Terms and Conditions

TERMS OF USE

Welcome to Sparky.

Sparky offers a range of tools and capabilities to help electricians manage their business. It is owned and operated by us, Metal Manufactures Pty Limited ABN 13 003 762 641.

By using Sparky, you accept our Terms

  1. When you, as a registered user of Sparky, access and use Sparky, you agree to comply with these Terms.
  2. We may change these Terms from time to time (including when we improve or add new features, make technical adjustments or for legal or regulatory reasons). If we make material changes to the Terms, we will email you or notify you on Sparky. By continuing to access and use Sparky after the changes are made, you agree to be bound by the Terms as amended.

Sparky is for our customers

  1. To use Sparky for free, you must be a licensed electrician in Australia who is a customer of one or more of our supported wholesalers and register an account with us. In your dealings with us, you must provide information that is true, current and complete.
  2. If you are provided with a username, password or any other information as part of our security procedures, you must treat such information as confidential, and let us know immediately if you suspect any unauthorised disclosure or use.
  3. We have the right to disable your account and suspend or terminate your access to Sparky at any time if we reasonably believe you do not meet the eligibility criteria or have failed to comply with these Terms.

How you may use Sparky

  1. We grant you a limited, non-transferable, non-exclusive and revocable licence to access and use Sparky for your own business purposes in accordance with these Terms.
  2. You can use Sparky for services we provide now or in the future, including to:
    1. generate quotes, invoices and other documents using a combination of:
      1. information you submit, enter or upload to Sparky (Your Data); and
      2. information calculated or provided by us, such as information from our online catalogue;
    2. send quotes, invoices and other documents you have generated in Sparky to your customers;
    3. place orders with us for products and goods we supply in the course of our business (Goods), in which case our Standard Terms of Sale will apply to those purchases, and we may suspend or terminate your Sparky account immediately if you fail to comply with our Standard Terms of Sale (including if you fail to pay an undisputed invoice by the due date) ; and
    4. accept payments from your customers for the goods and services you provide to them, provided you set up an account with IntegraPay and agree to its terms and conditions.
  3. We may suspend, discontinue, withdraw or restrict the availability of all or any part of Sparky for business and operational reasons. We will try to give you reasonable notice if we do so.

Sparky interacts with third party applications

  1. Some features and functionality in Sparky are available through third party applications and services, whose terms and conditions and privacy policies will apply to you.
  2. If you use Sparky to accept payments from your customers, you will be subject to IntegraPay’s Terms and Conditions and Privacy Policy. We use IntegraPay to facilitate payments for transactions for between you and your customers and receive a commission from IntegraPay.

Your responsibilities

  1. You are responsible for:
    1. verifying the accuracy of any information you use from, or in connection with, Sparky for your legal, tax and compliance obligations;
    2. entering the correct product types, quantities, prices and other information in Sparky before sending quotes, invoices and other documents to your customers; and
    3. ensuring that Your Data does not infringe the rights (including intellectual property rights) of any third party.
  2. You acknowledge that our online catalogue provides point-in-time snapshots of prices and availability of Goods and that the price and availability may change from the time you request data from Sparky and the time you purchase the Goods. You are responsible for verifying the price of the Goods against the online catalogue when you place an order with us, and we will not liable for any discrepancies in pricing.
  3. You are responsible for maintaining a copy of Your Data.
  4. You may use Sparky only for lawful purposes. You must not use Sparky:
    1. in any way that is offensive, fraudulent, unlawful or illegal;
    2. to transmit, or procure the sending of, any unsolicited or unauthorised marketing or promotional material or any other form of similar solicitation (spam);
    3. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  5. You must not:
    1. sublicense or resell Sparky;
    2. attempt to gain unauthorised access to Sparky, the server on which Sparky is stored or any server, computer or database connected to Sparky;
    3. attack Sparky via a denial-of-service attack or undermine the security or integrity of our computing systems or networks;
    4. modify, reproduce, adapt, duplicate, copy, reverse engineer or decompile Sparky;
    5. use or refer to Sparky to develop any service, application, product or offering that competes with, or is likely to compete with, Sparky or any of its functionality; or
    6. act in a manner that is abusive or disrespectful to our officers, employees, contractors, partners or another Sparky user.

Sparky belongs to us and our licensors

  1. Together with our licensors, we own all proprietary and intellectual property rights in Sparky, including all information, data, text, graphics, artwork, photographs, trade marks, business names, logos, designs, inventions and other intellectual property. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. You must not make derivative works of Sparky or copy, modify or distribute the content on Sparky, or use any of our intellectual property rights except as expressly permitted by us.
  3. We may use any feedback you provide to us about Sparky without restriction.

We take data protection seriously

  1. Our Privacy Policy explains how we handle your personal information.
  2. We don’t own Your Data but you give us the right to use, copy, transmit, store, analyse and back up Your Data for enabling you to use Sparky, allowing us to improve, develop and protecting the services we offer through Sparky, creating new services, and communicating with you.
  3. We may also collect, use and share aggregated data for any purpose. Aggregated data could be derived from your personal information but it is not considered personal information because it will not identify you.

Deleting, disabling or terminating your account

  1. You can delete your account at any time by contacting the Sparky Service Desk.
  2. We may suspend, disable or terminate your account if your use of Sparky threatens the security, availability or integrity of Sparky, if we are required or permitted to do so by law, or if you do not comply with these Terms or our Standard Terms of Sale.
  3. Once your account is deleted or terminated, we will delete Your Data on Sparky within 30 days and it will no longer be available to you.

Our responsibility for loss or damage suffered by you

  1. You understand and agree that Sparky is provided to you on an “as is” and “as available” basis, and you access and use Sparky at your own risk. If you are dissatisfied with Sparky, your sole and exclusive remedy is to uninstall and stop using Sparky.
  2. We do not guarantee that Sparky will always be available, be uninterrupted, or secure or free from bugs or viruses, and make no representation that the content on Sparky is accurate, complete or up to date. We disclaim all warranties and representations, express or implied, including any implied warranties relating to fitness for purpose, merchantability, non-infringement.
  3. Nothing in these Terms are intended to exclude, restrict or modify any rights under the Australian Consumer Law. Our liability for a non-excludable guarantee is limited, at our option, to replacing or paying the cost of the goods or service (unless the non-excludable guarantee says otherwise).
  4. To the maximum extent permitted by law, our liability to you in connection with Sparky or these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited as follows:
    1. we have no liability for third party applications (including the use of, or inability to use, such applications, or the content, features or functionality of such applications);
    2. we have no liability for loss of revenue or profit, loss of data, loss of goodwill, loss of customers, loss of anticipating savings, legal, tax or accounting compliance issues, reputational damage or loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense;
    3. we have no liability for non-performance or delays caused by events, causes or circumstances beyond our reasonable control; and
    4. our aggregate liability is limited to AUD100.00 in all circumstances.

Third party rights

  1. If you have downloaded Sparky from the Apple App Store or if you are using Sparky on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple:
    1. These Terms are between you and us only, not with Apple, and Apple is not responsible for Sparky and its content.
    2. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Sparky.
    3. If Sparky fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for Sparky to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Sparky.
    4. Apple is not responsible for addressing any claims by you or any third party relating to Sparky or your possession and/or use of Sparky, including:
      1. product liability claims;
      2. any claim that Sparky fails to conform to any applicable legal or regulatory requirement; and
      3. claims arising under consumer protection or similar legislation.
    5. You represent and warrant that:
      1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
      2. you are not listed on any U.S. Government list of prohibited or restricted parties.
    6. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that Sparky and/or your possession and use of Sparky infringes that third party’s intellectual property rights.
    7. You agree to comply with any applicable third party terms, when using Sparky.
    8. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

Disputes, governing law and other terms

  1. Any dispute arising out of, or relating to these Terms, will be resolved by mediation in accordance with the ACICA Mediation Rules. The mediation will take place in Sydney, Australia and be administered by the Australian Centre for International Commercial Arbitration (ACICA).
  2. Any words following include, including, such as, for example and similar expressions are illustrative and do not limit the sense of the words, description, definition, phrase or term preceding those terms.
  3. We may assign these Terms and any rights under these Terms, and delegate any of our obligations under these Terms.
  4. Any provision of these Terms which by its nature survives termination will remain in full force and effect following termination.
  5. A failure or delay by us to enforce these Terms will not waive or restrict our right to do so.
  6. If any provision, or part of a provision, is or becomes invalid, illegal or unenforceable, it may be severed without affecting the validity and enforceability of the rest of these Terms.
  7. These Terms constitute the entire agreement between you and us, and supersedes all previous agreements, whether written or oral, relating to Sparky.
  8. These Terms are governed by the laws of New South Wales, Australia.