This document is an electronic record and is governed by the Information Technology Act, 2000. As an electronic record generated by a computer system, it does not require any physical or digital signatures.
This document is published in compliance with applicable laws and regulations that require the disclosure of rules, regulations, privacy policy, and Terms of Use for accessing or using Gensparc’s products/solutions, including IVR, web-based applications, and mobile applications.
The website located at www.gensparc.com (“Website”) is owned and operated by Gensparc Technologies Private Limited (“Company”), a company incorporated under The Companies Act, 1956, with its Corporate office at A3/303, Tower-6, Silver City-2, Sector Pi-2, Greater Noida, Uttar Pradesh 201310, INDIA.
In these Terms of Use, the terms “You” or “User” refer to any natural or legal person who creates a registration or membership account on this Website, agrees to avail Our Services (defined hereinafter) through this Website, or accesses our Website in any manner. The terms “We,” “Us,” “Our,” or “Website” refer to Gensparc Technologies Private Limited or its affiliates or agents.
The Company is engaged in the business of information and technology services and owns indigenously developed software and original business methods related to virtual and/or cloud communication services, web, and mobile applications. The Company operates various websites and other services, collectively referred to as the “Services,” which include the delivery of information and content via mobile or internet-connected devices.
These Terms of Use govern your use of this Website. By accessing or using the site, you agree to be bound by these Terms of Use. Any membership accounts you create through registration on this Website or any purchase or use of products or services available through this Website are subject to these Terms of Use.
We reserve the right to update these Terms of Use at our sole discretion without prior notice. Your continued use of the Website after any updates to these Terms of Use will indicate your acceptance of the amended terms. By continuing to use the Website, you consent to such updates.
Use Of Content
All logos, brands, marks, headings, labels, names, signatures, numerals, shapes, or any combinations thereof appearing on this website, unless otherwise noted, are the properties either owned or used under license by the Seller’s business and/or its associated entities featured on this Website or the App. The use of these properties or any other content of this App, except as provided in these terms and conditions or in the App content, is strictly prohibited.
You are not permitted to sell or modify the content of this App. Furthermore, you may not reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the written permission of the Sellers.
Acceptable website use
Security Rules
Visitors are strictly prohibited from violating or attempting to violate the security of the App. This includes, but is not limited to, the following actions:
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Unauthorized access or attempting to access data not intended for the user or logging into a server or account without proper authorization.
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Probing, scanning, or testing the vulnerability of a system or network, or attempting to breach security or authentication measures without proper authorization.
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Interfering with the service provided to any user, host, or network, including but not limited to, the submission of viruses or "Trojan horses" to the Website, overloading, "flooding," "mailbombing," or "crashing."
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Sending unsolicited electronic mail, including promotions and/or advertising of products or services.
Violations of the App’s security rules may result in civil or criminal liability. The Seller and/or its associated entities have the right to investigate suspected violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations.
General Rules
Buyers are prohibited from using the App to transmit, distribute, store, or destroy material that:
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Could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation.
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Infringes upon the copyright, trademark, trade secret, or other intellectual property rights of the Seller or violates the Seller's privacy, publicity, or other personal rights.
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Is libelous, defamatory, pornographic, profane, obscene, threatening, abusive, or hateful.
By using the App, users agree to comply with these rules and understand that any violation may result in appropriate legal actions being taken against them.
Termination
You have the option to deactivate your membership account at any time. However, we retain the right to deny access, suspend, or terminate your access to the Website, service or application without prior notice for various reasons, including a violation of any of these Terms of Use by you.
If your account or services are terminated, suspended, or put on hold due to non-payment, non-renewal of services, or a shortage of call minutes credit in your account, we will not be held liable for such actions. In such cases, our obligations will not extend to cover those specific instances.
Payments of Services
Payment shall be made in advance and you agree to employ any of the electronic or other modes of payment available against the fee you make to our Website (i.e., net banking, debit cards, credit cards, prepaid wallet, other electronic means). You understand and acknowledge that We are expressly authorized to collect, process, facilitate and remit this fee made electronically by You.
Usage charges will be billed on the basis of the actual usage at the end of every month, which should be clear within 15 days from the date of receipt of Invoice.
Service rental charges will be taken ahead of service on prepaid basis.
The invoice(s) submitted by Us shall be subject to inspection and verification by the User and any discrepancies therein shall be brought to Our notice within 7 days of receipt of the invoice(s). If necessary, We shall modify and provide an amended invoice(s) and User will make the payments as per the modified invoice(s). Goods and Services Tax (GST) will be additional as applicable.
Gensparc has been registered with MSME (MSME #: UDYAM-UP-28-0036232)
The Micro, Small and Medium Enterprise Development (MSMED) Act, 2006 contains provisions of Delayed Payment to Micro and Small Enterprise (MSEs). If any micro or small enterprise that has MSME registration, supplies any goods or services, then the buyer is required to make the payment on or before the date agreed upon between the buyer and the micro or small enterprise. In case there is no payment date on the agreement, then the buyer is required to make payment within fifteen days of acceptance of good or services. Further, in any case, a payment due to a micro or small enterprise cannot exceed forty-five days from the day of acceptance or the day of deemed acceptance. In case of failure by the buyer to make payment on time, the buyer is liable to pay compound interest with the monthly rests to the supplier on the amount at the three times of the bank rate notified by RBI in case he does not make payment to the supplier for his supplies of goods or services within 45 days of the acceptance of the goods/service rendered.
Fair Usage Policy
This Fair Usage Policy is designed to prevent fraudulent and abusive use of Gensparc services by a small number of customers. FUP is applicable to all customers irrespective of the plan and features. Gensparc may charge, halt, ignore or terminate the service of individual customer based on usage and charge and potential of customer if found violating FUP. Following factors are used to determine the fair usage:
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The purpose and character of the use, including whether such use is of an unethical, drugs, abuse, financial frauds and any other illegal activity.
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The use of the service against Gensparc in any manner, directly or indirectly, which include reverse engineering, trade secret revealing and also design and feature copying by any other company or individual.
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The use of the service aiming or causing damage to service or impact smooth running of service by generating unnecessarily access of requests.
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Limits to be honoured:
i. Web portal access: 500 web page requests per account login per day.
ii. 500 API requests per day, 100 API requests per hour, 20 API requests per minute, per account
iii. Upload/download up to 100 files per account per day.
Refund Policy
We will only be liable to refund the part of services unused by the client.
However, the refund will be governed by certain terms and conditions as follows:
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Gensparc is not obliged to make any refund if the subscriptions have been bought at a discount of 10% or more;
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Client’s account must abide by the Fair Usage Policy
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Refund claims will only be processed if the refund has been sought within 30 days of the Activation.
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In the absence of plausible cause, no refund claims will be entertained once service acceptance is received from the user. Also, We will not be liable to refund the User in cases of force majeure or outages where We do not have a control over the resolution time, for example, Outages at the end of our Telecom Partners, Cloud Partners, Internet Services Providers or Internet Hackers.
Intellectual Property Rights
Gensparc Technologies Private Limited is the rightful owner of this Website and any application of which usage rights are given to you for a fee. All rights, titles, and interests in the Content available on or via the Website, including the Website’s look and feel, designs, trademarks, service marks, trade names, and Website URLs, belong to Gensparc Technologies Private Limited or its licensors. These rights are protected by copyrights, trademarks, patents, and other proprietary rights and laws.
The Website and its Content and any application provided to you for usage are subject to copyright laws and are the property of Gensparc Technologies Private Limited, its partners, affiliates, or contributors. The copyrights in the Content are owned by Gensparc Technologies Private Limited or other copyright owners who have authorized their use on the Website. Manipulating or altering the images or other Content in any way is strictly prohibited.
Communication
By using our Website, you give your consent to receive communications from us via email, phone calls, and SMS related to your transactions on our Website. To facilitate such communication, users are required to register their valid phone numbers and email addresses.
In addition, we may utilize your email address to send you updates, newsletters, and other relevant information.
Indemnity
The Buyer unilaterally agrees to indemnify and hold harmless, without objection, the Seller, including its executives, officers, directors, employees, and agents, from any claims, actions, demands, liabilities, losses, or damages arising from their use of Gensparc’s products/services or their breach of the terms and conditions.
Liability
The Buyer acknowledges and agrees that neither the Seller nor its group companies, directors, officers, or employees shall be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes damages resulting from the use or inability to use the service, the cost of procuring substitute goods or services, or any goods, data, information, or services obtained or transactions entered into through the service. It also includes damages resulting from unauthorized access to or alteration of user transmissions or data, or any other matter related to the service. Such damages may include, but are not limited to, loss of profits, use, data, or other intangible losses, even if the Seller has been advised of the possibility of such damages.
Furthermore, the Buyer agrees that the Seller shall not be liable for any damages arising from the interruption, suspension, or termination of the service, whether justified or not, negligent or intentional, inadvertent or advertent. The Buyer also agrees that the Seller shall not be responsible or liable for the statements or conduct of any third party using the service.
In no event shall the total liability of the Seller to the Buyer for all damages, losses, and causes of action exceed the amount paid by the Buyer to the Seller, if any, that is directly related to the cause of action.
Disclaimer
The Seller, along with any parties, organizations, or entities associated with the corporate brand name Gensparc or otherwise, shall not be liable for any damages whatsoever, including but not limited to incidental and consequential damages, lost profits, damage to computer hardware, loss of data, information, or business interruption. This applies to the use or inability to use the App and the Website material, regardless of whether the damages are based on warranty, contract, tort, or any other legal theory, and regardless of whether the Seller or its entities were informed of the possibility of such damages.
Waiver
Any failure on our part to exercise any provision or right under these Terms of Use shall not be considered a waiver of that provision or right by us.
Governing Law and Dispute Resolution
These Terms of Use shall be governed and interpreted in accordance with the laws of India, without regard to its conflict of law provisions. In the event of any disputes, both parties agree to appoint a single arbitrator through mutual agreement. If the parties are unable to nominate an arbitrator, the appointment shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, or any relevant statutory enactment. The arbitration proceedings shall remain confidential, and neither party shall disclose the existence, content, or results of the arbitration, except as required by law or for the enforcement of the arbitration award, which shall be binding on both parties. All administrative fees and expenses related to arbitration shall be shared equally between both parties. Each party shall bear the expenses of its own legal representation and preparation in all arbitration proceedings. The seat of arbitration shall be in New Delhi, and the proceedings shall be conducted in English.
Contact Information
If you have any questions or concerns regarding these Terms of Use, the Website, or any information contained therein, you can reach us by writing to info@gensparc.com. We will be happy to assist you.