Terms of Service

1. Who we are

These Terms are entered into with:

Email: info@thenewspark.co, business@thenewspark.co
Phone: +8619550255070

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use our services. If you use the App through Meta platforms, you must also comply with Meta’s applicable terms and community standards. Use of the App by anyone under the minimum age required by applicable law is prohibited.

3. Our services

We provide business-to-business sourcing, trade facilitation, and related advisory services connecting international buyers with suppliers primarily in China. Specific deliverables, fees, timelines, and scope are defined in separate quotes, statements of work, purchase orders, or written agreements (“Service Agreements”) where applicable.

Information on our website and App is for general information only. It does not constitute an offer, guarantee of supplier performance, or professional legal, tax, or customs advice unless expressly agreed in writing.

4. Accounts and the App

If you create an account or connect through Facebook Login or other Meta products:

  • You are responsible for maintaining the confidentiality of your credentials
  • You must provide accurate information and keep it up to date
  • You must notify us promptly of any unauthorized use of your account
  • We may suspend or terminate access if we reasonably believe your account has been compromised or is used in violation of these Terms

Your use of Meta login and APIs is also subject to Meta’s terms and policies. Our Privacy Policy describes how we handle personal data.

5. Acceptable use

You agree not to:

  • Use our services for any unlawful purpose or in violation of export, import, or sanctions laws
  • Submit false, misleading, or fraudulent information about products, suppliers, or orders
  • Interfere with or disrupt the website, App, or related systems
  • Attempt to gain unauthorized access to our or third-party systems or data
  • Scrape, reverse engineer, or misuse our content or APIs except as permitted by law or written consent
  • Infringe intellectual property, privacy, or other rights of any person or entity
  • Use our services to source prohibited, counterfeit, or restricted goods without required licenses

We may investigate violations and cooperate with law enforcement where appropriate.

6. Client responsibilities

When engaging us for sourcing or trade support, you are responsible for:

  • Defining product specifications, quality standards, and compliance requirements
  • Verifying that ordered goods meet your market’s regulatory and labeling requirements
  • Payment terms, customs clearance, and import duties unless otherwise agreed in writing
  • Final approval of suppliers, samples, and shipments where agreed in your Service Agreement

We act as an intermediary or agent as described in your Service Agreement. Unless expressly stated otherwise, contracts for goods are between you and the supplier.

7. Fees and payment

Fees for paid services are as quoted in your Service Agreement or invoice. Unless stated otherwise, quotes are valid for the period specified and may exclude third-party costs (e.g., factory payments, shipping, inspections, bank fees). Late payment may result in suspension of services and interest or charges permitted by law.

8. Intellectual property

The website, App, branding, text, graphics, and other materials we provide are owned by us or our licensors and protected by applicable intellectual property laws. You receive a limited, non-exclusive, non-transferable license to access and use them for your internal business purposes in connection with our services. You may not copy, modify, distribute, or create derivative works without our prior written consent.

You retain ownership of content you submit. You grant us a license to use that content as needed to provide and improve our services and to comply with law.

9. Third-party services and suppliers

Our services may involve third parties, including manufacturers, logistics providers, inspection companies, and Meta. We do not control third-party conduct, product quality, or delivery timelines. Your dealings with suppliers and carriers are subject to their terms unless we have expressly assumed obligations in a Service Agreement.

Links on our website or App to third-party sites are provided for convenience. We are not responsible for their content or practices.

10. Disclaimers

To the fullest extent permitted by law, our website, App, and services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant uninterrupted or error-free operation, that suppliers will meet every requirement, or that goods will be free from defects. Sampling, inspection, and due diligence reduce risk but do not eliminate it in international trade.

11. Limitation of liability

To the fullest extent permitted by law, neither we nor our directors, employees, or agents shall be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunities, arising from or related to these Terms or our services, even if advised of the possibility of such damages.

Our total aggregate liability for claims arising out of or relating to these Terms or services provided under them shall not exceed the greater of (a) the amounts you paid us for the specific service giving rise to the claim in the twelve (12) months before the claim, or (b) one hundred U.S. dollars (USD $100), except where liability cannot be limited under applicable law.

12. Indemnification

You agree to indemnify and hold harmless The New Spark International and its affiliates, officers, and employees from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of our services, your breach of these Terms, your violation of law, or your dealings with suppliers and end customers, except to the extent caused by our gross negligence or willful misconduct.

13. Termination

You may stop using our services at any time. We may suspend or terminate your access to the website or App, with or without notice, if you breach these Terms or if required for security, legal, or operational reasons. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.

Termination of website or App access does not automatically end separate Service Agreements; those are governed by their own terms.

14. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms on this page and update the effective date above. For material changes, we may provide additional notice through the App or by other appropriate means. Your continued use after changes become effective constitutes acceptance of the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles, except where mandatory consumer or local laws in your jurisdiction require otherwise.

Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiation. If not resolved within thirty (30) days, disputes shall be submitted to the exclusive jurisdiction of the courts of Hong Kong, unless applicable law requires a different forum.

16. General

  • Entire agreement: These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement regarding use of the website and App unless otherwise agreed in writing
  • Severability: If any provision is held invalid, the remaining provisions remain in effect
  • No waiver: Failure to enforce a provision is not a waiver of our right to do so later
  • Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets

17. Contact us

If you have questions about these Terms, contact us at: