SparkLease is provided to you by SparkLease Inc., 2 Bloor Street West, Suite 700, Toronto, Ontario, M4W 3E2.
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.
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.
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.
Moderation of User Content
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.
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.
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.
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.
Your notices to us must be sent by registered mail to:
2 Bloor Street West
Suite 700, Toronto, Ontario
Re: User Inquiries
Last updated: May 15th, 2019
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 personalize, measure and improve our Services, content and ads;
● 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.
Disclosure of your personal information
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.
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.
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.
Contact: If you have any questions about SparkLease please contact us via SparkLease Customer Support.
2 Bloor Street West
Suite 700, Toronto, Ontario