Pricing:
All prices are in Indian rupees. Prices, products and Services may change at Yellow Spark’s discretion.
Refund policy:
We have a ‘No refund’ policy. However, in certain situations, Yellow Spark may offer a replacement.
Replacement Policy:
Please note that ‘Replacement’ is defined as the action of replacing the item purchased by the Buyer by Yellow Spark. Yellow Spark shall accept replacement of a product in case one of the following situations arise:
Item was defective
Item was / were missing
Wrong item was sent
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any replacement. Buyer needs to raise the replacement request within 10 days from the date of payment realization. Once Buyer has raised a replacement request by contacting us, Buyer shall have the option to exchange the product.
Replacement facility is available only via self-returns. Pick Up facility is not available on these items.
Cancellation of Fraudulent/Loss to business Orders:
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Yellow Spark reserves the right to cancel all past, pending and future orders without any liability. Yellow Spark also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders will not be refunded.
The Buyer may be considered fraudulent if any of the following scenarios are met:
Buyer doesn’t reply to the payment verification mail sent by Yellow Spark.
Buyer fails to produce adequate documents during the payment details verification.
Misuse of another Buyer’s phone/email.
Buyer uses invalid email and phone no.
Overuse of a voucher code.
Use of a special voucher not tagged to the email ID used.
Buyer returns the wrong product.
Buyer refuses to pay for an order.
Buyer is involved in the snatch and run for any order.
Payments:
Payments for purchase of products/service on the website will be accepted via electronic transfers only.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Buyers.
You have specifically authorized Yellow Spark or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility.
You understand, accept and agree that the payment facility provided by Yellow Spark is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on Yellow Spark using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Yellow Spark is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with Yellow Spark to purchase the products and/or services from Yellow Spark using the Payment Facility, and you shall pay the transaction price through Your Issuing Bank to Yellow Spark for using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
The Buyer acknowledges that Yellow Spark will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of Yellow Spark.
Compliance with Laws:
Buyer shall comply with all the applicable laws (including Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and Export Import Policy of government of India) applicable to them for using Payment Facility and Yellow Spark.
Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Use of information at Yellow Spark:
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this Website meet your specific requirements. You may not establish and/or operate links to this Website without the prior consent of Yellow Spark.
You must understand that any material you send to us on or via the Yellow Spark website, which may include any data, comments records, invoices or other information shall be stored and collected by Yellow Spark. You must understand that even though Yellow Spark, at no time, will publish information you wish to be hidden from the public view, at no point will any of your information be considered to be confidential or propriety, except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy. We shall not be responsible to maintain confidentiality of the information provided by you and cannot guarantee confidentiality of your information if it reaches a third party. You must understand that we will not be liable for any action taken on your information by any party and the matter will have to be dealt with strictly between you and the other party, at your own expenses.
Accuracy of the Website:
Though all efforts have been made to ensure the accuracy and currency of the content on this Website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with Yellow Spark and to obtain appropriate professional advice.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF YELLOW SPARK’S WEBSITE AND ITS CONTENT IN ANY FORM ARE AT YOUR SOLE RISK. YELLOW SPARK AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YELLOW SPARK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YELLOW SPARK WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- a) Yellow Spark does not warrant that:
The service will meet your requirements
The service will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of this service will be accurate or reliable
- b) The quality of any products, services, information, or other material purchased or obtained by you through the use of the service will meet your expectations
- c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
- d) No Advice or information, whether oral or written obtained by you from Yellow Spark, or through the service shall create any warranty/liability against Yellow Spark.
- e) As already stated in detail before, the material contained on this Website and on the associated web pages is general information and is not intended to be advice on any particular matter. Subscribers and readers should seek appropriate professional advice before acting on the basis of any information contained herein. Yellowspark.in, its owners, employees, agents, representatives and the authors expressly disclaim any and all liability to any person, whether a subscriber or not, in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance upon the contents of this site and associated web pages.
Intellectual Property:
The materials displayed on this Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names or logos are the property of Yellow Spark and are protected by intellectual property laws. You agree that all of Yellow Spark’s trademarks, trade names, service marks, and other Yellow Spark logos and brand features, and product and service names are trademarks and the property of Yellow Spark (“Yellow Spark’s Intellectual Property”). Without Yellow Spark’s prior permission, you agree not to display or use Yellow Spark’s Intellectual Property in any manner.
You acknowledge and agree that Yellow Spark and any necessary software used in connection with Yellow Spark (“Software“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through Yellow Spark or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Yellow Spark or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on Yellow Spark, such Content or the Software, in whole or in part.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement:
Yellow Spark respects the intellectual property of others, and we ask our users to do the same. Yellow Spark may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us:
- a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
- c) A description of where the material that you claim is infringing is located on the site;
- d) Your address, telephone number, and email address;
- e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- f) A statement by you, made under penalty of perjury, that the above 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.
Notice:
Yellow Spark may provide you with notices, including those regarding changes to the Terms and Conditions, including by but not limited to email, regular mail, SMS, MMS, text message, postings on Yellow Spark’s website, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms and Conditions by accessing Yellow Spark in an unauthorized manner. Your agreement to these Terms and Conditions constitute your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Yellow Spark in an authorized manner.
Communication from Yellow Spark:
You understand and agree that Yellow Spark may include certain communications from Yellow Spark, such as service announcements, administrative messages, newsletters, and that these communications are considered part of Yellow Spark’s subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Yellow Spark services, including the release of new Yellow Spark properties, shall be subject to these Terms and Conditions. You understand and agree that Yellow Spark is provided “AS IS” and that Yellow Spark assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to Yellow Spark, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Yellow Spark website. You understand that the technical processing and transmission of Yellow Spark’s website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Content subject to change:
The Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
Modifications to Yellow Spark:
Yellow Spark reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Yellow Spark (or any part thereof) with or without notice. You agree that Yellow Spark shall not be liable to you or to any third party for any modification, suspension or discontinuance of Yellow Spark (or any part thereof).
Clarification on Terms and Conditions:
If you have any question, doubts or confusion in regard to any of the Terms and Conditions mentioned above, you should seek clarifications from us through email and should refrain from using the service until such clarification is provided for. Further, if you have any problem or suggestion regarding the accessibility of this Website, please Contact Us to enable us to respond in a helpful manner.
General Information:
- a) Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Yellow Spark and governs your use of Yellow Spark’s website, superseding any prior version of these Terms and Conditions between you and Yellow Spark with respect to Yellow Spark. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yellow Spark services, affiliate services, third-party content or third-party software.
- b) Choice of Law and Forum: You and Yellow Spark each agree that these Terms and Conditions and the relationship between the parties shall be governed by the laws of India without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to these Terms and Conditions, or the relationship between you and Yellow Spark, shall be brought exclusively in the courts located in Mumbai, India. You and Yellow Spark agree to submit to the personal jurisdiction to the courts located in Mumbai.
- c) Waiver and Severability of Terms: The failure of Yellow Spark to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
- d) No Right of Survivorship and Non-Transferability: You agree that your Yellow Spark account is non-transferable and any rights to your Yellow Spark User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
- e) Severability: If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to remain in full force and effect.
Violations:
Please report any violations of these Terms of Use here.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YELLOW SPARK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE YELLOW SPARK; (b) HIRING A PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON YELLOW SPARK; (c) THE COST OF HIRING A PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON YELLOW SPARK; (d) THE COST OF PROCUREMENT OF GOODS AND SERVICES BASED ON THE INFORMATION PRESENTED ON YELLOW SPARK; (e) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (f) STATEMENTS OR CONDUCT OF ANY PROFESSIONAL, USER, OR THIRD PARTY ON YELLOW SPARK; (g) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (h) ANY OTHER MATTER RELATING TO YELLOW SPARK.
NO COMMERCIAL RE-USE:
YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, TRADE, RESELL, OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OR USE OF, OR ACCESS TO, YELLOW SPARK (INCLUDING CONTENT AND ADVERTISEMENTS).
Interpretation of the Terms of Use:
The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of these Terms of Use.
The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of these Terms of Use to any Person or Persons or circumstances except as the context otherwise permits;
The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in these Terms and Conditions mean and refer to these Terms of Use and not to any particular Clause of these Terms of Use. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of these Terms of Use;
The recitals of these Terms of Use form an integral part of these Terms of Use;
Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of these Terms of Use) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under these Terms of Use and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and
No rule of construction or interpretation shall apply to the disadvantage or detriment of Yellow Spark for having control or being responsible for the preparation of these Terms of Use.