1. Terms

By accessing the website at https://sparkdesign.ca/ and working with sparkdesign.ca, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Spark Design’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on sparkdesign.ca’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by sparkdesign.ca at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Some of the website design use third party web theme license. The design may only be used on the agreed on website domain and shall not be transferred to other website domains.
4. You shall not resell our design or web theme to other parties.

3. Disclaimer

1. The materials on sparkdesign.ca’s website are provided on an ‘as is’ basis. sparkdesign.ca makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, sparkdesign.ca does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall sparkdesign.ca or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on sparkdesign.ca’s website, even if sparkdesign.ca or a sparkdesign.ca authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Right to Refuse Service/Cancellation Policy.

sparkdesign.ca reserves the right to refuse to provide services to any of its clients at its sole discretion. sparkdesign.ca is required to inform clients about their inactive project before 15 days termination timeframe. Client is required to make outstanding balance payment before 15 days of project inactivity so that sparkdesign.ca will store their project on its development servers. sparkdesign.ca is obliged to remove client’s project on it’s database if no payment has been made before the 15 days project inactivity. A client whose service is being terminated will receive a 7 days notice via email. It is the responsibility of the client to find and secure new service for his/her website design/hosting and maintenance. All fees are due before the receipt of such notice by mail/fax confirmed by The Company In both cases of service termination and cancellations, the client understands that The Company has full ownership and copyright to all material on its websites. Material that has been added by clients such as images and personal content can be moved to a new company and website at the client’s discretion. No material of original design content, images including domain names is permitted to be transferred unless with written permission from The Company. 

6. Accuracy of materials

The materials appearing on sparkdesign.ca’s website could include technical, typographical, or photographic errors. sparkdesign.ca does not warrant that any of the materials on its website are accurate, complete or current. sparkdesign.ca may make changes to the materials contained on its website at any time without notice. However sparkdesign.ca does not make any commitment to update the materials.

7. Links

sparkdesign.ca has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by sparkdesign.ca of the site. Use of any such linked website is at the user’s own risk.

8. Modifications

sparkdesign.ca may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

9. Exclusive Design Credit

Weʼre proud of our work and reserve the right to apply the text e.g. “Designed by sparkdesign.ca” on your website. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that footer credit will be visibly displayed on your site acknowledging design credit.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. Right to Refuse Service/cancellation Policy. Right to Refuse Service/Cancellation Policy.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

• By clicking on the checkout button, Users open the Stripe checkout section, wherein they will have to specify their contact details and a payment method of their choice.
• After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on this Website, hereby accepting these Terms and committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Website are displayed:

• excluding any applicable fees, taxes and costs;

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

• Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
• A Coupon cannot be applied cumulatively;
• The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
• The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document. Terminations shall take effect 2 days after the notice of termination has been received by the Owner.

Terms and conditions applying to extra features

Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of this Website.
Unless otherwise specified, such extras are subject to the same terms applicable to the main Product, including all provisions of this document.