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These Terms and Conditions ("Terms") govern your access to and use of the Sparklomobile application, website (https://www.sparklo.com/), and the services provided in connection with Sparklo’s proprietary reverse vending machines(“RVMs” or the “Equipment”), the integrated operational system, and the incentive-based bonus platform (collectively, the “Services”).
This document and the other documents that we reference below make up the terms and conditions governing Your use of the Services (collectively, the “Terms”). The Terms are a legally binding contract between You and Sparklo. In short, if You don’t agree to the Terms, You are not permitted to use the Services. Put another way, Your use of our Services means You agree with and intend to be bound by these Terms.
1. “Agreement”means the agreement between Sparklo and You for the provision of the Services and includes these Terms (including all documents referenced in these Terms).
2. “Bonus Program” or “Sparklo Rewards Club” aprogram to incentivize the submission of Empty Containers for recycling by accruing and using Bonuses, organized by Sparklo.
3. “Bonus”or “Sparklo Points” means a virtual conditional unit within the Bonus Program, credited to a participant upon submission of Empty Containers via Sparklo reverse vending machines(RVMs), in accordance with Public offer of the bonus program of Sparklo.
4. “Content” means any information You upload or post to the Services and any information provided by You to Sparklo in connection with the Services, including, without limitation, Personal Information.
5. “Empty containers” means used empty plastic and/or aluminum cans and/or other similar recyclable product.
6. “Intellectual Property” means all systems, applications, software code (in any form, including source code, executable or object code), algorithms, technology, programs, databases, designs, diagrams, documentation, drawings, charts, ideas, inventions, trademarks (whether registered or not), brand names, logos, slogans, methods, techniques, models, procedures, processes, and includes all copyrights, rights associated with works of authorship, trademark rights, trade name rights, trade secret rights, patent and industrial property rights, and other property rights in each of the foregoing.
7. “Personal Information” means any information about an identifiable individual, including, without limitation, data or information entered into the Services by You or by any body authorized by You to use Your account for the Services (for example, Your name, phone number, address, email address, and rating).
8. “Personal account” or “Account” means an account of the Bonus Program Participant in the Sparklo Mobile Application or on the website.
9. “Reverse vending machines” (RVMs) or“Sparklomats” means the equipment for accepting Empty containers, produced by SPARKLO General Purpose Machinery Parts Manufacturing LLC, providing participation in the Bonus Program.
10. “Sparklo” or “Us” or “We”or “Our” means or refers to the Company: SPARKLO General Purpose Machinery Parts Manufacturing LLC, registered in accordance with the legislation of UAE, with its principal place of business at WIZN4-02 Shed No.N4 Al Hamra Industrial Zone-NFZ RAK, United Arab Emirates, license № 26000623.
11. “Services” means each of the following: Sparklo.com website, each other website which is controlled by Sparklo, each of Sparklo’s mobile applications available for use or download through our websites or through third party providers (such as (but not limited to) the Google Play Store and the Apple App Store), and any other services provided by Sparklo from time to time, except to the extent that such other services expressly contain their own terms and conditions. The Sparklo is the owner of cutting-edge AI-powered reverse vending machines (RVMs or the ”Equipment”) and Clothing Banks, the unique operational system integration thereto (RVMSI), mobile application and unrivaled motivational award system that Sparklo has successfully invented, designed, developed, and produced with relevant trademark and technology and wishes to promote and use the Equipment in the United Arab Emirates (the UAE) and in other countries to inspire sustainable behavior and promote global recycling efforts (collectively, the “Services”).“Services” includes any updates, upgrades, patches, technology, enhancements, data, features, and contents, as it may be added or removed by Sparklo from time to time and includes all written information, documentation, and materials provided to You in respect of same.
12. “Sparklo Mobile Application” or “SparkloApp” or ‘App” meanssoftware used by individuals on mobile phones, smartphones, or computers(including tablets) connected to the Internet to access the Sparklo’s automatedsystems for earning bonuses, purchasing goods, or obtaining services.
13. “Website” means the Website of Sparklo: https://www.sparklo.com/
14. “You” or “Your” or “User” refers to the party entering into this Agreement with Sparklo and includes the person, entity, or organization having control of the use of the Services and any successor of same.
2.1. Sparklo Points have no cash value and cannot be exchanged for money or used as legal tender. Their purpose is strictly limited to incentivizing recycling behavior within the scope of the Sparklo Program.
2.2. You will only use the Services in accordance with the following rules:
1) You will use the Services only for Your own personal purposes.
2) You will not use the Services as a service for any third party.
3) You will not modify, copy, create derivative works from, reverse engineer, decompile or disassemble the Services. You will not interfere with or try to disrupt the Services, for example by distributing a virus or other harmful computer code.
4) You will not download or use the Services (and if downloaded You will immediately uninstall and destroy the Services) if such download, installation or use of the Services is prohibited under applicable.
5) You will not violate any laws in connection with Your use of the Services.
3.1. Our privacy policy details how Your information is used and processed when You use the Services. By using the Services and App, You agree that we can use and process Your information in the ways set out in our Privacy Policy, found at the following link: https://www.sparklo.com/legal-privacy. This Policy describes Sparklo’s procedures on collecting, processing, transferring, and storing your personal data when you use the Services and informs you about your privacy rights and how the law protects your information. You also acknowledge and agree to the sharing of your personal data with Sparklo for the purposes outlined in the Privacy Policy.
3.2. If you believe your personal datahas been processed in violation of applicable laws, you may contact us at support@sparklo.com. We are committed to resolving any issues in accordance with applicable data protection legislation.
4.1. In order to access the Services, You must become a User by registering for an Account through the Sparklo App. You are solely responsible for the use of Your Account and must ensure that You keep all passwords secure. All use of Your Account is deemed to be use of the App by You for the purposes of these Terms.
4.2. As part of the registration process, or as part of your continued use of the Services, You may be required to provide Us with personal information (Information) about yourself (such as identification or contact details), including:
· your email address;
· your full name;
· your telephone number;
· your password; and
· your postcode.
4.3. You warrant that any Information You give to Us is accurate, correct and up to date. It is Your responsibility to inform Us of any changes to that information (including without limitation your email address), by updating your details on the relevant section of the Sparklo App.
4.4. You are not eligible to be a Member and You may not use the Services if:
4.5. You are not 18 years of age orolder; or you do not have your parental or guardian consent to share your personal data with us.
4.6. Once You have completed the registration process and have been assigned a membership number, You will be registered as a User of the Bonus Program.
5.1. Use of Sparklo Reverse Vending Machines (RVMs):
Sparklo Services enable you, via the Mobile App or by registering directly at the RVM, to insert empty plastic bottles, aluminum cans, and other recyclable materials into Sparklo Equipment.
Unless otherwise agreed to in a separate written agreement with Sparklo,the Services are provided solely for your personal, non-commercial use.
More detailed instructions for using our RVMs can be found in the input window of the Equipment, as well as in the Sparklo App.
5.2. Bonus Program and Sparklo Points:
5.2.1. By registering in the Sparklo mobile application and via registration in the RVMs, the User agrees to participate in the Bonus Program in accordance with the terms of the Public Offer of the Bonus Program of Sparklo. The User accepts the offer under the terms set out in the Policy, including all its annexes, by entering the verification code into the special field in the mobile application and confirms participation in the Bonus Program. By accepting the terms of the Bonus Program, the User consents to receiving notifications from Sparklo via SMS messages. All terms and conditionsof participation in the Sparklo Bonus Program are described in the Public Offer of the Bonus Program of Sparklo.
5.2.2. You may skip identification to donate anonymously, but no Points will be credited.
5.2.3. Sparklo reserves the right to update bonus rates, daily deposit limits, and accepted item types at any time. These updates will be reflected in the Sparklo App.
5.3. Subscriptions: Users may subscribe to certain content offered on the Sparklo Website or App. All commercial terms of the offered subscription will be specified at the time of subscription. By subscribing, Users authorize Sparklo to charge the applicable fees using the payment method provided. Subscriptions may be offered on a recurring basis, and in such cases, Users agree that Sparklo may automatically charge the subscription fee at the applicable billing interval until the User cancels the subscription. Users may cancel a subscription at any time through their Account settings or by contacting support. Sparklo reserves the right to change the pricing or content of any subscription offering, with reasonable prior notice to Users.
You are responsible for all of Your use of, and access to, the Services, including where such use and /or access is by others who are authorized by You to use the Services. You acknowledge and agree:
1. That You are 18 years old or older. If You are under 18 years of age, You are not authorized to use the Services.
2. To take reasonable actions to prevent unauthorized access to, or use of, the Services, and to notify Sparklo promptly of any unauthorized access or use.
3. To provide complete and accurate information about Yourself.
4. That You are responsible for Your Accounts and any activity on Your accounts. If You share an Account with other people, then the person whose billing informationis on the Account will ultimately be responsible for all activity. If You are registered as a business entity, You personally guarantee that You have the authority to agree to the Terms on behalf of the business.
5. That Your accounts are not transferable.
6. That You are responsible for all Content. All Content belongs to You, including anything You post using the Services (such as names, profile pictures, listingphotos, listing descriptions, reviews, comments, videos, usernames, and Personal Information). You represent that You have all necessary rights to Your Content and that You’re not infringing or violating any third party’s rights by posting it.
7. To protect Your password(s).
8. To comply with all applicable local, state, provincial, federal and foreign laws in using the Services, including without limitation all applicable privacy laws,and laws for the protection of Personal Information.
9. Not to engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Sparklo, another Sparklo user, or a third party.
10.Not to use the Services to engage in any deceptive, misleading, illegal or unethical marketing activities or activities that otherwise may be detrimental to Sparklo.
11.Not to collect, use, or disclose any Personal Information in connection with the Services, unless You have obtained all necessary consents under all applicable laws to do so.
12.Not to attempt to gain unauthorized access to the Services.
13.Not to upload to, or store within, the Services any false, misleading, infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights.
You will not use the Services to sell anything that violates any laws, or to sell any of the following types of prohibited items:
1. IllegalI tems or items promoting illegal activity.
2. Alcohol,tobacco, drugs or drug paraphernalia.
3. Hazardous materials, recalled items and weapons.
4. Pornography and mature content.
5. Dangerous items.
6. Hate items, such as items that promote, support, or glorify hatred.
7. Animal products and human remains.
8. Internationally restricted items.
9. Violent Items and items that promote, support, or glorify violence.
The above list is not intended to be exhaustive. We consider many factors before coming to a decision about what is best for Our users and our community. Ultimately, however, the decision as to whether or not an item is prohibited rests with Us.
8.1. Our Ownership.
8.1.1. The Services and all Intellectual Property in the Services or made available or disclosed to You in the provision of the Services are and shall remain the sole and exclusive property of Sparklo. No rights, title, or interest in the Intellectual Property are granted to You. Sparklo and its affiliates shall own all rights, title and interest, including all Intellectual Property, in and to any improvements to the Services or any new programs, upgrades, modifications or enhancements thereto, even when such refinements and improvements result from Your requests or comments.
8.1.2. The names “Sparklo” and the other Sparklo trademarks, phrases, slogans, stories, brands, logos, and designs that We use in connection with the Services, are trademarks of Sparklo(collectively, “Our Marks”). You are not authorized to use Our Marks in any way except with our express consent, in our sole discretion. In all cases, you may not use Our Marks except for purposes consistent with our core values, namely, to increase public awareness on the importance of using products manufactured with recycled plastic coming from developing countries. Further, you will not, in any manner, represent that you have any ownership interest in Our Marks.
9.1. Termination by You. You may terminate Your Account and discontinue use of the Services at any time by:
(a) Deleting Your Account through the Sparklo App settings; or
(b) Submitting a written request to Sparklo at support@sparklo.com.
9.2. Termination or Suspension by Sparklo. Sparklo reserves the right, at its sole discretion, to suspend, restrict, or terminate Your access to the Services (or any portion thereof) immediately and without prior notice if:
(a) You breach any provision of these Terms, including but not limited to violations of Section 2 (Use), Section 6 (Your Responsibilities), or Section 7 (Prohibited Items);
(b) Your use of the Services poses a legal, financial, or reputational risk to Sparklo or other users;
(c) Required by law or regulatory authority; or
(d) For anyother reason deemed necessary by Sparklo to protect its operations, users, or community.
9.3. Effect of Termination
(a) Upon termination:
Your right to use the Services, including access to Your Account and Sparklo Points, ceases immediately. Sparklo may permanently delete or anonymize Your Account and Personal Information in accordance with the Privacy Policy. Any accrued Sparklo Points or unredeemed bonuses may be forfeited, as detailed inthe Public Offer of the Bonus Program of Sparklo.
(b) Termination does not relieve You of obligations incurred prior to termination, including payment of fees (if applicable).
10.1.People You Interact With. If You use the Services to interact with other individuals, either online or in person, You do so on the understanding that we do not screen users of our Services, and You release us from all liability relating to Your interactions with other users.
10.2. Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When You access these third-party services, You do so at Your own risk. The third parties may require You to accept their own terms of use. Sparklo is not a party to those agreements; they are solely between You and the third party.
10.3. Sparklo Bonuses. Sparklo may offer bonuses in accordance with Bonus program. You acknowledge that Sparklo does not make any warranties with respect to Your bonuses and is not responsible for any unauthorised access to, or alteration, theft, or destruction of bonuses or rewards codes that results from any action by You or a third party. You also acknowledge that We may suspend or prohibit use of Your bonuses if Your Account has been reported or flagged as hacked or stolen, or if we believe Your Account is being used suspiciously, fraudulently, or in an otherwise unauthorised manner.
10.4. Warranties. You understand and agree that the Services are provided “as is” and without any kind of warranty (express orimplied). We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet Your expectations. You use the Services solely at Your own risk. In jurisdictions that do not allow limitations on implied warranties, the above limitations may not apply to You.
10.5.Limitations of Liability.
(a) Indirect Damages: Sparklo and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages(e.g., lost profits, data, or business interruption) arising from your use of the Services.
(b) Total Liability: Sparklo’s total liability for any claims under these Terms shall not exceed the lesser of (i) fees you paid to Sparklo in the prior 12 months, or (ii) 100 AED.
(c) Exceptions: These limitations do not apply to liability for death/personal injury, gross negligence, willful misconduct, fraud, or liability that cannot be excluded under UAE law.
(d) Third-Party Services & Rewards: Sparklo is not responsible for third-party products, services, or rewards linked to the Services, including errors in Sparklo Points accrual/redemption (governed by the Public Offer of the Bonus Program of Sparklo).
(e) Force Majeure: Sparklo is not liable for delays or failures caused by events beyond its control (e.g., natural disasters, government actions).
You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content or reward providers from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) resulting from:
a. Your Content and Your Account;
b. any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so; and/or
c. any breach by You of these Terms,
except to the extent caused or contributed to by Our unlawful actions or negligence or by Our failure to take reasonable steps to mitigate our loss or damage.
12.1. Governing Law and Forum. These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE). Regardless of your location, you agree that the governing jurisdiction for any disputes arising from or related to these Terms or your use of the Services is UAE.
12.2. The amount of Your or Sparklo liability shall be determined depending on the unfulfilled and/or improperly fulfilled obligations. You and Sparklo shall not be liable for failure to fulfill their obligations if during the period of validity of this Term the force majeure circumstances have occurred or there have been changes in the current legislation or in the rules of procedure of government authorities related to the fulfillment of the terms of this Term making it impossible to fulfill the obligations or causing a delay in their execution. If the non-performance of this Term caused by force majeure circumstances lasts more than three calendar months, the Parties shall have the right to demand termination of this Term. The Parties will resolve disputes and disagreements that may arise during the execution of this Term in the Courts of the UAE.
13.1. We may update these Terms from time to time.
13.2. In the event of material changes toyour rights or obligations under these Terms, we will provide at least seven(7) days’ advance notice through the App or via email, where feasible.
13.3. Continued use of the Services after changes are made constitutes acceptance of the revised Terms. You are responsible for reviewing any updates.
14.1. Trial Accounts. Sparklo may, but is not obligated to, provide a trial Account to You, and this Agreement shall the apply to Your use of the Services during such trial account period.
14.2. Our Relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between You and Sparklo. You will not represent Yourself as having any authority to act for or undertake any obligation on behalf of Sparklo.
14.3. Entire Agreement. The Terms, including all ofthe policies that make up the Terms, supersede any other agreement between You and Sparklo regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforcethat or any other part of the Terms.
14.4. Assignment. We may assign any of our rights and obligations under the Terms. This Agreement may not be transferred or assigned by You without Our prior written consent, in our sole discretion.
14.5. Enurement. The terms and conditions of this Agreement shall enure to the benefit of and be enforceable by the parties hereto and their permitted successors and assigns.
14.6. Notices and Contact Information. If You have any questions about the Terms, please email usat support@sparklo.com. Sparklo may provide You with certain legal information in writing. You are agreeing that we can send You information electronically (by email, etc.) instead of mailing You paper copies, and that Your electronic agreement is the same as Your signature on paper.
14.7. Headings. The headings used in the Agreement are for convenience and reference only and shall not affect the construction or interpretation of this Agreement.