Terms:
This
document is an electronic record in terms of the amended Information Technology
Act, 2000 and rules and regulation made thereunder. This electronic record is
generated by a computer system and 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 that require publishing the Terms for access or usage of Spaco Community’s
service via Spaco Community Portal. This document meets the stipulations and
conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
BY
USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND
SPACO COMMUNITY'S PRIVACY POLICY, WHICH CAN BE FOUND AT PRIVACY POLICY AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any
of these terms, you may not use the Service.
Spaco
Community Service:
These
Terms of Service apply to all users of the Spaco Community Service. Information
provided by our users through the Spaco Community Service may contain links to
third party websites that are not owned or controlled by Spaco Community. Spaco
Community has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. Also, Spaco
Community does not assume any liability for any mistakes, misstatements of law,
defamation, omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of third party content
on the Site. In addition, Spaco Community will not and cannot censor or edit
the content of any third-party site. By using the Service, you expressly
acknowledge and agree that Spaco Community shall not be responsible for any
damages, claims or other liability arising from or related to your use of any
third-party website. You understand that the information and opinions in the
third party content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect Spaco Community's belief.
Errors,
Corrections, and Right to Modify or Discontinue Service and Sites:
We
do not represent or warrant that the Spaco Community Site will be error-free,
free of viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or through the
Spaco Community Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of the Spaco
Community Site at any time. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing on the Site.
Spaco Community reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Services and/or Sites (or any
part thereof) with or without notice. Spaco Community shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service or any Sites.
Spaco
Community Access:
A.
Subject to your compliance with these Terms of Service, Spaco Community hereby
grants you permission to use the Service, provided that:
i. your use of the Service as
permitted is solely for your personal use, and you are not permitted to resell
or charge others for use of or access to the Service, or in any other manner
inconsistent with these Terms of Service;
ii. you will not duplicate, transfer,
give access to, copy or distribute any part of the Service in any medium
without Spaco Community's prior written authorization;
iii. you will not attempt to reverse
engineer, alter or modify any part of the Service;
iv. you will otherwise comply with the
terms and conditions of these Terms of Service and Privacy Policy. The
Application is currently made available to you free of charge for your
personal, non-commercial use. Spaco Community reserves the right to amend or
withdraw the Application, or charge for the application or service provided to
you in accordance with these Spaco Community Mobile App terms, at any time and
for any reason.
B.
In order to access and use the features of the Service, you acknowledge and
agree that you will have to provide Spaco Community with your mobile phone
number. You expressly acknowledge and agree that in order to provide the
Service, Spaco Community may periodically access your contact list and/or
address book on your mobile device to find and keep track of mobile phone
numbers of other users of the Service. When providing your mobile phone number,
you must provide accurate and complete information. You hereby give your
express consent to Spaco Community to access your contact list and/or address
book for mobile phone numbers in order to provide and use the Service. We do
not collect addresses or email addresses, just names and mobile phone numbers
to tag your friends (as defined in Privacy Policy) and view their ratings (as
defined in Privacy Policy) given to businesses listed with Spaco Community. You
must notify Spaco Community immediately of any breach of security or
unauthorized use of your mobile phone. For removal of doubts it is clarified
that, Spaco Community is not liable for any loss or damage caused by any
unauthorized use of your account, however you would be liable for any losses or
damage caused to Spaco Community including but not limited to any claims made
on Spaco Community or others due to such unauthorized use.
C.
You agree not to use or upload post or submit any content that contains
software viruses or any computer code, files, or programs designed to
interrupt, destroy, or limit functionality of the Application or of any
computer software, hardware, or telecommunications equipment. You also agree to
not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or
HTTPWatch in general) or reverse engineer any of the software comprising or in
any way making up part of the Application. We have to disallow use of request
modification tools such as fiddler or whisker, or the like or any other such
tools activities that are meant to explore or harm, penetrate or test the
application. You must secure our permission before you measure, test, health
check or otherwise monitor any network equipment, servers or assets hosted on
our domain. You agree not to collect or harvest any personally identifiable
information, including phone number, from the Service, nor to use the
communication systems provided by the Service for any commercial solicitation
or spam purposes. You agree not to spam, or solicit for commercial purposes,
any users of the Service. You agree not to create any data back up of the
content that is available to you by use of the Spaco Community Site or Spaco
Community Mobile App. or use of Spaco Community Service that is available
through any other mediums.
AVAILABILITY:
1. Spaco Community will use reasonable
efforts to make the Application available at all times. However you acknowledge
the Application is provided over the internet and mobile networks and so the
quality and availability of the Application may be affected by factors outside
Spaco Community's reasonable control.
2. Spaco Community does not accept any
responsibility whatsoever for unavailability of the Application, or any
difficulty or inability to download or access content or any other
communication system failure which may result in the Application being
unavailable.
3. Spaco Community will not be responsible
for any support or maintenance for the Application.
SYSTEM
REQUIREMENTS:
1. In order to use the Application, you are
required to have a compatible mobile telephone or handheld device, internet
access, and the necessary minimum specifications ('Software Requirements').
2. The version of the Application software
may be upgraded from time to time to add support for new functions and
services.
Intellectual
Property Rights:
The
Spaco Community company names, logos, all related products and service names,
design marks, slogans, trademarks, service marks, copyright, database rights
(and other intellectual property rights of any nature in the Application)
together with the underlying software code in the App ("Intellectual
Property") is owned by and used under license by Spaco Community or its
subsidiaries or affiliate companies. All other Intellectual Properties herein
are the property of their respective owners. All copies that you make of the
Materials on any of the Media must bear any copyright, trademark or other
proprietary notice located on the respective Media that pertains to the
material being copied. You are not authorized to use Spaco Community's
Intellectual Property in any advertising, publicity or in any other commercial
manner. Reference to any products, services, processes or other information, by
trade name, trademark, manufacturer, supplier or otherwise does not constitute
or imply endorsement, sponsorship or recommendation thereof by Spaco Community.
For
removal of doubts, it is clarified that, by accepting theses terms, you hereby
waive and grant to Spaco Community all rights including intellectual property
rights and also "moral rights" in the Reviews, Ratings and Comments
posted by you at Spaco Community through any of mediums of Spaco Community and
that Spaco Community is free to use all such Review, Ratings and Comments as
per its (Spaco Community's) requirements from time to time.
User
Submissions & Specific Features:
A.
Tag your Friends - (Refer Privacy Policy)
B.
Ratings and Reviews - (Refer Privacy Policy)
C.
In connection with Ratings and Tag your friends, you further agree that you
will not:
i. submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the
material and to grant Spaco Community all of the license rights granted herein;
ii. publish falsehoods or
misrepresentations that could damage Spaco Community or any third party;
iii. submit material that is unlawful,
obscene, defamatory, libelous, threatening, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise
inappropriate;
iv. post advertisements or
solicitations of business;
v. impersonate another person;
vi. send or store material containing
software viruses, worms, Trojan horses or other harmful computer code, files,
scripts, agents or programs;
vii. interfere with or disrupt the
integrity or performance of the Service or the data contained therein; or
viii. Attempt to gain unauthorized access
to the Service or its related systems or networks.
D.
Adult content must be identified as such. Spaco Community does not endorse any
Rating and/or Review or any opinion, recommendation, or advice expressed
therein, and Spaco Community expressly disclaims any and all liability in
connection with ratings and/or submissions. Spaco Community does not permit
copyright infringing activities and infringement of intellectual property
rights via its Service, and Spaco Community will remove all content and Ratings
and/or Reviews if properly notified that such content infringes on another's
intellectual property rights. To file a copyright infringement notification,
please send a written communication that includes substantially the following:
i. A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
ii. Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works;
iii. Identification of the material that
is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material,
including the mobile phone number of the Spaco Community Mobile App user
allegedly infringing the copyrighted work;
iv. Information reasonably sufficient
to permit the service provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted;
v. A statement that the complaining
party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. Such takedown notices may be emailed to
support at. Spaco Community reserves the right to remove contents without prior
notice. Spaco Community may also terminate a user's access to the Service, if
they are determined to be a repeat infringer, or for any or no reason,
including being annoying. A repeat infringer is a User who has been notified of
infringing activity more than once and/or has had a content removed from the
Service more than once. Spaco Community also reserves the right to decide
whether content or a Rating and/or Review is appropriate and complies with
these Terms of Service for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to excessive
length or limited interest. Spaco Community may remove such contents and/or
terminate a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole discretion.
E.
You understand that when using the Spaco Community Service you will be exposed
to Ratings and Review submissions from a variety of sources, and that Spaco
Community is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such Submissions, and that such
Submissions are not the responsibility of Spaco Community. You further
understand and acknowledge that you may be exposed to Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against Spaco Community with respect thereto, and agree to indemnify and hold
Spaco Community, its officers, directors, employees, agents, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all matters
related to your use of the Spaco Community Service.
F.
Spaco Community reserves the right to discontinue any aspect of the Spaco
Community Service at any time.
G.
Right, But Not Obligation, to Monitor Submissions: Spaco Community does not and
shall not have any obligation to review Submissions, and therefore we do not
guarantee the accuracy, integrity or quality of Submissions and we cannot
assure you that harmful, inaccurate, deceptive, offensive, threatening,
defamatory, unlawful or otherwise objectionable Submissions will not appear on
our Service. We do, however, reserve the right to review any or all Submissions
in our sole discretion. In addition, we reserve the right to alter, edit or
remove any Submissions, in whole or in part, at our sole discretion.
H.
Your Use of Submissions Posted by Others. You may not use, copy, reproduce,
distribute, publish, display or perform, create derivative works of, transmit,
sell, or in any way exploit any of the Submissions posted by others except as
expressly set forth in these Terms of Use.
WARRANTY:
THE
MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE )
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. SPACO COMMUNITY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. SPACO
COMMUNITY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPACO
COMMUNITY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW,
INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED
THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE
MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO
JURISDICTION. IN NO EVENT SHALL SPACO COMMUNITY BE LIABLE TO ANY USER ON
ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES
WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA
WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT
(INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SPACO COMMUNITY IS AWARE OF OR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED
WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR
INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR
ACCESSED FROM ANY MEDIA. SPACO COMMUNITY DOES NOT ASSUME ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER
MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL
RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH
COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
ADDITIONAL
DISCLAIMER:
Users
using any of Spaco Community service across the following mediums i.e. through
internet i.e. www.spaco.work or www.community.spaco.work Website, SMS, phone or
any other medium are bound by this additional disclaimer wherein they are
cautioned to make proper enquiry before they (Users) rely, act upon or enter
into any transaction (any kind or any sort of transaction including but not
limited to monetary transaction) with the Advertiser listed with Spaco
Community. All the Users are cautioned that all and any information of
whatsoever nature provided or received from the Advertiser/s is taken in good
faith, without least suspecting the bonafides of the Advertiser/s and Spaco
Community does not confirm, does not acknowledge, or subscribe to the claims and
representation made by the Advertiser/s listed with Spaco Community. Further,
Spaco Community is not at all responsible for any act of Advertiser/s listed at
Spaco Community.
Limitation
of Liability
IN
NO EVENT SHALL SPACO COMMUNITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
I. ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT,
II. PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
III. ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
IV. ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVERS,
V. ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD
PARTY,
VI. ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SPACO COMMUNITY CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND/OR
VII. THE DISCLOSURE OF INFORMATION
PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT SPACO COMMUNITY SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity:
You
agree to defend, indemnify and hold harmless Spaco Community officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from:
i. your use of and access to the Spaco
Community Service;
ii. your violation of any term of these
Terms of Service;
iii. your violation of any third party
right, including without limitation any copyright, property, or privacy right;
or
iv. any claim that one of your Ratings
and/or Reviews or Comments caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of
the Spaco Community Service.
Ability
to Accept Terms of Service:
Spaco
Community Service. Only adults, who are at least eighteen (18) years of age,
are eligible to use our service, whether for personal use or on behalf of a
business. If you are an individual, you must be fully competent to enter into
and to comply with the terms, conditions, obligations, representations, and
warranties set forth in these Terms of Use. By using this service, you
represent and warrant that you have the right, authority, and capacity to enter
into these Terms of Use and can abide by all of the terms and conditions set
forth therein.
Assignment:
These
Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Spaco Community without
restriction.
Miscellaneous:
You
agree that we may assign these Terms of Use without prior notice to a successor
entity in the event of a merger, acquisition, or sale of all or part of our
business. No waiver of any breach of the Terms of Use, no matter how long
continuing or how often repeated will be deemed a waiver of any subsequent
breach, nor shall any delay or omission to exercise any right, power, or
privilege hereunder be deemed a waiver of such right, power, or privilege. If
any section of these Terms of Use is held to be unenforceable or in conflict
with the law of any jurisdiction, the validity of the remaining paragraphs
shall not be affected by such holding. The meaning of that section shall be
construed to the extent feasible to render the section enforceable and to give
effect to the Parties' intentions as reflected in the section. If no feasible
interpretation would save such section, it is to be severed from the remainder
of these Terms of Use, which are to remain in full force and effect. The Terms
of Use constitute the entire agreement between you and us with respect to the
subject matter set forth herein. The section headings and subheadings contained
in these Terms of Use are included for convenience only and shall not limit or
otherwise affect these Terms of Use.
GOVERNING
LAW:
These
Terms will be governed by and construed in accordance with the Indian laws,
without giving effect to its conflict of laws' provisions or your actual state
or country of residence, and you agree to submit to personal jurisdiction in
India. Courts at Mumbai will have the exclusive jurisdiction. You are
responsible for compliance with applicable laws. If for any reason a court of
competent jurisdiction finds any provision or portion of the Terms to be
unenforceable, the remainder of the Terms will continue in full force and
effect. Spaco Community reserves the right to investigate complaints or
reported violations of these Terms and to take any action we deem necessary and
appropriate. Such action may include reporting any suspected unlawful activity
to law enforcement officials, regulators, or other third parties. In addition,
we may take action to disclose any information necessary or appropriate to such
persons or entities relating to user profiles, e-mail addresses, usage history,
posted materials, IP addresses and traffic information. Spaco Community
reserves the right to seek all remedies available at law and in equity for
violations of these Terms.
Privacy
Policy :
In
the course of registering for and availing various services we provide from
time to time through our website www.Spaco Community.com ("Website",
telephone search, SMS and WAP) or any other medium in which Spaco Community may
provide services (collectively referred to as "Media") you may be
required to give your name, residence address, workplace address, email
address, date of birth, educational qualifications and similar Personal
Information ("Personal Information"). The Personal Information is
used for three general purposes: to customize the content you see, to fulfill
your requests for certain services, and to contact you about our services via
including but not limited to email's, sms's and other means of communication.
Unless otherwise stated explicitly, this Policy applies to Personal Information
as disclosed on any of the Media.
We
are committed to protecting the privacy and confidentiality of all Personal
Information that you may share as a user of Media In furtherance thereof, we
have this policy to demonstrate our good faith.
This
policy does not apply to the practices of organizations that we do not own or
to people that we do not employ or manage.
Personal
Information will be kept confidential and will be used for our research,
marketing, and strategic client analysis objectives and other internal business
purposes only. We do not sell or rent Personal Information except that in case
you are a customer of our search services through any of the Media, your
Personal Information shall be shared with our subscribers/advertisers and you
shall be deemed to have given consent to the same. Further, the subscribers /
advertisers who are listed with us, may call you, based on the query or enquiry
that you make with us, enquiring about any
· Product / Service or
· Product / Service of any subscriber /
advertiser or
· Product / Service of any particular
subscriber / advertiser.
We
will share Personal Information only under one or more of the following
circumstances: - If we have your consent or deemed consent to do so - If we are
compelled by law (including court orders) to do so
In
furtherance of the confidentiality with which we treat Personal Information we
have put in place appropriate physical, electronic, and managerial procedures
to safeguard and secure the information we collect online.
We
give you the ability to edit your account information and preferences at any
time, including whether you want us to contact you about new services. To
protect your privacy and security, we will also take reasonable steps to verify
your identity before granting access or making corrections.
You
acknowledge that you are disclosing Personal Information voluntarily. Prior to
the completion of any registration process on our website or prior to availing
of any services offered on our website if you wish not to disclose any Personal
Information you may refrain from doing so; however if you don't provide
information that is requested, it is possible that the registration process
would be incomplete and/or you would not be able to avail of the our services.
If
you are our corporate customer, it is possible that we have entered into a
contract with you for non-disclosure of confidential information. This Policy
shall not affect such a contract in any manner.
If
you have questions or concerns about these privacy policies; please send us an
email at ho@spaco.work
Privacy
Notice:
Spaco
Community is committed to protecting the privacy and confidentiality of all
Personal Information that you may share as a user of Media. In furtherance
thereof, we have this policy to demonstrate our good faith.
This
Privacy Policy is incorporated into and is subject to the Spaco Community Terms
of Service. Your use of the Spaco Community Site, Spaco Community Software and
the Spaco Community Service and any personal information you provide remains
subject to the terms of this Privacy Policy and our Terms of Service.
What
Does This Privacy Policy Cover ? This Privacy Policy is part of Spaco
Community's Terms of Service and covers the treatment of user information,
including personally identifying information, obtained by Spaco Community,
including information obtained when you access the Spaco Community Site, use
the Spaco Community Service or any other software provided by Spaco Community.
The
Information Spaco Community Collects:
Spaco
Community may obtain the following types of information from or concerning you
or your mobile phone device, which may include information that can be used to
identify you as specified below ("Personally Identifying
Information") :
· You provide certain Personally
Identifiable Information, such as your mobile phone number, and mobile device
information to Spaco Community when choosing to participate in various uses of
the Spaco Community Service, such as registering as a user, and viewing ratings
of contacts in your address book. In order to provide the Spaco Community
Service, Spaco Community will periodically access your address book or contact
list on your mobile phone to locate the mobile phone numbers that have been
used to avail Spaco Community services and to provide ratings of establishments
we have received from users of these mobile numbers. Spaco Community may access
your location information to provide search results based on your geo location.
This allows the software to provide relevant search results. Location data
gathered from a mobile phone is used only to provide search results and is not
used in any other manner whatsoever.
The
Information Spaco Community Does Not Collect:
Spaco
Community does not collect emails, addresses or other contact information from
its users' mobile address book or contact lists other than name and mobile
phone numbers. Spaco Community does not store historical location information
of users in any form or manner at its end, except for last known location from
which the Spaco Community software was accessed in case of non availability of
current location data. Spaco Community App integrates with facebook SDK and may
send aggregate usage statistics to facebook from time to time. Usage of
information sent to facebook is governed by Facebook's data usage policies
which can be found at www.facebook.com/about/privacy.
The
Way Spaco Community Uses Information:
If
you submit Personally Identifiable Information to us through the Spaco
Community Site, or Spaco Community Service, then we use your personal
information to operate, maintain, and provide to you the features and
functionality of the Spaco Community Site and Spaco Community Service. In
particular, your mobile phone number is essential to your use of the Spaco
Community Service and will be retained. Your name (as it is saved in other
user's mobile phone address book or contact list) may be displayed to other
users if they tag your mobile number and access your ratings in the App. For
more information on our ratings feature, please read the note below :
Spaco
Community will use your mobile number and contacts list to identify friends in
your network who have rated establishments and/or are users of Spaco Community
Services. Spaco Community collects ratings in the following ways :
· When a user calls our service and is
prompted to rate an establishment
· When a user rates establishments on
the website or mobile site or Applications
Where
are the ratings shown ? Ratings are shown in the following ways on Spaco
Community :
· In SMS when user asks for information
by calling the Spaco Community Service
· Ratings are displayed on various
places on the website, mobile site and mobile applications in pages such as the
overall ratings count page, search results pages, company details pages etc.
User information such as mobile phone number is masked and personally
identifiable information is not displayed unless user is registered with Spaco
Community and is accessing the tag friends feature.
· Ratings are shown in the "Tag
your friend" feature available across Spaco Community services platforms
where user can access friends' ratings of establishments.
Benefits:
Your
contacts list will allow Spaco Community to provide you with ratings given by
your friends and help make the experience on Spaco Community even better. Your
friends' ratings will allow you to make a better decision about choosing a
product/service/establishment on Spaco Community.
You
can build your friends network and choose your friends on Spaco Community and
access your friends' ratings across the range of our platforms including mobile
site, website and our applications.
How
Spaco Community uses your information:
Spaco
Community "tags" the contacts in your address book as your friends,
but at anytime, you can review the list of your tagged friends and choose to
untag any of them at any time. Untagging your contacts will hide your ratings
from them and will also result in their ratings not being shown to you.
Only
users of Spaco Community will be displayed in your tagged friends list. If a
contact in your address book has rated an establishment/s on Spaco Community,
the ratings associated with the contact will be displayed as part of your
friends' ratings. If a contact in your address book has used Spaco Community's
service across any platform and has not rated an establishment, although their
name is displayed in your friends list, no ratings will be shown associated
with the said contact.
If
any of your tagged friends registers with our Service across Spaco Community's
platforms, ratings of such a friend will be visible to you only if
· Your mobile number is present in his
contacts list
· You have not been untagged by your
friend
Spaco
Community will also provide users with a privacy settings option that will
allow the user to choose appropriate privacy levels. By default, the user's
contact list will be used to identify friends in the network. A user may choose
to allow anyone to tag him/her as a friend and may also choose to allow nobody
to tag him/her as a friend.
We
do not use your mobile phone number or other Personally Identifiable
Information to send commercial or marketing messages without your consent or
except as part of a specific program or feature for which you will have the
ability to opt-in or opt-out. We may use cookies and log file information to :
a. remember information so that you will
not have to re-enter it during your visit or the next time you use Spaco
Community;
b. provide custom, personalized content and
information;
c. monitor individual and aggregate
metrics such as total number of visitors, pages viewed, etc.; and
d. track your entries, submissions, views
and such.
When
Spaco Community Discloses Information:
Other
users of the Spaco Community Service may see your ratings submissions in a way
that is consistent with the use of the Spaco Community Service. For example, a
rating of "ABC Restaurant" on Spaco Community will be available to
every user of the Spaco Community Service who has that mobile phone number in
their mobile phone's address book or contact list and has tagged the mobile
phone number as a friend in the Spaco Community App friends ratings feature.
For more information on this feature, please refer paragraphs above.
We
do not sell or share your Personally Identifiable Information (such as mobile
phone number) with other third-party companies for their commercial or
marketing use without your consent or except as part of a specific program or
feature for which you will have the ability to opt-in or opt-out. We may share
your Personally Identifiable Information with third party service providers to
the extent that it is reasonably necessary to perform, improve or maintain the
Spaco Community Service.
Your
Choices:
You
may, of course, decline to submit Personally Identifiable Information through
the Spaco Community Service, in which case Spaco Community may not be able to
provide certain services to you. If you do not agree with our Privacy Policy or
Terms of Service, please delete your account and uninstall the Spaco Community
mobile application; your continued usage of the Spaco Community Service will
signify your assent to and acceptance of our Privacy Policy and Terms of
Service. To protect your privacy and security, we take reasonable steps (such
as SMS authentication in certain cases) to verify your identity before
registering your mobile phone number and granting you access to the Spaco
Community Service. Please contact Spaco Community via email to privacy at Spaco
Community.com or available web forms with any questions or comments about this
Privacy Policy, your personal information, your consent, or your opt-in or
opt-out choices.
Third-party
Advertisers, Links to Other Sites:
Spaco
Community is currently ad-free and we hope to keep it that way forever. We have
no intention to introduce advertisement into the product, but if we ever do, we
will update this section.
Our
Commitment to Data Security:
Spaco
Community uses commercially reasonable physical, managerial, and technical
safeguards to preserve the integrity and security of your personal information.
We cannot, however, ensure or warrant the security of any information you
transmit to Spaco Community and you do so at your own risk.
Consent
To Push Notification:
You
agree and confirm that any review, rating and comments, including any other
content or data therein, that you submit/post on Spaco Community platforms viz.
WEB, WAP, APP & Phone etc. such details as per Spaco Community's discretion
will be shared with your Tagged Friends who are the users of Spaco Community's
services.
DISCLAIMER
for "Spaco Community/SPACO COMMUNITY Verified stamp,SPACO COMMUNITY
Trusted Stamp", "Spaco Community GUARANTEE" and "Spaco
Community's Right"
"Spaco
Community/SPACO COMMUNITY verified" means, the information related to
name, address, contact details of the business establishments have been
verified as existing at the time of registering any advertiser with Spaco
Community. This verification is solely based on the documents as supplied by an
advertiser/s or as per the details contained in Customer E-Registration Form.
"SPACO
COMMUNITY Trusted Stamp" indicates that the identity & information of
the vendors/services, viz., name, address, contact details, business name has
been verified on best effort basis, as existing, based on the
documents/information furnished by the vendors/service providers. "SPACO
COMMUNITY Trusted Stamp" are also allocated to the vendor’s/service
providers considering user’s reviews/ratings or any other criteria solely.
Spaco
Community strongly recommends to its users/callers to verify all relevant
details of vendors/services prior to availing any products/services from them.
Spaco Community does not implicitly or explicitly endorse any product/s or
services provided by the vendors/service providers.
The
"Spaco Community Guarantee" and "Spaco Community's Right"
is a limited assurance offered by Spaco Community that the name and contact
information of the advertiser and the category in which the advertiser is
listed by Spaco Community, have been verified as existing and correct at the
time of the advertiser's application to register with Spaco Community. Spaco
Community makes no representations or warranties, whether express or implied,
including but not limited to warranties of the continued existence and/or
operations of the advertiser, or the quality, quantity, merchantability or
fitness for use of the goods or services offered by the advertiser.
13.
ADDITIONAL DISCLAIMER:
Users
using any of Spaco Community service across the following mediums i.e. through
internet i.e www.Spaco Community.com Website, Wap, SMS, phone or any other
medium are bound by this additional disclaimer wherein they are cautioned to
make proper enquiry before they (Users) rely, act upon, make any kind of
booking or enter into any transaction (any kind or any sort of transaction
including but not limited to monetary transaction) with the Advertiser listed
with Spaco Community.
All
the Users are cautioned that all and any information/products/goods or services
of whatsoever nature provided or received from the Advertiser/s is taken in
good faith, without least suspecting the bonafides of the Advertiser/s and
Spaco Community does not confirm, does not acknowledge, or subscribe to the
claims and representation made by the Advertiser/s listed with Spaco Community.
Further, Spaco Community is not at all responsible for any act of Advertiser/s
listed at Spaco Community.
14.
Unlawful Activity
We
reserve the right (at our discretion) to investigate complaints or reported
violations of the Terms and to take any action we deem appropriate including,
but not limited to, reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third-parties and disclosing any
information necessary or appropriate to such persons or entities relating to
your Registration Data, usage history, posted materials, IP addresses and
traffic information etc..
15.
Risk and Title
Risk
in the goods passes to you upon delivery of the goods to the delivery address
by the Spaco Community advertiser.
16.
Indemnity
You
agree to indemnify Spaco Community and its affiliates, employees, agents and
representatives, and to hold them harmless from any and all claims and
liabilities (including any and all attorneys' fees) that may arise from your
submissions, and from your unauthorized use of goods obtained through Spaco
Community (via its advertiser), from your breach of this Policy, or from any
such acts arising through your use of Spaco Community.com. These obligations
will survive any termination of the Terms.
17.
Limitation of liability:
You
acknowledge that Spaco Community is provided "as is site" and that
Spaco Community is not making and has not made any warranty or representation
as to suitability, merchantability, quality of the goods which will be supplied
or delivered by its listed advertiser for any particular purpose. You agree
that in using Spaco Community, You are not relying on any statement or
representation made by Spaco Community which is not expressly contained in this
Agreement.
IN
NO EVENT SHALL SPACO COMMUNITY BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING,
USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING
DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY,
CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR
OTHER THEORY, EVEN IF SPACO COMMUNITY ARE AWARE OF OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR
INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE
INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR
PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. SPACO
COMMUNITY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR
PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE
PLATFORMS.
YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE
INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
18.
Changes:
We
may periodically change the Terms and the Site without notice, and you are
responsible for checking these Terms periodically for revisions. All amended
Terms become effective upon our posting to the Site, and any use of the site
after such revisions have been posted signifies your consent to the changes. If
any such change or modification is unacceptable to you, do not use the Website.
If following any such change or modification you continue to use the Website or
Content, you will be deemed to have accepted those changes or modifications.
19.
Privacy Policy:
Spaco
Community is committed to protecting the privacy and confidentiality of any
personal information that it may request and receive from its clients, business
partners and other users of the Website. To read our privacy policy statement
regarding such personal information please refer PRIVACY POLICY
You
hereby confirm and acknowledge that the contact details and other details
provided by you to Spaco Community will be used and forwarded by Spaco
Community to the respective advertiser for which call or enquiry has been made
by you.
20.
General Instructions
Spaco
Community's listed advertiser/ actual business owners who has processed and
delivered your order as per your request is solely responsible for quality,
delivery and billing of the products. Spaco Community only acts as channel
between you and the actual business owners/listed advertiser.
We
make no representation and give no warranty or undertaking (express or implied)
as to the timeliness, accuracy, completeness, effectiveness or reliability of
the Website or its Content for any particular purpose.
We
make no representation and give no warranty or undertaking (express or implied)
as to the timeliness, accuracy, completeness, effectiveness or reliability of
the goods supplied/delivered by the Advertiser.
We
will not be responsible or liable for any loss, damage, injury or other claim
or outcome arising from your reliance upon the Website, or the Website's
inability to meet your needs.
We
will not be responsible for any delay, failure, interruption, or corruption of
any data or other information transmitted in connection with your use of the
Website, which is beyond our control. For the avoidance of doubt, we do not
accept responsibility for any interference or damage to your computer system
which may arise in connection with your use of the Website or any linked
website.
21.
Force Majeure
Spaco
Community and its advertiser will be not be liable for breach of this terms of
use to the extent caused by or arising from prohibition or restriction by law
or regulation or any government, fire, flood, storms, weather, strike, lock-out
or other labour problems, accident, riots, acts of God or any other events
which is beyond its control.
22.
Arbitration:
In
the event a dispute arises between the you and Spaco Community as per the terms
of use, the parties shall attempt to amicably resolve the dispute through
mutual discussions. Where the dispute is not resolved for a period of 90 days
from the date of the dispute, either party can, upon giving a written notice to
the other party, declare its intention to initiate arbitration proceedings. The
arbitration will be conducted in English in accordance with the rules
prescribed under the Arbitration and Conciliation Act, 1996. The venue for the
arbitration shall be Mumbai. The arbitration shall be conducted by a sole
arbitrator appointed by Spaco Community. The award of the arbitrator shall be
final and binding on the parties. Each party shall bear its own cost of
arbitration.
23.
Governing Law and Jurisdiction:
This
terms of use shall be governed and construed in accordance with the laws in
India. Any dispute arising hereunder shall be subject to the exclusive
jurisdiction of the courts in Mumbai, India.
24.
Provisions are severable.
Each
provision of this Agreement (including these Conditions) are severable.
Severance does not affect any other provisions.
Please
exit, if you don't agree to the terms contained in this Policy,
If
you have any questions or concerns about this Agreement please contact us –
mail@Spaco Community.com for more information.
Infringement
Policy
Spaco
Community portal contains the trademark, logos, trade name, service marks and
other marks (collectively "Marks") which are the intellectual
property of Spaco Community or their vendors or respective third parties. You
understand that Spaco Community uses the Marks of vendors and respective third
parties procured from the owner and/or distribution channel. In doing so, Spaco
Community has no intention, whatsoever, to acquire rights of use or license to
these Marks.
This
Infringement policy helps in creating a safer marketplace by prohibiting the
use of Spaco Community portal for infringing the intellectual property rights
of third parties or of the rightful owner. Spaco Community policy requires
sellers and buyers or users to comply with all governmental laws and
regulations including but not limited to the Infringement policy as amended
from time to time.
If
you see something on the Spaco Community portal, which you believe is violating
the intellectual property rights, please send an infringement initimation to
Spaco Community at mail@Spaco Community.com
Spaco
Community will be unable to process requests which do not specify exact product
IDs or URLs and the details which are specified below. Please do not provide
links to browse pages or links of search queries as these pages are dynamic and
their contents change with time.
How
to report a listing
· If you have a good faith belief that
your IP right has been infringed by any of our sellers or anyone else on Spaco
Community's portal , yportal,ollow the below process and /or seek Legal advice.
· We require that the Intellectual
Property right owner or authorized representative provide the following details
and email to the aforementioned email id.
The
email should contain the below information.
1. Identification or description of the
Intellectual Property Rights that has been infringed.
2. Unambiguous identification or
description of where the material that you claim is infringing is located on
Spaco Community portal with adequate particulars. Product ID / website links of
infringing products.
3. Your address, telephone number, and
email address.
4. A statement by you, that the information
in your notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
5. Brand/Trade Name (in case of Trademark
infringement)
6. Details of the intellectual property
being infringed (Provide copyrighted images or trademark certificates as
attachments)
7. Details/documents of legal proceedings
initiated against the entities (infringing the Intellectual Property rights of
the owner)
ANNEXURE
‘A’
Banned/Prohibited
list of Products and Services referred to in this Agreement is as mentioned
herein below:-
i. Adult goods and services which
includes pornography and other sexually suggestive materials (including
literature, imagery an d other media); escort or prostitution services; website
access and/or website memberships of pornography or illegal sites.
ii. Alcohol which includes Alcohol or
alcoholic beverages such as beer, liquor, wine, or champagne.
iii. Body parts which includes organs or
other body parts.
iv. Bulk marketing tools which includes
email lists, software, or other products enabling unsolicited email messages
(spam).
v. Cable descramblers and black boxes
which includes devices intended to obtain cable and satellite signals for free.
vi. Child pornography which includes
pornographic materials involving minors.
vii. Copyright unlocking devices which
includes Mod chips or other devices designed to circumvent copyright protection
viii. Copyrighted media which includes
unauthorized copies of books, music, movies, and other licensed or protected
materials
ix. Copyrighted software which includes
unauthorized copies of software, video games and other licensed or protected
materials, including OEM or bundled software.
x. Counterfeit and unauthorized goods
which includes replicas or imitations of designer goods; items without a
celebrity endorsement that would normally require such an association; fake
autographs, counterfeit stamps, and other potentially unauthorized goods
xi. Drugs and drug paraphernalia which
includes illegal drugs and drug accessories, including herbal drugs like salvia
and magic mushrooms
xii. Drug test circumvention aids which
includes drug cleansing shakes, urine test additives, and related items
xiii. Endangered species which includes
plants, animals or other organisms (including product derivatives) in danger of
extinction
xiv. Gaming/gambling which includes
lottery tickets, sports bets, memberships/ enrollment in online gambling sites,
and related content
xv. Government IDs or documents which
includes fake IDs, passports, diplomas, and noble title.
xvi. Hacking and cracking materials
which includes manuals, how-to guides, information, or equipment enabling
illegal access to software, servers, website, or other protected property.
xvii. Illegal goods which includes
materials, products, or information promoting illegal goods or enabling illegal
acts.
xviii. Miracle cures which includes
unsubstantiated cures, remedies or other items marketed as quick health fixes.
xix. Offensive goods which includes
literature, products or other materials that:
a. Defame or slander any person or
groups of people based on race, ethnicity, national origin, religion, sex, or
other factors
b. Encourage or incite violent acts
c. Promote intolerance or hatred.
xx. Offensive goods, crime which
includes crime scene photos or items, such as personal belongings, associated
with criminals.
xxi. Prescription drugs or herbal drugs
or any kind of online pharmacies which includes drugs or other products
requiring a prescription by a licensed medical practitioner.
xxii. Pyrotechnic devices, combustibles,
corrosives and hazardous materials which includes explosives, fireworks and
related goods; toxic, flammable, and radioactive materials and substances
xxiii. Regulated goods which includes air
bags; batteries containing mercury; Freon or similar substances/refrigerants;
chemical/industrial solvents; government uniforms; car titles; license plates;
police badges and law enforcement equipment; lock-picking devices; pesticides;
postage meters; recalled items; slot machines; surveillance equipment; goods
regulated by government or other agency specifications
xxiv. Securities which includes stocks,
bonds, or related financial products
xxv. Tobacco and cigarettes which
includes cigarettes, cigars, chewing tobacco, and related products
xxvi. Traffic devices which includes
radar detectors/jammers, license plate covers, traffic signal changers, and
related products.
xxvii. Weapons which includes firearms,
ammunition, knives, brass knuckles, gun parts, and other armaments
xxviii. Wholesale currency which includes
discounted currencies or currency exchanges
xxix. Live animals or hides/skins/teeth,
nails and other parts etc of animals.
xxx. Multi Level Marketing collection
fees
xxxi. Matrix sites or sites using a
matrix scheme approachc
xxxii. Work-at-home approach and/or
Work-at-home information
xxxiii. Any product or service which is not
in compliance with all applicable laws and regulations whether federal, state,
local or international including the laws of India.
xxxiv. Merchant providing services that
have the potential of casting Spaco Community and/or Payment System Providers
in a poor light and/or that may be prone to ?Buy & Deny? attitude of the
cardholders when billed (e.g. Adult material/ mature content/Escort services/
friend finders) and thus leading to chargeback and fraud losses.
xxxv. Businesses or website that operate
within the scope of laws which are not absolutely clear or are ambiguous in
nature (e.g. Web-based telephony, website supplying medicines or controlled
substances, website that promise online match-making).
xxxvi. Businesses out rightly banned by
law (e.g. Betting & Gambling/ publications or content that is likely to be
interpreted by the authorities as leading to moral turpitude or decadence or
incite caste/communal tensions, lotteries/sweepstakes & games of chance.
xxxvii. Merchant who deal in intangible
goods/ services (eg. software download/ Health/ Beauty Products), and
businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any
other product or Service, which in the sole opinion of either Spaco Community
or Payment System Providers , is detrimental to the image and interests of
either of them / both of them, as communicated by either of them/ both of them
to Merchant from time to time. This shall be without prejudice to any other terms
& conditions mentioned in this Agreement.
xxxviii. Bulk marketing tools which includes
email, lists, software, or other products enabling unsolicited email messages
(spam).
xxxix. Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services