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Last Updated On 22-Dec-2023
Effective Date 22-Dec-2023

We, BlueWhyte Software Solutions ("We", "Us", "Our", “Company”), is a cloud-based point of sales software application provider under the brand name “BlueSparc” for businesses. The Company has created and owns the BlueSparc Software and licensed the use of the same by way of various subscription model for a Subscription Fee.

The subscription to the BlueSparc POS Platform and other value added services(“BlueSparc Subscription”) offered by us is subject to our Terms of Services that is agreed by you (or anyone who accesses and uses the BlueSparc Software shall be referred to as “You”, “Your” or “User” as the context may require) at the time of subscription. You may select a BlueSparc subscription plan of your choice and make payment as per the required payment method(s) available for different BlueSparc subscription plans.


You are required to pay subscription fee as per the BlueSparc Subscription plan subscribed by you (“Subscription Fee”). The Subscription Fee for BlueSparc Subscription as stated in various subscription plans is non-refundable except as expressly set forth in these cancellation and refund terms (hereinafter referred to as “Cancellation & Refund Policy”). Taxes may apply on the subscription fee. Your paid BlueSparc Subscription will be activated only upon successful payment of the Subscription Fee made through the BlueSparc Software as per the applicable subscription plan chosen by you.

Subscription Cancellation & Refund

You may cancel your paid BlueSparc Subscription any time by visiting Your Account and adjusting your subscription settings on any of the BlueSparc Software. If you cancel the BlueSparc Subscription within 7 business days of signing up for such paid BlueSparc Subscription, we will issue a credit note to you and refund your full Subscription Fee, provided that we may charge you (or withhold from your refund) the value of BlueSparc benefits used by you and your account during this 7 business day period by issuing a partial credit note to you. If you cancel the annual BlueSparc Subscription at any other time, we will raise a credit note and refund your Subscription Fee only to the extent of your usage of the subscription plan of our BlueSparc Platform since the payment of the Subscription Fee.

If you cancel the monthly BlueSparc Subscription, the subscription fee will be refunded only if you have not made any usage or taken advantage of any of the BlueSparc benefits since payment of your Subscription Fee.


We may in our discretion change the Terms of Service as well as this Cancellation & Refund Policy, or any aspect of BlueSparc Subscription, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. If you continue subscription even after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your subscription.

Termination by Us

We may terminate your BlueSparc Subscription at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then subscription term, whether annual or monthly. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates the Terms of Service or any applicable law, involves fraud or misuse of the BlueSparc Subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms of Services or this Cancellation & Refund Policy will not constitute a waiver of any of our rights.

Limitation of Liability

In addition to other limitations and exclusions in conditions of use and sale , in no event will we or our directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to BlueSparc Software. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last subscription fee you paid. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your BlueSparc subscription.