Welcome to Sparrk

These Terms and Conditions (“Terms”) govern your access to and use of the website located at sparrk.ph (the “Site”) and any associated services operated by Sparrk (“we,” “us,” or “our”). By accessing or using the Site or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not access or use the Site or services.

1. Application and Introduction

1.1. The Sparrk Platform: Sparrk provides an online platform that connects individuals and organizations who wish to list and rent out their sport facilities (Hosts) with individuals who wish to book and use such facilities for various sporting activities (Guests). Sparrk’s role is solely to facilitate the availability of the Platform and related services for Hosts and Guests. Sparrk does not own, operate, or control any sport facilities listed on the Platform, nor does it provide sport facilities itself.

1.2. Definitions: 

Platform: Refers to the Sparrk mobile application, website, and any related services.

Sparrk, “we,” “us,” “our”: Refers to Sparrk.

User, “you,” “your”: Refers to any person or entity accessing or using the Platform, including Hosts and Guests. 

Host: Refers to a registered user who lists and offers a sport facility for booking through the Platform. 

Guests: Refers to a registered user who books and uses a sport facility listed by a Host through the Platform. 

Facility or Sport Facility: Refers to any sports venue, court, field, gym, or other space listed by a Host for booking on the Platform. 

Booking: Refers to the reservation of a Facility by a Guests through the Platform. 

Content: Refers to text, graphics, images, music, software, audio, video, information, or other materials. 

Host Content: Refers to any Content that a Host posts, uploads, publishes, submits, or transmits to be made available through the Platform, including Facility listings. 

Total Price: Means the Facility Fee plus Sparrk Service Fees and any applicable Taxes. 

Payout Method: The financial account selected by the Host to receive Payouts. 

Sparrk Wallet: Refers to the virtual account within the Platform where Users’ funds for Booking purposes, Payouts, or refunds may be held for the convenience of transactions.

1.3. Agreement: These Terms constitute a legally binding agreement between you and Sparrk. You acknowledge and agree that by accessing or using the Platform, you are entering into a contract with Sparrk.

2. Acceptance of Terms

2.1. Capacity: You represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are accessing or using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Modification of Terms

3.1. Right to Modify: Sparrk reserves the right, at its sole discretion, to modify these Terms at any time. If we modify these Terms, we will post the updated Terms on the Platform and update the “Last Updated” date at the top of these Terms.

3.2. Notification: We will also provide you with notice of the modifications via email or through the Platform at least thirty (30) days before the date they become effective.

3.3. Acceptance of Changes: By continuing to access or use the Platform after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Platform.

4. Eligibility

4.1. Age Requirement: The Platform is intended solely for persons who are 18 years or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 years or older.

4.2. Compliance with Laws: You agree to comply with all applicable laws, regulations, and ordinances regarding your use of the Platform and any Bookings made through it.

5. Account Registration

5.1. Account Creation: To access certain features of the Platform, you must register for an account. You can register to become a Host or a Guests.

5.2. Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5.3. Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify Sparrk immediately of any unauthorized use of your account. Sparrk is not liable for any loss or damage arising from your failure to comply with these obligations.

6. User Conduct

6.1. General Rules: You agree not to: 

• Use the Platform for any illegal or unauthorized purpose. 
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. 
• Interfere with or disrupt the operation of the Platform or the servers or networks connected to the Platform. 
• Upload or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. 
• Engage in any form of “scraping” or data extraction without prior written consent from Sparrk. 
• Violate any local, state, national, or international law or regulation.

6.2. Interactions with Other Users: You are solely responsible for your interactions with other Users of the Platform. Sparrk has no responsibility or liability for any act or omission of any Host or Guests.

7. Host-Specific Terms

7.1. Listing Facilities: 

Accuracy: As a Host, you agree to provide accurate, complete, and up-to-date information for your Facility listings, including but not limited to, availability, pricing, rules, photos, and descriptions. 

Availability: You are responsible for keeping your Facility’s availability calendar accurate and up-to-date. 

Authority: You represent and warrant that you have all necessary rights, licenses, and permissions to list and rent out your Facility through the Platform.

7.2. Host Responsibilities: 

Maintenance & Safety: You are solely responsible for ensuring that your Facility is safe, clean, well-maintained, and complies with all applicable health, safety, and zoning laws and regulations. 

Insurance: Sparrk strongly recommends that Hosts obtain appropriate insurance for their Facilities and activities conducted therein. Sparrk does not provide insurance coverage for Hosts or Guests. 

Access: You agree to provide Players with timely and appropriate access to the Facility for their booked period. 

Compliance with Booking: You agree to honor all confirmed Bookings and provide the Facility as described in your listing.

8. Guest-Specific Terms

8.1. Booking Process: 

Commitment: When you confirm a Booking through the Platform, you are entering into a binding agreement with the Host to rent the Facility for the specified time and price. 

Payment: You agree to pay the Total Price, including the Facility fee, Sparrk service fees, and any applicable taxes, at the time of Booking confirmation.

8.2. Guests Responsibilities: 

Adherence to Rules: You agree to adhere to all rules, regulations, and instructions provided by the Host for the Facility. 

Care of Facility: You are responsible for leaving the Facility in the same condition as you found it. You will be liable for any damage caused to the Facility during your Booking. 

Safety: You acknowledge and accept that engaging in sporting activities carries inherent risks. You assume full responsibility for your own safety and the safety of any guests you bring to the Facility. 

Prohibited Activities: You agree not to engage in any illegal, unsafe, or unauthorized activities at the Facility.

8.3. Cancellation and Refunds (Guests): 

Cancellation and refund policies are set by individual Hosts and will be clearly displayed on the Facility listing. 

Guests must review and understand the specific cancellation policy for each Facility before making a Booking. 

Sparrk will process refunds in accordance with the applicable Host’s cancellation policy. Sparrk’s service fees are generally refundable.

9. Host Payment Terms

9.1. Timing of Payment Collection: Sparrk, through its third-party payment processors, generally collects the Total Price may be collected at the time the Booking request is made.

9.2. Payout to Host: Your Payout for a Booking will be the Total Price collected from the Guests, minus Sparrk’s applicable service fees and any taxes Sparrk is required to collect and remit.

9.3. Payout Schedule: Payouts to Hosts are automatically credited to their Sparrk Wallet upon the successful completion of a Booking. Hosts may then manage or withdraw their funds through the platform. The availability of funds for withdrawal may be subject to processing times and any applicable verification requirements.

9.4. Payout Methods: To receive Payouts, Hosts must connect a valid Payout Method to their Sparrk account. You are solely responsible for ensuring the accuracy and validity of your Payout Method details. Sparrk is not liable for delayed or failed payouts due to incorrect or outdated payment information provided by the Host.

9.5. Payout Restrictions and Holds: Sparrk reserves the right to temporarily place a hold on, suspend, or cancel any Payout for reasons including, but not limited to, suspected violations of these Terms, suspected or known unlawful activity or fraud, chargeback requests, risk assessment, security concerns, identity verification, or during the course of an ongoing investigation.

9.6. Recovery of Funds: If a refund is issued to a Player after you have already received a Payout for that Booking, or if the amount of the refund, chargeback, or any other costs incurred by Sparrk exceeds your future Payouts, Sparrk reserves the right to recover the outstanding amount from you. Hosts are required to contact Sparrk before issuing any refund to a Player. All refund requests must be coordinated with Sparrk to ensure proper processing and to avoid unexpected deductions or disputes.

9.7. Payout Limits: For compliance or operational reasons, Sparrk may, at its sole discretion, limit the amount of a single Payout. If the amount due to you exceeds such a limit, Sparrk may make a series of Payouts over multiple days to remit the full amount.

9.8. Additional Charges and Payouts: If a Guests incurs additional charges during a Booking (e.g., for added amenities, extended time, extra guests), and these charges are confirmed and processed through the Sparrk Platform, the payout to the Host for these additional amounts will follow the same schedule as regular Booking Payouts. Hosts are responsible for ensuring that all such additional charges are accurately recorded and confirmed via the Sparrk Platform before rendering the services.

10. General Payment Provisions

10.1. Currency: All payments and fees will be processed in the currency specified on the Platform.

10.2. Service Fees: Sparrk charges service fees for the use of its Platform, which may be applied to both Hosts and Guests. These fees will be clearly disclosed before you complete a Booking or Facility listing. Sparrk reserves the right to change its service fees at any time, with prior notice as specified in Section 3.

10.3. Payment Processing: Sparrk uses secure third-party payment processors to facilitate all payments. By using the Platform, you agree to be bound by the terms and conditions of these third-party payment processors. Sparrk is not responsible for any errors, delays, or security breaches caused by payment processors.

11. Payment Security and Funds in Sparrk Wallet

11.1. Funds Held in Sparrk Wallet: When using Sparrk’s services, Guests and Hosts may have funds stored in the Sparrk Wallet for booking purposes, Payouts, or refunds. These funds are held securely within the Platform for the convenience of transactions related to Bookings.

11.2. Withdrawal of Funds: Users may withdraw eligible funds from their Sparrk Wallet at any time, provided that all conditions for withdrawal are met, as outlined in this user agreement and any associated platform guidelines.

11.3. Contingency Plan for Service Discontinuation: In the unlikely event that Sparrk’s operations cease or the Platform is permanently shut down, Sparrk is committed to ensuring that users’ funds are properly managed. Although a formal contingency plan is currently under development, users will be notified of the steps required to withdraw their funds before any potential discontinuation. We are actively working on a formal policy to address fund security in the event of unforeseen circumstances.

11.4. Refund and Payment Handling (Discontinuation): Should Sparrk’s operations cease unexpectedly, users will be entitled to receive a refund of the funds remaining in their accounts, processed through the original payment method, where feasible. More detailed guidelines on this process will be outlined once the contingency plan is finalized.

12. Cancellations and Refunds

12.1. Host Cancellation: If a Host cancels a confirmed Booking, Sparrk will notify the Guests and process a full refund to the Guests, including any Sparrk service fees. Sparrk may, at its discretion, impose penalties on Hosts for cancellations, especially if they are due to the Host’s fault and not covered by extenuating circumstances.

12.2. Guests Cancellation: Guests cancellations are subject to the specific cancellation policy set by the Host for each Facility listing. Sparrk will only process refunds in accordance with that policy.

12.3. Force Majeure: Sparrk is not responsible for any cancellations or inability to fulfill Bookings due to events beyond its reasonable control, including but not limited to, natural disasters, acts of war, terrorism, or widespread public health emergencies. In such cases, Sparrk’s standard cancellation and refund policies may be adjusted at our sole discretion.

13. Disputes

13.1. Host-Guests Disputes: Any dispute arising between a Host and a Guests regarding a Booking or the use of a Facility is primarily a matter between the Host and the Guests. Sparrk may, but is not obligated to, offer mediation or dispute resolution services to assist in resolving such disputes.

13.2. Disputes with Sparrk: Any dispute between you and Sparrk arising out of these Terms or your use of the Platform will be resolved through good faith negotiations. If a resolution cannot be reached, the dispute will be resolved in accordance with Section 19 (Governing Law and Jurisdiction).

14. Intellectual Property

14.1. Platform Content: All Content on the Platform, excluding User Content, is the exclusive property of Sparrk or its licensors and is protected by copyright, trademark, and other intellectual property laws.

14.2. User Content: You retain ownership of any Content you post, upload, publish, submit, or transmit to be made available through the Platform (User Content). By making User Content available on or through the Platform, you grant Sparrk a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content on, through, or by means of the Platform.

15. Disclaimers

15.1. “As Is” Basis: The Platform and all content are provided “As Is” without warranty of any kind, either express or implied. Without limiting the foregoing, Sparrk explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quit enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

15.2. No Endorsement: Sparrk makes no warranty that the Platform or Facilities will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Sparrk makes no warranty regarding the quality of any listings, Facilities, Hosts, Guests, or the accuracy, timeliness, truthfulness, completeness, or reliability of any Content obtained through the Platform.

15.3. Host/Guest Responsibility: You are solely responsible for all of your communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the Platform. You understand that Sparrk does not make any attempt to verify the statements of users of the Platform or to review any Facilities.

16. Limitation of Liability

16.1. Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall Sparrk, its affiliates, officers, directors, employees, agents, or licensors be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the platform or any bookings, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Sparrk has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

16.2. Cap on Liability: In no event will Sparrk’s aggregate liability arising out of or in connection with these terms and your use of the platform exceed the amounts you have paid or owed for bookings via the platform as a player in the twelve (12) month period prior to the event giving rise to the liability, or if you are a host, the amounts paid by Sparrk to you in the twelve (12) month period prior to the event giving rise to the liability.

17. Indemnification

17.1. Your Obligation: You agree to release, defend, indemnify, and hold Sparrk and its affiliates and their officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: 

Your access to or use of the Platform or your violation of these Terms; 

Your Host Content;

Your (i) interaction with any User, (ii) Booking of a Facility, or (iii) creation of a listing for a Facility; 

The use, condition, or rental of a Facility by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Facility.

18. Termination

18.1. Termination by Sparrk: Sparrk may, in its sole discretion, without liability, and for any reason, with or without cause, with or without prior notice, at any time: 

Terminate these Terms or your access to our Platform. 

Deactivate or cancel your Sparrk account. 

Remove any of your listings.

18.2. Termination by User: You may stop using the Platform at any time and may cancel your Sparrk account by contacting us.

18.3. Survival: Sections 1, 2, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18.3, 19, and 20 shall survive any termination or expiration of these Terms.

19. Governing Law and Jurisdiction

19.1. Governing Law: These Terms and your use of the Platform will be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.

19.2. Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be brought exclusively in the courts located in Metro Manila, Philippines. You hereby consent to the personal jurisdiction and venue in these courts.

20. General Provisions

20.1. Entire Agreement: These Terms, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the entire and exclusive understanding and agreement between Sparrk and you regarding the Platform.

20.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

20.3. No Waiver: The failure of Sparrk to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

20.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Sparrk’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Sparrk may assign or transfer these Terms, at its sole discretion, without restriction.

20.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Sparrk via email (to the address associated with your account) or by posting on the Platform.

Contact Information: If you have any questions about these Terms, please contact us at hello@sparrk.ph.