Buyers are required to register to use this site and its services, you may do so using the form at the bottom of this page.
WE/OUR/US – refers to Sparklearc – Sparklearc.com – Sparklearc marketplace, Sparklearc educatory services – marketplace service
YOU – refers to any seller, buyer or visitor that uses this site.
SELLER refers to any person that has a store listed on the site and has items available for sale.
BUYER – refers to any person that makes a purchase from any store listed on this site.
Plain English version = everyone play fair and no one gets detention.. 🙂
a- When YOU purchase DIGITAL teaching content from a site here, YOU will have the right to download the materials after payment is complete. The materials will be available for download in your online account as they are listed by number from the date of your purchase.
b- YOU agree not to share your purchases with your colleagues unless YOU have purchased additional items.
c- YOU agree not to post your purchased or freely downloaded files on the internet by any means.
d- YOU agree to pay in full for all items purchased through the marketplace service, and agree that WE may charge your credit card or PayPal account for any items purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your purchase or account.
e- YOU agree that delivery of the educational content to YOU, whether electronically delivered or physically shipped and delivered to YOU, does not transfer to YOU any commercial or promotion use rights in the teaching or educational content.
f- YOU agree that your use of the marketplace service (including your purchase of teaching or educational content) constitutes your acceptance of and agreement to use the service and such teaching or educational content solely in accordance with this agreement, and that any other use of the marketplace service or teaching or educational content may violate copyright and other laws and YOU may be subject to liability for such unauthorised use.
g- As a condition of use, YOU agree not to share your purchases with your colleagues unless YOU have purchased additional items or product licenses.
h- Wrong product – While all care is taken, from time to time there may be typos or mismatched items or incorrect files loaded, just let us know and we will have the fixed version back to you (usually within 48 hours) depending on schedule, time zone and season.
j- Buyer accounts may be extended under certain circumstances – YOU may check here
YOU agree to keep membership fees up to date.
Member fees are due and payable for a 12 month period. ie: whatever date you sign up and become a member – your next fee is automatically due on that date 12 months later.
Current BUYER member fee is $2 per year.
This entitles you to numerous free resources and promotions as well as access to our in house community.
YOU can cancel your membership at any time.
Member fees are a non refundable yearly fee that assist in covering promotional and operating costs.
NB: Individual Store owners handle their individual refunds
As a large portion of items sold are printables or downloadable, it is not our policy to refund.
However a refund will be processed if
a- there is a legitimate issue with a file or product that cannot be rectified in a timely manner.(within 72 hours)
b- Duplicate purchases have been made (occasionally an order can go through the entire process without YOU noticing YOU just purchased a few of something that YOU only wanted one of –
NB: this is separate to actually purchasing a number of items to use between a number of educators.. ie each item purchased is for use by one only individual – see TRANSFER OF TITLE)
a- WE collect data by means of online transactions by way of:
(i) non identifiable information like cookies, browsers, ISPs, This data allows us to know where visitors travel around our site.
(ii) Identifiable information like – name, address, email, phone, that is provided by YOU.
(iii) IP address- WE collect IP address data as a means of tracking, ie where users go on the site etc. This is intended as a non identifiable information source however YOU should note in circumstances where WE feel it is warranted ie: questions of legality or security arise, this information will be provided as required by law to enforcement agencies.
(iv) If WE note use of proxies, those accounts or use of this service to YOU will be suspended without further notice.
(v) All electronic purchases from this site are encrypted with tracking to ensure piracy and illegal content sharing is avoided. If any inappropriate activity is detected that item will no longer be accessible to YOU.
If by chance something has occurred in error YOU may contact US to clarify.
b- WE store that (ii)Identifiable information as a means of communication to YOU about products, updates, promotions, services and sales.
c- WE make contact with YOU via email.
c(i) – YOU may unsubscribe from regular newsletters at any time.
c(ii)- if YOU are an active member, YOU must provide us with an electronic means of communication.
d- Each individual store will have payment details if YOU purchase from that store to allow for order fulfillment. As required by marketplace service store owners are not permitted to make contact with YOU individually unless YOU expressly request in writing specifically via individual store contact using the “ASK” tab to do so.
e- (apart from order fulfillment) WE do not provide your data to any other third party for any reason except as required by law if that data is involved in illegal or inappropriate activity as further defined in this agreement.
f- Your personal information access – YOU can update your own information at anytime or request your data to be removed or altered if YOU are unable to do so.
g- External links -The site may contain links to third party sites and services, WE do not endorse nor have any control over such sites nor their products or services. Any reliance on the content or services of such external sites is done at your own risk and YOU assume all responsibility for any issues relating to the use of any external links.
TRANSFER OF TITLE
Sparklearc marketplace services does not transfer legal title or ownership of items from the Educators, Publishers or Sellers to the Buyer.
Unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a Buyer and Seller agree otherwise, legal ownership to any item of content purchased from this site passes to the Buyer upon the physical delivery of such item of Content from the Seller to the Buyer for use in their individual educational capacity.
**That purchase and legal ownership by the buyer does not provide or entitle the buyer a means to copy, redistribute, publish or in any way disburse that item between friends, colleagues or to giveaway or on sell by any means.
While it is not OUR role to be enforcer or police content, WE will certainly take action in relation to reports in so far as:
1- If YOU believe an item offered for sale has infringed your or another persons copyright – contact US immediately here providing details to allow us to investigate.
2- It is OUR policy to disable access to or remove material that WE believe in good faith to be infringing on a copyrighted work.
3- It is OUR policy to disable and/or terminate the accounts of users who WE believe in good faith are repeatedly infringing copyrighted works.
4- It is OUR policy to report those people who WE believe in good faith are repeat infringers to the reported originators of that item and the relevant authorities.
All disputes that have not been settled to joint parties satisfaction can be directed to US here.
Sparklearc marketplace services may change or amend these Terms. If we make material changes, WE will notify you, either through the user interface, in an email notification, or through other reasonable means.
YOUR use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, YOU must immediately stop using the Service. Otherwise the new terms will apply to YOU.