General Terms of Service

PLEASE CAREFULLY READ THESE GENERAL TERMS OF SERVICE BEFORE REGISTERING FOR A CANADA DRIVES ACCOUNT OR APPLYING OR SUBMITTING AN ORDER FOR A CANADA DRIVES PRODUCT OR SERVICE. THESE TERMS AND CONDITIONS ARE A BINDING CONTRACT THAT GOVERNS USE OF CANADA DRIVES PRODUCTS AND SERVICES, EXEMPTS CANADA DRIVES AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.

BY REGISTERING FOR A CANADA DRIVES ACCOUNT OR APPLYING OR SUBMITTING AN ORDER FOR A CANADA DRIVES PRODUCT OR SERVICE, 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 REGISTER FOR A CANADA DRIVES ACCOUNT OR APPLY OR SUBMIT AN ORDER FOR A CANADA DRIVES PRODUCT OR SERVICE.

Your use of each Website is subject to the applicable Website Terms of Use that are available on the Website. Each Product or Service may be subject to additional terms and conditions or applicable rules (collectively the “Additional Terms and Conditions”), which are available on the applicable Website or may be presented when you apply for or order the Product or Service. If there is a conflict or inconsistency between these Terms and any Website Terms of Use, then the Website Terms of Use will take priority and govern regarding the Website to which they apply and these Terms will take priority and govern regarding all other matters. If there is a conflict or inconsistency between these Terms and any Additional Terms and Conditions, then the Additional Terms and Conditions will take priority and govern regarding the specific Product or Service to which they apply, and these Terms will take priority and govern regarding all other matters.

Products and Services may be ordered and used only by individuals (natural persons) who are located in Canada, are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. Products and Services may not be ordered or used by individuals who are located outside Canada.

You may not apply to register for an Account or submit an application or order for a Product or Service if you are not eligible to use the Product or Service as set out above, if you are prohibited by applicable law from using the Product or Service, if you do not accept and agree to these Terms and all applicable Additional Terms and Conditions, if you have breached these Terms or any applicable Additional Terms and Conditions or if a Canada Drives Company has prohibited you from applying for or ordering Products and Services.

Notwithstanding the foregoing or any other provision of these Terms, each Canada Drives Company reserves the right in its discretion and for its sole convenience to refuse to accept applications or orders for Products or Services from you or any other person.

Your use of an Account may require use of a valid user name and password (collectively “Credentials”) that comply with applicable technical requirements and policies established by a Canada Drives Company.

You may have only one (1) Account. Your Account and Credentials are personal to you and may not be shared with any other person. You may not create an Account for anyone else. You are fully responsible and liable for maintaining the confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for all resulting loss, damage and liability. You may not disclose your Credentials to any other person or permit any other person to use your Account or Credentials.

You will immediately notify Canada Drives Customer Care by email to [email protected] if there has been any unauthorized use of your Account or if you know or suspect that your Credentials have become known to or used by any other person.
Each Canada Drives Company may act on any communication given through your Account or using your Credentials. The Canada Drives Companies are not under any obligation to verify the actual identity or authority of any person using your Account or Credentials, but each Canada Drives Company in its discretion may at any time require verification of the identity of any person seeking to access your Account and may deny access to and use of your Account and any or all Services if the Canada Drives Company is not satisfied with the verification.

A Canada Drives Company in its discretion may cancel or suspend your Account or reject, revoke or require that you change or renew your Credentials at any time (including if your Account is inactive) without notice or liability to you or any other person. If your Account is suspended, cancelled or terminated by a Canada Drives Company, then you may not create another Account without the Canada Drives Company’s express prior written consent.

By registering for an Account or applying or submitting an order for a Product or Service, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of the Canada Drives Companies as explained in the Canada Drives Group Privacy Policy (online: https://www.canadadrives.ca/privacy-policy), as revised from time to time, and as otherwise permitted by applicable law.

When you apply or submit an order for certain Products or Services (such as assistance finding a car dealer or a lender) provided by a Canada Drives Company, the Canada Drives Company may obtain your credit score and related information from a credit reporting agency to process or fulfill the transaction, and the Canada Drives Company may also use the credit score and related information to update your confidential profile for use by all Canada Drives Companies.

If a Canada Drives Company refers you to an independent business (e.g. a car dealer, lender or credit card company) for a proposed transaction (e.g. a car purchase, loan or credit card), then: (a) the independent business may request a credit report for any legitimate purpose associated with the proposed transaction; and (b) the Canada Drives Company may collect from that independent business information regarding the transaction to update your confidential profile for use by all Canada Drives Companies.

You are solely responsible and liable for obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage, all equipment (including compatible computing devices), software (e.g. Internet browser and PDF reader software) and services (including Internet access and mobile data services) necessary for your use of your Account, Products and Services. The Canada Drives Companies are not obligated to provide technical support, but may do so in their discretion. Your use of that technical support is governed by these Terms.

For greater certainty, electronic communications (including text messages) that you send to or receive from a Canada Drives Company may be subject to standard message and data rates charged by your service providers, and you are solely responsible and liable for payment of those charges.

If you give feedback (including ideas or suggestions for enhancements or improvements) about a Website or a Product or Service to a Canada Drives Company, then each Canada Drives Company and its licensors may use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person.

Copyright © 2016. Canada Drives Ltd. All Rights Reserved. Products and Services, the technologies and data used to provide Products and Services and all related proprietary rights (including copyright) are owned solely by the Canada Drives Companies and their licensors and are protected by Canadian and international intellectual property laws. Your purchase or use of a Product or Service does not transfer to you any right, title or interest in, to or associated with the Product and Service or any related technologies and data or any related intellectual property rights.

GENERAL DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS AND SERVICES ARE MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY EACH CANADA DRIVES COMPANY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF ANY CANADA DRIVES COMPANY.

DISCLAIMER FOR LINKED SITES, REFERRED BUSINESSES AND REFERRED PRODUCTS/SERVICES: WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES, REFERRED BUSINESSES AND REFERRED PRODUCTS/SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND USE LINKED SITES, REFERRED BUSINESSES, AND REFERRED PRODUCTS/SERVICES AT YOUR OWN RISK. CANADA DRIVES GROUP DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING ANY LINKED SITE, REFERRED BUSINESS OR REFERRED PRODUCT/SERVICE. CANADA DRIVES GROUP DOES NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE, REFERRED BUSINESS OR REFERRED PRODUCT/SERVICE.

TECHNOLOGY DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, WEBSITES, PRODUCTS AND SERVICES MAY BE AFFECTED BY NUMEROUS CIRCUMSTANCES BEYOND CANADA DRIVES GROUP’S CONTROL, AND MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. WEBSITES, PRODUCTS AND SERVICES MAY ALSO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CANADA DRIVES GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM THOSE CIRCUMSTANCES, LIMITATIONS, DELAYS OR OTHER PROBLEMS.

LIABILITY EXCLUSION: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CANADA DRIVES GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR 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 THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF CANADA DRIVES GROUP, 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 CANADA DRIVES GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.

INDEMNITY: YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS CANADA DRIVES GROUP 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 FOREGOING, CANADA DRIVES GROUP 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 COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

DEFINITION: IN THESE TERMS, “CANADA DRIVES GROUP” MEANS EACH CANADA DRIVES COMPANY AND EACH OF ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

RESERVATION: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES AND REMEDIES, AND SO THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT APPLY TO YOU.

ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK SET OUT IN THESE TERMS IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE CANADA DRIVES COMPANIES AND AN INDUCEMENT TO THE CANADA DRIVES COMPANIES TO PROVIDE YOU WITH PRODUCTS AND SERVICES.

The Canada Drives Companies have their head offices in Vancouver, British Columbia. These Terms, Products, Services and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.

Miscellaneous: These Terms are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms are for the benefit of Canada Drives Group. No consent or waiver by a Canada Drives Company to or of any breach of these Terms by you will be effective unless in writing and signed by the Canada Drives Company or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Canada Drives Group under these Terms are cumulative and not exhaustive or exclusive of any other rights or remedies to which Canada Drives Group may be lawfully entitled under these Terms or at law, and Canada Drives Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms or any of your rights and obligations under these Terms without the express prior written consent of Canada Drives, which consent may be withheld in Canada Drives’ discretion. Each Canada Drives Company may, without your consent, assign its rights and obligations under these Terms. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms would fail in their essential purpose.

Notices: Each Canada Drives Company may deliver notices to you by email or postal mail to any of the addresses that you provide to any Canada Drives Company (including when you register for an Account or when you apply or submit an order for a Product or Service). You are solely responsible for ensuring that your email and postal addresses on file with each Canada Drives Company are and remain current and correct, and you will promptly give notice to each Canada Drives Company of any change to your email or postal addresses.

Force Majeure: Notwithstanding any other provision of these Terms or any Additional Terms and Conditions, a Canada Drives Company 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.

Interpretation: In these Terms: (a) a reference to “Terms” refers to these General Terms of Service as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.

Complete Agreement: These Terms and all applicable Additional Terms and Conditions set out the entire agreement between you and each Canada Drives Company regarding your use of your Account, your applications and orders for Products and Services, your use of Products and Services and all related matters. These Terms may not be modified except as set out in section 3. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and any Canada Drives Company regarding your use of your Account, your applications and orders for Products and Services, your use of Products and Services or any related matter. For greater certainty, your use of each Website is governed by the applicable Website Terms of Use.

Language: You and the each Canada Drives Company have expressly requested and required that these Terms and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms provided by a Canada Drives Company is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern.

Testimonials: Testimonial advertisements used by Canada Drives reflect personal experiences of those who have used our products and/or services in some way or another, however the customer details have been changed to protect our customer's identity. Results do vary and the testimonials are not necessarily representative of all of those who will use our products and/or services.

If you have any questions or comments regarding these Terms, please contact Canada Drives’ customer care at info[email protected].