1. Background

Spark is a mobile application and website www.sparkapp.ae (the Platform) made available to you by SPARK DIGITAL COMPLEX – SOLE PROPRIETORSHIP LLC incorporated and registered in the United Arab Emirates with company number 94339 whose registered address is at 05A HD, 01, In5 Tech, Dubai, United Arab Emirates (referred to in these terms and conditions (Terms and Conditions) as ‘we’, ‘us’ and ‘our’).

When we refer to ‘you’ and ‘your’, we mean where the context indicates anyone who uses and accesses the Platform.

These Terms and Conditions, and all other terms and conditions and documents referred to herein govern the conditions on which you are entitled to access and use the Platform. Please take the time to read them carefully.

By accessing and continuing to use the Platform, you will be deemed to agree to these Terms and Conditions and shall be bound by them. If you do not agree to these Terms & Conditions, then you must stop using or accessing the Platform immediately.

We reserve the right to modify or amend these Terms and Conditions from time to time. You should check these Terms and Conditions each time you access the Platform to ensure that you are aware of and are complying with the current version. Changes are binding on users of the Platform and will take effect immediately from posting of the revised documentation on the Platform.

2. Privacy and Data Protection

We take your privacy seriously. To find out more about how we handle your personal information please see our Privacy Policy (Privacy Policy). By accessing and/or using the Platform, you are agreeing that we can process your information in the ways set out in our Privacy Policy.

3. The Platform

The Platform provides valet parking customers a seamless, convenient, and hassle-free means of using valet services, including by making in app payments, pre-requesting vehicles and engaging other third party service providers.

We reserve the right to modify or discontinue the Platform at any time and without notice to you.

Furthermore, you accept that Platform unavailability may occur in order to allow for improvements, scheduled maintenance or may also be due to outside factors beyond our control.

4. Account Registration and Use

In order to access and use the Platform, you must:

• be legally permitted to drive the vehicle(s) associated with your Account;
• have a payment card in your own name linked to your Account;
• provide any other information reasonably requested from us as part of your verification process; and
• have a user account (Account).

You can set-up your Account by following the process notified by us from time to time. You acknowledge that you will not be able to fully use the Platform until your Account has been activated and your complete details have been uploaded. We have the right to reject the creation or activation of an Account for any reason.

You will be solely responsible for maintaining the confidentiality and security of your Account details. You may not share, assign, or permit the use of your Account or password with another person. You agree to notify us immediately if you become aware of any unauthorized use of your Account or password.

You are responsible for all use and all activities that occur under your Account(s) and will be considered authorised by you, and that you solely bear the responsibility for the consequences of the misuse of your Account.

We may limit, suspend, cancel, deactivate or withdraw your Account at any time, without prior notice, for breach of these Terms, or for any reason in our sole discretion.

5. Valet Services

All valet services (Valet Services) and any other services facilitated through the Platform are made pursuant to a contract with the relevant valet company (Valet Company) or third party and we act as agent and platform provider only in such transactions. This means that all responsibility for (and risk of loss or damage to) your vehicle is borne entirely by the Valet Company, or the relevant third party and we shall not be liable for any (as applicable) loss, or damage to you, your vehicle or any of your possessions.

6. Fees

All fees payable for using the Platform and the Valet Services (Fees) will be clearly communicated to you at the time of the relevant transaction.

Once you have paid the Fees, they are non-refundable.

We reserve the right to change our Fees from time to time, and all changes will be communicated on the Platform.

Additional penalty charges may apply if you are late collecting or fail to collect your vehicle.

7. Cancellations, Refunds and Account Closure

You are able to close your Account at any time by contacting us at [hello@sparkapp.ae].

Please note, once you have made a transaction on the Platform (including topping up your Account balance) this is non-cancellable and non-refundable.

8. User Generated Content

By posting or displaying any information, reviews or other content on the Platform (Content), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to us to use the Content in any form, media, or technology in any manner and for any purpose.

When you post comments or reviews on the Platform, you also grant us the right to use your username, in connection with such review, comment, or other content.

You shall not use or provide any false information to us, pretend to be someone other than yourself or otherwise mislead us or third parties in any Content.

We may, but shall not be obligated to, remove or edit any Content provided by you.

You will not attempt to hold us liable for any inaccuracies or defects in any Content.

You represent, warrant and agree that any Content that you submit, post or display on the Platform:

• does not otherwise violate any of the copyright, patent, trademark, trade name, trade secrets or any rights of any third party;
• is true, accurate, complete and complies with all relevant laws;
• does not contain:
• information that is discriminatory or promotes discrimination;
• information that is defamatory, threatening, harassing, obscene, explicit, offensive, or otherwise objectionable, or that may be considered culturally or religiously offensive in any way;
• anything which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;
• information that may threaten national security;
• content or items which may constitute or be considered to promote gambling;
• references to financial instruments of any description;
• any weapons of any description;
• any liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines; or
• any items that are defective, fake, damaged, false or misleading.

Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

9. Your Responsibilities

You represent, warrant and agree that:

• you have full power and authority to enter into these Terms and Conditions, and have full power to execute and perform your obligations under these Terms and Conditions;
• you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations;
• you own or have the authority to grant the rights and licenses granted to us by you under these Terms and Conditions;
• any content you submit as part of your use of the Platform does not violate the rights of any third party anywhere in the world including, without limitation, any intellectual property rights (whether registered or not);
• the documents and information submitted during the Account registration process are true, accurate, current and complete, and you will maintain and update all information as applicable;
• you are solely responsible for obtaining all required licenses, permits and certifications for the Content that you submit, post or display on the Platform;
• you require an internet connection to be able to use the Platform and contact/receive contact from us.

Furthermore you represent, warrant and agree that you will not:

• use the Platform to defraud any person or entity;
• impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
• manipulate feedback through multiple user accounts or third parties by leaving positive feedback for yourself or unjustified negative feedback for another user;
• copy, reproduce, download, republish, sell or distribute any information, text, images, graphics, video clips, sound, directories, files, databases or listings, available on or through the Platform for any purpose;
• engage in spamming, phishing or spreading viruses;
• engage in any activity that would create liability for us;
• use the Platform solely to collect information about other users.

We have the right to suspend or terminate any Account, if there is a violation or suspected violation of these Terms and Conditions.

10. Payment

By purchasing services on the Platform using online payment, you authorise our third-party payment processer to process your credit/debit card details for the amount of your order. In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result. For the avoidance of doubt, we do not store or collect your card information.Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

We may remove or add cards or other payment methods that we accept at any time without prior notice to you. Visa or MasterCard debit and credit cards in AED will be accepted for payment.

We shall have the right to refuse or cancel any payments whether or not confirmed and your credit/debit card charged. Cardholder must retain a copy of transaction records and Merchant policies and rules.

11. Third-Party Sites or Services

We may give you access to third-party sites or services through hyperlinks, API or other means on the Platform. We have no control over and do not monitor such third-party sites and we will not be liable to you for the content of these sites or your use of them.

We may present you with other third-party services on the Platform from time to time. These services will be subject to a separate agreement between you and the service provider. We will not be liable to you for the use of such services, or for any failures on the part of these service providers.

Creating a link to our Platform is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

12. Intellectual property

You agree that all intellectual property rights and database rights, whether registered or unregistered, in the Platform and any associated software (Software), information on the Platform and Software and the design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorized use of the material and content of the Platform or the Software is strictly prohibited, and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

13. Our Liability

Nothing in these Terms and Conditions shall limit or exclude a party’s liability:

• for fraud, including fraudulent misrepresentation, perpetrated by that party;
• for death or personal injury caused by the negligence of that party; or
• for any other liability that cannot be limited or excluded under applicable law.

We verify that each Valet Company and third-party service provider is a licensed business when it signs up to use the Platform. However, we do not control the quality, legality, safety, or availability of the Valet Services or any other third party services and to the extent permitted by law we disclaim all liability in relation to any purchases made on our Platform.

The Platform is provided “as is” without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Platform and services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.

We shall not be liable to pay any consequential, indirect, punitive or incidental damages (including but not limited to damages for loss of profits or savings, business interruption or loss of information) arising out of or in connect with these Terms and Conditions, even if we had been advised of the possibility of such damages.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

• the Content or other information you provide when using the Platform;
• your use of or your inability to use the Platform;
• delays or disruptions in our services or the Platform;
• viruses or other malicious software obtained by accessing or linking to our Platform;
• bugs, errors or inaccuracies of any kind in our Platform;
• the content, actions or inactions of third parties using our Platform, or providing services to you (including but not limited to Valet Companies);
• a suspension or other action taken by us with respect to your use of the Platform;and
• unsatisfactory or delayed performance of a Valet Company or a third party.

Subject to the above, our total liability to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms and Conditions shall not exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability.

We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.

14. Indemnity

If a dispute arises between users of the Platform, in particular between a you and a Valet Company, or any third party service provider, you agree to release us (and our affiliated companies and each of their respective officers, directors, employees, agents, representatives and service providers) (Platform Parties) from all claims, demands, damages (actual or consequential) of any kind whatsoever arising out of or in any way connected with such dispute.

You agree to defend, indemnify and hold harmless the Platform Parties from any and all losses, claims and liabilities (including legal costs) which may result from your:

• breach of these Terms and Conditions;
• use of the Platform, or the services provided on the Platform;
• violation of any applicable laws; or
• infringement of any third-party intellectual property rights, or if your Content is slanderous, defamatory, obscene or violates any other rights of any third party or these Terms and Conditions.

15. Cooperation with Authorities

We have the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and policies, we may disclose a user’s identity and contact information regarding a user’s account, transactions or activities carried on the Platform. We will not be liable for damages due to such disclosure, and you agree not to bring any claim against us for the disclosure.

16. General Terms

• Governing Law– these Terms and Conditions and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai.
• Dispute Resolution– If you have an issue with the Platform or our services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or claims arising out of or in connection with these Terms and Conditions, including any non-contractual rights or obligations shall be referred to and finally resolved by the Dubai courts.
• Communication – you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
• Assignment– assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
• Entire Agreement– these Terms and Conditions represent the entire agreement between us overriding any prior written or verbal agreements that may have been made.
• Relationship between the Parties– these Terms and Conditions do not create an agency, partnership, joint venture, employment or franchise relationship between you and us.
• Severability– If any clause of these Terms and Conditions is considered to be invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.
• Waiver – if we do not enforce our rights or act against any breach by you under these Terms and Conditions, it does not mean that we are waiving our rights to enforce actions against you in the future.
• Force Majeure – neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes or a pandemic, epidemic or disease impacting the Party claiming to have been impacted by the relevant force majeure event).
• Survival – all provisions that either expressly or by their nature survive, will survive suspension or termination of your Account.
• Third Party Rights –A person who is not a party to these Terms and Conditions has no right to enforce any of its terms.

If you have any questions regarding these Terms and Conditions, please Contact Us.