This Privacy Policy describes the policy of SparkLease Inc., located at #405-200 Consumers Rd, North York, ON M2J 4R4 ("SparkLease" or "we" or "us"), 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") regardless of how you access the Services, including access through mobile devices and mobile apps.
SparkLease has a practice of protecting the privacy and security of customer, supplier and employee records. We are committed to meeting our obligations under Canadian data privacy laws, including the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, and applicable provincial laws. We adhere to the privacy principles set out below, which govern the way we collect, use, store and disclose personal information that is obtained in the course of development, sales, promotion and distribution of our products or in the course of employment.
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.
SparkLease and related Services are accessible through sparklease.com without registering for an account. We collect minimal information that can be used to identify you by default.
Information that we collect automatically when using 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:
For information that is provided to us, we collect your information from the following 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.
We use your information to provide products and services and to manage our business operations. We may use your information in order to fill your orders, answer your inquiries, authenticate you when you sign into online services, prevent loss and fraud, and analyze our business operations and website performance.
We use your information for marketing and promotional purposes, including with our promotional partners.
We combine all the information we collect, other than information relating to your browsing history, in order to:
We may disclose your Personal Information to lenders, credit bureaus, employees, contractors and consultants. Personal Information also be disclosed to other third-party agents or service providers ("Third Parties") who require this information to help us establish, maintain and manage our business relationship to you, or to Third Parties you have provided your consent to receive information about financial products or services that may be of interest to you.
We share information with Third Parties who may be outside of Canada and may be subject to laws that are different from those in Canada. These Third Parties may combine the information we provide with other information that they have collected from you.
We use Third Parties to assist us in our operations, including our direct advertising and marketing services. We may also share your information with these third parties in order to provide services to you.
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.
SparkLease has no control over the privacy policy 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.
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.
Credit Applications
If you apply for credit on the Sites with our dealers and lenders or any third party, you will need to provide your Personal Information, including your address, credit information, employment, and other financial information. We may share your application information with the dealership(s) you selected and our lenders/ financial partners so that they can process your application.
Corporation and Asset Transactions
If we sell all or substantially sell all of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or transfer of all or a substantial part of our business, we may transfer all your Personal Information that we have collected and stored, to the party or parties involved in the transaction. We will require such providers to maintain your Personal Information confidentiality, to use it only for the purposes of the transaction and to safely destroy it once the transaction fails or when its purpose is fulfilled.
Third Parties
Personal Information and Data Technologies may be shared with lenders, dealers and manufacturers, and their agents and third-party service providers, who will use that Information in accordance with their own privacy policies.
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.
Employees
Your Personal Information is accessible to our officers and employees who must access it to make the use provided for in this Policy and with which they must abide.
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/ Blog
If you post on our forum or blog, your username and any 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 the public 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 SparkLease Customer Support.
Subsidiaries and Affiliates and 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 greater 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.
Cookies
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.
Legal Requests and Emergencies
Your Personal Information may also be used to:
We use certain technologies and tracking tools on our websites and apps to personalize your experience. For example, we use cookies, which are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. We also use pixels, beacons, and other technologies ("Web Based Tools")
Essential Web Based Tools
We use Essential Web Based tools to make certain features available to you on our websites, to help ensure the security of your online browsing experience, to detect, prevent and investigate fraud and to collect information on how you use our websites.
Non-Essential Web Based Tools
We also use non-essential web-based tools to enhance your experience with personalized content. For example, remembering your language and similar settings and presenting offers that may be of interest to you. These tools also allow our third-party advertisers to personalize your online experience and present ads specific to your interests.
Combined Personal Information
We may pool your Personal Information such as your use of the Sites, your use of other websites, devices and mobile applications with other peoples' Personal Information and Personal Information from our affiliates and other sources. You will not be identified in the combined information.
Advertising Tracking
We and our third-party service providers may use Web Based Tools to deliver more relevant advertising based on which ads you interact with on our and third-party websites. We do not provide Personal Information that is directly associated with a specific person (such as name and address) to an advertising network when you interact with or view a customized advertisement.
We take administrative, technical and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. This includes limiting access of employees to, firewalls, data encryption, and the use of, your personal information through the use of passwords and graduated levels of clearance in handling administrative control of the data and servers. We do not publish all of our security measures online because this may reduce their effectiveness. We take physical precautions to ensure that the computer servers on which your personal information is stored and archived are secure and that access to such servers is protected.
We have internal policies and security standards to help protect our systems and your Personal information against unauthorized access and use. We educate our employees with respect to their obligations to protect your personal information. Our service providers and agents are contractually bound to keep your Personal Information confidential and must not use it for any unauthorized purpose. Our employees must also keep your Personal Information secure.
Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your personal information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. SparkLease will not be held liable in the event of unauthorized access to or inadvertent disclosure of any personal information. Accordingly, you should not transmit personal information to us using our website if you consider that information to be sensitive.
Retention and Destruction of Personal Information
We retain your information for as long as necessary to fulfill the purposes for which we collected the information or as required by law. We maintain a records retention and destruction program to destroy information when it is no longer needed or required.
The length of time will vary and depends upon the product or service, the sensitivity of the information, and the purposes for which we use it. We may retain your information after the end of your relationship with us.
When we no longer need your Personal Information, we may securely destroy, delete, or erase it. We may also convert it to an anonymous form.
Accessing Your Personal Information
When you use our Services and you create an account, we will create an account profile for you. We will use this account profile to select certain goods for you to view during your online experience. This means that you will see a highly customized inventory. If you would prefer not to have a customized experience, you can use our Services without creating an account. Your experience on our website will still be customized based on your browsing history, but we will not use your purchase history to customize the inventory we show you.
Upon request, we will give you access to the information we retain about you. If the information you want concerns any decisions we made about your product or service, we will tell you about the reasons for those decisions unless otherwise prohibited by law. If we relied on information from a third party, such as a credit bureau, to make the decision, we will, where the law allows, provide you with the name and address of that third party.
Please note that we will not be able to provide information about you from our records that contain references to other persons, is subject to legal privilege, contains confidential information proprietary to SparkLease, relates to an internal investigation, risk assessment or violation of law, or that cannot be disclosed for other legal reasons.
Modifying Your Personal Information
We make reasonable efforts to keep your Personal Information accurate and up to date. If your information changes, please notify us immediately so that we can make the necessary changes.
Furthermore, 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.
Closing Your Account
If you want to close your account 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.
Automated Decision Making
We use various technology tools to help us serve and communicate with you and to anticipate your needs. Sometimes, the tools allow us to make decisions about you in real time because the process is fully automated. When this occurs, we may notify you in advance of the decision, for example, in the application process. We will also tell you how you can contact us to learn more about the automated decision process.
Deleting Your Personal Information
You can request SparkLease destroy, erase or make anonymous personal information when it is no longer required for the purposes for which it was collected by contacting the Privacy Officer at support@sparklease.com. We may, however, retain information about your previous transactions for audit purposes, to ensure the integrity of our data and to fulfill legal requirements.
Withdrawal of Consent
You may change or withdraw your consent to the collection, use and disclosure of your Personal Information at any time, subject to reasonable notice, by contacting our Privacy Officer, even though that might impact your ability to register or receive a particular product or service.
If you do not want to receive marketing email from us, you can follow the unsubscribe link provided in those emails.
If you do not want to receive interest-based advertisements, you can opt out.
Cookies
You have a number of choices regarding certain Data Technologies. Most web browsers automatically accept cookies, but you can usually modify your browser's setting to decline cookies if you prefer. You may also render some web beacons unusable by rejecting their associated cookies and disable or delete similar data used by browser add-ons, by changing the add-on's settings or the website of the technology provider. If you choose to decline cookies or similar technologies, certain features may not function properly or at all. You may be able to adjust the use of advertising identifiers on mobile devices through the settings on your device. Finally, if you do not want to use a uniquely generated telephone number, you may choose not to call us.
De-Identification and Analytics
We may de-identify or anonymize your Personal Information by removing identifiable information such as your name, address, date of birth and account numbers to use it for serious and legitimate purposes. It may be aggregated and used for internal business purposes such as analytics and reporting, developing, and improving our products and services, understanding, and predicting client needs and preferences, preventing and detecting fraud, identifying trends like purchasing patterns, fraud trends, or enhancing our marketing.
Our website and the services offered on our website are not directed to children under the age of 13 years. We will not knowingly collect personal information about a child under the age of 13.
We do not allow minors (persons who are under the age of majority in their place of residence) to create accounts, make purchases or enter contests or promotions.
Abuse and Unsolicited Commercial Communications
We do not tolerate any abuse or abusive behaviour towards 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's policies and Terms of Use. Please notify us immediately at support@sparklease.com.
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.
If you have any questions regarding this Privacy Policy, or if you wish to access or correct your Personal Information, please contact the Privacy Officer.
Email: support@sparklease.com
Welcome to www.sparklease.com (the "Website"). 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.
By using the Website, you agree to these Terms. If you do not or cannot understand and agree to these Terms, you cannot use the Website.
Please be sure to also review our Privacy Policy, which governs collection, use and disclosure of any personal information you may provide.
Additional terms may apply to your use of specific features or services. Where additional terms apply, those terms will be accessible to you or shown to you. You agree to read and be bound by those additional terms. If those additional terms conflict with these Terms, those additional terms will take precedence over these Terms in the context of your use of the feature or service to which they pertain.
Access to the Website is provided for personal, non-commercial use only. You may be permitted to post private sale listings for items or vehicles that you personally own, but you may not post listings on behalf of a business except through a commercial account. To set up a commercial account, please contact customer service info@sparklease.com. Use of the Website through a commercial user account may be governed by additional terms.
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.
You agree to access the Website using only the interfaces that we provide. You may not access the Website by any automated means, including scripts, bots, spiders, etc. You may not attempt to collect or index content or data from the Website using scripts or other automated means.
You may not reproduce content from the Website on other websites, or present our content in HTML "frames" or by similar means. You agree not to attempt to hack, disrupt, gain unauthorized access to, or interfere with the Website, any associated networks or servers, or another user's account.
You may view and print pages from the Website for your own personal use, provided that you do not alter the content and provided that all copyright and trademark notices are included. SparkLease reserves the right to change any aspect of the Website, including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you.
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 support@sparklease.com.
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:
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.
We may allow you to submit comments, ratings, reviews, "for sale" listings, messages to other users, or other content to the Website ("User Content"). When you submit any User Content, you must abide by the following rules:
SparkLease may remove, modify or delete user submissions, which appear to breach these Terms, or which appear to infringe on the intellectual property rights of others, or for any other reason. We may do this on our own initiative, or pursuant to a court order, lawful request, or demand.
When you submit User Content to the Website, you retain ownership of copyright and other intellectual property rights in that content, but you grant SparkLease a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and sublicenseable license to use, modify, reproduce, make available, and redistribute it in any form, format or media now known or later developed, without any requirement for attribution or compensation to you. You agree that access to the Website is sufficient consideration for the license you grant to us. You waive any right you may have to take action against us, our subsidiaries, affiliates, or sublicensees for infringement of any intellectual property or moral rights you may have in any User Content. By submitting any User Content, you represent and warrant that you own or have licensed all relevant rights in that content, including intellectual property and personality rights, and that our use of your submissions will not infringe upon or violate the intellectual property rights, privacy rights, publicity rights or any other rights of any third party.
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.
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.
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 for collecting 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.
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.
User Content may be subject to moderation prior to publication on our website, and at any time thereafter. We may edit, modify, delete or refuse to publish any content at any time and for any reason, including for breach of these Terms. You understand that we have no obligation to moderate any content on the website, and that we may stop moderating content at any time.
You are solely responsible for any User Content you submit, and you understand that content you see on the Website 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's your responsibility to decide whether the content you see on the Website is accurate or reliable.
Any advertisements, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including our advertisers, service providers or other users, are those of their respective authors or distributors and not those of SparkLease. You agree that we shall not be held liable to you or to any third party for the actions of users of our Website, or for your use of or reliance on any user generated content, "for sale" listings, third party advertisement or other third party content.
You are responsible for your use of the Website, and for everything submitted to the Website using your user account, including anything posted by others who may gain access to your account. Select a strong password for your user account, and keep it secure. You understand that any submissions or actions that are in violation of any applicable law (including, but not limited to infringement of intellectual property rights), may lead to legal action against you.
We may amend these Terms at any time by posting an updated version of the Terms on the Website at the following URL:
https://www.sparklease.com/policy
Any amendments will be effective from the time they are posted on the Website. Once posted, the amended version of the Terms immediately supersedes any previous versions of the Terms. Your continued use of the Website will be deemed to indicate your acceptance of the amended Terms.
We do our best to make sure that the Website is available, functional, error free, and free of malicious code; that your privacy is respected and your personal information and other Website data is secure from inadvertent disclosure or deletion; and that your experience using the Website is positive. But you agree that you use the Website at your own risk. We make no guarantees or warranties of any kind. We provide the Website on an as-is and as-available basis. You agree that we cannot be held liable for any reason in connection with your use of, reliance upon, or inability to use the Website or any of its features or functionality.
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.
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.
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.
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.
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.
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:
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.
This Cookie Policy (the "Cookie Policy") explains how we use "cookies" and similar technologies on our Website at sparklease.com (the "Website") and will help you make informed decisions when using our Website.
Cookies and similar technologies are very small text documents or pieces of code, which often include an anonymous unique identifier. When you visit a website or use a mobile application, a computer asks your computer or mobile device for permission to store this file on your computer or mobile device and access information from it. Cookies are used by us as part of our Website, and they are also used by some of our third-party partners. Information gathered through cookies and other similar web technologies (e.g., web storage and identifiers) may include the date and time of website visits and how you are using the particular website or mobile application.
When we use the word "cookies" we are referring to all of the above technologies.
We use cookies for a number of reasons including:
The cookies we use generally fall into one of the following categories:
Cookies that are essential for the operation of the Website.
Allow the Website to uniquely identify your browsing session on our Website, which allows us to coordinate this information with data from our Website server.
We use this information to improve the Website. Analytic cookies and other information allows us to calculate the aggregate number of people using the Website and see which features of our Website are most popular.
By using the Website, you agree that we may store and access essential cookies on your computer or other devices. You also agree to us storing and accessing certain non-essential cookies that allow us additional functionality or to gather additional information about your use of our Website.
Please see below if you wish to block or delete cookies, or if you would like to withdraw consent to our use of non-essential cookies.
Visitors are provided with the option to navigate to a variety of external websites. When visitors select the option to view content from these websites, they are directed away from the SparkLease website and to the other site, where a variety of cookies may be used throughout the visit. SparkLease is not responsible for any cookies used once a visitor leaves the SparkLease website.
Your browser may provide you with the option to refuse some or all browser cookies. For more information about how to manage browser cookies, please follow the instructions provided by your browser.
