- Users must be at least 16 to post ads on their own. Ads for our younger users must be posted by an adult for security reasons.
- Any ads that do not comply with SparkyStock policies will be removed from the site. Additionally, users who violate such policies will be blocked from using SparkyStock in the future.
Our general rule is that you may not list, buy or sell items or services that are illegal to own, buy or sell in your province of residence, or that are not bought or sold in compliance with applicable laws and regulations. You are responsible for ensuring compliance with all applicable laws relating to the item you list, buy or sell.
The following activities are prohibited from SparkyStock:
- Posting an ad if you are not located in Canada.
- Posting an item for sale that is not located in Canada.
- Posting an item for sale that is illegal to own, buy or sell in your area of residence.
- Posting ads using multiple different email addresses.
- Posting an ad that serves no other purpose other than to send traffic to a web site.
- Posting a multi-level marketing or other prohibited job.
- Posting an ad containing a list of keywords not directly related to the item being sold.
- Posting an ad in languages other than English and French.
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 and a password (your “Account”). The email address you provide will be your email address, 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.
Fees and Services. Using SparkyStock 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 the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. 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).
Commission fees will be collected from the seller and will be processed through your PayPal account.
Commission fees are listed below;
Transactions $100 and under are subject to a $15 handling fee.
Transactions over $100 and up to $500 are subject to a 15% fee.
Transactions over $500 and up to $2000 are subject to a 12% fee.
Transactions over $2000 are subject to a 10% fee.
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for SparkyStock to comply with its obligations under applicable law. To the extent that such information is not provided, SparkyStock will in its discretion determine and collect appropriate taxes.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on SparkyStock.
Disclaimers and Limitations of Liability. The SparkyStock are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the stuff on the SparkyStock comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. 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 extent legally permitted we expressly disclaim all warranties, representations and conditions, 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, or consequential damages arising out of your use of SparkyStock, even if you advise us or we could reasonably foresee 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, our liability to you or any third party (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) 100 Canadian Dollars.
Indemnification. You will indemnify and hold harmless SparkyStock and its 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 amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the SparkyStock, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. 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.
General. These terms and the other policies posted on SparkyStock constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
Prohibited Countries Policy and Foreign Trade Regulation - Applications. SparkyStock Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an SparkyStock Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).