Ajax loader

Terms of Use

This TERMS OF USE (“Agreement”) is between you (hereinafter referred to as “you” or “your”) [the term ‘you’ or ‘yours’ when used in this Agreement includes the Customer (defined below) and the Service Provider (defined below)] and Avasdigitech International Private Limited (hereinafter referred to as “we”, “our” or “us”) and governs your access to and use of our platform, Service (defined below) (whether through the website itself or through such other media or media channels, devices, software, or technologies as we may introduce/launch from time to time), applications and/or websites (including the webpages contained or hyperlinked therein and owned or controlled by us) (“Platforms”). Certain features of our Platforms and/or Services may be subject to additional guidelines, terms, conditions or rules (“Usage Conditions”), which will be posted on our Platforms and/or Services and are incorporated by reference into this Agreement or are separately entered by way of a written agreement between you and us.


The Platforms are owned and/or operated by us and we reserve the right to modify or discontinue, temporarily or permanently, and at any time, the Platforms and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platforms and/or Services.

Please note that we may modify this Agreement from time to time, and any change to this Agreement will be reflected on our applicable Platforms and/or Services, and you agree to be bound to any such changes to this Agreement when you use our Platforms or Services. Your use of our Platforms and/or Services following the posting of changes will mean that you accept and agree to all such changes. We may also, in our sole and absolute discretion, choose to alert you about any change in the terms of this Agreement by sending an email to the email address provided to us by you. It is therefore important that you regularly review the updated versions of the Agreement and keep your contact information current in your account settings to ensure that you are informed of any such changes. Modifications to this Agreement shall be effective immediately after being posted on our Platforms or Services. Also, occasionally there may be information on our Platforms or Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and we reserve the right to correct any such errors, inaccuracies or omissions and to change or update such information at any time, without prior notice.

As part of our Platforms and/or Services, you may from time to time receive updates/upgrades to our Platforms and/or Services from us which may be automatically downloaded and installed to your device/systems or reflected on our websites. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of our Platforms and/or Services. You agree that we may automatically deliver such updates to you as part of our Platforms and/or Services and you shall receive and install them as required for continuous services.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of the Services.

  1. Our Platform and/or Services
    1. We are service aggregators and through our Platform we enable customers like you (“Customers”) to post business, technical, engineering, scientific, logistical, manufacturing, or Social problems and to offer a payment amount (“Award”), seeking solutions (“Services”) of participating service providers (“Service Providers”), under agreement with us. Our Platform is a problem solving platform only and neither us not our Platform controls the nature, quality, timing of the Service Providers to solve the challenges posted on the Platform. We may also enter into terms, conditions, agreements which will contain specific description of the challenges with you and the terms of such agreements, conditions, terms if contrary to the terms of this Agreement will override this Agreement and be supplementary to this Agreement.
    2. On receiving the challenge statement from you on our Platform, the challenge will be posted on our Platform. We will endeavor to update the Platform on a real-time basis and display the challenge statement, comments and the Award description, however we do not guarantee that the postings on the Platform will be current at all times.
    3. The Service Providers have entered into agreements/arrangements with us for the purpose of providing the service on our Platform to you and to participate in the challenges posted by you. These agreements/arrangements will be supplementary to this Agreement and if contradictory will override this Agreement. We, including our Platforms and/or Services, do not in any way verify the credentials or representations of any of the Service Providers, the service levels or the quality of any their products or services offered by the Service Provider, or the Service Provider’s compliance with applicable laws. The Service Providers may be required to register on our Platform to use our Services.
    4. We, including our Platforms and/or Services, do not in any way guarantee the quality of any Service Provider or any compliance thereof with applicable laws. In addition, a Service Provider may represent certain standards with respect to their services; we do not investigate or verify any such representations. We shall not be liable or responsible for any services, offered by the Service Providers or any errors or misrepresentations made by them (including on or through our Platforms and/or Services).
    5. The challenges posted by you will be public information and may be similar to the challenges posted by other users on the Platform. We do not give any assurances or guarantee genuineness of challenges or content posted on out Platform.
  2. Terms of Use
    1. By using the Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS OF USE BELOW, DO NOT CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICES. You expressly represent and warrant that you will not avail the Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF THE PLATFORM AND ITS SERVICES MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
    2. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
      1. the Indian Contract Act, 1872,
      2. the (Indian) Information Technology Act, 2000 and
      3. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
    3. Membership and Fees:

      Use of the Platform is available only to persons who can form legally binding contracts under 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 Platform. If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a user of the Platform and shall not transact on or use the Website. As a minor if you wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents on the Platform. We reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years. The use of our Services shall be subject to the fee and payment terms as agreed by you and us and subject to the terms of agreement between us and you.

    4. Account Registration:

      If you use the Platform, you shall be responsible for maintaining the confidentiality of your display name and password. You shall be responsible for all the activities that occur under your display 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 the Agreement, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with access to the Platform.

  3. Scope of Agreement
    1. This Agreement and any other agreement with you will be construed as master agreement which governs the Services that are offered by us to you. The contents of the Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Services (collectively, "Service Content"), are the properties of us and are protected under copyright, trademark and other laws. You shall not modify the Service Content or reproduce, display, publicly perform, distribute, or otherwise use the Service Content in any way for any public or commercial purpose or for personal gain.
    2. You may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Service to any third party. You are solely responsible for the way anyone you have authorized to use the Services and for ensuring that you comply with this Agreement. Any violation of this Agreement by you shall be deemed to be a violation thereof by you.
    3. Multiple users are not permitted to share the same/single log-in.
    4. You agree that any information you give to us will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Service be shall be registered in your name and you might be asked to provide supporting documents to prove the same.
    5. You agree that you will not use the Services provided by us for any unauthorized and unlawful purpose. You will not impersonate another person.
    6. You agree to use the Services only for purposes that are permitted by (a) this Agreement or any other agreement between you and us; and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
    7. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate agreement with us.
    8. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    9. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
    10. You shall indemnify us for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by us as a result of your breach under any applicable law.
    11. You expressly acknowledge and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available” basis.
    12. You agree that this Agreement and our Services are subject to any modification or be removed by us with change in government regulations, policies and local laws as applicable.
    13. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Services.
  4. Payment
    1. The terms for payment for availing the Services and payment of Award will be on terms entered into by an agreement between you and us.
    2. The decision to accept the solution posted by the Service Provider is at your discretion. We will assume no liability for assuring payment of Award to the Service Provider.
  5. Collection, Use, Storage and Transfer of Personal Information
    1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy (“Policy”).
    2. The Policy sets out:
      1. The type of information collected from you, including sensitive personal data or information;
      2. The purpose, means and modes of usage of such information; and
      3. How and to whom we will disclose such information.
    3. You are expected to read and understand the Policy, so as to ensure that he or she has the knowledge of:
      1. the fact that the information is being collected;
      2. the purpose for which the information is being collected;
      3. the intended recipients of the information;
      4. the name and address of the agency that is collecting the information and the agency that will retain the information; and
      5. the various rights available to you in respect of such information.
    4. We will be responsible for obtaining explicit consent from you before storing your information in the software.
    5. We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by you to us or any other person acting on behalf of us.
    6. The use of the Services involves every user’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Policy. The other information collected by us from you as part of the registration process is described in the Policy. The consent and revocation procedures in relation to the same are set out in the Policy.
    7. You are responsible for maintaining the confidentiality of your log-in account access information and password. You will be responsible for all usage of your log-in or password, whether or not authorized by you. You will immediately notify us of any actual or suspected unauthorized use of your log-in or password. Although we will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to us or any others parties due to such unauthorized use.
    8. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to discontinue the Services to you at our sole discretion.
    9. We may, at our discretion, use information stored in our Services from time to time for the purposes of debugging customer support related issues.
    10. We collect and use your personal and demographics information in ways as stated in Policy that can be found at https://www.sparkinov.com/. We intend to seek your permission to use any of your personal data for any purpose not specified herein or in the Policy. Any information provided by you may be retained by us and used at our discretion after termination of this Agreement and thereupon the terms of Policy of https://www.sparkinov.com/ shall be applicable to such information.
  6. Covenants
    1. As mandated by Regulation 3(2) of the IG Rules, we hereby informs you that you not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
      1. belongs to another person and to which you do not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous-, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. harm minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonate another person;
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    2. You are also prohibited from:
      1. violating or attempting to violate the integrity or security of the Service or any of our software;
      2. transmitting any information (including messages and hyperlinks) on or through the Services that is disruptive or competitive to the provision of Services by us;
      3. intentionally submitting on the Services any incomplete, false or inaccurate information;
      4. making any unsolicited communications to other users;
      5. using any engine, software, tools, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
      6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Service unless explicitly permitted by us;
      7. copying or duplicating in any manner any of the Service Content or other information available from the Service;
      8. framing or hotlinking or deep linking any Service Content.
      9. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
    3. We, upon obtaining knowledge by ourselves or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Clause 6 above, shall be entitled to disable such information that is in contravention of Clause 6. We shall be entitled to preserve such information and associated records for at least 90 (ninety) days for Service on to governmental or investigative authorities for investigation purposes.
    4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by you, we have the right to immediately terminate your access or usage rights to the Services and to remove non-compliant information.
    5. We may disclose or transfer your Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit us to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between us or any person on its behalf and the user or where you have consented to data transfer.
    6. We respect the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights belonging to you or any other third party.
  7. Liability and Exclusion of Warranties
    1. We shall not be responsible or liable in any manner to you for any losses, damages, injuries or expenses incurred by you as a result of any action taken by us, where you have consented for the same.
    2. We do not provide or make any representation, warranty or guarantee, express or implied about the Services. We do not accept any liability for any errors or omissions, whether on behalf of ourselves or third parties.
    3. We do not verify any content or information provided by you and to the fullest extent permitted by law disclaims all liability arising out of your use or reliance upon the Services.
    4. Our Services may be linked to the Services of third parties, affiliates and business partners, Service Providers. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Services or made available by/through our Services.
    5. You acknowledge and agree that we shall not be held liable for any claims arising out of or in connection to any default on the part of the Service Provider.
    6. You further acknowledges and agrees that we shall not be held liable for any claims arising out of or in connection to any default that occurs on the part of the payment gateways or any such services of the payment gateways by which you may make payment for availing our Service.
    7. In no event, including but not limited to negligence, shall we, or any of its directors, officers, employees (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services even if such protected entity has been advised of the possibility of such damages. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the Services exceed INR 200 (Indian Rupees Two Hundred only).
    8. In no event shall the protected entities be liable for failure on the part of the Service Providers to provide agreed Services. In no event shall the protected entities be liable for any activity in relation to the Services provided to you.
    9. In no event shall you directly contact the Service Provider without our prior written approval. We will not be liable for the loss arising out of the inability of the Service Provider to complete the challenge/problem posted by you and if the problem is not as per your requirements.
  8. Indemnity

    You agrees to indemnify and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of the Service, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  9. Term, Termination and Disputes
    1. This Agreement will remain in full force and effect while you are a user of any of the Services in any form or capacity.
    2. You can request for termination of your membership with us at any time with a notice subject to the provisions and as per the terms contained in the agreement with us for the Services undertaken.
    3. We reserve the right to terminate any account in case:
      1. You breaches any terms and conditions of this Agreement;
      2. We believe in our sole discretion that your actions may cause legal liability for other users or for us or are contrary to this Agreement.
    4. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Services under the same account, a different account or re-register under a new account, unless explicitly permitted by us.
    5. In case of dispute between the parties, you hereby agrees to negotiate in good faith to resolve any disputes between them regarding this Agreement. If the negotiations do not resolve the dispute to the reasonable satisfaction of the parties, then each party shall nominate a person with respectable professional standing and unimpeachable conduct as its representative. These representatives shall, within 30 (thirty) days of a written request by either party to call such a meeting, meet in person and shall attempt in good faith to resolve the dispute.
    6. This Agreement and the relationship between the parties hereto shall be governed by, and interpreted in accordance with, the laws of India and subject to the above Clause (Dispute Resolution) the courts of Bangalore, Karnataka shall have exclusive jurisdiction over all matters arising pursuant to this Agreement.
  10. Misuse of the Services

    We may restrict, suspend or terminate your account if you abuse or misuse the Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of this Agreement, or any other behavior that we, in our sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, we have adopted a policy of terminating accounts of users who, in our sole discretion, are deemed to be repeat infringers of this Agreement even after being warned by it.

  11. Intellectual Property Claims

    We and our affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please feel free to contact us at the contact information given below.

    Specific covenants on the transfer/assignment and protection of intellectual property of the Service Provider will be governed by the agreement between the Service Provider and us and you and us.

  12. Severability & Waiver

    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

  13. Force Majeure
    1. In the event either party (the “Prevented Party”) is prevented from performing its obligations under this Agreement by force majeure, such as earthquake, typhoon, flood, public commotion, torrential rains, heavy winds, storms or other acts of nature, fire, terrorist acts, threatened terrorists acts, explosions, acts of civil or military authority including the inability to obtain any required approvals or permits, strikes, riots, war, plagues, other epidemics, or other unforeseen events beyond the Prevented Party’s reasonable control (an Event of Force Majeure), the Prevented Party shall notify the other party without delay and within fifteen (15) days thereafter shall provide detailed information concerning such event and documents evidencing such event, explaining the reasons for its inability to execute, or for its delay in the execution of, all or part of its obligations under this Agreement.
    2. If an Event of Force Majeure occurs, neither party shall be responsible for any damage, increased costs or loss which the other party may sustain by reason of such a failure or delay of performance, and such failure or delay shall not be deemed a breach of this Agreement. The Prevented Party shall take reasonable means to minimize or remove the effects of an Event of Force Majeure and, within the shortest reasonable time, attempt to resume performance of the obligations delayed or prevented by the Event of Force Majeure.
  14. Waivers and remedies

    No failure or delay by the parties in exercising any right or remedy provided by Law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. The rights and remedies of the parties under or pursuant to this Agreement are cumulative, may be exercised as often as such party considers appropriate and are in addition to its rights and remedies under the general Laws of India.

  15. Specific Performance

    The Parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.

  16. Indirect and Consequential Losses

    Save as expressly provided otherwise in this Agreement, neither Party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

  17. Contact Information
    1. If you have any question, issue, complaint regarding any of our Services, please contact our customer service at info@avasdigitech.com
    2. If you have any questions concerning us, the Services, this Agreement, or anything related to any of the foregoing, it can be reached at info@avasdigitech.com or via the contact information available on our Platform.
  18. Third Party Websites and content

    Our Platform and/or Services may contain, or you may be sent/redirected through our Platforms and/or Services to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, verified or checked for accuracy, appropriateness, or completeness by us (including our Platforms and/or Services), and we (including our Platforms and/or Services) are not responsible for any Third Party Websites accessed through our Platforms and/or Services or any Third Party Content posted on, available through or installed from our Platforms and/or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use, download or install any Third Party Content, you do so at your own risk and you agree that we (including our Platforms and/or Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Platforms or through the use of our Services or as may otherwise relate to any applications that you use or install from our Platforms or through our Services.

  19. Grievance officer

    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

    Satish Bhavankar

    Avasdigitech International Private Limited

    41, 9th B Cross, West of Chord Road, 2nd Stage,

    Mahalakshimpuram, Bangalore 560086, Karnataka, India