TERMS AND CONDITIONS OF USE

SparksLife Worldwide OÜ

 

Please read carefully these Sparks Life Terms and Conditions of Use (hereinafter referred to as the the “Terms”), Privacy Policy located at App Store and Play Markethttps:// which are the integral part of these Terms (hereinafter collectively referred to as the "Agreement”) before using the Sparks Life application located at App Store and Play Market (the “Application”). If you disagree with these Terms, please do not use Sparks Life Services. 

When we use “We”, “Us”, “Our” or “Sparks Life” in the text of this Terms we mean SparksLife Worldwide OÜ, a company registered in Estonia at Tuukri 19-315, Tallinn, Estonia, registration number 14549959 and its affiliated companies, which are the developers and the owners of the different products and services under the brand “Sparks Life”, including but not limited to Sparks Life Application.

GENERAL PROVISIONS

The Agreement is a legally binding contract between you as a user in your natural person capacity (“the User”, “you” or “your” as the context require), on the one part, and Sparks Life, on the other part (hereinafter collectively be referred to as the “Parties” and individually as the “Party”) and regulates the mutual rights and duties of the Parties in respect of the use of the Sparks Life Services. 

The Agreement is a public offer and the User confirms its adoption and acceptance by clicking the "Accept and continue" button when creating a User account.

USE OF THE APPLICATION

By using our Application, you confirm that you accept these Terms and Conditions of Use and that you agree to comply with them.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the  Application.

We may prevent or suspend your access to the Application if you do not comply with any part of these Terms and Conditions of Use, any terms or policies to which they refer or any applicable law.

PRIVACY AND PERSONAL INFORMATION

Your privacy and personal information are the priority to us.  The confidentiality-related aspect of the relationship between the Parties shall be regulated by the Privacy Policy accessible at https:// and being an integral part of these Terms.

Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

SPARKS LIFE SERVICES

Sparks Life operates a platform for the provision of services related to arranging of yacht tours and rental of yachts. The objective of the operation of the Sparks Life Application is to provide information on the organization of yacht tours and rental of yachts. In the context of this, the Application provides information about the types of available for rent yachts and other water vehicles, as well as specific routes for yacht tours.

Our Application has 2 modes (which results in two types of Users: the Client and the Owner) :

1) Client mode.

Client obtains services related to renting of yachts and ordering yacht tours.

Within our platform Client is able to:

2) Owner mode.

Owner offers his services via our platform to the Clients. Services are limited to lease of yachts.

Within our platform Owner is able to:

USE OF THE SERVICES

  1. Registration process.

To be able to use our Services, User must first create a User account by following the procedure shown in the Application. Users are solely responsible for maintaining the confidentiality of their access codes to their email and User accounts. Sparks Life declines all responsibility if the Service is used by people other than User or people authorised by them in possession of their logins and passwords.

If User forgets his/her login or password, or these are improperly used by a third party, User undertakes to inform Sparks Life as soon as possible by email at company@a-sparks.com.

In order to create a User account, we’ll need you to provide:

  1. Publication of a listing.

In the Owner mode, the Owner may freely publish one or more Listings to offer a yacht for rental.

Owner undertakes to publish Listings that accurately describe the services offered (in particular price, condition of the yacht, etc).

By checking the box "Accept and continue" when creating a User account or publishing a Listing, the Owner understands and agrees that his/her Listing may also be published on the other websites or apps on Sparks Lifes’ discretion.

Each Owner is solely responsible for the content of the Listings published in the Application and for the accuracy and truthfulness of the information included in the Listing.

The Services provided by Sparks Life is confined to connecting yacht Owners and Clients. Under these circumstances, Sparks Life can not be held liable for the misleading or incorrect nature of a Listing.

Sparks Life does not act as guarantor for any Owner’s Listings.

The Listing must include at least one photo of the yacht and specify:

- the characteristics and location of the yacht;

- the yachting qualifications required for its use in the event of a rental or if the presence of a sailing licensed professional is required;

- the dates the yacht is available;

- the amount due per hour or per day if there is a delay in returning the yacht;

- the amount of any security deposit required for the yacht rental;

- any additional costs (bedding, cleaning);

- the conditions for cancelling the rental or Co-Sailing arrangement laid down by the Owner.

In the Listing published in the Application, Sparks Life will display the Rental Price corresponding to the total price in euros to be paid by the Client. This price includes all taxes and excludes fuel costs, unless otherwise specified in the Listing.

  1. Procedure for making an order.

In the Application, Client selects the yacht, start date and end date and, if applicable, any additional options proposed by the Owner in the Listing in question. This choice constitutes a Booking Offer for the yacht (the "Booking Offer").

When making a Booking Offer, Client enters his/her bank details and undertakes to (i) pay in advance the amount of the Rental Price by debit or credit card, and (ii) authorise Sparks Life to request the deduction of the security deposit from their bank accounts. Owner then has up to 72 hours to accept or refuse this offer. After this period, the Booking Offer will lapse and the Client will not be charged.

Owners may accept or refuse a Booking Offer at their sole discretion.

OWNERSHIP OF RIGHTS, HYPERLINKS AND THIRD-PARTY SITES

All rights, including copyright, know-how, trademarks and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, in and to the Application are owned by or licensed to us unless otherwise indicated.

Your use of the Application and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Application or its contents.

Where our Application contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

LIMITED LIABILITY

IN NO EVENT WILL SPARKS LIFE, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OWNERS, DIRECTORS AND OFFICERS, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE  THE APPLICATION; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SPARKS LIFE   WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL SPARKS LIFE, INCLUDING ANY OF ITS SERVICE PROVIDERS', BEAR COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.00.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

WE DO NOT GUARANTEE THAT OUR APPLICATION WILL BE SECURE AND FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY. YOU MUST USE YOUR OWN VIRUS PROTECTION SOFTWARE WHEN ACCESSING OUR APPLICATION ON YOUR DEVICE.

CHANGES TO THESE TERMS AND CONDITIONS OF USE

We reserve the right to change and update these Terms and Conditions of Use from time to time. In the event of changes made to these Terms, the modified version will be immediately published in the Application. You should regularly review these Terms. If the changes in these Terms are significant, we will do our best to inform you about the changes and to make such changes clearly introduced to you. If changes to these Terms are not significant, we will notify you of such changes by posting the updated Terms in our Application. 

GOVERNING LAW

This Agreement shall be governed by and construed according to the laws of the Republic of Estonia. For all matters not covered in this Agreement, Parties shall be governed by the laws of the Republic of Estonia.

Any disputes that may occur as a result of implementation of the present Agreement and other agreements established between the Parties, are resolved in compliance with legislation of the Republic of Estonia.

CONTACT US

You understand and agree that all communication with you will be via email. 

Please contact us if:

 

 

You may contact us by E-mail at: company@a-sparks.com.

MISCELLANEOUS

These Terms and Conditions of Use come into force on May 1, 2023.

 

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