Terms & Conditions

Overview

Welcome to the Sparkuniv Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Sparkuniv.com ("Sparkuniv," "we," "us," or "our"), based on your location, and govern your access to and use of the Sparkuniv website, including but not limited to Sparkuniv.com and any subdomains thereof (collectively, the "Website"), and any related mobile applications ("Apps"), and the services offered through the Websites or Apps (collectively, the "Services").

By accessing or using the Website, Apps, or Services, you ("you" or "User") agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Website, Apps, or Services.



Acceptance of Terms

These Terms govern your access to and use of the Website, Apps, and Services. By accessing or using the Website, Apps, or Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you are using the Website, App, or Services on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on that entity's behalf and that that entity agrees to hold us liable for any breach of these Terms by you or that entity.



Changes to Terms

We may revise and update these Terms at any time, at our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Website, App, and Services thereafter.

Your continued use of the Website, App, or Services following the posting of revised Terms constitutes your acceptance and agreement to those changes. We encourage you to periodically review this page for the latest information on our Terms.



Eligibility

You must be 18 years of age or older to use the Website, App, and Services. By using the Website, App, or Services, you represent and warrant that you are 18 years of age or older and that you possess the right, authority, and capacity to enter into and abide by these Terms. If you are under 18, please immediately discontinue use of the Website, App, and Services.



Personal Accounts

To access certain features of the Website, App, or Services, you may need to create an account (a "Personal Account"). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to: (a) provide accurate, current, and complete information about yourself as prompted by the Site registration form (such information, the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Sparkuniv has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Sparkuniv has the right to suspend or terminate your account and refuse any and all current or future use of the Site, Application, and Services (or any portion thereof).



Product Availability and Pricing

All products and services offered on the Site are subject to availability. We reserve the right to impose quantity limits on any order, refuse all or part of an order, and discontinue providing products or services without prior notice, even after you have placed an order.

We have made every effort to ensure that the colors and images of products on the Site are as accurate as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate. Prices for our products and services are subject to change without notice.

We reserve the right to modify or discontinue any product or service (or any part or content thereof) at any time without notice.



Orders

We reserve the right to refuse any order you place. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card, and/or orders that use the same billing and/or shipping address.

If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of the order.

We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.



Payment

By providing a payment card, you represent and warrant that you are authorized to use that payment card and you authorize our third-party payment processor to charge your payment card for the total amount of your order (including all applicable taxes and other fees).

If the payment information you provide is rejected, or we are unable to process your transaction, your order may be canceled, suspended, or delayed. You are responsible for resolving any payment issues we encounter while processing your order.



Shipping

The prices of our products and services do not include shipping and handling charges or applicable taxes. Our delivery charges and methods are stated on our website and may vary depending on your location.

We are not responsible for any delays in shipping or delivery, and any delivery dates we provide are estimates only.

If you send your items outside of Hong Kong, you may be subject to import duties and taxes.These taxes and duties will be levied upon arrival in your country. You are responsible for these charges.



Returns

We want you to be completely satisfied with your purchase. If you are not satisfied in any way, you may return your item for a refund or exchange within 30 days of delivery. Please see our Refund Policy for details.



Grant of User License

Subject to these Terms, Sparkuniv grants you a non-transferable, non-exclusive license to download, install, and use the App on a mobile device owned or otherwise controlled by you (“Device”) solely in connection with the Services and for your personal, non-commercial use, and to access and use any content, information, and related materials that may be made available through the App for your personal, non-commercial use.



Restrictions

You may not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App; (b) modify, translate, adapt, merge, create derivative works from, disassemble, decompile, reverse engineer, or reverse engineer any part of the App, except to the extent that applicable law expressly prohibits the foregoing restrictions; (c) access the App to build a similar or competitive service or application; (d) except as expressly provided herein, you may not copy, distribute, republish, download, display, post, or transmit any part of the App in any form or by any means; and (e) remove or destroy any copyright notices or other proprietary markings on or contained in any App.



User Content

"User Content" means any and all information and content submitted by users to or used on the Site, Application, or Services. You are solely responsible for your User Content. You bear all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness, or any risk that you or any third party could be personally identified as a result of disclosure of your User Content. You represent and warrant that you own all of your User Content or have all rights necessary to grant us the license to your User Content as set forth in these Terms. You represent and warrant that: (a) your User Content and our use of it in accordance with these Terms, the Site, and the Services will not violate any law or infringe any rights of any third party, including, without limitation, any intellectual property rights, privacy rights, or publicity rights; (b) if your User Content contains personal information about others, you have obtained all necessary consents from such individuals to allow us to use their personal information in accordance with these Terms, the Site, and the Services; (c) your User Content and Sparkuniv's use of it in accordance with these Terms will not violate any law or regulation; and (d) your User Content would not be considered by any reasonable person to be offensive, profane, obscene, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.



User Content License

By submitting User Content through the Services, you hereby grant Sparkuniv a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site, the Application, and the Services and Sparkuniv's (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website and Services a non-exclusive license to access your User Content through the Website and Services and to use, reproduce, distribute, create derivative works of, display, and perform such User Content as permitted by the Website and Services' functionality and these Terms. The foregoing license granted in User Content you submit to the Website will terminate within a commercially reasonable time after you remove or delete your User Content from the Website. However, you understand and agree that Sparkuniv may retain server copies of your removed or deleted User Content, but may not display, distribute, or perform it. The foregoing license granted in User Content you submit to the Website is perpetual and irrevocable.

The Website, Application, and Services contain content owned or licensed by Sparkuniv (the "Content"). The Content is protected by copyright, trademark, patent, trade secret, and other laws, and as between you and Sparkuniv, Sparkuniv owns and reserves all rights in and to the Content and Services. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices contained in or accompanying the Content, nor may you copy, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Content.



Third-Party Services and Content

The Site, Application, and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not affiliated with or controlled by Sparkuniv. Sparkuniv does not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party websites, services, or content from the Site, Application, or Services, you do so at your own risk, and you understand that these Terms and Sparkuniv's Privacy Policy do not apply to your use of such websites. You expressly release Sparkuniv from any and all liability arising from your use of any third-party websites, services, or content. Furthermore, your dealings with, or participation in promotions of, advertisers on the Site, Application, or Services, including payment and delivery of merchandise and any other terms, are solely between you and such advertisers. You agree that Sparkuniv is not responsible for any loss or damage related to your dealings with such advertisers.



User Conduct

You agree not to engage in any of the following prohibited activities:

  • Use the Website, App, or Services for any unlawful purpose or any purpose prohibited by these Terms;
  • Interfere with or disrupt the Website, App, or Services, or servers or networks connected to the Website, App, or Services;
  • Use any device, software, or routine to bypass any security measures or interfere or attempt to interfere with the proper working of the Website, App, or Services;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website, App, or Services;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, App, or Services, the server on which the Website, App, or Services is stored, or any server, computer, or database connected to the Website, App, or Services;
  • Attack the Website, App, or Services via a denial-of-service attack or a distributed denial-of-service attack;
  • Collect or store personal information about other users;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Stalk, Harass, bully, or harm others;
  • Upload, post, transmit, share, store, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitation, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, transmit, share, store, or otherwise make available any third party's private or confidential information (including, but not limited to, addresses, telephone numbers, email addresses, social security numbers, credit card numbers, and any information about anyone that is embarrassing or that you are obliged to keep confidential) on or through the Site, Application, or Service;
  • Exploit, distribute, or publicly disseminate any error, mistake, or defect to gain unintended advantage;
  • Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any source code used by Sparkuniv in providing the Site, App, or Services in human-perceivable form;
  • Access the Site, App, or Services from any jurisdiction where it is illegal or unauthorized;
  • Remove any copyright, trademark, or other proprietary rights notices contained in the Site, App, or Services;
  • Violate these Terms or any applicable laws or regulations.



Intellectual Property

The Website, Application and Services and all of their content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Sparkuniv, its licensors or other persons who own such material and are protected by Hong Kong and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website, Apps, and Services for your personal, non-commercial use only. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on our Website, Apps, or Services, except as follows:

  • When you access and view such materials, your computer may temporarily store copies of those materials in RAM;
  • You may store files automatically cached by your web browser for display enhancement purposes only;
  • If we make certain content available as part of social media features, you may take actions permitted by such features.


You may not:

  • Modify copies of any materials from the Website, Apps, or Services;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

If you print, copy, modify, download, or otherwise use or allow any other person to access any part of the Site, App, or Services in violation of these Terms, your right to use the Site, App, or Services will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, App, Services, or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Sparkuniv. Any use of the Site, App, or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.



Termination

We may terminate your access to all or any part of the Site, App, and Services at any time, with or without cause, and with or without notice, effective immediately.

Without limiting the foregoing, we may terminate the account of any user who infringes the intellectual property rights of others upon proper notice to Sparkuniv from the owner or authorized agent.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if we believe that you have violated any provision of these Terms.

Upon termination of these Terms for any reason: (a) these Terms will continue to apply to you to the extent they relate to your prior use of the App and/or Services; (b) your license rights will immediately terminate and you must cease all use of the App and Services; and (c) you must immediately uninstall the App from your device.



Disclaimer

The Website, App, and related services are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Sparkuniv, its authors, or copyright holders be liable for any claim, damages, or other liability arising out of the use or inability to use the Website, App, or Services, whether based in contract, tort, or otherwise.

Sparkuniv does not guarantee that the Website, App, or Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the server that makes it available is free of viruses or other harmful components. Sparkuniv makes no representations or warranties regarding the accuracy, reliability, completeness, or the results of the use of the materials in the Website, App, or Services.

Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations or exclusions may not apply in your area.



Limitation of Liability

In no event shall Sparkuniv, its officers, directors, employees, agents, licensors, suppliers, or any third parties mentioned on the Site be liable for any damages whatsoever, including, but not limited to, incidental or consequential damages, personal injury or wrongful death, lost profits, lost data, business interruption, loss of business opportunity, loss of goodwill, and any special, punitive, or exemplary damages, arising out of the use, inability to use, or reliance on the Site, Application, or Services, or from access to linked sites and the content contained therein, whether based on contract, tort, or any other legal theory and whether advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event shall Sparkuniv's total liability to you for all damages, losses, or causes of action (whether in contract, tort, including negligence or otherwise) arising out of or in connection with this Agreement or the Site, Application, and Services exceed the amount paid by you to Sparkuniv, if any, for use of the relevant Site or Service.



Indemnification

You agree to defend, indemnify, and hold Sparkuniv, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any and all losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from your violation of these Terms. Sparkuniv reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with Sparkuniv in asserting any available defenses.



Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.



Enforceability

If any part of this Dispute Resolution Provision is held to be illegal or unenforceable, that part will be severed, and the remainder of these Terms will remain in full force and effect. If any provision of these Dispute Resolution Provision is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will remain in full force and effect. The Arbitration Agreement shall survive termination of these Terms.



Force Majeure

Sparkuniv shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any cause beyond its reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation (including "line noise" interference).



Severability

If any provision of these Terms is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue to be enforceable.



Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sparkuniv's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.



Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices posted by us on the Website, App, or Services, constitute the entire agreement between you and Sparkuniv relating to your use of the Website, App, or Services.



Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Sparkuniv's prior written consent. Any attempt by you to assign or transfer these Terms without Sparkuniv's prior written consent shall be void. Sparkuniv may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will be binding upon the parties, their successors, and permitted assigns.



Notices

Sparkuniv may provide you with notices, including those regarding changes to these Terms, by email, website postings, or other reasonable means now known or developed in the future. You are responsible for ensuring that your contact information on file with us is updated to receive these notices. You agree that all agreements, notices, disclosures, and other communications Sparkuniv provides to you electronically satisfy any legal requirement that such communications be in writing.



No Third-Party Beneficiaries

These Terms are for the benefit of you and Sparkuniv and are not intended to inure to the benefit of, or be enforceable by, any third party. The rights and remedies granted to the parties herein are exclusive and not intended to benefit any third party.



Contact Us

If you have any questions about these Terms, please contact us:

Email: support@sparkuniv.com

Company: JIAYU HARDWARE LIMITED

Company Address: RM 1202, FLAT A, 12/F, EFFICIENCY HOUSE, 35 TAI YAU STREET, SAN PO KONG

HONG KONG