intended to limit or exclude any warranties, rights, or guarantees implied as a matter of law and which cannot be excluded, modified, or limited by law.
Disputes / Binding Arbitration
Except where prohibited by applicable law, any dispute or claim arising from or relating to these Terms is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability and all other terms in our Terms of Service.
Limited Remedies, Damages Exclusion
As permitted by applicable law and subject to our Terms of Service, Spark9’s total, cumulative liability arising from or in connection with your Purchases and Subscriptions will be limited to the amount you have paid Spark9 for your Purchases and Subscriptions for each Purchase or Subscription that caused such loss. In no event will Spark9 be liable for incidental, consequential, indirect, special or punitive damages or lost revenue, data or profits arising from or in connection with the Purchases and Subscriptions. Nothing in these Terms excludes or limits our liability for any matter in which it would be unlawful to exclude or restrict our liability. We are not responsible for any loss or damage that is not foreseeable. We are not liable for any loss or damage suffered by you as a result of your breach of these Digital Purchase Terms, our Terms of Service, or applicable Additional Terms.
Contact Information
If you have any questions or concerns, please get in touch with us at support@spark9asia.com.
