Terms and Conditions
1.1. This website is owned and operated by The Spark.
1.2. These terms and conditions govern your use of this website (“Website”) produced by The Spark including participation in the Website’s chat and forum facilities (“The Spark Forum”).
1.3. Please read these terms and conditions carefully. Since the Website is designed to provide a forum for the robust and free-flowing exchange of information, opinions and comments, and an enjoyable and informative experience for all, The Spark requires its users to abide by certain rules. Your use of the Website will constitute your agreement to comply with these terms and conditions.
1.4. If you do not agree with these terms and conditions, please do not use the Website.
1.5. These terms and conditions may be modified by The Spark from time to time. Notice of revisions will be announced on this page. Continued use of the Website by you will constitute your acceptance of any changes or revisions to these terms and conditions, so it’s wise to check this page regularly.
1.6. Your failure to follow the Website’s rules, whether set out in these terms and conditions or posted at other locations on the Website, may result in termination of your access to the Website, without notice, in addition, The Spark might seek recourse to other remedies.
- Use of the Website by You
2.1. All material on the Website belongs to The Spark or its licensors. You may retrieve and display content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website.
2.2. You acknowledge that thesparkng.com is the trade mark and that you may not use it without written permission from The Spark.
2.3. You may not authorise others to use the Website, and you are responsible for all of your own use of the Website. You agree not to use any obscene, indecent or offensive language, or to place on the Website any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
2.4. Other than connecting to The Spark servers by HTTP requests using a Web browser, you may not attempt to gain access to The Spark servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
2.5. You are responsible for ensuring that any material you provide to the Website or post on The Freestyle Segment and other parts of the Website including but not limited to text, photographs, videos and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party.
2.6. You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on, or associated with, the Website.
2.7. You acknowledge that The Spark has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Linking to any other service or site from this Website is at your sole risk.
3.1. Any third party web site that links to this web site must not: – create a frame or any other browser or border environment around the content of this site; – imply that The Spark is endorsing it or its products or services; use any The Spark trademark displayed on the The Spark Website without permission from The Spark ; – infringe any intellectual property or other right of any person; – be a Website that contains content that could be construed as distasteful, offensive or controversial.
3.2. The Spark expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.
- Use of Material Posted by You
4.1. Postings to The Spark Forums and content sharing on the Freestyle segments are not private. You grant The Spark and its designees a perpetual royalty free non-exclusive licence to use, reproduce, modify, translate, transmit, distribute and sub-licence any information or material you supply or communicate to the Website via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
- Copyright Complaints
5.1. The Spark respects the intellectual property of others, and we ask our users to do the same. The Spark may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers and account holders who infringe the copyright of others.
5.2. If you believe that your work has been copied and is accessible on any The Spark Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, please contact The Spark- [email protected]
- Comments by Users Are Not Endorsed by The Spark.
6.1. The Spark does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Areas or elsewhere in the Website. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of The Spark.
- Competitions, Programs and Prizes
7.1. As an integral aspect of the The Spark Platform, empowerment programs, competitions and promotions will be featured on the website. These are subject to additional terms that will be made available at the time.
- Materials Provided by Others
8.1. You agree that The Spark is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
9.1. The Spark reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Areas or elsewhere on the Website, in its sole discretion and without notice.
- Editing and Deletions
10.1. The Spark reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Website. Such additional terms and conditions will be posted in the relevant parts of the Website, and will be clearly identified. Your use of the Website constitutes your agreement to comply with these additional terms and conditions.
- Additional Rules
11.1. You acknowledge that you are using the service at your own risk. The service is provided “as is,” and to the extent permitted by applicable law, The Spark and thesparkng.com hereby expressly disclaim any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.
11.2. The Spark and its affiliates do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service.
11.3. Save for the provisions of the following clause The Spark and thesparkng.com shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance on the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
11.4. The Spark liability will not be limited in the case of death or personal injury directly caused by The Spark’s negligence.
- Disclaimer of Warranty and Limitation of Liability
- Choice of Law and Jurisdiction
13.1. These terms and conditions shall be governed by and construed in accordance with Nigerian law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the Nigerian courts as regards any claim or matter arising under these terms and conditions.
13.2. For the exclusive benefit of The Spark, The Spark shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
14.1. These terms and conditions are the complete and entire agreement between the parties and supersede any prior terms, conditions or agreements, whether written or oral.
14.2. If any of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
14.3. Failure of either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
The Spark Connect
- This program is open to residents of Nigeria aged 16 years or over except employees of The Spark and their close relatives and anyone otherwise connected with the organisation or selection of the applications.
- There is no entry fee and no purchase necessary to apply.
- Only one entry will be accepted per person. Multiple entries from the same person will be disregarded.
- Closing date for registration is as specified on the website. After this date, no further entries to the program will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the application and how to enter are as follows:
- Click on SUBMIT MY APPLICATION on the The Spark Connect Application page.
- Enter your details into the form that would appear.
- Click NEXT.
- Complete the application by filling in the fields provided.
- An acknowledgement email would be sent to you, notifying you that The organisation has received your entry and would be processing it.
Review will be done on the applicant’s business plan or career road-map to determine a perfect fit.
7. Follow The Spark on Facebook, Twitter and Instagram.
8. The winner(s) will be announced on the last day of the month and will receive “The Spark”.
9. Viable business ideas (plans) stand a chance to be funded from our crowdfunding purse to help ignite their businesses, courtesy, The Spark and its Empowerment Partners.
10. The Spark reserves the right to cancel or amend the application and these terms and conditions if circumstances arise outside of its control. Any changes to the program will be notified to applicants as soon as possible by The Spark.
11. The Spark is not responsible for empowering winners directly but acts as a facilitator or link between the Benefactors (Empowerment Partners) and Beneficiaries.
In simpler terms, we are an “Uber/Taxify for empowerment.”
12. The prize is as stated and no cash or other alternatives will be offered by The Spark. The prizes are not transferable.
13. The winner(s) will be chosen by an independent adjudicator or panel of judges appointed by The Spark.
14. The winner(s) will be announced on our website and notified by email and/or DM on Twitter/Instagram/Facebook within 10 days of the closing date. If the winner(s) cannot be contacted or do not claim the prize within 28 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15. The Spark will notify the applicant on how the prize can be redeemed from the Empowerment Partner.
16. The Spark’s decision as to those able to take part in and selection of the beneficiary of The Spark Connect is final.
17. By submitting an application, a applicant is indicating his/her agreement to be bound by these terms and conditions.
18. The empowerment and these terms and conditions will be governed by Nigerian law and where any dispute arises, the parties shall meet to negotiate an amicable settlement of such dispute or be referred to a single arbitrator appointed by the parties in accordance with the provisions of the Arbitration and Concillation Act Cap A18, Laws of the Federation of Nigeria (LFN) 2004.
19. The winner(s) agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other applicant will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the applicant’s prior consent.
20. Entry into the empowerment program will be deemed as acceptance of these terms and conditions.
If you don’t agree to the foregoing terms and conditions, please exit the Website now.