Terms of Use

General Terms and Conditions of Unbreakable Love and Spark App

TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Spark App and website (here after referred to as Site) located at www.spark-app.org, and all associated sites linked to www.spark-app.org

Spark, its subsidiaries and affiliates are the property of Hadar Investments Pty Ltd ABN 63 069 470 962 (“Spark”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Spark reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Spark grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Spark, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site 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, app, server, website or other medium for publication or distribution or for any commercial enterprise, without Spark’s express prior written consent.

You may use information on Spark products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Spark for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

YOUR USE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Spark reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Spark server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate or illegal means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Spark, including any Spark account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Spark’s systems or networks, or any systems or networks connected to the Site or to Spark.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Spark on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Spark or others.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account (including setting up a Spark ID and password). You agree that you are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account, and that Spark has no responsibility for such confidentiality. You agree to notify Spark immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Spark or any other user of or visitor to the Site due to someone else using your Spark ID, password or account.

You may not use anyone else’s Spark ID, password or account at any time without the express permission and consent of the holder of that Spark ID, password or account. Spark cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY

Spark’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. View Spark’s Privacy Policy @ https://www.unbreakablelove.org/privacy-policy.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO OTHER SITES AND TO THE SPARK SITE

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Spark’s control, and Spark is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

SPARK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SPARK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SPARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPARK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SPARK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SPARK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Your use of the Site constitutes a waiver and release of any claims related to such damages, liabilities, or injuries.

Spark reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Spark be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Spark has been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold Spark, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Spark by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF THESE TERMS OF USE

Spark may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Spark’s rights or property, or the rights or property of visitors to or users of the Site, including Spark’s customers. Spark reserves the right at all times to disclose any information that Spark deems necessary to comply with any applicable law, regulation, legal process or governmental request. Spark also may disclose your information when Spark determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Spark may preserve any transmittal or communication by you with Spark through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Spark determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Spark, its employees, users of or visitors to the Site, and the public.

You agree that Spark may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine or have reasonable cause to believe that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Spark, for which monetary damages alone would be inadequate, and you consent to Spark obtaining any injunctive or equitable relief that Spark deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Spark may have at law or in equity.

You agree that Spark may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Spark does take any legal action against you as a result of your violation of these Terms of Use, Spark will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees, expert fees and costs of such action, in addition to any other relief granted to Spark. You agree that Spark will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Australia and by the laws of the State of Victoria without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Victoria Australia and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Spark and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Australian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Spark with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Spark with respect to such use are hereby superseded and cancelled. Spark will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Spark’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Spark of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Spark and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Spark does not claim to treat or solve marriage and relationship problems. By using this Site you waive your rights to file a claim against Spark or any of its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates.

SUBSCRIPTIONS & FEES 

You can access the Spark App by purchasing a subscription plan that is charged either monthly or annually. The price for each Subscription Plan will be displayed at the time of purchase although each plan starts with a 10-Day Free Trial. The membership you choose for the free trial will be the membership your trial turns into after 10 days. For this reason, we ask for a form of payment to set up a free trial. A small pre-authorization charge appears and disappears at the beginning of the trial to verify the method of payment. If you cancel your free trial during the ten free days, your trial will end immediately, and you will not be charged.

You must pay the Subscription Fee in advance of each Subscription Period. If you choose to pay via a third-party biller, eg Apple or Play Console etc, your Subscription Fee will be charged to your third party billing account. 

Spark may change your Subscription Fee at any time by giving at least 21 days’ notice to you.  We may also change your Subscription Fee without notice if required by law, or if any regulatory authority requests or requires a change to any part of our pricing which directly affects your Subscription Fee or our pricing structure (if this happens, we will use best endeavours to give you reasonable notice). 

AUTO-RENEWAL & CANCELLATIONS  

Your Subscription Plan will automatically renew at the end of each Subscription Period for a further Subscription Period unless you cancel your Subscription Plan. You may cancel your Subscription Plan through your settings on your Spark App account at any time prior to your renewal date, or as otherwise specified by us or one of our third-party billing partners. For Subscription Plans purchased through Apple marketplaces you must cancel through your Apple account at least 24 hours prior to your renewal date. If you do not cancel by the relevant time, we will automatically renew your membership and your nominated account/card will be charged for the next Subscription Period.  

Cancellation of your auto-renewal will only be effective at the end of the current Subscription Period and you will continue to have access to the Spark App until the end of the relevant Subscription Period.  No pro-rata refunds will be provided to customers that cancel during a Subscription Period.  

MANAGE YOUR SUBSCRIPTION PLAN 

If you subscribe to Spark and you wish to change your Subscription Plan, you can manage your Subscription Plan through your Spark account or, where applicable, via our third-party sales and billing partners, eg Apple. For Subscription Plans purchased through Apple marketplaces you can manage your Subscription Plan in the ‘Account Settings’ section of your Apple Account. 

If you wish to upgrade your subscription, you will be able to access your new Subscription Plan immediately.  If you upgrade during your current Subscription Period, the new Subscription Fee will be applied pro-rata for the remainder of the Subscription Period (unless you are in a free trial period) and you will be charged this amount immediately upon upgrade.  The full Subscription Fee for your new Subscription Plan will be charged in advance at the start of your next Subscription Period.  If you wish to downgrade your subscription, the downgrade will take effect at the end of your current Subscription Period (or free trial if applicable) and no pro-rata refunds will be provided. You will be charged your new Subscription Fee at the start of your next Subscription Period. 

10-DAYS FREE TRIAL & PROMOTIONS

This offer (the “10-Day Free Trial Offer”), entitles you full access to the Spark App for a period of ten (10) days from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept the 10-Day Free Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to the Spark Terms and Conditions of this Site. If you decide during the 10-Day Free Trial Period that you do not want to proceed with your purchase, you must terminate your account prior to the lapse of the Free Trial Period. You can cancel a subscription in the settings on your app. 

Spark may also offer other promotional discounts or benefits (Promotions).  We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial in our discretion for the purposes of preventing abuse of the Promotion or free trial. Promotions and free trials may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential and volunteered for Spark’s use. Spark shall be free to use such information on an unrestricted basis and without any reference to the source or reimbursement. The information contained within Spark’s site is subject to change without notice.  Spark registered office is located at 197-199 Melbourne Rd West Wodonga Victoria Australia.

Website – https://www.unbreakablelove.org
Privacy Policy – https://www.unbreakablelove.org/privacy-policy

Terms of Use – https://www.unbreakablelove.org/terms-of-use

Email support – info@unbreakablelove.org

Last modified: December 3, 2021