Updated On: 06-03-2024
Effective From: 28 August 2023
Please read on to learn the rules and restrictions that govern your use of "OUTSPARK, it’s services (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@myoutspark.com .These Terms of Use (the "Terms") are a binding contract between You and Coolboots Media Private Limited ("Company”, “Coolboots," “"OUTSPARK” "we", "our" and "us", “Company”). This is a legally binding agreement, and you should read it carefully.
By using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not use, or otherwise access our Services. If you are using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules thereunder, as amended and updated from time to time.
Persons/users who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our products or Services. If you are under 18 years of age (minor), and wish to use our products or Services, such use shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event a minor use or play OUTSPARK, it is deemed that the minor has the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of OUTSPARK” or any of our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You represents and warrants that all the data provided by you is accurate and complete and that user using the OUTSPARK has obtained the consent of parents/legal guardian (in case of minors). The Company reserves the right to refuse to provide you with access to the products or Services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the platform or on email and being a minor if you are unable to understand any clause or point of these terms then you must take the help for the same from your Parents or Legal Guardian who has consented you to use this OUTSPARK”.
When you start using OUTSPARK, these terms will automatically apply to you. You should make sure that you read them carefully before using the website/service.
We offer login or sign up via Google, and collect your Machine ID, Device IDs and information stored in cookies for legitimate business purposes and legal obligation), in order to provide you services seamlessly. Certain functions of the product/service will require the product/service to have an active internet connection. The connection can be Wi-Fi, or may be provided by your mobile network provider, but "OUTSPARK cannot take responsibility for the service not working at full functionality if you don’t have access to high speed internet for whatever reason. This can happen at the start of the/ in between as well, "OUTSPARK will not be responsible for not working properly if the issue is caused by your WiFi/ mobile data provider.
If you’re using the product/service outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the product/service, or other third-party charges. In using the product/service, you are accepting responsibility for any such charges, including roaming data charges if you use the product/services outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the product/service, please be aware that we assume that you have received permission from the bill payer for using the product/service.
"Below points guide and highlight the usage of OUTSPARK"
OUTSPARK is aimed to provide its users a better way to create Customized updated resumes with AI (Artificial Intelligence). Before using the product, user agrees that the resume being generated is for his own personal use, user shall not use the product on behalf of any one else
In order to use the product , user may be asked to provide – 1 or more of the below details.
Once the information is provided and is in order as checked by our automated systems, we work towards creating a customized resume by using our proprietary technology and combination of artificial intelligence models and APIs. Once the process is complete, we inform the user/ notify with communication on the website and to check the generated resume and bonuses. User can choose to edit the content on the resume. Bonuses and resume are provided on as is basis and user should validate/ authenticate be sure of the same before using the content.
It should be noted that
We accept various methods of payment including debit/credit cards and UPI using third party Payment Gateways. You may be required to pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via OUTSPARK. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing service for purchases made via OUTSPARK. All Fees/amount for the services will be exclusive of all applicable taxes. We may change our prices at any time. All payments shall be in the currency indicated on the payment/pricing page.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through OutSpark.
The Payment shall be made using third party platforms and any data (personal or sensitive personal information) related to the payment e.g. Credit/Debit card, UPI information etc. shall not be accessed, processed or stored by us. Kindly review the payment gateways privacy policy through the link mentioned under our Privacy Policy
Refunds and Cancellations shall be governed as per our Refund and Cancellation Policy. Kindly review the same. Refunds and Cancellation Policy shall be read as a part and parcel of these terms of use.
In general, and except as specifically noted on our refund and cancellation policy, to the extent permitted by law, all purchases of our services are final and no refunds will be provided.
If you are dissatisfied with any of our services, please contact the support team atsupport@myoutspark.com and we will provide appropriate assistance.
We have different plans for our users. All our plan pricing is in INR only. These plans may start from Rs9 to Rs1999, depending on the value and features included in the plan. We also provide users with a free trial on our services. Current available plan for the users is for Rs1599 + taxes where users get access to 10 AI powered resumes customized for jobs along with bonuses to help the candidates
We reserve the right to make changes to the plans as and when necessary as per business requirements
All information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website, Application, Services and products are proprietary property of the Company ("Proprietary Information"). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on "OUTSPARK or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. Certain contents on "OUTSPARK may belong to third party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on "OUTSPARK.
You are not allowed to copy, or modify the product/service, any part of the product/service, or our trademarks in any way. You are not allowed to try and attempt to extract the source code of the product/service, and you also shouldn’t try to translate the product/service into other languages, or make derivative versions.
You are expressly and emphatically restricted from all of the following:
Certain areas of OUTSPARK are restricted from access by you and Company may further restrict access by you to any areas of OUTSPARK, at any time, in its sole and absolute discretion.
Our services will be available in India only. Do not register or use OUTSPARK if you are a not an Indian national residing in India.
Without limitation to any other remedies, Company may delete, suspend, terminate, limit or modify access to the services or any portions thereof if Company suspects or if you have failed to comply with any of the Terms of Use, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the blocking of your Device ID, information, benefits and use of services. Company is not and will not be held responsible or liable for any information, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.
Company may also discontinue the Services, including, but not limited to, any particular part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, Company shall not be required to provide compensation to users in connection with such discontinuation or termination of Services. Such actions may also result in disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.
"OUTSPARK services are provided “as is,” with all faults, and Coolboots makes no express or implied representations or warranties, of any kind related to "OUTSPARK or the materials contained on "OUTSPARK. Additionally, nothing contained on "OUTSPARK shall be construed as providing consult or advice to you.
"OUTSPARK may contain links or connections to third party websites or services that are not owned or controlled by the Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that the Company is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms of use and privacy policy of each third party website or service that you visit or utilize.
The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services/website. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of "OUTSPARK, whether such liability is under contract, tort or otherwise, and Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of "OUTSPARK.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
All information provided by CoolBoots Media Pvt. Ltd. on our website, OUTSPARK is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on our website.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR PLATFORM/WEBSITE- “OUTSPARK?” OR RELIANCE ON ANY INFORMATION PROVIDED ON OUR WEBSITE. YOUR USE OF OUR WEBSITE- “OUTSPARK” AND YOUR RELIANCE ON ANY INFORMATION ON OUR PLATFORM/WEBSITE- “OUTSPARK?” IS SOLELY AT YOUR OWN RISK.
Our website, OUTSPARK may contain links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the "OUTSPARK Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of "OUTSPARK/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
If any user changes or manipulates the results/output on "OUTSPARK using any unfair, fraudulent means like VPN, etc. then Coolboots Media Pvt. Ltd./"OUTSPARK will not be responsible, rather the user shall be solely responsible for his unlawful act and shall also indemnify "OUTSPARK/Coolboots Media Pvt. Ltd. for any or all claims arising out of it to the fullest extent.
If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
We are constantly working to improve the Services which may change over time. We may suspend or discontinue any part of the Services or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We will try to notify you when we make a material change to the Services that will have an adverse effect on you, but this is not always practical and non-binding. Similarly, we reserve the right to remove any Content from "OUTSPARK at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), at our sole discretion, and without any notice. As we are constantly working to improve our Services, these Terms may need to change along with the Services. When you use any of the services provided by the Company, you will be subject to the rules, guidelines, policies, terms of Use applicable to such service, and they shall be deemed to be incorporated into these terms of use and shall be considered as part and parcel of this terms of use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms of use, at any time without any prior written notice to you. It is your responsibility to review these terms of use on regular basis for updates, as we change. Your continued use of "OUTSPARK following the posting of changes will mean that you accept and agree to the revisions.
If you disagree to the new Terms, you have the option to reject them; however, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes described here, no other amendments or modifications of these Terms will be effective.
The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on OUTSPARK, constitute the entire agreement between the Company and you in relation to your use of OUTSPARK, and supersede all prior agreements and understandings with respect to the same.
If a dispute arises between you and Coolboots, Coolboots strongly encourages you to first contact Coolboots directly to seek a resolution by contacting Coolboots at support@myoutspark.com.
The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana, India without regard to the conflict of law principles and you hereby accede to and accept the jurisdiction of such courts.
You and Coolboots can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST COOLBOOTS IN YOUR INDIVIDUAL CAPACITY.
That means:
Neither you nor Coolboots may bring a claim as a plaintiff or class member in a class action,
consolidated action or representative action; the arbitrator or court cannot combine more than one
person’s claim into a single case and cannot preside over any consolidated, class or representative
arbitration proceeding (unless you and Coolboots both agree to change this in writing); and the
arbitrator’s or court’s decision or award in one person’s case can only impact the person who
brought the claim, not other users of the Services, and cannot be used to decide other disputes with
other users.
You acknowledge that the rights granted and obligations made under these Terms of Use to Coolboots are of a unique and irreplaceable nature, the loss of which shall irreparably harm Coolboots and that cannot be replaced by monetary damages alone, so that Coolboots shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).
Coolboots shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Coolboots’ control such as natural disasters, war, terrorism, riots, embargoes, pandemic, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
You agree that your use of the Services does not constitute any joint venture, partnership, employment or an agency relationship between you and Coolboots as a result of this Agreement.
If you have any questions or suggestions about the Terms of use, please contact us at support@myoutspark.com