Read these terms of use, Before using mSampark platform. By Using mSampark you accept the terms of use given by Dotburst Ink (OPC) Pvt. Ltd.
Any non-compliance with these terms of use mSampark possesses all the rights to limit or terminate your usage rights or access to use the platform Immediately.
mSampark has the right to remove any information or content if found inconsistent with the terms of use provided herewith In accordance with The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
You show your acceptance and agree to be bound by the terms of use as stated.
Do not use the platform if you do not agree to the terms of use as provided.
About mSampark as a platform
A Web/App Platform developed by Dotburst Ink (OPC) Pvt. Ltd. (Hereinafter “ Called mSampark”) Company that is registered with the Ministry of Corporate Affairs India, and as per The Companies Act, 2013 and rules made there under having CIN (U22219MP2019OPC048317).Registered office at D-405 Shubhlabh Dwarka, Nipania Main Road, Pipliya Kumar, Indore, MP (452010). mSampark provides online services which includes classified advertisements (Collectively “The Service”) by users who list their services as an advertisement of their service (Collectively “Service Providers”) to Whosoever using the platform (Collectively ”The Users”) on its website www.mSampark.com and Mobile Application (Collectively “The Platform”).
The Platform and The Service provided to you by mSampark are subject to the terms of use as provided by mSampark. Wherever the context so requires, the terms you shall include any person who Uses/Accesses either by automated or whatsoever means it may be, The Platform or The Service in any manner, And includes person browsing the platform and its content, Posting any content or responding to any advertisement or content on The Platform. By using the service you agree to conform to any applicable guidelines which may be amended by mSampark at its sole discretion, In case you have any objection to these terms or any subsequent changes thereto you immediately discontinue the use of mSampark. These Terms may be updated by mSampark at any time at its sole discretion. At any point in time, you will find mSampark terms of use in the English language only, however, you can translate it into any other language as per your convenience, mSampark or Dotburst Ink (OPC) Pvt. Ltd. will not be providing any translated versions of these terms and conditions. In any case, Only the English version of the terms of use provided by mSampark shall govern.
Content and Service Policy
mSampark acts as a platform that allows Service providers Including Freelancers, Professionals, Helpers, etc to reach their potential audience, mSampark could charge service providers to use mSampark as a platform to advertise their service that they claim to provide by listing their service on The Platform, However, mSampark does not testify their level of skills, Character, and proficiency by any means and any transactions made between users and service providers are solely independent and any part of verbal, written and Digital conversation, claims, promises, quotations or any other transaction by whatsoever means are beyond the ambit of The Platform. Hence, mSampark is not responsible for the claims, Obligations, and liabilities arising out of such Transactions and communications. mSampark is not a party to the transaction and communications made between The Users and The Service Providers in any case. Therefore, The platform shall have no liability towards any party. The Users and The Service Providers are solely responsible for the risk associated with any such transaction and the use of the platform.
Users understand that ”The Platform” does not control, and is not responsible for Contact Information, listings/information, ads, Digital Communication between users, Service Providers, etc including e-mails sent from outside mSampark’s platform or other means of electronic and digital communication, through the Third Party Website/App or offerings, commitments, user postings, files, images, photos, video, sounds, business listings/information, and contact information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is inappropriate, offensive, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks involved with it, the usage of any Content by the users of listed services, and that under no circumstances will mSampark be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, contacting, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that mSampark cannot and does not pre-screen or examine any Content during the process of any service provider listing His/Her service on the platform, mSampark still keeps the right, in its sole and absolute discretion, to reject, delete or internally transfer any Content that is or may be available through the Service, for violating these Terms and such violation being brought to mSampark’s knowledge or for any other reason or no reason at all. Content available on the Platform sometimes could contain links to other third-party Websites/Apps ("Third Party Website/Apps"), that are absolutely unrelated to mSampark. If you link to Third Party Website/Apps, you may be subject to those Third Party Website/Apps’ terms and conditions and other policies. mSampark makes no representation or does not ensure the Reliability, Truthfulness, or authenticity of the information given in any such Third Party Website/App, and your Redirected browsing to any other Website/Apps is completely at your own risk and mSampark does not claims any liability towards any third party App/Website..
The Service Providers Understand and Agree to the Risk Involved when they post their advertisement publishing their Service, Product, or any content on the Platform. The Service Providers are solely responsible for whatever service, product, or content the service providers post or publish on the platform. In relation with such Service, product, Content posted on the platform by Service Providers , you affirm, acknowledge, represent, warrant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize mSampark to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to mSampark an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and mSampark's (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by mSampark in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to mSampark all the rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, mSampark may offer the facility of automatically capturing the "Description" of your ad based on the images uploaded by you. mSampark makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private call or any other means. The foregoing license to each user granted by you terminates once you or mSampark remove or delete such Content from the Platform. Further, you grant mSampark the right to make available your Content to any third party in connection with the transaction contemplated in your advertisement posted on the platform.
mSampark does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and mSampark expressly disclaims any and all liability in connection with service, product, graphic, file, image, document, text, or any form of content posted by user or service provider. mSampark is strictly against and does not allow copyright infringing activities and infringement of intellectual property rights on the Platform, and mSampark may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. mSampark reserves the right to remove any Content without prior notice. mSampark may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity and has had a user content submission removed from the Platform in the past. Further, at its sole discretion, mSampark reserves the right to decide whether any Content is appropriate and complies with these Terms.
Users agree not to post or share any content, Service, Product, or any kind of information on the platform.
1. That Contains Drugs, Narcotics, Weapons, Body Shaming, Money Laundering, Gambling, Adult Content, Escort Services, Child Abuse, and content that hurts, defame, abuse, hateful, harras, blasphemous any Gender, Ethnicity, Race, Cast, Religion, Nationality, Minors, or specific Group of people or the content that is unlawful in any manner. 2. That Violates any Law or Regulations made by the Government Of India or any Regulatory Body. 3. That is copyrighted or patented content, that is protected by trade secret or trademark, or subject to third party proprietary rights, including privacy and publicity rights unless the user is the owner of such rights or has permission or a license from their rightful owner to post the content and to grant mSampark all of the license rights granted herein terms of use; 4. That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant. 5. That threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense, or is insulting any other nation; 6. That includes personal or identifying information about another person without that person's explicit consent; 7. That impersonates any person or entity, including, but not limited to, mSampark employee, or falsely states or otherwise misrepresents an affiliation with a person or entity; 8. Deceives or misleads the users about the origin of the service provider or communicates any information which is grossly offensive or menacing in nature; 9. That is Phishy, false, deceptive, misleading, misinformation, or constitutes a "bait and switch" offer; 10. That contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature; 11. That includes links to commercial services or Third-Party Websites/Apps, except as specifically allowed by mSampark; 12. That Contains any Service, Product, or content which is prohibited by The Government of India or any Regulatory Body irrespective of mentioning with the Name specific. 13. That contains any software, program, computer code, Compact Disk, Flash Drive, Floppy Disk, Cloud-based drives, or any type of Hardware or Software or electronic communication system which could hack, harm, malfunction, spy, track, read, or write the Computer/Mobile/Tab/Gadgets. 14. That contains an excessive number of messages, Calls, or any type of excessive electronic,non-electronic communication (flooding attack) which disturbs the user irrespective of whether the user using the platform at that particular point in time or not. 15. That Employees misleading Phone numbers, Physical Location, Name, Category of service, and Service Description of The service provider. 16. That is patently false and untrue, and is posted or published in any form, with the intent to mislead or harass the user for financial gain or to cause any Mental or Physical injury to the user. 17. That belongs to different Individual and the user or the service providers does not have any right to it. 18. That deceives or misleads the user about the origin of the content. Or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact by the users;
Users also agree not to
Contact somebody who has denied being contacted once, or make unnecessary, unsolicited contact with somebody for commercial/non-commercial purposes.
Send advertisements later on.
Stalk someone or Harass in any manner.
Make defamatory comments or post on any third-party Website/App later on.
Collect personal data of other Users or Service Providers for any commercial or unlawful activity.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the platform, except for internet search engines (e.g., Google).
Repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure.
Post the same service in multiple service categories.
Attempt to gain unauthorized access to computer systems owned or controlled by mSampark or involve in any action that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
Flag or report any competitor in order to get the commercial advantage. Any user or service provider caught doing the such activity will be permanently barred from using the platform without any prior notice.
Post content, service, or product that breaks the laws, Regulations, Privacy Policy, or any type of standard predeclared norms, consequently it leads to banning of the account and deletion of posted content immediately.
Paid Services by mSampark
mSampark provides some paid services after a certain amount of usage of the platform for commercial purposes. By using paid services you enter into an agreement with Dotburst Ink (OPC) Pvt. Ltd. Provisions of terms of use will remain the same with absolute no change even in the case when you use paid services and users and service providers will continue to be bound by the conditions of terms of use of the platform. Below mentioned are those services that may be chargeable after a particular amount of time, Category type, geographical location, or usage of the platform. The terms of paid services between users, service providers, and mSampark shall be governed by the laws of India. Any claims you may have against mSampark must be submitted to the exclusive jurisdiction of the courts of Indore. Users and service providers Acknowledge that mSampark can make changes to the price at any point in time without any prior notice.
Paid Content( Collectively “Card/Post” ) Posting.
The paid Cards posting enables you to Keep your Card/Post actively visible even after you have exhausted your free account limits. Free limit defines the number of clicks that users could do on the service provider’s Card/Post to contact the service provider or see the service provider’s more information on third-party platforms, within a defined periodicity where you are not billed or charged by the platform. This limit may differ across accounts, categories, usage, and geographical location. For instance, if you have an active Card/Post on the account and the free limit is the first 3 Clicks on an account that is particularly your’s, you will not be allowed to get more than 3 clicks or your Card/Post will not be displayed on other users account till you pay for the next set of clicks/Tokens to the Platform.
Changing Card/Post posted by you through your account will not be counted towards free limits. Any subsequent change of phone number after posting an ad, will not affect the available limits.
Service Providers can either purchase tokens which would be prepaid based on your requirement which shall be provided to you at a discounted price as mentioned on the Website/App.
The validity of Paid clicks/Tokens:
Limited Clicks/Tokens package - In Limited Clicks package, Service providers could get their desired number of clicks/Tokens on their Card/Post and pay accordingly in order to meet their budget. In Limited Package Service Providers shall have to buy tokens as Pay per click with the predefined amount per click. For Example- Service Provider has a budget of buying 10 clicks/Tokens at particular point in time and amount per click at that point in time is INR 10/Token, then service provider will have to pay INR 100 to get 10 Token on his/her account.
Amount per click/Token is always variable and could change with traffic, Account type, geography, season, service category type, time of the year or month etc.
The App uses a token-based system where users can purchase and spend tokens for various actions, making it an integral part of the user experience. Tokens act as a digital currency within the App, allowing users to unlock features, access premium content, or perform specific in-app activities. Each token is valued at INR 10, but this price is subject to fluctuation based on demand, market conditions, and time. We reserve the right to modify the token pricing structure as needed to maintain economic balance within the App.
Tokens may be deducted from a user’s balance based on specific call-to-action clicks, engagement with services, and various in-app activities. The deduction mechanism ensures that the App remains sustainable while rewarding active users. Additionally, users can earn tokens by watching full-length video ads, completing special tasks, or purchasing them through in-app transactions. These earned tokens can then be utilized for transactions within the App, giving users an incentive to engage more with the platform.
Tokens/Clicks will get deducted from your account the moment other user take action (Clicking on a Call or WhatsApp button) on a posted service card in the app. Interacting with a service card or service in the App does not guarantee successful communication between the user and the service provider. The App acts as a platform for listing and discovering services but does not take responsibility for the response time or successful communication, in such scenario there is a high possibility that service provider will see token deductions but they will receive no communication from other user. mSampark does not provide communication service, communications are done through cellular services and other communication platforms (Like WhatsApp), Hence mSampark has no control over it.
To maintain fair use and ensure that the token system functions effectively, we reserve the right to modify token allocation, pricing, or redemption policies at our discretion. Any modifications to the token system will be updated in these Terms and communicated to users in advance. Our goal is to create a balanced and rewarding experience where users benefit from an efficient token-based economy while enjoying the full potential of the App’s services.
Third-Party Services The App may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of such third parties.
Termination We reserve the right to terminate or suspend your access to the App at any time, with or without notice, for violations of these Terms.
Tokens may be deducted from a user’s balance based on specific call-to-action clicks, engagement with services, and various in-app activities. The deduction mechanism ensures that the App remains sustainable while rewarding active users. Additionally, users can earn tokens by watching full-length video ads, completing special tasks, or purchasing them through in-app transactions. These earned tokens can then be utilized for transactions within the App, giving users an incentive to engage more with the platform.
The App may feature advertisements as part of its monetization strategy. Users who watch full-length video ads may earn tokens as a reward, but the availability of such rewards is subject to change. Advertisements do not constitute endorsements by us, and we do not take responsibility for the content or claims made in these ads. Additionally, if an advertised service, digital business card, or any content linked to an advertisement is deleted, the associated tokens used or earned in connection with that service may also be removed from the user's account. No refunds or compensation will be provided for such deletions.
Payment for Tokens
Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing App such as PayU or Google Play In App services, Products offering payment through various channels such as upi, net banking, debit card, and credit card (“Payment Gateway”). you warrant to us that you are entitled to use the medium as per terms of use and under applicable law and Regulations.
Service Providers can provide us Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status.
Unless otherwise mentioned on the Website/App, prices indicated are inclusive of applicable taxes.
Refunds/Cancellation
If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable. to refund you for any unutilized token. In the event you are not able to avail of the Paid Services on the Website/App on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid clicks against the card/post you were not able to utilize shall be credited to your account. For example, if you buy a package of 10 tokens out of which you have consumed only 5 tokens and were unable to utilize the remaining 5 tokens on account of a technical glitch during the lifetime of the package validity, you will be credited only Amount of 5 clicks to your account.
Refund is only applicable in scenarios where Service provider has purchased limited amount of clicks for limited period of time and technical glitch on the platform surpasses the time of package validity period.
Refund will not be applicable if technical glitch is fixed and The User, Service Provider could still utilise the amount he/she has paid. Only the time duration when glitch occurred will be extended to the package of The User or Service Provider.
The above refund policy shall not be applicable in the event any content in your card/post advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website/App on account of any technical reasons due to any subsequent editing done by you.
5. Posting on Behalf of somebody.(Third-Party posting)-
the term "Third Party Posting" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. mSampark prohibits the use of Third Party Posting, directly or indirectly, without the express written permission of mSampark. In addition, Third Party Postings are not permitted to post/cards on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from mSampark.
6. Content Submitted by Users-
Users Acknowledge that most of the content on mSampark is a user generated/posted content. mSampark does not take any responsibility of keeping this content accurate, useful, safe, reliable,decent, in any manner. Hence the users should understand their own Resposbility while using and consuming or watching such content. mSampark will not be responsible for any mental, physical, financial or emotional damages occured to users due to exposure to such content.
7. Access to The Platform-
mSampark allow Users a limited, revocable, non-exclusive license to use the Service for personal use. This license granted herein does not include any of the following: (a)Third Party Posting; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Platform nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by mSampark or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines (b). For purposes of this exception, a "general purpose internet search engine" does not include an App a Website/App or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your Website/App, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your Website/App exceeds limits set by mSampark, your use will be considered to be in violation of these Terms, unless mSampark expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray mSampark, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Platform beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Platform or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from mSampark.
8. Informing About Claims Of Infringements-
mSampark is not liable for any infringement of intellectual property rights arising out of content posted on or transmitted through the Platform, or items advertised on the Platform, by end-users, or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to mSampark together with a request to mSampark to delete the relevant Content in good faith by sending an email to us at dotburstink@gmail.com .
9. Intellectual Property Rights(IP) and IP Infringement-
Except the user posted content all the material that is related to the platform such as Images, Logos, Graphics, Text, scripts, computer codes, creatives etc whether registered or not Registered are the trademarks of the Dotburst Ink (OPC) pvt ltd and are protected under applicable copyright, Trademark and other proprietary and intellectual property laws, Anybody’s unauthorized adoption, copying, modification, reverse engineering of these materials are strictly prohibited. Anybody must not use any of these materials for commercial and non commercial use under any circumstances.
10. Term for Indemnity-
Users acknowledge and agree to defend mSampark, its employees, its Directors, its agents, its consultants, its influencers, its referrers, its officers or any Dotburst Ink (OPC) Pvt. Ltd. associates from all legal, financial, mental, and emotional damages, demands, claims and compensation(including legal fees and lawyer consultation fees) initiated due to users negligence of terms of use mentioned in this document.
11. Spam Control-
Users acknowledge and understand that there are certain information on the platform which may be personal to users. mSampark does not exhibit any user’s personal information to other users until or unless users himself/Herself try to submit any Card/Post on the platform to advertise their service. mSampark is strictly against spam and monitors user's number of clicks on the service provider’s Card/Post. If mSampark founds any unusual activity related to spamming service providers by any user, mSampark will immediately block the account of such user without prior notification and will be notified later on via email. Such activities could also lead the liable user to legal or criminal penalties.
12. Affairs with Businesses and Any other Individual
Users acknowledge that mSampark keeps no liability, Obligation, or Responsibility towards any User/Service Provider(Business) when they interact with any other individual or business (service provider/user) via platform or not via the platform, Not only in terms of delivery of goods or service but also in terms of payments and any dispute gets into occurrence while dealing with each other, Hence Both the parties(users and Service providers/Businesses) are solely responsible for what they do during the interaction, and how they treat each other. Users also acknowledge that they understand the risk involved in such scenarios and they are ready to take such risk by contacting anybody through mSampark. No User shall blame mSampark in a dispute and mSampark is under no obligation to get involved verbally, legally, or through any other means of communication in such occurrences. Hence Users/Service Providers/Businesses here by release mSampark, its employees, its Directors, its agents, its consultants, its influencers, its referrers, its officers, its affiliates or any Dotburst Ink (OPC) Pvt. Ltd. associates from all Disclosed-Undisclosed claims, Demands, Damages, compensation arising out of such disputes between any of the parties(Users and Service providers/Businesses)
13. mSampark’s policy to manage and modify platform.
Users understand that mSampark is the platform developed by Dotburst Ink (OPC) Pvt. Ltd. and The company always keeps the rights of its platform(mSampark), Company is under no obligation to share its data/Information with any user beyond the user’s own account. And in case the user deletes his/her account company is under no obligation to provide past data to a user in the future, the user will only get his data back if that particular data falls under the feature of The Platform. Any user found duplicating the Posts/Cards(Content) on the platform or using multiple accounts with the same email-id mSampark has all the rights to delete the duplicated account or content. Users also Acknowledge that mSampark has all the rights to delete, modify, block and duplicate user’s data/content/Account in order to manage the platform smoothly. Users also agree that they shall have no objections even if The company discontinues/terminate/temporarily shutdown/Permanently shutdown the platform(mSampark) under some circumstances.
14. mSampark makes no promises and Commitment.
Users acknowledge that mSampark has no obligation towards its users about keeping the platform up and running accurately all the time, mSampark has no obligation towards its users to keep its content accurate all the time, mSampark has no obligation towards its users to make the platform available all the time. mSampark has no obligation towards its users to make its features 100 percent accurate all the time, mSampark has no obligations towards its users about keeping data safe-secure, However the platform tries its best to keep its platform safe, secure and user friendly at the best. mSampark has no obligation towards its user to keep any Phone Numbers/links/Advertisments to third party App/Website/Indivudual/Service Provider/Business where the user is getting redirected safe all the time. Hence users release mSampark, its employees, its Directors, its agents, its consultants, its influencers, its referrers, its officers, or any Dotburst Ink (OPC) Pvt. Ltd. associates from all Disclosed-Undisclosed claims, Demands, Damages, compensation arising out of such above mentioned scenarios in (14), Therefore mSampark requests all the users/Service Providers/Businesses to use their own cautiousness while and before using mSampark.
15. Is mSampark responsible in any circumstances?
mSampark, its employees, its Directors, its agents, its consultants, its influencers, its referrers, its officers, or any Dotburst Ink (OPC) Pvt. Ltd. associates are absolutely not responsible of any Direct-Indirect Mental, Physical, Emotional, Financial Damages occured under any circumstances, Hence users agree not to ask for any Direct-Indirect Demand, Claim, Compensation from mSampark, its employees, its Directors, its agents, its consultants, its influencers, its referrers, its officers, or any Dotburst Ink (OPC) Pvt. Ltd. associates in case of any Direct-Indirect Mental, Physical, Emotional, Financial Damages or losses occured under any circumstances while using the platform.
16. Place of Jurisdiction.
The Platform(mSampark) Is Controlled And Offered By Dotburst Ink(OPC) Pvt Ltd. Company Makes No Representations Or Warranties That The Platform Is Appropriate For Use In Other City, State, Country. Those Who Access Or Use The Platform From Other Jurisdictions Do So At Their Own Risk And they Are Responsible For Compliance With Local Law only.
17. Who could use mSampark?
Anybody who is above the age of 13 and residence of India could use mSampark on their own risk, understanding of terms of use of the platform could use mSampark. Any body who uses mSampark should make sure He/She has the rights to represent the particular identification on the platform. Strictly not to use somebody elses identification such as email ids, Phone number, Name, Alias etc to sign up to the platform or unless you have a legal authority or license to sign up on behalf of somebody. Users who are under the age of 18 we recommend them to use the platform under the supervision of their Parents/Guardians/Legally authorised person.
18. Who could advertise services/Business on mSampark.
Users must be above the age of 14 to display/advertise their service/Business on the platform. Users who are below the age of 18 and want to advertise their Service/Business on the platform need to be under a Parental/Authorised person’s supervision.
Users must not be bounded under any other third party contract of work where they are not allowed to do any other work apart from the work they are bounded under the contract, If still the user do so, the user is responsible on his own for breaching the third party contract and in no circumstances mSampark, its employees, its Directors, its agents, its consultants, its influencers, its referrers, its officers, or any Dotburst Ink (OPC) Pvt. Ltd. associates are responsible for the breach of the contract between user and any other party.
Advertisers must need to verify their identity by uploading their document on the website with in 4 Days of listing their services on the platform, If an advertiser who is listing his/her service on the platform fails to do so, His/Her listing is likely to be removed from the platform.
Advertisers/Service Providers/Businesses must follow terms of use of mSampark.
19. Platform and Assignments
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by mSampark and Dotburst Ink (OPC) Pvt. Ltd. without restriction. Any assignment or transfer by you shall be null and void.
20. General Details
The use of this Platform shall constitute the complete agreement between you and Duffer and shall govern your use accordingly.The terms between the platform and user shall be governed by the laws of India any claim you may have against Duffer must be submitted to the exclusive jurisdiction of the courts of Indore, Madhya Pradesh unless you are a consumer as defined under Indian Consumer Law.If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.f any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.You agree that any cause of action brought by you and arising out of or related to your use of the service and/or the platform must commence within a reasonable time of 1 Year and in any event after the cause of action accrues, after that mSampark may commence any such cause of action in accordance with the applicable statute of limitations under indian law, otherwise, such cause of action is permanently barred.
21. Violation of terms of use and compensation for the Damage caused by any individual or user.
The soul of the mSampark is by the people, for the people, to the people. We request all the users to report if there is any violation of terms you see on the platform, Kindly visit at https://www.mSampark.com/contact-us/report-violations to report any kind of violation of our terms of use.
If any user, Service Provider, or Individual who has ever used mSampark in the past or Present fails to follow the terms of use of the platform, mSampark will calculate the damages and the responsible User, Service Provider, or Individual even if the person is not the current user of the platform will be liable to pay the compensation to mSampark for the calculated damages the user has made.
22. Disclosures
Sometimes in specific circumstances, mSampark may disclose your Personal, Professional Information with legal authorities, Courts, Law enforcement officers, Regulators etc.In such circumstances mSampark or the Dotburst Ink (OPC) Pvt. Ltd. may or may not inform user about such activity, Hence users also agree and acknowledge this term(22).
23. Proof of Identification.
If a user try to list or advertise any of His/Her service, Skill, Business, etc. on the platform mSampark may ask for proof of identification, In case any user fails to provide His/Her proof of identification, mSampark may terminate your listing and advertisement at any point in time. And the user would have no right to take any legal, Verbal, or Written right to take objection to such action.
24. Notification of Changes
mSampark and Dotburst Ink (OPC) Pvt. Ltd. reserves the right to change these Terms from time to time, and at our sole discretion. We may send you a notice regarding material changes to these Terms, including the Privacy Policy or the Platform. You should make note of the "last updated date" at the beginning of the Terms. With this information, you should be able to identify if the Terms have been updated recently.
25. Contact Us at https://www.mSampark.com/contact-us
26. If you have any grievance with respect to the Platform or the Service, you can email us at: dotburstink@gmail.com