Sparksoft Sdn Bhd
Terms and Conditions of Use
Below are our Terms and Conditions of Use. Please read them carefully as they contain some very important information regarding your rights and obligations. We tried to make it as clear and concise as possible because let’s face it, no one wants to read these (our lawyers made us include it!). If you have questions about any of the terms, please let us know and we can help clear up any confusion.
General Terms
This agreement applies to any use of and access to our software service, website or applications (collectively “Services”) to you and your affiliates. By accessing or using the Services (or enabling access to an affiliate), you agree to be bound by the terms and conditions, all applicable laws & regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing any Services. The contents contained within Membership Suite are protected by applicable copyright and trademark laws.
Our Privacy Policy explains how we collect and use information that is submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
Sparksoft Sdn Bhd may revise the terms of the agreement at any time without prior notice. By using the Services, you are agreeing to be bound by the current version of these terms and conditions of use.
Services
Sparksoft Sdn Bhd will make the Services to which you have subscribed available, subject to the terms and conditions of this agreement.
We reserve the right to suspend any Services (a) during planned downtime, (b) in connection with a Force Majeure event, or (c) if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features or functions of the Services at any time.
Although the Services may allow you to access or use third-party offerings, they are not “Services” under this agreement. Sparksoft Sdn Bhd does not control third-party offerings and will have no liability to you or affiliates in connection with any third-party offerings. Your use of external offerings is at your own risk and is subject to any additional terms, conditions, and policies applicable.
Fees and Payments
Fees for the subscribed Core Services are set forth on our website (www.membershipsuite.app/pricing/).
i. You agree to pay Sparksoft Sdn BhdSubscription Fees and any other applicable fees otherwise specified in this agreement.
ii. All payment obligations under this agreement are non-cancellable and all fees paid are non-refundable.
iii. Unless otherwise stated, fees must be paid in advance of each billing period.
iv. You will provide Sparksoft Sdn Bhdwith valid and updated credit card information or another form of payment acceptable to Sparksoft Sdn Bhd.
v. If you provide credit card information, you represent that you are authorized to use the card and you authorize Sparksoft Sdn Bhd to charge the card for all payments hereunder.
vi. Sparksoft Sdn Bhd is not responsible for any charges or expenses (e.g., overdrawn accounts, exceeding credit card limits, rejected payments, etc.) resulting from charges billed by Sparksoft Sdn Bhd.
vii. You agree to reimburse Sparksoft Sdn Bhd for any penalties, fees, overages, or charges incurred because of a rejected charge or payment.
viii. By submitting payment information, you authorize Sparksoft Sdn Bhd to provide that information to third parties for purposes of facilitating payment.
ix. You agree to verify any information requested by Sparksoft Sdn Bhd for purposes of acknowledging or completing any payment.
If you believe a payment has been processed in error, you must provide written notice to Sparksoft Sdn Bhd within sixty (60) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by Sparksoft Sdn Bhd within the sixty (60) day period, the payment will be deemed final.
Your subscription will auto renew until stopped. You can cancel your subscription at any time by providing 30 days written notice. Refunds will not be given for any unused portions of the Paid Subscription on a non-contractual/non-committal basis.
For example, if you are subscribing to a ONE MONTH Paid Subscription and cancel during a given month, you will be charged for the whole given month and maintain access to the Paid Subscription through the end of that month.
The cancellation of a Paid Subscription will go into effect at the end of your current billing cycle. When your Paid Subscription ends, your account will have access only to the free section of the app. You can renew your subscription at any time without opening a new account, subject to price increases. Any other refunds will be in accordance to the refund schedule set out in the Subscription Form upon application.
Intellectual Property Rights
Sparksoft Sdn Bhd grants you a limited, non-exclusive, non-transferable, revocable license to use the Services during the subscription term. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy materials.
- Attempt to decompile or reverse engineer any software contained on the Sparksoft Sdn Bhd website.
- Remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or “mirror” the materials on any other server.
This licence shall automatically terminate if you violate any of these restrictions set by Sparksoft Sdn Bhd at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Any claim relating to the Sparksoft Sdn Bhd website shall be governed by the laws of Malaysia without regard to its conflict of law provisions.
Term, Termination, and Suspension
Unless otherwise specified, the term of this agreement will be on a month-to-month basis (“Subscription Term”). The Subscription Term commences on the effective date and will automatically renew monthly until either party terminates in accordance with this agreement. Either party or Sparksoft Sdn Bhd may terminate the agreement and/or any subscription at any time, for any reason or no reason, by providing notice to the other Party at least thirty (30) days before the end of the relevant Subscription Term. For example, if you would like to cancel on 30 June, you will need to provide written notice of cancellation by 30 May.
Sparksoft Sdn Bhd may terminate this Agreement and/or any subscription, effective immediately upon notice to you if you or an Affiliate are in material breach of this agreement. In the event of a termination for material breach, in addition to other amounts you may owe Sparksoft Sdn Bhd, you must immediately pay any unpaid fees associated with the remainder of the Subscription Term. In no event will any termination relieve you of your obligation to pay any fees payable to Sparksoft Sdn Bhd for the period prior to the effective date of termination
Sparksoft Sdn Bhd will make your data available to you throughout your Subscription Term and for a period of no greater than thirty (30) days following a notice of termination. It is your responsibility to retrieve all necessary data prior to the final date of your Subscription Term. If at any time during the Subscription Term you require assistance from Sparksoft Sdn Bhd in retrieving your data, additional fees may apply. Upon termination or expiration of the Subscription Term, Sparksoft Sdn Bhd is no longer responsible for retaining or making your data available to you.
Sparksoft Sdn Bhd reserves the right to suspend or terminate your access to and use of the Services (or any portion thereof) at any time without notice if we believe
i. That any activity or use of Services in connection with your account violates this Agreement, the intellectual property rights of a third party or applicable laws, or is otherwise disruptive or harmful to Sparksoft Sdn Bhd or any third party or;
ii. That we are required to do so by law.
Warranties and Disclaimers
You agree to provide Sparksoft Sdn Bhd with complete and accurate account information, including your legal company name, street address, email address, bank account, and such other information as requested by Sparksoft Sdn Bhd (collectively, “Account Information”). You are responsible for the accuracy and timely update of Account Information, and you agree to promptly notify Sparksoft Sdn Bhd in writing if any changes are made to Account Information. Sparksoft Sdn Bhd is not responsible for any loss or damages caused, either directly or indirectly, by inaccurate Account Information.
The materials on the Sparksoft Sdn Bhd website are provided “as is”. Sparksoft Sdn Bhd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Sparksoft Sdn Bhd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials.
In no event shall Sparksoft Sdn Bhd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Sparksoft Sdn Bhd website, even if Sparksoft Sdn Bhd or a Sparksoft Sdn Bhd authorized representative has been notified orally or in writing of the possibility of such damage. This is due to the fact that some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages. These limitations may not apply to you
The materials appearing on the Sparksoft Sdn Bhd website could include technical, typographical (it’s just a typo, relax), or photographic errors. Sparksoft Sdn Bhd does not warrant that any of the materials on its website are accurate, complete, or current. Sparksoft Sdn Bhd may make changes to the materials contained on its website at any time without notice. Sparksoft Sdn Bhd does not, however, make any commitment to update the materials.