Sparklist is a software program and an e-commerce online resale marketplace platform that connects individuals or organizations (collectively “Users” and each a “User”) looking to (a) promote, advertise, purchase, discover or sell (as applicable) primarily second-hand items, materials, products, services, or other offerings; and (b) exchange information in relation to the items as buyers and/or sellers, including through the usage of Artificial Intelligence (AI) assistants (“AI Assistants”) operated by Third Party Sites. Sparklist merely facilitates the connection of Users. The Company will not be a party to any agreement or contract, verbal or otherwise, between Users.
(a) Eligibility. Sparklist may only be used by individuals who can form legally binding contracts under applicable law. Sparklist is not available to persons under the age of 18 or the applicable majority age in your province or territory of residence or Users who have had their User Account temporarily or permanently deactivated.
(b) Connection. In addition, to use Sparklist, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use Sparklist. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.
(a) Privacy Policy. We will collect some of your personal or business information to create your User Account and thereafter in your use of Sparklist. All personal and business information and data collected, used, or disclosed while providing Sparklist is governed by our privacy policy located at (insert link) (“Privacy Policy”). By using Sparklist, you agree to our use, collection, and disclosure of personally identifiable or business information and data in accordance with the Privacy Policy.
(b) Additional Policies. In addition, by using Sparklist, you agree to be bound by any additional policies, guidelines, rules, obligations, agreements, or documents communicated through Sparklist, including, without limitation, any policies referred to in these Terms.
In order to access and use all the features of Sparklist, you must register for an account through Sparklist (“User Account”). When registering for a User Account or thereafter, inter alia, for purposes such as communicating the location of listed items and shipping requirements, you may be required to submit additional information, including, without limitation, a working email address, valid phone number, valid driver’s license or other government-issued identification, applicable certificate or license. Upon submission of such Verifying Information, you authorize the Company to request, receive, use, store, or share (including, without limitation, with other Users) such information.
By signing up as a User on Sparklist, you represent, warrant, and agree that, at all times while promoting, advertising, purchasing or selling, items, products, services, or other offerings on Sparklist, if and as applicable:
(a) Licensing and Regulations. You possess all valid and required consents, approvals, licenses, qualifications, and government approvals necessary to promote, advertise, purchase, or sell items, products, services, or other offerings on or through Sparklist in all of the provinces and territories where you promote, advertise, purchase or sell items, products, services, or other offerings on or through Sparklist.
(b) Liability. You shall be responsible and liable for all (and the Company shall in no way be liable or responsible for any) promotions, advertisements, purchases or sales done on or through Sparklist.
(a) Fees. You can register for a User Account, access Sparklist and connect with other Users without the payment of any fees. However, if a User elects to purchase or sell an item or product from another User via our Third-Party Payment Processor, then a portion of the Fees shall be retained by Sparklist as a processing fee, the amount of which shall be determined by Sparklist in its sole discretion and communicated to you through your User Account page or otherwise by Sparklist.
(b) Fee Change. We reserve the right to introduce or change a fee on or related to the access and use of Sparklist from time to time.
(c) Facilitation of Fees, Returns, Refunds and Cancellations Between Users. Third-Party Sites may facilitate payments between Users for the purchases or sales of an item or product organized on or through Sparklist. All purchases between the Users are final with no returns, refunds, cancellations, or retractions allowed, except if the Selling User agrees to independently manage the return process and initiate applicable refunds.
(a) User Content. Content provided by Users is called “User Content”. User Content is the property of its respective owners. User Content on Sparklist may include posted information, images, videos, blogs, feedback, communication between Users, Verifying Information and other data uploaded by a User to Sparklist. The Company’s only right to use that User Content is the limited licenses to it granted in these Terms.
(b) Ownership, Copyright and Trademarks. Other than User Content, Sparklist (including the Content thereon) and any other software used to create and operate Sparklist is the property of the Company or its licensors, and is protected by Canadian and international copyright laws.
(c) Responsibility. Your User Content is your responsibility. We do not endorse any Content or any opinion, recommendation or advice expressed therein, and we have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people.
(a) License. The Company grants to you a revocable, non-exclusive, non-sublicensable license to use and access Sparklist and to view the Content available to you through Sparklist.
(b) License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms, Sparklist, the Content and the License are subject to the following restrictions and account terms: You may not resell, lease, or provide it in any other way to anyone else, except as permitted through Sparklist. You may not make or distribute copies of Sparklist. You may not alter, merge, or translate Sparklist, or decompile, reverse engineer, disassemble, or otherwise reduce Sparklist to a human-perceivable form. You may not modify, reproduce, or create derivative works based on Sparklist or the Content.
(a) Ownership. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide Sparklist, now and in the future.
(b) License. By posting or distributing User Content to or through Sparklist, you grant the Company and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content.
(a) General. Sparklist may permit Users to upload or input User Content, including ratings and reviews of other Users. User Content submitted to any public area of Sparklist will be considered non-confidential.
(b) User Content Guidelines. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Sparklist any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable content.
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. However, no system is perfectly secure or reliable.
Sparklist may contain and/or may connect to third party software and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions.
The Company may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms.
Sparklist may contain links to third-party websites or third-party content as a service to those interested in this information or as otherwise posted as User Content from a User.
The Company may run advertisements and promotions from third parties on or through Sparklist.
SPARKLIST, THE CONTENT AND THE VERIFYING INFORMATION ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM THE COMPANY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
You waive and shall not assert any claims or allegations of any nature whatsoever against the Company, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees arising out of or in any way relating to your use of Sparklist.
You shall defend, indemnify and hold harmless the Company and the other Released Parties from any and all claims, losses, demands, damages, liabilities, costs (including reasonable legal fees), taxes, expenses and proceedings of every kind and nature, known and unknown, which may arise from or are in any way connected with, among other things, your violation of these Terms.
(a) Waiver of Trial By Jury. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of the Terms.
(b) Disclosure of Information. We reserve the right to provide your User Content, Registration Data, Verifying Information and other user information uploaded or collected by the Company on or in connection with Sparklist, to third-parties, if required by law.
The Company reserves the right, without notice and in its sole discretion, without any notice or liability to you, to terminate your license to use Sparklist, or any portion thereof; block or prevent your future access to and use of all or any portion of Sparklist or Content; change, suspend or discontinue any aspect of Sparklist or Content; and/or impose limits on Sparklist or Content.
(a) Communications. By creating a User Account, you agree to receive certain communications from the Company and/or Third-Party Sites (including AI Assistants).
(b) Communication Channels. Sparklist and/or Third-Party Sites (including AI Assistants) may provide communication channels such as forums, communities, or chat areas designed to enable you to communicate with other Users.
(a) Governing Law. Sparklist is controlled by the Company and operated by it from its offices in Waterloo, Ontario. You and the Company explicitly agree that all disputes, claims, or other matters arising from or relating to your use of Sparklist will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
(b) Dispute Resolution. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; Sparklist or Content; oral or written statements relating to these Terms or to Sparklist; or the relationships that result from these Terms or Sparklist or Content will be referred to and determined by a sole arbitrator to the exclusion of the courts.
You and the Company may terminate these Terms and your use of Sparklist at any time, subject to the terms and conditions of these Terms. When you terminate these Terms, you must cease using Sparklist immediately. When your User Account is terminated, any User Content you have uploaded to Sparklist may remain on Sparklist.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Where a provision in the Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
If you have any questions regarding these Terms or your use of Sparklist, please contact us here: Sparklist Industries Inc. support@sparklist.ai
