GIFT CARD TERMS OF USE

Contact Us: sparxorganizing@gmail.com

This version in effect since January 1, 2018.

Thanks for visiting our site, and showing your support for Sparx Organizing!

These e-Gift Card Terms of Service (“Terms”) are a legal agreement between you, as a visitor of sparxorganizing.com (this “Website”) and govern your use of this Website. By visiting this Website, you also agree to our Privacy Policy & Terms of Conditions, which is collectively incorporated herein by reference. You should read these Terms carefully.

1. Gift Cards

Sparx Organizing is the issuer and administrator of the gift cards you purchase. Sparx Organizing is responsible for providing goods or services in accordance with the terms of the gift card. Any future purchases using (or other redemption of) this gift card will be governed solely by the Sparx Organizing. Gift cards involve the inherent risk in the event that Sparx Organizing goes out of business. If this happens, then there might not be any redemption options for your gift card.

2. Ownership

Sparx Organizing owns all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in this Website and all underlying databases. These Terms do not grant you any rights to our trademarks or service marks. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

3. Payment Terms

Sparx Organizing uses the third party payment platform, Stripe, to process credit and debit card transactions for mentorship & product purchases. By using the Website and signing up for mentorship or product purchase, you agree to be bound by Stripe's Terms of Service available at: https://stripe.com/ca/legal and Stripe's privacy policy available at: https://stripe.com/ca/privacy. You hereby consent to provide and authorize Sparx Organizing and Stripe to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement and Stripe's Terms of Service, including personal, financial, credit card payment, and transaction information.

4. Website Communications

All communications you submit through or to the Website or to Sparx Organizing, must be true, accurate and complete. You authorize Sparx Organizing to accept communications that it receives from you by means of the Website and respond to your communications by means of Internet communications, email or other communications methods. Communications you send to Sparx Organizing by means of the Website are not delivered or effective unless and until they are processed by the responsible Sparx Organizing representative.

5. Governing Law and Dispute Resolution

The Website is controlled by Sparx Organizing from Calgary, Alberta. This Agreement and all related matters are governed solely by the laws of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between you and Sparx Organizing or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters ("Disputes") must be resolved before the Courts of Alberta sitting in the City of Calgary, Alberta, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.

6. Language Law Clause

These terms and all related documents have been drafted in the English language at the express request of the parties. Les présentes modalités ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement ensures to the benefit of and is binding upon each of Sparx Organizing and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective heirs, executors, administrators, personal representatives, successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without Sparx Organizing's prior written consent, which consent may be withheld in Sparx Organizing's discretion. Sparx Organizing may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

No consent or waiver by Sparx Organizing to or of any breach of this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default; or (b) effective unless in writing and signed by Sparx Organizing.

Any rights not expressly granted by this Agreement are reserved to Sparx Organizing.

This Agreement is subject to change by Sparx Organizing without notice.

In this Agreement: (a) headings are for reference only and do not define, limit or enlarge the scope or meaning of this Agreement or any of its provisions; (b) "persons" includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (c) words importing the singular number only include the plural and vice versa; (d) "including" and "includes" mean including or includes (as applicable) without limitation or restriction; (e) whenever the words "discretion", "option" or any variations thereof are used with respect to person they mean that person's sole, absolute and unfettered discretion or option. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.