These Cloud Marketplace Terms are one of our Plan and Product Terms and apply when you sign up for or use Cloud Marketplace. In buying these services, you understand and agree to these terms. They also apply to any use of the Cloud Marketplace products and services by your staff or anyone else you have authorised. If anyone in your business will be using these products and services, please ensure they have also read and understood these terms.
1.1. Welcome to the online self-service marketplace ("Marketplace") of Spark, a division of Spark New Zealand Trading Limited, where existing Spark clients are able to manage and order selected business apps and Spark products and services.
1.2. These Cloud Marketplace Terms apply along with one of the following:
1.3. Spark may amend the Spark Cloud Marketplace Terms from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest Spark Cloud Marketplace Terms. Your continued use of the Marketplace represents your agreement to be bound by the amended Spark Cloud Marketplace Terms.
2.1. You may be assigned one, or a combination, of the following services available through the Marketplace:
3.1. A User ID will be created for you and you will be required to set a password before you can access and use the Marketplace (“Login Credentials”).
3.2. You must keep your Login Credentials confidential and secure at all times and you accept responsibility for any unauthorised use where you fail to keep your Login Credentials confidential and secure.
3.3. You are responsible for the use of your Login Credentials that you provide to any third parties including your employees and any other users you authorise to access the Marketplace.
Where you have been assigned the ability to access the Marketplace for Management of Services you will be responsible for any changes you make to the relevant Service through the Marketplace.
Where you have been assigned the ability to access the Marketplace to purchase products or services the following provision will apply:
5.1. When you place an order or services request through the Marketplace you are unable to cancel the order unless you obtain the prior consent of Spark, or clause 6.2 applies. The placement of an order or service request does not constitute acceptance of your order. Your order will be accepted when you receive an acceptance either online after placing your order or an email confirmation from us, or upon dispatch of the relevant products or performance of the relevant services (whichever occurs first). Acceptance of orders is at the sole discretion of Spark and an order is not binding upon Spark until it is accepted.
Where you have been assigned access to Marketplace to purchase applications, in addition to section 5 above, the following provisions will apply:
6.1. Data Collection and Use Practices: The Spark Privacy Policy describes the manner in which data is collected, used and disclosed in the operation of the Spark Cloud Marketplace (“Marketplace”). Please ensure you read this carefully. View Privacy Policy
6.2. Terms of Purchase:
You agree that:
6.3. Ownership; Proprietary Rights: Ingram Micro retains all right, title and interest in and to the Marketplace and reserves all rights not expressly granted in these Spark Cloud Marketplace Terms.
6.4. Warranty Disclaimer: Spark make no warranties on behalf of Ingram Micro. All warranties, representations or conditions relating to the Marketplace (whether express, implied or whenever arising) whether originating in statute, law, trade, custom, or otherwise that would (but for this clause) apply, are expressly excluded by Spark and Ingram Micro to the fullest extent permitted by law.
6.5. Limitation of Liability and Damages:
You agree that:
7.1. The prices listed on this Marketplace are exclusive of GST unless otherwise stated. If prices are not specified for any products or services available on this Marketplace (excluding any service identified in the Marketplace as not incurring any charges), and you have an existing agreement with Spark, the prices specified in the existing agreement which you have with Spark will apply to those products or services. We will advise you if delivery costs are applicable.
8.1. You are prohibited from using this Marketplace for any unlawful purpose or in contravention of these terms and conditions.
8.2. Without limiting any other rights and remedies available to Spark, Spark may limit your activities on the Marketplace, remove you from the Marketplace, issue a warning to you, suspend or terminate your status as a user of the Marketplace, cancel any order which it has accepted, or refuse to provide any other products or services to you, if you breach these terms and conditions, the Spark website legal disclaimer and/or your existing agreement with Spark or otherwise where Spark considers it appropriate.
9.1. In relation to the provision of goods, products and services by Spark (including collaboration services) the liability of the parties is governed by your Existing Agreements.
10.1. Spark may send you emails or SMS relating to your activities on the Marketplace, and for promoting and marketing the Marketplace. Spark may also send you regular electronic newsletters. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.