General Terms and Conditions of Services

GENERAL TERMS OF SERVICE

PLEASE CAREFULLY READ THESE GENERAL TERMS AND CONDITIONS OF SERVICE BEFORE APPLYING FOR ANY LOAN, PRODUCT OR SERVICE THROUGH AUTOLOANS.CA (“OUR”). THESE TERMS AND CONDITIONS ARE A BINDING CONTRACT THAT GOVERNS USE OF OUR SERVICES, EXEMPTS AUTOLOANS.CA COMPANIES AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE GENERAL TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF SERVICE, THEN YOU MAY NOT APPLY FOR ANY LOAN, PRODUCT OR SERVICE THROUGH THIS WEBSITE OR MOBILE APPLICATION.

1. ACCEPTANCE OF TERMS

Autoloans.ca is a website (the “Website“) and a mobile application (the “Mobile Application“) owned and operated by autoloans.ca (www.autoloans.ca) (referred to as “us“, “we“, or “our” as the context may require).

We provide Services, as defined below (the “Services”), to you through this Website or Mobile Application, subject to your acceptance of and compliance with the following terms and conditions (“Terms“).

By using our Services through this Website or Mobile Application, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms.

You may not use our Services if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this Website, Mobile Application, or any of this website’s contents, products or services by applicable law.

These Terms are an important part of the Website Terms and Conditions www.autoloans.ca/terms that apply generally to the use of our Website and Mobile Application. You should also carefully review our Privacy Policy before applying for products or services through this Website or Mobile Application www.autoloans.ca/privacy-policy (the “Additional Terms and Conditions”). If there is a conflict or inconsistency between these Terms and any Website Terms and Conditions, then the Website Terms and Conditions will take priority and govern regarding the Website or Mobile Application to which they apply and these Terms will take priority and govern regarding all other matters.

2. CHANGES TO THESE TERMS

These Terms apply to the use of our Services through our Website or Mobile Application. We may change these Terms at any time we see fit. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on this Website or Mobile Application. You should review these Terms before applying for any product or service that is available through this Website or Mobile Application. Your continued use of this Website or Mobile Application after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms were last updated on Oct 31, 2017

3. DESCRIPTION OF SERVICES

We provide you with assistance for the purchasing of both new and used motor vehicles (“vehicles”) by connecting you to third-party providers, including vehicle dealers and lenders (the “Services”). Our goal is to find you a competitive loan from our panel of lenders based on your application and relevant circumstances.

We provide ongoing credit monitoring to ensure that you are approved for a vehicle as soon as possible. For more information on credit monitoring, please see section 5 below.

To apply for our Services, you are required to submit your personal and financial information to us through our Website or Mobile Application (“Application”), and must be at least 18 years of age, and a Canadian resident to do so.

4. APPLICATION AND PERSONAL INFORMATION

To submit an application for Services, you will be required to provide personal information about yourself, such as your legal name, contact information and payment information. You may also be required to give certain authorizations or instructions to us or third-party service providers. 

By applying for a Product or Service, you consent to our collection, use, disclosure and retention of your personal information by us. All personal information you submit on our Website or Mobile Application will be subject to our Privacy Policy, www.autoloans.ca/privacy-policy, which governs the processing of all personal data collected from you in connection with the use of our Services.

As we and our third-party service providers will rely on the information you submit to us, you must ensure that the details provided by you in your application or at any time thereafter is correct and complete. If any of the information provided has been falsified or misleading, we reserve the right to immediately reject your application.

We are not under any obligation to verify the actual identity or authority of any person submitting an application, but we may in our discretion and at any time require verification of the identity of any person seeking to access your application and may deny access to and use of our Website or Mobile Application and any or all Services if we are not satisfied with the verification.

You understand and accept that you, solely, will be responsible and liable for any loss, damage, and liability that we, you, or a third-party may incur as a result of your submission of false, incorrect, or incomplete information.

If we refer you to a third-party service provider (“third-party”), as described in section 6 below, you may be required to submit credit reports and financial information to the third-party. We reserve the right to collect this information from the third-party on your behalf and update your personal information on record with us from time to time.

You are required to immediately notify us by email to info@autoloans.ca if there has been any unauthorized use of your application or any account you may have, or if you know or suspect that your personal and proprietary information has become known to or used by any other person.

5. PERIODIC CREDIT CHECKS

When you apply for our Services, you allow us to obtain your credit score and related information from a credit reporting agency to process the transaction.

By submitting your personal information and applying for Services through our Website or Mobile Application, you permit us to periodically obtain your credit score and update your personal information stored with us.

Any credit scores obtained on your behalf by us are stored in accordance with our Privacy Policy.

6. THIRD-PARTY SERVICE PROVIDERS

As part of our Service, we connect you to third-party service providers (“third-party”) for you to secure lenders, find vehicles, and obtain insurance coverage.

We will not be a party to any contract or arrangement under which you obtain any loan, product, or service from a third-party directly or indirectly through this Website or Mobile Application.

Any loan or other product or service which you obtain using our Website or Mobile Application will be subject to the terms and conditions of the relevant third-party. Before proceeding with any loan or other product or service with the third-party, you should read the relevant third-party’s terms and conditions carefully and, where appropriate, obtain independent advice.

You agree not to bring any claim against us arising from your application for, or use of, any loan or other third-party product or service through the Website or Mobile Application and, as we will not be a party to any contract or arrangement under which you obtain any loan or other product or service from a third-party directly or indirectly through the Website or Mobile Application, your sole recourse in respect of any performance, non-performance or delay in performance of the contract or arrangement by that third-party will be against that third-party and we, and our officers, employees, agents, partners, and sub-contractors (howsoever arising) shall be excluded form liability to the fullest extent permitted by law.

7. PRODUCTS AND SERVICES

All prices and other amounts that may appear on our Website or Mobile Application from time to time are in Canadian dollars. Any advertised prices listed on our Website or Mobile Application are subject to change at any time.

Any vehicle delivery times as may be advertised on our Website or Mobile Application, or selected by you in an order, may not be available due to various reasons and may be delivered to you at a later time.

Products and Services advertised on our Website or Mobile Application may not be available when ordered or at any later time. We reserve the right in our discretion to refuse or cancel any application for Services submitted by you.

8. INSURANCE BROKER

By applying for our Services through our Website or Mobile Application, you authorize us to acquire a quote for auto insurance, through a licensed insurance broker (the “Broker”), on your behalf. You understand that in obtaining this quote you are not under any obligation to purchase the policy obtained for you.

You consent to our release to and the Brokers collection, use and disclosure of, your personal information in order to:

1. understand your needs and analyze the suitability of the Brokers insurance and financial services for you;

2. determine your eligibility for any applicable or appropriate insurance policy products and services;

3. set up, manage and offer products and services that meet your needs and provide you with ongoing service;

4. meet our legal and regulatory requirements as well as those of the Broker and any insurance provider; and,

5. facilitate underwriting your insurable risks and insurance claims.

You hereby consent to (i) the disclosure of your personal information by the Broker to third party insurance providers for the purpose of obtaining a quote, and (ii) the release of any auto insurance quote from any insurance provider received by the Broker to autoloans.ca for the purposes as outlined in the Terms.

9. REFUNDS

WE OFFER NO REFUNDS ON ANY PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE OR MOBILE APPLICATION. All refunds or returns should be directed through the third-party service provider. You should carefully review all agreements between you and any relevant third-party before proceeding.

10. WARRANTIES AND DISCLAIMERS

We do not guarantee that any loan which is offered to you through the use of our Services will be at the cheapest rate and/or on the most favourable terms which are available in the market.

We do not manufacture or control any of the products or services offered on our Website or Mobile Application, as these are provided directly to you through third-party service providers. The availability of products or services through our Website or Mobile Application does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Website or Mobile Application. However, the products and services offered on our Website or Mobile Application may be covered by the manufacturer’s warranty – we direct you to contact the third-party service provider for more information on any applicable manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE OR MOBILE APPLICATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER BY US, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, ANY PRODUCT OR SERVICE OR ANY RELATED MATTER, UNDER ANY AREA OF LAW (INCLUDING TORT, CONTRACT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER AREA OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF AUTOLOANS.CA, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY AND EVEN IF AUTOLOANS.CA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.

OUR MAXIMUM LIABILITY TO YOU, HOWEVER ARISING (INCLUDING, WITHOUT LIMITATION, IN NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE FEES WHICH WE HAVE RECEIVED FROM YOU FOR THAT SERVICE.

12. INDEMNITY

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS AUTOLOANS.CA FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF A PRODUCT OR SERVICE OR YOUR NEGLIGENCE, MISCONDUCT OR BREACH OF THESE TERMS. NOTWITHSTANDING THE ABOVE, AUTOLOANS.CA RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD-PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH LEGAL COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

13. ACKNOWLEDGMENT

You acknowledge that the allocation of risk set out in these Terms is an essential part of the bargain between you and autoloans.ca and an inducement for us to provide you with our Services.

14. PRIVACY

We respect your privacy and are committed to protecting it. Please review our Privacy Policy before applying for products or services through this Website or Mobile Application at www.autoloans.ca/privacy-policy.

15. GENERAL

Notwithstanding any other provision of these Terms or any Additional Terms and Conditions, Auto Loans will not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms or any Additional Terms and Conditions to the extent performance is delayed or prevented due to any cause or causes that are beyond the Canada Drives Company’s control, any delay or failure of that kind will not be deemed to be a breach of these Terms or any Additional Terms and Conditions by the Canada Drives Company, and the time for the Canada Drives Company’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

These Terms, the Website Terms and Conditions, the Privacy Policy, and all other notices, policies and statements contained on this Website or Mobile Application (all as may be amended by us from time to time without prior notice) constitute the entire agreement between autoloans.ca and you. These Terms cannot be modified except as described herein. Anything in this Website or Mobile Application inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.

To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website or Mobile Application, these Terms, the General Terms and Conditions of Service, or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude us from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

16. CONTACT US

We value your visit to this Website or Mobile Application and welcome any questions or comments you might have about this Website or Mobile Application, these Terms, or any of the products or services offered by us. Please contact us by email at info@autoloans.ca or by mail at 80 Jutland Road, Etobicoke, Ontario, M8Z 2G6.