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“).
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.
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.
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 email@example.com 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.
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:
understand your needs and analyze the suitability of the Brokers insurance and financial services for you;
determine your eligibility for any applicable or appropriate insurance policy products and services;
set up, manage and offer products and services that meet your needs and provide you with ongoing service;
meet our legal and regulatory requirements as well as those of the Broker and any insurance provider; and,
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.
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.
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.
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.
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.
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 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.
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 firstname.lastname@example.org or by mail at 80 Jutland Road, Etobicoke, Ontario, M8Z 2G6.
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