Welcome to www.sparklease.com. These Terms of Use, our Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively, the "Services" and our technology platform, “SparkLease”). The Privacy Policy and all of our other policies are incorporated into these Terms of Use. When you create a SparkLease account (your “Account”) or post content on SparkLease you agree to comply with our Terms of Use and our policies, and agree that we may collect, use and disclose your personal information as described in our Privacy Policy – this is a legally binding agreement.
SparkLease is provided to you by SparkLease Inc., 200 Consumers Rd, Suite 405, Toronto, ON, M2J 4R4.
Your Account
In order to access and use some or a portion of the Services, you may be required to register with us and set up an Account with your email address/phone number and a password. The email address/phone number you provide will be your email address/phone number, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at SparkLease Customer Support.
Using the Services. You will post in the appropriate category or area and in your use of the Services will not do any of the following:
● violate any laws;
● post content that infringes the rights of third parties (this includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale));
● post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required;
● be false, deceptive, or misleading or provide to us any false, inaccurate or misleading information about, or information that misrepresents, yourself or any vehicle you wish to sell using the Services;
● provide any false, misleading
● infringe any third-party right;
● distribute or contain spam, chain letters, or pyramid schemes;
● distribute viruses or any other technologies that may harm SparkLease or the interests or property of SparkLease users;
● impose an unreasonable load on our infrastructure or interfere with the proper working of SparkLease;
● post information that violates applicable law and regulations, or breach contractual and legal obligation
● copy, modify, or distribute any other person's content;
● use any robot, spider, scraper or other automated means to access SparkLease and collect content for any purpose without our express written permission;
● harvest or otherwise collect information about others, including email addresses and phone numbers, without their consent;
● bypass measures used to prevent or restrict access to SparkLease.
In addition, in your use of the Services you will comply with all applicable laws, rules and regulations, if you are a dealer selling a vehicle using the Services with and any dealer or manufacturer requirements, concerning the advertising and sale of vehicles using the Services.
Abusing the Services
Please tell us about any problems or offensive content on SparkLease so that together we can keep the Services working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off SparkLease if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off SparkLease or not, we do not accept any liability for monitoring SparkLease or for unauthorized or unlawful content on SparkLease or use of SparkLease by users.
Global Marketplace
Without limitation to the rights granted below (see ‘Content’), some of SparkLease's features may display your ad on other platforms. By using the Services, you agree that your ads can be displayed on these other platforms. The terms for other platforms might be similar to these Terms of Use, but you may be subject to additional laws or other restrictions in the places where your ad is posted. When you choose to post your ad to another platform, you are responsible for ensuring that it does not violate that other platform’s policies. We may remove your ad if it is flagged on any of these other platforms, or if we believe it is inappropriate or violates any law or policy, or for any other reason, or for no reason, in our sole discretion.
Fees and Services
Using the Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on SparkLease. We may choose to temporarily change our fees for promotional events or for new or beta Services; these changes are effective when we announce the promotional event or new or beta Service. If we charge fees, those fees are non-refundable. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).
We will collect Canadian taxes associated with our Services when applicable. You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on SparkLease.
While many features of the Services are available across SparkLease, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.
Content
The Services contains content provided by us, you, and other users as well as from our third-party service providers. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content in connection with the Services. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use or the rights of any other party.
Moderation of User Content
User content may be subject to moderation prior to publication on SparkLease, and at any time thereafter. We may edit, modify, remove, delete, or refuse to publish any content at any time and for any reason, including for breach of these Terms of Use. You understand that we have no obligation to moderate any content on SparkLease, and that we may stop moderating content at any time.
You are solely responsible for any user content you submit to SparkLease, and you understand that content you see on SparkLease may not have been reviewed by a moderator. SparkLease does not endorse any user content, and takes no responsibility for the accuracy or reliability of any user content. It is your responsibility to decide whether the content you see on SparkLease is accurate or reliable.
Intellectual Property
All rights in the design, source code, and appearance of SparkLease, and all of the materials and content made available through SparkLease are owned by or licensed to SparkLease. These materials are protected by law against unauthorized copying and reproduction. Any unlicensed use, reproduction or distribution any of this proprietary material is expressly prohibited. Trade-marks appearing on SparkLease are owned or licensed by SparkLease or its affiliates, or are owned by third parties. You may not use or display these trade-marks except as may be required in order to make use of SparkLease in accordance with these Terms of Use. The display of any trade-marks on SparkLease does not imply that a license has been granted for any further use.
You grant to use a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use any feedback, comments or suggestions you provide to us about SparkLease.
Termination
We may terminate this agreement at any time by deleting your user Account for breach of these Terms of Use or if you otherwise put SparkLease at risk of legal exposure, or for any other reason, or for no reason, in our sole discretion. The licenses your grant to us, all of your indemnities to us, and all terms disclaiming or limiting our liability shall survive termination of this agreement.
Disclaimers and Limitations of Liability
The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do using SparkLease.
In addition, you agree not to hold us responsible for any payment processing by the third-party payment processors that we use from time to time with the Services (each a “Third-party Payment Processor”). For greater certainty, as applicable, if you link a Third-party Payment Processor account to your Account, you acknowledge and agree that by making payments through SparkLease with that Third-party Payment Processor, you are bound by that Third-party Payment Processor’s terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third-party’s services).
As most of the content on SparkLease comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered by other users. In addition, any statements or representations that we make through SparkLease concerning the verification of vehicles or information concerning vehicles (or that indicates that they or information about them is “verified”, or words of like import), offered through SparkLease are our good faith assessments only, are based on information provided to us by other users for which we have no responsibility, and we disclaim all liability for them. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the maximum extent permitted by law we expressly disclaim all warranties, representations and conditions relating to SparkLease, the Services, our content and any other content available through the Services, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, aggravated, punitive or consequential damages arising out of your use of SparkLease however caused (even by our negligence), even if you advise us or we could have reasonably foreseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable to you in any manner whatsoever, our liability to you (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $10 Canadian Dollars.
Indemnification
You will indemnify and hold harmless SparkLease and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third-party, together with any losses, damages, costs, expenses or other amounts payable to the third-party whether in settlement or as may otherwise be awarded, including all legal costs (on a full indemnity basis) incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, including any arising from or relating to any alleged violation by you of the Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Third Parties
Any correspondence or business dealing with any third parties, including merchants, sellers, service providers, or advertisers found on, or through, SparkLease are solely the responsibility of you and such parties. SparkLease is not responsible for any damages you may suffer by corresponding with or entering into transactions with any third parties, including the payment for or delivery of goods, and for any terms, conditions, warranties, or representations associated with such dealings. You and the third-party, not SparkLease, are responsible for compliance with all laws applicable in any such transaction. You correspond and transact with these third parties at your own risk.
Use caution and common sense when using SparkLease, and when entering into correspondence or purchase or sale transactions with third parties. In particular, exercise great care when revealing personal information and when purchasing items listed for sale on the website. SparkLease publishes “for sale” listings on SparkLease without verification or endorsement. SparkLease cannot guarantee that these listings are accurate, or that the persons submitting or responding to these listings are not acting under false pretences.
SparkLease may contain links to third-party websites or services provided by parties other than SparkLease. These links are for your convenience only and SparkLease does not assume responsibility for the accuracy, reliability or appropriateness of these third-party websites or services. Any mention of another party or its product or service on SparkLease is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services. Third-party websites and services may be subject to terms and conditions imposed by the operator of those websites and services. SparkLease assumes no responsibility for, and disclaims all liability related to your use of any third-party website or service.
General
These Terms of Use and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement and all disputes, claims or other matters arising from or relating to your use of the Services, SparkLease or the content on SparkLease will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. We both submit to the jurisdiction of the courts of the Province of Ontario. If we don't enforce any particular provision of these Terms of Use, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign our rights and obligations in this agreement to any third-party. You may not assign your rights or obligations in this agreement without our prior written consent.
Your notices to us must be sent by registered mail to:
SparkLease Inc.
251 Consumers Rd
Suite 1200, Toronto, Ontario
M2J 1R3
Re: User Inquiries
Notices that we give you (other than notice of amendment of these Terms, which is discussed below) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Account data. Or we may post a notice on in the dashboard area of your Account, or post the notice elsewhere on SparkLease. When we post notices on SparkLease, we post them in the area suitable to the notice. It is your responsibility to periodically review SparkLease for notices. We may update the Terms of Use and our policies at any time, and any amendments to them will be effective from the time they are posted on SparkLease or a notice is sent to you by email. Once posted or notified, the amended version supersedes any previous versions as of the stated effective date of the amendment. Your continued use of SparkLease after that time will be deemed to indicate your acceptance of the amended agreement. The parties confirm that it is their wish that these Terms of Use, as well as any other documents relating to these Terms of Use, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Last updated: May 15th, 2019
SparkLease Privacy Policy
This privacy policy describes the policy of SparkLease regarding the collection, use, storage, sharing and protection of your personal information ("Privacy Policy"). This Privacy Policy applies to the www.sparklease.com site, services, applications and tools (collectively, the "Services" and our technology platform, “SparkLease”), regardless of how you access the Services, including access through mobile devices. Capitalized terms used and not defined in this Privacy Policy have the meaning given to them in the Terms of Use.
Scope and consent: By using SparkLease and related Services, you give explicit consent to SparkLease for the collection, use, disclosure and retention of your personal information by us, as described in this Privacy Policy and our Terms of Use.
SparkLease may change this Privacy Policy from time to time. We will give notice of amendments as described in our Terms of Use.
You can visit SparkLease without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:
Information that we collect automatically: When you use SparkLease, our Services and or reply to ads or other content using SparkLease, we automatically collect certain information sent to us by your computer, mobile device or other equipment that you use to do this. This information includes, but is not limited to:
● information from your interaction with SparkLease and the Services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from SparkLease, referring URL, ad data, IP address and standard web log information; and
● information we collect through cookies, web beacons and similar technologies.
Information that you provide to us: We collect and store any information you enter on SparkLease or that you provide to us when you use our Services. This information includes, but is not limited to:
● information that you provide to us when you register for an Account or use the Services;
● additional information that you may provide to us through social media sites or third-party services;
● information provided in the context of dispute resolution, correspondence through SparkLease or correspondence that is sent to us;
● information about your location and the location of your device, including your device’s unique identifier information if you have enabled this feature on your mobile device, and
● your vehicle sales contract if you choose to submit it to us for information verification
Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.
You agree that we may use your personal information for the following purposes:
● to provide you access to our Services, including displaying to you ads posted on SparkLease;
● to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms of Use;
● to personalize, measure and improve our Services, content and ads;
● to contact you, by e-mail, push notification, text message (SMS), by telephone or by other electronic means, to inquire about our Services for the purpose of targeted marketing activities, updates, and promotional offers based on your message preferences (where applicable), to provide you with request support, or for any other purposes as set forth in this Privacy Policy;
● to provide you with other services that you have requested, as described when we collected the information, and
Sharing information with and registration on social media sites: We may offer sign-on Services that enable you to use SparkLease or related websites with your third-party social media website login credentials, such as Facebook, Google Plus, Twitter, Instagram, and WeChat. We can also offer Services that enable you to share information with third-party social media websites.
If you provide us access to personal information stored on third-party websites, the scope of access to this personal information shall vary by website and will be determined by both your own browser settings and your consent. If you wish to connect your third-party account to your SparkLease account and you consent to us accessing the information in these third-party accounts, you agree that we can collect, use and store information from this third-party website in accordance with this Privacy Policy.
Disclosure of your personal information
We will share or disclose your personal information with third parties only in the ways that are described in this Privacy Policy, including as follows:
Other users. In the normal operation of the Services users may choose to disclose their personal information to other users. In particular, our Service allows users to share advertisements and other information with other users, thereby making this shared information accessible to other users. Since SparkLease also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through SparkLease and therefore we cannot guarantee the privacy or security of the information shared by you with other persons.
Payment Information. We may use credit card and other personally identifiable information (such as PayPal email addresses) you submit to us\, and other information that we collect, as required, to process payments you make through the Site through our third-party payment processors. We do not store credit card or other payment method information. We may also share personally identifiable information with our third-party payment processors for risk management and fraud prevention.
Related products and services. From time to time, we may offer you opportunities to receive related products and services that integrate with, or complement, the Services we offer. We will only share your information with third parties for this purpose if you choose to request their products or services (or to be assessed for eligibility to receive such products or services). If you do choose to request such third-party products or services, we will provide your information to the relevant third party on your behalf, as required to provide the products or services you have requested. We do not control the use, storage, retention, processing, or disclosure of your information by such third parties, and this Privacy Policy will not apply to them. Your relationship with these third parties will generally be subject to their separate terms and conditions as well as privacy policies or statements, and we recommend that you carefully review these documents before requesting their products or services. When you no longer wish to receive marketing communications from us, you can, where applicable, change your preferences in your Account, or follow the unsubscribe link in the marketing communication you received.
Aggregated Data. We may aggregate data and publish it or disclose it in a non-personally identifiable manner to third parties. However, in these situations, we do not disclose any information that could be used to identify you personally.
Forum. If you post on our forum or blog your username and other information you include is displayed in your postings or comments, and is therefore available to the public. All of your activities in the public areas of the forum will be identifiable to your User ID, and other people can see your published content. If you disclose personal information in any posting in our forum or blog and wish to have it removed, please contact us at the support contact information listed below, and posted on SparkLease.
Subsidiaries and Affiliates; Service Providers. We may from time to time use the services of affiliates, subsidiaries and unrelated service providers in the operation of the Services, and may disclose personal information to them in the course of our use of their services. For example, we may use the services of third-party hosting companies to host the operation of SparkLease. This may involve the hosting of data, including personal information, on servers operated by those hosting companies. We take care to use only service providers that we believe are reputable, have equivalent or better security safeguards in place than us, and able to live up to our and your expectations, including about the handling of confidential information. These companies are authorized to use your personal information only as necessary to provide these services to us.
Legal Requests and Business Transitions; Emergencies. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required or permitted under any applicable law, rule, or regulation, and (d) in good faith, to protect or defend our rights or property and that of other persons and (e) if we are involved in a merger, acquisition, or sale of all or a portion of our assets.
When you use our Services, we and our service providers may place cookies (data files on your phone or mobile device’s drive), including Google Analytics, or web beacons (electronic images that are placed in a web page’s code) or similar technologies. We use cookies to help us identify you as a user, track users’ movements around SparkLease, analyze trends, and gather demographic information about our user base as a whole, to provide you a better experience on SparkLease, to measure promotional effectiveness and to ensure trust and safety on SparkLease. More information on Google Analytics is available here: https://policies.google.com/technologies/partner-sites.
We can modify your personal information, account information, and user content at any time and for any reason. You can modify your own information by logging into your Account. When you place a classified ad, you may be able to change your listing or delete your message. If you want to close your account (where applicable) with us, please contact us at SparkLease Customer Support. We will process your request within a reasonable period of time and process your personal information in accordance with applicable law. If your information is factually incorrect or incomplete or irrelevant for the purposes for which we process your information, you can request us to modify or delete your information. Such requests will be handled in accordance with applicable law. If you have any questions, please contact us with the subject line ‘Request Privacy Policy’ at SparkLease Customer Support.
We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorised access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us at SparkLease Customer Support.
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.
However, we cannot be held liable in the event of unauthorized access to or inadvertent disclosure of any personal information.
Abuse and unsolicited commercial communications ("spam"): We do not tolerate abuse of SparkLease. You do not have permission to add other SparkLease users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing SparkLease (spam or spoof emails), please notify us immediately.
You may not use our member-to-member communication resources to send spam, or content that violates our Terms of Use in any other way. For your security, we may scan messages automatically and check for spam, viruses, phishing and other malicious activity or illegal or prohibited content. We do not permanently store messages sent through these resources.
Third Parties: Unless explicitly provided otherwise in this Privacy Policy, this Privacy Policy applies only to the use and transfer of information we collect from you. SparkLease has no control over the privacy policies of third parties that may apply to you. When we work with third parties or use third-party tools to provide certain services, we will explicitly indicate which privacy policy applies to you. We therefore encourage you to ask questions before you disclose your personal information to others.
Contact: If you have any questions about SparkLease please contact us via SparkLease Customer Support.
If you have questions about our Privacy Policy you can contact us here:
SparkLease Inc.
200 Consumers Rd, Suite 405
Toronto, Ontario
M2J 4R4
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