TERMS AND CONDITIONS
SPRECT PRIVATE LIMITED, a company registered under the laws of India, with a CIN of U74999MH2019PTC322527, is the owner of the website sprect.com and the mobile application (iOS, Android and any other future platform) Sprect, operates from Mumbai City, Maharashtra, hereinafter collectively referred to as the “Website”.
These Terms and Conditions govern the usage of the Website and/or any of its services. The Terms and Conditions constitute a legally binding agreement between Sprect and the Customers. If customers do not agree to these terms, then they must stop using the services provided by the website immediately. All terms apply to the website and mobile application Sprect and the Customers.
Sprect retains the right to change or terminate any or all features or services offered on the Website.
1. DEFINITIONS
The Customers hereby unconditionally agrees that unless the context otherwise requires, the definitions listed below when used in these Terms and Conditions shall have the meanings attached to them and these terms shall be interpreted accordingly.
As used, “Sprect” is the platform rendering the services of connecting PROs with USERs in a varied range of professions for career growth and professional advice.
As used, “Applicable Law” includes all applicable statutes, enactments, acts of state legislatures or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or any other relevant jurisdiction.
As used, “USER” refers to an individual who uses the Website or any services offered on it.
As used, “PRO” refers to an individual who has offered to give his or her services on the Website.
As used, “Customers” refers to the PRO and the USER collectively.
As used, “Session” refers to any online, live, interactive and semi-interactive streaming sessions scheduled between the PROs and USERs from time to time.
As used, “Effective Date” shall mean the date on which the Customers has signed up or registered on the website of Sprect.
As used “Services” shall mean any and all services, whether through online and offline medium provided either directly and/or indirectly by Sprect.
As used “Connection Fees” shall mean all fees charged by Sprect for providing the above services of connecting PROs and USERs either directly and/or indirectly through online or offline medium.
2. LICENSE TO ACCESS
By submitting content to Sprect, the customer grants a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute their submitted content in any and all media or distribution methods (existing now or later developed). This includes making such submitted content available to other companies, organizations, or individuals who partner with Sprect for the syndication, broadcast, distribution, or publication of content on other media. Customers represent and warrant that they have all the rights, power, and authority necessary to authorize Sprect to use any content that they submit. Customers also agree to all such uses of the content with no compensation paid to them.
3. ELIGIBILITY
By agreeing to this agreement, Customers agree that they are above the age of 18 and can legally enter into a legally binding and enforceable contract. All customers must register and log in with their current and correct information, which may collect the following personally identifiable information about the customer, including but not limited to name, profile photo, email address, age, address, mobile phone number and other contact details, demographic profile (like gender, occupation, education, etc.).
In any event of misrepresentation of facts provided by such a creator or creation of a fake account, the creator of such a profile will be liable for all consequences. Sprect will not be held for any misrepresentation of facts by the profile maker. It must be noted that Sprect can delete any such fake accounts in the event of theft of identity or at their sole discretion.
The USER hereby releases and agrees to hold Sprect and its affiliated companies and the directors, officers, employees, agents, successors, Experts, consultants, assigns etc. of any of the foregoing, from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestions, information and/or service of any medical professional, mental health professional, physician, attorney or any other PRO in a field requiring licensure and/or certification.
Below is the Eligibility for PROs registering on the website. This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement:
3.1 ELIGIBILITY FOR PROS WITH CERTIFICATION
If a USER chooses to interact with any medical professional, mental health professional, physician, chartered accountant, attorney or any other PRO in a field requiring licensure and/or certification, the USER’s relationship, as with any other PRO, is strictly with the PRO.
PROs, such as medical professionals, mental health professionals, physicians, chartered accountants, attorneys or any other PRO in a field requiring licensure and/or certification to impart consultation in their field shall share the same certification with Sprect. PRO takes all responsibility to share valid self- certified copies of certification / license to practice with Sprect. USERs who wish to review such certification may write to Sprect to request the same.
3.2 ELIGIBILITY FOR PROS IN SPIRITUALITY & ASTROLOGY, LIFESTYLE OR LIFE COACHING
If a USER chooses to interact with any PRO in the Spirituality, Astrology, Lifestyle Section or life coach the USER’s relationship (as with all other PROs) is strictly with the PRO. Any opinion, response, advice, suggestion, prediction, information and/or other service provided by any such PRO is provided for career development, professional advice and information purposes only and Sprect does not validate the information or advice provided to the USER by such a PRO.
4. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD
Subject to any exceptions set forth in these Terms and Conditions or Additional Policies, Customers shall not:
(a) solicit to mail cash or use other payment methods not specifically permitted by Sprect as approved payment methods; (b) include links that do not conform to Sprect’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript while submitting content on the website; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) acknowledge or credit a third-party service professional for services to deliver services on their behalf (f) include third-party endorsements in a submitted content.
5. OWNERSHIP OF ALL THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
All content on the Website (exclusive of all submitted content), including without limitation, graphics, customer interfaces, visual interfaces, services, scripts, software, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively referred to as the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the website is owned, controlled or licensed by or to Sprect, and is protected by trademark laws, and various other intellectual property rights and competition laws.
Except as expressly provided in these Terms and Conditions, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Sprect’s express prior written consent.
If customers download or print a copy of such data for personal use, the customers must retain all copyright and other proprietary notices contained therein. Customers agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any data or enforce limitations on use of the website or the data therein.
6. PROHIBITION ON SENDING MESSAGES
Customers will not send messages to other customers containing offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Website.
Customers will not send any abusive messages, foul, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind language or any personal messages beyond the scope of the professional consultation requested.
7. INDEMNITY
All commercial/contractual terms are offered by and agreed to between Users and PROs alone with respect to products and services being offered by the PROs. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Sprect does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of such commercial/contractual terms between the Users and PROs.
Sprect is not responsible for any non-performance or breach of any contract entered into between Users and PROs. The Customers agree to indemnify Sprect for any and all losses suffered by the Customers due to PROs use of the Platform and interactions between Users and PROs pursuant thereto. Sprect cannot and does not guarantee that the concerned Users and PROs will perform any transaction concluded on the Platform. Sprect is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Customers agree to indemnify and hold Sprect, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including PRO’s fees), made against Sprect by any third party due to or arising out of or in connection with usage of the website.
8. NON-DISCRIMINATION POLICY
No PRO or USER will post information which is preference, discrimination or limitation based on race, color, national or ethnic origin, age, religion, disability, sex, sexual orientation, gender identity and expression, veteran status or any other characteristic protected under applicable Indian law.
9. PROHIBITIONS WITH RESPECT TO SERVICES
Customers shall not post content or items in any inappropriate context on the Website; violate any laws, third- party rights, Account Policies, or any provision of the Terms and Conditions; fail to deliver payment for Sessions purchased by him/her, unless the PRO has materially changed the description of the session to be conducted after USER negotiated an agreement for such Service or a clear typographical error is made; fail to perform Services purchased from PRO, unless the USER fails to materially meet the terms of the mutually agreed upon agreement for the Services, a clear typographical error is made, or PRO cannot authenticate the USER’s identity; manipulate the price of any service or interfere with other customers’ postings; circumvent or manipulate our fee structure, the billing process, or fees owed to Sprect.
Customers shall not post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website customer).
10. RATINGS AND FEEDBACK SYSTEM
By using this Website, customers agree that they will be rated on the basis of their conduct and quality of conversation between the PRO and USER. Customers shall not take any action that may undermine the Ratings and Feedback Systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website).
11. SESSION
A USER can avail the services offered by the PRO by requesting a session with him/her through Sprect, whereby, upon the confirmation of the PRO and after receiving the payment, a session is confirmed at the scheduled time offered by the PRO. A session can last for a maximum duration of 30 minutes or as updated/defined by Sprect from time-to-time. In the case of call drop or disconnection, PRO or USER can restart the call within a period of 1 hour from the scheduled call time. Sprect DOES NOT RECORD call content of a session.
Sprect is not involved in any way with the substance of that relationship or the advice or information imparted by the PRO during a session. Sprect will not be held liable for and makes no representation, warranty or guarantee whatsoever of:
1. The exactness and correctness of the information supplied by the PRO
2. Ability of the PRO to provide advice
3. Service or advice provided by the PRO
4. Satisfaction of the USER with regard to the services delivered by the PRO
5. Adequate solution of the USER’s question, doubt or query
6. Suitability of the service or advice provided by the PRO to the USER
7. Communications between the USER and the PRO
Once a session is scheduled, USER will be able to transfer documents (PDF format only) to PRO for his/her perusal. Sprect DOES NOT STORE these documents. USER bears all responsibility regarding the privacy of the documents and willingly waives any privacy by voluntarily sharing the documents with PRO.
12. USER CONDUCT
The Customers agrees that while using the services offered on the Website, he or she will abide by the following rules and regulations:
12.1 The Customers agrees to pay Sprect for all sessions rendered to him or her and abide by the pricing terms set by the Sprect while using the Website. The Customers agree that all interactions will be billed through the Website.
12.2 The Customers agree to not make any deal or arrangements outside of the Sprect website or platform to have contact with PROs contacted through Sprect.
12.3 The Customers consents to Sprect collecting and processing any personal information, as per the terms of Sprect’s Privacy Policy.
12.4 The Customers agrees to not be involved in any activity to disrupt servers or computers connected to the Website, gain unauthorized access to servers/computers connected to the Website; transmitting unlawful libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
12.5 The Customers will not violate any applicable local, state, national or international law.
12.6 The Customers will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law.
12.7 The Customers agree that opening any files sent or received across the Website is the sole risk of the customer and Sprect takes no responsibility for the material or content transferred through these files and any damage that may result from opening these files.
12.8 The Customers will not stalk, threaten or harass other Customers or infringe upon or attempt to infringe upon their privacy.
12.9 The Customers shall be responsible for his or her own Internet access, software, and hardware necessary to conduct a consultation with a PRO. Sprect shall not be held responsible for any lapse in internet connectivity due to factors outside of Sprect’s control such as, but not limited to, WIFI signal strength, Mobile Data strength, weather issues, etc.
12.10 The Customers shall be on time for any session scheduled.
12.11 Sprect hereby grants customers a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the Sprect Data (excluding any software source code) solely for personal usage in connection with accessing and participating in the Website. The Website may also contain Data of other customers or licensors, which customers shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
12.12 Customers consent to be contacted on the contact number shared by them by way of SMS or email notifications or messages or telephonic communication or in any other electronic form.
12.13 The Customers will NOT record the call without express consent of all parties involved in the call. If they do so, they’ll be liable for damages claimed by the recorded party.
13. FEES AND PAYMENT
The USER will pay the fees for the PRO’s Services offered through the Website as set forth on a PRO’s profile page on the Website, plus any applicable taxes, whereby the total fees will be collected at the time of booking to confirm such a scheduled session. Refunds may be available for paid sessions as described in our Refund Policy. The USER agrees to pay Sprect for any scheduled services by one of the methods described on the Website.
Sprect’s Service, which is subsequent to Sprect’s connection fees, is limited to establishing a session between a PRO and a USER, it DOES NOT INCLUDE the duration or the content of the session itself.
The Customers may be asked to provide customary billing information, such as name, billing address and credit or debit card information, either to Sprect or its third-party payment processor.
The Customers hereby authorizes the collection of such amounts by charging the credit or debit card provided as part of requesting the PRO Services, whether charged directly by the PRO or indirectly, via a third party online payment processor or by any other payment method described on the Website.
Customers agree that Sprect is acting solely as an intermediary for the collection of fees between a PRO and USER, who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, customers understand and agree that they are solely responsible for determining their own tax reporting requirements in consultation with tax advisors, and that Sprect cannot and do not offer tax advice to customers. Further, customers understand that Sprect shall not be responsible or liable in any manner in relation to tax liability of customers.
13.1 SERVICE FEE OF PRO
The PRO must list the price for the session to schedule inclusive of all taxes applicable for providing such services. The service provided by PROs is considered complete 72 hours after completion of such a session, whereby the fee for PRO’s services gets deposited to him/her within 48 hours from completion of service. If a USER believes that a PRO has intentionally deceived them during a session, the USER may request a refund of their service charges within 48 hours of session completion.
The PRO will be responsible to provide correct GST information in case he/she is GST registered. For GST registered PROs, Sprect will deduct applicable GST and deposit the same to the Indian Government. For GST registered PROs, fees listed by them for their services are INCLUSIVE of all taxes. All Fees displayed to the USER are INCLUSIVE of fees for the PRO’s Services, Sprect’s Service Fees and all applicable taxes.
13.2 REFUND POLICY
If the USER wants a refund of paid session purchased by him/her, Sprect will offer a refund only of the fees paid to the PRO (which is exclusive of the fees paid to Sprect) within 3 days after the completion of the session, and only upon the confirmation by the PRO that the session was not satisfactory to meet the requirements of the USER. For the avoidance doubt, USER will not be eligible for a refund of the service fees paid to Sprect for scheduling such a session. Refund once issued, can take 5-7 business days to reflect in your account.
13.3 ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO USERS WISHING TO USE FOREIGN CURRENCY FOR TRANSACTIONS
When the amount owed by the Customers of the website is paid using foreign currency (any other currency other than Indian currency), it shall be converted into the Indian equivalent amount in accordance with the Exchange Rate on the date of calculation and the bank charges applicable to process such a payment will be applicable over and above such a service fee payable to Sprect.
14. WARRANTY DISCLAIMER
Customers shall use the website and the services at their own risk. The website and the services are provided on an “AS IS, AS AVAILABLE” basis. Sprect expressly disclaims all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. Sprect disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (A) any errors in or omissions from this site and the services, including, but not limited to, technical inaccuracies and typographical errors, (B) third party communications, (C) any third party websites or content directly or indirectly accessed through links on the website, including but not limited to any errors or omissions, (D) the unavailability of all or any part of the website or the services, (E) use of the website or the services, or (F) use of any equipment or software in connection with the website or the services.
15. LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER SPRECT NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE USER’S USAGE OF THE WEBSITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. SPRECT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY SPRECT. SPRECT DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, SPRECT WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, USERS EXPRESSLY RELIEVE SPRECT FROM ANY AND ALL LIABILITY ARISING FROM THEIR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY, USERS ARE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT THEY VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.
16. REPRESENTATIONS AND WARRANTIES
Customers shall be solely responsible for their own Submitted Content and the consequences of posting or publishing it. In connection with submitted Content, customers affirm, represent, and/or warrant that they own or have the necessary licenses, rights, consents, and permissions to use and authorize Sprect to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms and Conditions.
17. EXCLUSIVE ARRANGEMENT
The PRO will not conduct sessions or arrange consultations with USERs gained through Sprect outside the purview of Sprect without express permission from Sprect. In an event of infringement of such an exclusivity as set by these terms by Customers, Sprect reserves the right to cancel their registration.
18. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between registered customers in connection with feedback, their interactions with any third party found on or through the Website, including payment of and performance of any service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between the customers or the customer and such a third party.
Sprect shall not be responsible for any loss or damage or any sort whatsoever incurred as a result of any transaction or dealings by the customer on or through the website. Customers releases Sprect, its directors, officers, employees, agents, successors, experts, consultants, assigns etc. from any claims, demands, and damages (Actual and Consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed relating to such disputes.
19. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Sprect. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Mumbai and the language of the arbitration shall be English.
Subject to the aforesaid, the Courts in Mumbai shall have exclusive jurisdiction over any proceedings arising in respect of such terms and conditions.
20. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
Sprect respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content posted on the site infringes the copyright or other intellectual property rights (“Infringement”) of any person. Sprect will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the website.
To notify Sprect of a possible Infringement, customers must submit a notice in writing to the attention of “Copyright Infringement” care of hello @ sprect .com and include in the notice a detailed description of the alleged Infringement sufficient to enable Sprect make a reasonable determination. Please note that customers may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing their copyright.
If Sprect removes or disables access to Content in response to a notice of Infringement, reasonable attempts will be taken to contact the customer whose posted the affected content. If customer feels that their Content is not infringing, a counter notice in writing can be sent to the attention of “Copyright Infringement Counter Notification” at hello @ sprect .com. Customers must include in their counter notice sufficient information to enable Sprect make a reasonable determination.
If customers have any questions about copyright infringement or the notification and counter-notification process under the Indian Copyright Act, 1957, we recommend the customer to speak with an attorney.
21. FORCE MAJEURE
Neither Sprect nor the customer shall be liable to the other for any delay or failure in performance under the Terms and Conditions, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
22. MODIFICATIONS
Sprect reserves the right to do any of the following, at any time, without notice:
(1) modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason;
(2) modify or change the website, or any portion of the website, and any applicable policies or terms; and
(3) interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The company will provide notice of such amendments by posting the revised terms and conditions on the Website. Customers acknowledge that by continuing to use or access our services after we have posted changes to these T&C, he/she is agreeing to such modified terms. If the customer does not agree to such revised terms, he/she must stop accessing or using the services immediately.
23. TERMINATION
Sprect may terminate or suspend any and all Services and/or a customer’s account immediately, without prior notice or liability, for any breach as per the Terms and Conditions. Upon termination of a customer account, the right to use the Services will cease immediately. If a customer wishes to terminate the Sprect account, the customer may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability. It is the customer’s responsibility to remove all Visual Content from their account prior to termination. Upon termination of the account, Sprect will automatically remove all Visual Content posted to such an account.
24. CONTACT US
The best way to get in touch with Sprect is to contact our Support Team. Please let us know about any questions, concerns, and feedback about our services.
Phone: +91-22-26790471
Email: hello @ sprect .com
Address: 401/A, Pearl Arcade, Dawood Baug Lane, Andheri West, Mumbai 400058
