Terms and conditions for use of Spark’s App and Spark’s vehicle services in Benin

The purpose of this Agreement is to regulate the Services provided by Spark, which is to offer you (“You”) the use of electrical scooters after You have registered Yourself in the spark App.Please read these terms and conditions carefully as they govern your use of the micro mobility services provided by spark. By accessing or using our micro-mobility service, you agree to comply with and be bound by these terms and conditions.

SPARK ONLY ALLOWS YOU TO USE THE SERVICES IF YOU ACCEPT THESE TERMS AS DISPLAYED IN THEIR LATEST VERSION ON THE APP. DO NOT MAKE USE OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

These are other terms which may apply to you : These terms refer to the following additional terms which also apply to your use of some or all services

Our privacy policy is available at: (https://ridespark.co/conditions-dutilisation/) (“Privacy Policy”). In order to provide the Services to you, we may need to collect and use your personal information.

For example, when you register for a User Account, we may require certain contact information or may need to verify your identity.

TERMS APPLICABLE TO YOUR USE OF THE SERVICES

You must be at least 18 years of age and have the requisite mental and legal capacity to use our Services.

1. YOUR Spark USER ACCOUNT

In order to use our micro-mobility services You must register for a user account through the App (“User Account”). A User Account must be created via the App. In order to set up your User Account the App will prompt you to provide us with certain information about yourself (all fields indicated as mandatory must be completed), and a method of payment (details of valid credit card, debit card, mobile money or other approved payment method), and any other information or documents required by us in order to allow you to use the App and Vehicles as indicated in the registration process in the App. The payment details are provided to our third-party payment processors and are only accessed or stored by us in masked format.

Your User Account is strictly personal to you and you will ensure that it is kept secure and not shared with or used by anyone else. You will not, directly or indirectly, create a User Account for another person or transfer your User Account to another person. When using a Vehicle, you will comply with all security measures that we may communicate to you from time to time in your User Account when unlocking the Vehicle. You are responsible for all loss and damage arising from your disclosure of your User Account information, or any electronic threats, attacks or fraudulent activity resulting from your failure to safeguard the security of your User Account. You must immediately report any suspicions of unauthorised access to your User Account to: (mettre l’adresse mail de contact). You are responsible for the use of your User Account at all times.

Each use of a Vehicle unlocked via your User Account shall be deemed a strictly personal, individual and exclusive use by You. This is an irrefragable legal presumption, which cannot be overruled. You recognise that this clause is not purely formal and is an essential clause to the conclusion and the performance of the Individual Rental Agreement.

All information that you have provided to us must be accurate, true, up-to-date and complete and you agree to keep it this way. If we have reasonable grounds to suspect any of the information you have provided to open your User Account is incorrect, inaccurate or fraudulent we may suspend or temporarily block access to your User Account until the issue is resolved to our satisfaction. We may if required or in accordance with applicable laws check and verify the information you have provided to us. You will cooperate and extend to us any assistance that is reasonably tolerable for you and required for such checks and verifications. You are responsible for all loss and damages arising from inaccurate, false or incomplete information that you provided to us. Moreover, the failure to provide accurate, true and complete information shall be deemed a serious breach under the App Agreement, the Individual Agreement and any other agreement concluded between You and Spark. During the use of the Services, you must observe these Terms. If we have reasonable grounds to suspect or become aware of any breach of the Terms, we may suspend or temporarily block access to your User Account until the issue is resolved to our satisfaction.

2. USE Of THE APP

The unlocking and the use of the Vehicles requires the use of the App with your User Account. The App is also required for the reservation and the localisation of the Vehicles, the billing and payment of the Services. The App can only be used for the App’s Purposes, any other use of the App is strictly forbidden. The App can in particular not be used to:

• commit or attempt to commit any criminal activity online,

(use and creation of false electronic documents),(electronic fraud), (hacking and electronic sabotage);

• spread or encourage violent or hate speech online or any other illegal content;

• infringe the privacy or other rights of others, including intellectual property rights.

Every use of the App infringing this Clause 2 is a serious breach of these Terms. You shall bear the exclusive liability for such breaches, both regarding criminal and civil law. The installation and the use of the App are at your own risk. You shall always be solely liable for any direct or indirect damage, prejudice or loss occurred on your device, or any other device resulting from the misuse of the App. Spark shall only be liable for any malfunction of the App that would result from its gross and repeated negligence or from its fraudulent behaviour.

4. Use of Spark Micro-Mobility Vehicles

Via your User Account you can rent a Vehicle based on an Individual Rental Agreement as follows: In your User Account you can identify any available Vehicles and unlock such Vehicles for usage. When you unlock the Vehicle in your User Account to start a ride (as further described in Section “Starting and Ending a Ride” below), you enter into an Individual Rental Agreement with Spark for the use of such specific Vehicle. Fees and Operational Areas will be displayed to you in your User Account at the time before you unlock the Vehicle. When you start a ride by clicking “unlock” you agree to pay the fees for the Service as indicated in the App at the time you require the Service. For more information on fees see the “Fees, Charges and Payment” section below.

Starting and Ending a Ride: A ride starts from the moment you “unlock” a Vehicle in the App and ends as soon as you select the “end ride” option in the App thereby locking the Vehicle again. Upon ending a ride you must park the Vehicle in accordance with our parking instructions below. Once the option “end ride” has been selected, you should wait to receive confirmation that the ride has ended. If you leave the Vehicle without properly ending the ride, the Service will continue to run and you will be required to pay for the continued use of the Service. After ending a ride you may no longer make use of the Vehicle and must repeat the unlocking process to gain use again. You are obliged to follow the below rules at all times when making use of some or all Services and all rules that may be communicated to you by Spark.

Age and Capacity: You are at least 18 years old and, when required by local laws as indicated in your User Account have a valid driver’s license. You will ensure that you are familiar with the way of operating our Vehicles and are physically and mentally fit to do so.

Safety First: Prior to using the Vehicle we recommend you inspect the Vehicle for damage (including checking the frame, deck, kickstand, tires, lights and display) and test the brakes and throttle. Make sure you check that the battery is sufficiently charged to get you to where you want to go. Before taking off you should take note of the weather and check your surroundings in order to avoid a collision and confirm you have a clear path for movement. Make sure you constantly monitor the weather, the conditions of the Vehicle and your riding environment during the ride and adjust your riding behaviour to ensure a safe ride. Should the Vehicle appear defective prior to riding or at any time during your ride you should cease using the Vehicle immediately and report it to us (“Defective Vehicle”). If you fail to report or continue using a Defective Vehicle, Spark may hold you liable for any additional damages caused by your failure to report or continued use. We recommend you wear a helmet. Spark will not be liable for any (head)-injuries which could have been avoided or mitigated by wearing a helmet, even when not legally required.

Compliance with Laws: You are obliged to conduct yourself in compliance with all applicable laws and regulations, including laws and regulations relating to the use of the Vehicles and all traffic rules and regulations applicable to the use and parking of the Vehicles. Failure to comply with this requirement may result in fines, penalties, loss of driver’s license and termination of your User Account.

Availability: Our Services may not be available 24/7. There may be circumstances where our Services are interrupted, delayed or unavailable, including due to planned maintenance, upgrades, or urgent repairs. We also reserve the right to suspend the Services in whole or in part when this is necessary for the purposes of our legitimate interests. You can identify which Vehicles are available at any time via our App. The number of Vehicles is limited and Vehicle availability is never guaranteed even within the Operational Zones and, we are not responsible if You are unable to locate an available Vehicle. Availability of Vehicles may differ within and between different Operational Zones due to high demand.

Sole User: When you unlock a Vehicle you must be the sole user of such Vehicle and you are solely responsible for compliance with the rules as set forth in these Terms when using the Vehicle. You will ensure that no one except you uses a Vehicle once you have unlocked it. YOU WILL NOT CARRY OTHER PEOPLE OR ANIMALS ON OR IN CONNECTION WITH OUR VEHICLES. IT IS STRICTLY PROHIBITED TO RIDE A VEHICLE WITH MORE THAN ONE PERSON. THE VEHICLES ARE DESIGNED FOR USE BY ONE INDIVIDUAL AUTHORISED USER AT A TIME.

Handle our Vehicles with Care: You are obliged to treat any equipment (including Vehicles) provided to you with appropriate care, diligence and safety at all times.

Restrictions on use of Services: You will comply with the following use restrictions in relation to our Services at all times:

• You will not operate the Vehicle outside of the area

indicated in the App (“Operational Areas”). The Operational Area is indicated during the unlocking process and will always be visible to you within the map on the App. Should you leave the Operational Areas at any time we may disable the Vehicle and claim damages from you for not returning the Vehicle to an Operational Area. The map within the App will indicate whether the Vehicle is outside or inside the Operational Area.

• You will not operate the Vehicles in areas in which any

competent local authority has prohibited the use of the Vehicles (“No Ride Zones”).

• You will not use the Vehicles on unpaved roads, through

water (beyond normal urban riding) and/or for racing, mountain riding, stunt or trick riding.

• You will use the Vehicle in compliance with all applicable

laws, in particular any road traffic rules.

• You will not rent, lease, sell, resell or otherwise monetise

or make commercial use of our Vehicles and/or Services (commercial use includes but is not limited to, advertising, ride-sharing, courier trips and food delivery).

• You will not ride a Defective Vehicle of which you are

aware and should a Vehicle become defective at any stage during your ride you will cease using it immediately and notify us.

• You will not unlock our Vehicles except through the App

or as otherwise permitted by us from time to time via the use of Third Party Platforms.

• You will not dismantle, modify, repair or tamper with any

of the Vehicles nor any part of the Vehicles.

• You will not ride a Vehicle carrying a bag, backpack or

other item if this prevents you or interferes with your ability to ride the Vehicle in a safe way.

• You will not exceed the maximum weight limit for the

Vehicle, being 100kg for e-scooters.

• Whilst riding a Vehicle, you will not use your mobile

phone, portable music player and/or any other device that may distract you or interfere with you riding the Vehicle in a safe way. Should you choose to make use of a mobile phone holder on a Vehicle you acknowledge, understand and agree that: (I) your use of the mobile phone holder or any other device is at your own risk; (II) the mobile phone holder may not hold your mobile phone or any other device securely due to surface conditions and device type; and (III) Spark shall not be liable for any loss or damage caused to your mobile phone or any other device as a result of your use of the mobile phone holder.

• Always hold both handlebars of the Vehicle whilst riding.
• E-scooters may only be operated at a maximum speed of

20km/h or such lower speed as permitted by the competent local authority based on the specific area you are operating the e-scooter.

• When operating a Vehicle at night or in circumstances

where visibility is diminished due to the weather or season you will use reflective clothing such as a jacket or belt at all times and ensure that the Vehicle’s front and back lights work and are switched on.

Parking: You must park Vehicles in Designated Parking Areas

within the Operational Areas and where no Designated Parking Areas exist you will always park the Vehicle in a manner which is permitted by law and does not block building entrances or interfere with the use of public streets, roads and sidewalks by pedestrians, or traffic, and that allows us to access the Vehicle. Spark may request you send a photograph of the Vehicle to evidence that it has been parked correctly. Such a request will be made within the App when you choose to end a ride and lock the Vehicle. Ending a ride for some Vehicles may involve additional manual steps, these will be communicated to you via the App. Do not attempt to secure or lock the Vehicles by any method other than through the App. We may charge you a fee of up to (mettre un prix adequat pour des damages )in respect of our costs for recovering any Vehicle in the

event you do not follow our above-mentioned parking and locking instructions.

Fines: You will be solely liable for and will pay any fines, fees, penalties, impounding cost and/or other charges imposed by an administrative or judicial authority resulting from parking or using a Vehicle improperly, or by you violating any law, rule or regulation while using our Vehicles or by you failing to comply with any of these Terms (“Fines”). In such cases, Spark will be authorised to provide any necessary information of you, requested or required by the relevant government authority. In some instances, we may pay such Fines on your behalf (in which case you will reimburse us for the payment of such Fines together with an administration fee and any additional costs reasonably incurred by us for handling the payment of the Fine on your behalf unless you can prove that the costs for such efforts made by us for handling such Fines were lower). Spark has the right to deduct such Fines and charges from your chosen payment method and should you have insufficient funds available for us to deduct such Fines and charges, you agree that we can contact you in order for you to make payment to us (such payment to be made immediately upon request). Without prejudice to the section on “Parking” and “Fines”, Spark may charge you a penalty for any breach of the Terms, regardless of whether another Fine, administration fee or penalty is imposed because of or in relation to a breach of the Terms.

Use of Vehicles under the influence of drugs or driving: You may not use our Services while under the influence of alcohol, drugs or other substances. Prior to the use of any Vehicle, you must check your intoxication level and your abilities to drive safely and react on time. You will be solely responsible for any damages that occurs if you use vehicles under the influence.

Reporting Accidents and Loss or Damage to Vehicles: You will report any damages, accidents, personal injury, Defective Vehicles, stolen or lost Vehicle to us and the context of your use of the Vehicle immediately by contacting us via email at: (l’adresse mail de la compagnie). You will immediately file a report with the local police department if a Vehicle you rented is stolen. Note that any failure to report an accident may impact your coverage under any insurance provided by us must follow all local traffic laws and regulations while using our service.

RISK OF INJURIES AND DAMAGES: RIDING, USING OR OPERATING A VEHICLE CARRIES AN INHERENT RISK OF CAUSING INJURY (INCLUDING DEATH) TO YOURSELF, OTHERS AND/OR DAMAGE TO PROPERTY THAT CANNOT BE AVOIDED ENTIRELY EVEN IF PROPER PRECAUTIONS ARE TAKEN. AS THE DRIVER AND SOLE CONDUCTOR OF THE VEHICLE, YOU UNDERSTAND THAT YOU TAKE FULL RESPONSIBILITY FOR SUCH RISK OF INJURIES AND DAMAGES.

5. FEES, CHARGES AND PAYMENT

Fees

The fees for the use of our Vehicles are charged on a pay-per-use basis. Each time you wish to use a Vehicle you may be charged an unlock fee in addition to use fees which are calculated based on the duration of your use of the Vehicle. The fees are disclosed in your User Account before you unlock a Vehicle. The fees are calculated from the moment the Vehicle is unlocked until the moment the Vehicle is locked via your User Account. The fees will be rounded up to the nearest unit of time based on the applicable billing model (i.e. per second, per minute or per hour). Both the applicable unlock fee and the applicable billing model and fees charged can be viewed in the App. All fees are non-refundable and inclusive of VAT.

Payment

Payment may be made by the credit or debit card you loaded in order to register for a User Account or by any other payment method permitted by Spark. You may select your preferred payment method for the ride prior to unlocking the Vehicle by selecting from the payment menu in the App. All receipts and invoices for your use of the Vehicles are available within the App when selecting “My rides” and will also be sent via email should you provide us with your email address. Should your payment in the App be rejected, Spark reserves the right to suspend your User Account until the outstanding payment is settled. We will send you an email requesting that you settle all outstanding payments. If such amounts are not settled within the requested timelines Spark will terminate your App Agreement and take any legal actions that it deems necessary in order to recover the outstanding payment including seeking compensation for any damages you caused.

Promo Codes

In some circumstances, Spark may provide you with promotional codes (“Promo Codes”) which grant you a reduction in fees within the App. Promo Codes are subject to any additional terms and conditions we communicate to you at the time of issuing the promo Code for use. Promo Codes may only be utilized once and are specific to a User Account. Spark may terminate the validity of Promo Codes for any reason at any time. Should you have breached any of these Terms or the additional terms and conditions communicated to you at the time of issuing the Promo Codes, we may reject any future use of the Promo Codes by you.

Passes

Prepaid passes may be available to purchase via the App(“Passes”). The purchase price together with any other limitations on the Pass (such as the maximum number of rides (“Max Rides”), the maximum duration of rides (“Max Ride Duration”), the duration of Pass (“Term”), times or days when rides may be used will be communicated to you within the App prior to your purchase. Should you select a Pass for purchase the pass will commence immediately upon Spark. confirming receipt of your payment (“Start Date”). Passes will terminate on the earlier of: (I) your use of the Max Rides; and (II) the end of the Term (“End Date”). Should your ride be shorter than the Max Ride Duration, any unused portion of the ride will not be carried over and will be lapsed. Should you exceed the Max Ride Duration on any ride you shall be charged at the standard rate per minute as indicated in the App. Passes may not be used in conjunction with promotional offers, rewards or other discounts. Spark may cancel your Passes: (I) without cause at any time during the Term by providing you with thirty (30) days prior written notice; (II) immediately should you fail to make payment to Spark, or should you be in material breach of these Terms. Should you have breached any of these Terms, we may refuse to make Passes available to you in the future. Passes may be purchased with any available payment method except for payment via wallet. Fees for Passes are payable in advance.

Subscriptions

subscriptions may be avai lable to purchase via the App(“Subscriptions”). The purchase price together with any other limitations on the Subscription (such as a maximum number of rides during each month of the Subscription (“Max Rides”), the maximum duration of rides (“Max Ride Duration”), the duration of Subscription (“Term”), times or days when rides may be used and the city where the Subscription may be used) will be communicated to you within the App prior to your purchase. Should you select a Subscription for purchase, the Subscription will commence immediately upon Spark confirming receipt of your payment “Start Date”). Subscriptions will terminate on the earlier of: (I) you exercising your right to cancel; and (II) where no auto-renewal is expressly stated, the end of the Term (“End Date”). Should you exceed the Max Rides or the Max Ride Duration during the Term you shall be charged at the standard rate per minute as indicated in the App . If your Subscription is subject to auto-renewal Spark shall notify you prior to your purchase of the Subscription. When a Subscription is subject to auto-renewal it will be automatically renewed for the same length of time as the original Subscription period and will continue indefinitely until you exercise your right to cancel prior to the next auto-renewal period. If you elect to cancel your Subscription after the auto-renewal date, but prior to the next autorenewal period you will not be entitled to any refund for the remainder of the then-current renewal period. The Services will continue to be available to you during this time. If a Subscription is subject to auto-renewal Spark shall notify you of your right to cancel and the process for cancellation. Should we fail to provide you with such notification you may terminate the Subscription at any time following the auto-renewal date. Spark reserves the right to modify, amend or vary any Subscription terms (including the price) by providing you with 14 days prior written notice. You shall have the right to cancel the Subscription and receive a refund should you not wish to continue with the modified terms. Subscriptions may not be used in conjunction with promotional offers, rewards or other discounts. Spark may cancel your Subscription: (I) without cause at any time during the Term by providing you with 30 days prior written notice; (II) immediately should you fail to make payment to Spark, or should you be in material breach of these Terms. Should you have breached any of these Terms, we may refuse to make Subscriptions available to you in the future.

Wallet

You may elect to load credit to your wallet. The credit balance of your wallet is always indicated within the App. Credits in your wallet are not fiduciary currency and are non-refundable and nonredeemable. You may only utilise credits to purchase the Services fromSpark.

6. INTELLECTUAL PROPERTY

As part of the App Agreement, we grant you a personal, limited, royalty-free, non-exclusive, revocable and non-transferable, license to download and use our App solely to enable you to use the Services and for non-commercial purposes. You may use the App only as permitted by the Terms. You may not, and will not permit any other party to: (I) modify, reverse engineer, adapt, improve, enhance, alter, translate or create derivative works of the App; (II) create a database by systematically downloading and storing the App; (III) access the Services for the purposes of extracting data whether manually or by automated means including robots, scrapers, or spiders; and/or (|v) use the App for any commercial purposes. All our intellectual property rights (such as copyrights, trademarks and all content incorporated in the Services) related to the Services, shall remain the exclusive property of Spark and its licensors at all times and will not be transferred to you in any way. If you do not comply with the above-mentioned terms of use for the App, we can terminate the App Agreement suspend any further access to the App and our Services.

7. LIMITATION OF LIABILITY

Spark’s CONTRACTUAL AND STATUTORY LIABILITY FOR DAMAGES CAUSED BY SLIGHT NEGLIGENCE SHALL, IRRESPECTIVE OF ITS LEGAL GROUND, BE LIMITED AS FOLLOWS: (I) SPARK SHALL BE LIABLE UP TO THE AMOUNT OF THE FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF CONTRACT DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS; (II) Spark SHALL NOT BE LIABLE DUE TO A BREACH OF ANY NON-MATERIAL CONTRACTUAL OBLIGATIONS NOR FOR THE SLIGHTLY NEGLIGENT BREACH OF ANY OTHER APPLICABLE DUTY OF CARE. THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, AND ANY LIABILITY FOR CULPABLY CAUSED PERSONAL INJURIES. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT SPARK HAS ASSUMED A SPECIFIC GUARANTEE. YOU SHALL BE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE DAMAGES.

8. INDEMNIFICATION

SUBJECT TO CLAUSE 7 ABOVE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SPARK HARMLESS, FROM AND AGAINST ALL FINES, PENALTIES, CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE LEGAL COSTS) ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO; AND ATTRIBUTABLE TO : (I) YOUR NEGLIGENT OR MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS; (II) YOUR NEGLIGENT OR BREACH OF THESE TERMS; (III) ANY NEGLIGENT OR MISREPRESENTATION IN CONNECTION WITH THE CONTENT AND INFORMATION DIRECTLY OR INDIRECTLY PROVIDED BY YOU THROUGH THE APP; (IV) ANY DEATH OR BODILY INJURY TO ANY PERSON AND ANY DAMAGE, LOSS OR DESTRUCTION OF ANY REAL OR TANGIBLE PROPERTY ARISING FROM YOUR NEGLIGENT OR USE OF THE SERVICES IN VIOLATION OF THESE TERMS; AND (V) ANY FINES OR OTHER PENALTIES ARISING FROM YOUR NEGLIGENT OR MISUSE OF THE SERVICES IN VIOLATION OF THESE TERMS YOUR OBLIGATION TO INDEMNIFY SPARK WILL SURVIVE TERMINATION OF THESE TERMS AND ANY CANCELLATION, TERMINATION OR SUSPENSION OF THE SERVICES.

9. TERMINATION

Both parties (you and Spark) have the right to terminate the App Agreement at any time subject to a prior notice to the other party (to be provided by email). Such notice will take effect 7 calendar days following the date of the notice. The right to terminate the App Agreement and any Individual Rental Agreement for cause without notice period remains unaffected. In case of a termination of the App Agreement, Spark (I) will suspend the User Account and deny any further access to and usage of the Services, and (II) may claim you immediately park and leave any Vehicles in your possession in a Designated Parking Area as well as fees for the usage of any Vehicle until the Vehicle is returned.

10. MODIFICATIONS

WE MAY AMEND THESE TERMS FROM TIME TO TIME, INCLUDING APPLICABLE FEES AND INSURANCE POLICIES. WE WILL INFORM YOU ABOUT THE AMENDED TERMS IN OUR APP, ON OUR WEBSITE AND / OR VIA E-MAIL. YOU WILL BE DEEMED TO HAVE ACCEPTED THE AMENDED TERMS.

11. FORCE MAJEURE

We shall not be responsible for any loss, damage, default or failure which is caused by occurrences outside of our control including, connectivity failures, power outages, riots, fires, floods, windstorms, explosions, epidemics, pandemics, a state of epidemic or pandemic emergency, war, sabotage, government actions, changes of laws, regulations, administrative provisions and other rules.

12. GENERAL

To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable that provision shall be struck out of these Terms, and the remainder of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law. You may not cede, assign or delegate any of your rights or obligations under these Terms without our prior written approval and any attempted assignment without our prior written consent is void. We may cede, assign or delegate any of our rights or obligations to a third party without your consent. In this case, you have the right to terminate pursuant to clause 9. You and Spark are independent contractors and there is no actual or deemed partnership, franchise, joint venture, agency, employment or other fiduciary relationship between you and Spark. Rights and obligations, which by their nature should survive the termination or expiration of these Terms or your use of the Services, will survive. Our failure to promptly exercise any contractual right, does not of itself mean that the right has been waived unless we acknowledge and agree to such waiver in writing and it will not give rise to an ongoing waiver or any expectation that the right will not be enforced, unless it is expressly stated to do so. These Terms are the entire agreement relating to its subject matter and supersede all prior or contemporaneous oral or written communications, understandings, and proposals of you and us relating to the subject matter of these Terms. Any phrase in these Terms introduced by the terms “including”, “include”, “in particular” or any similar expression shall mean “including, without limitation”.

13. CONTACTS

Should you have any questions relating to the Services please email us at: (contact@spark.bj)