This website (the “Site”) and the services offered through this Site are provided by 1005199 B.C. Ltd. doing business as “Canada Financing” (“Canada Financing“, “we“, “us” or “our“) for the use of individual users. All rights not expressly granted to users under these Terms are hereby expressly reserved by Canada Financing, and any additional uses of the Site or its contents require our prior written permission. For further information please contact info@CanadaFinancing.ca.
These terms and conditions (“Terms“) govern your (“user“, “you” or “your“) use of the Site and our services, as well as any content downloaded from or accessed through the Site, and constitute a legal contract between you and Canada Financing. Please read these Terms in their entirety because your use of the Site, other than to review these Terms, signifies your consent to be legally bound by and to comply with these Terms. If you do not agree with these Terms, you may not access or use the Site or use our services.
These Terms were last updated on June 30, 2014. At any time without notice or liability, and for any reason, we may update, change, suspend or terminate any aspect of these Terms or the Site. Please consult these Terms each time that you use the Site. Your continued use of the Site for 15 days or more following the posting of changes to these Terms will mean that you accept and agree to those changes. Notwithstanding the above, unless otherwise required by law, any application that you submit to us will continue to be governed by the version of these Terms in effect at the time that the application is submitted.
Limited License
Subject to your compliance with these Terms, Canada Financing grants you a limited, personal, non-exclusive, non-transferable license to use the Site and our Content (as defined below) solely for the purpose of viewing, storing, processing and downloading information for personal use in connection with your use of our services.
Except as expressly permitted in these Terms, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, broadcast or otherwise make available the Site or any Content, or other information and materials obtained through or in connection with the use of the Site, including without limitation, by caching, framing, deep-linking or similar means.
Privacy
Your use of the Site and our services, and our use of certain information about you, are subject to our privacy policy available at www.CanadaFinancing.ca/privacy-policy/ (“Privacy Policy“), which is incorporated by reference into these Terms. Through your use of the Site or our services you agree to the collection, storage and use of your information in accordance with the Privacy Policy. In case of any inconsistency between these Terms and any terms set out in the Privacy Policy, the terms of the Privacy Policy will prevail.
User Content; Rights to Unsolicited Comments and Ideas
All information, data, text, graphics, images, video, messages, ideas, reviews, opinions, questions, suggestions and other materials (“Content“) that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Site or our services are submitted at your own risk and are your sole responsibility. If you are posting Content belonging to or generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not submit any Content that may cause harm or injury to any party. Do not publicly disclose any personal information about yourself or others.
Except in the case of any Feedback (as defined below), you or a third party licensor retain all intellectual property rights in any Content that you submit. By submitting any Content, whether on your own behalf or on behalf of another party, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, disseminate, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, without compensation or obligation to you or any other party. The rights granted hereunder may be freely assigned or sub-licensed by us to any party.
If you submit any unsolicited ideas, comments or other feedback (“Feedback“) to us regarding the Site or our services, you agree that such Feedback (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that Canada Financing and its affiliated companies may use (or not use) and exploit any Feedback in any way at their discretion, without compensation or obligation to you or to any other party. You hereby waive all “moral rights” in and to any Feedback and other Content that you submit.
Web Scraping/Harvesting
You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of this web site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this web site.
We may, but are under no obligation to, pre-screen or monitor any Content other than our own. We reserve the right, but do not assume the obligation, to remove postings, and/or to ban users who violate these Terms from using the Site or our services. Except where prohibited by law, we also reserve the right to reveal users’ identities (or any other information that we may know about users, including IP address(es) in the event of a complaint or legal action, including a request by law enforcement authorities. Canada Financing assumes no liability or responsibility for any unauthorized modifications to the Site, or for any information posted, uploaded or otherwise added to the Site by any party other than Canada Financing.
You understand that by using the Site or our services, you may be exposed to Content that is incomplete, inaccurate, high risk, unlawful, offensive or objectionable. Under no circumstances will we be liable in any way for any loss, damage or injury (including, but not limited to, death or economic loss) related to, or arising from the use or loss of, any Content (whether yours, ours or someone else’s) including, but not limited to, as a result of any errors or omissions in any Content or on the Site.
Linking to This Web Site
may create a link (the "Hyperlink") to this web site provided that:- you do not replicate any of the Content of this web site;
- you do not create a frame or any other bordered environment around this web site or its Content;
- the Hyperlink shall not imply any endorsement of any product or services; and
- the web site linking to this web site does not contain any information, content or material that would interfere with the operation this web site nor which libels, defames, invades privacy, is distasteful, offensive, obscene, pornographic, abusive or threatening, intended for an adult audience, infringes intellectual property laws or violates any other laws.
Our dealership may withdraw your right to link to this web site at any time in its sole discretion.
External links on this web site
Links available on this web site will allow you to link to web sites not maintained or controlled by our dealership. Our dealership provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other web sites and assumes no responsibility for content on third party web sites. Please be aware that you link to these third party web sites at your own risk.
Third Party Content, Services, Dealings & Disclaimer
Canada Financing provides the Site to you as a service, which allows you to apply for automotive financing. You understand and agree that the submission of an application to us does not constitute preapproval of credit and is not an application for credit. Canada Financing does not arrange for or facilitate credit, nor is it engaged in leasing or selling vehicles.
Canada Financing is merely a distributor, and not a publisher, of any services, advertisements or other content offered or supplied by third parties that is accessed via the Site or otherwise through your use of our services. Canada Financing does not have administrative or other control over such third party products and services, offers no warranties or representations, and accepts no responsibility or liability in respect of any third party products or services, or a user’s use of them. In any transactions or proposed transactions with third parties, including motor vehicle dealerships and credit organizations who you have come in contact with through the use of the Site and/or our services, you agree that Canada Financing is not the seller or provider. Your agreement to purchase any products or services from a third party or to otherwise enter into negotiations or transactions with a third party is solely between you and the third party, and not us. Under no circumstances will Canada Financing be responsible or liable for any loss or damage of any kind incurred as a result of, or in connection with, any discussions, negotiations, correspondence, agreements or other business dealings by you with any third parties, including any dealers, credit organizations or advertisers found on or through the use of the Site, and including payment for and delivery of related goods and services.
Without limiting the generality of the foregoing, Canada Financing does not guarantee that any particular vehicle shown on the Site or in our advertisements is available for sale by a motor vehicle dealership in your geographic area or, even if that vehicle is available, that you will be qualified to purchase it. Availability of any vehicles or financing options (if any) is solely within the control and discretion of the motor vehicle dealership and/or financing entity, if different, and will be subject to such terms and conditions as they may determine. Further, you acknowledge and agree that Canada Financing does not guarantee the products or services of any of the persons or organizations to whom we provide your personal information, or that any person or organization will offer or provide you with products or services at any rate or at all.
The Site may contain hyperlinks to other web sites (“Linked Sites“) that have been developed by advertisers and other third parties, which are not under the control of Canada Financing. Canada Financing provides hyperlinks to the Linked Sites as a convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by Canada Financing or its agents of the Linked Sites, or of any products or services offered on or through the Linked Sites. Further, Canada Financing is not responsible for the contents of the Linked Sites, and is not acting as a publisher or disseminator of information or materials contained on any Linked Site or any hyperlink contained on a Linked Site. You acknowledge that the use of Linked Sites may be subject to terms and conditions contained on those Linked Sites, and you agree that you are solely responsible for your use of any Linked Site.
Our Intellectual Property Rights
The Site, our services, and any Content and other information and materials created or supplied by us, and the selection and arrangement thereof, are owned by us (or our third party licensors) and are protected by Canadian and international copyright and other intellectual property laws and treaty provisions.
“CanadaFinancing” and other trademarks and design marks, trade dress, domain names, service names, logos and associated designs used in connection with the Site or our services are trademarks and/or registered trademarks of Canada Financing and/or its affiliates, licensors, or related companies, and may not be used, copied, or imitated, in whole or in part, without our prior written permission. All other products, brand and company names and logos used or mentioned on the Site, any listings or other Content accessed through the Site or the use of our services, may be the trademarks (registered or unregistered) of their respective owners. The use of any trademarks without the express written consent of the owner of the trademark is strictly prohibited. You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Site, any of our Content or any other information or materials accessed through the Site or the use of our services.
Indemnity
You acknowledge and expressly agree that use of this web site is at your sole and own risk. You agree to defend, indemnify and hold our dealership, its affiliates and business partners as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these terms of use by you or users of your account, or in any way arising out of the use of this web site, including without limitation, the placement or transmission of any information or other materials on this web site by you or users of your account.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
(A) THE SITE AND OUR SERVICES PROVIDED TO YOU FOR YOUR PERSONAL USE IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SITE, INCLUDING ANY LINKS OR CONTENT, AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, OUR SERVICES, OUR CONTENT, AND ANY OTHER INFORMATION AND MATERIALS THAT WE MAKE AVAILABLE TO YOU IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT A PARTICULAR RESULT (OR ANY RESULT) WILL BE ATTAINED THROUGH THE USE OF OUR SERVICES.
(B) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (I) THE SITE, OUR SERVICES, OR ANY CONTENT, LINKED OR RELATED WEBSITES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS, (II) THAT VEHICLE FINANCING, OR ANY OTHER PRODUCTS OR SERVICES, WILL BE AVAILABLE TO YOU; (III) THE USE OF THE SITE OR ANY CONTENT, LINKED OR RELATED WEBSITES OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OUR SERVICES, OR ANY CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL, (V) THE QUALITY OF ANY PRODUCTS, SERVICES, PROGRAMS, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH YOUR USE OF THE SITE OR OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (VI) ANY ERRORS IN THE SITE, CONTENT OR OTHER MATERIALS WILL BE CORRECTED.
(C) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM OR DAMAGE, INCLUDING (BUT NOT LIMITED TO) DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. Canada Financing EXPRESSLY DISCLAIMS RESPONSIBILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR SOFTWARE, COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES) OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE OR ASSOCIATED WEBSITES, OR FROM USING OR DOWNLOADING ANY INFORMATION, DATA, TEXT, SOFTWARE, PHOTOGRAPHS, GRAPHICS, IMAGES, MESSAGES, IDEAS OR OTHER CONTENT.
(D) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH YOUR USE OF THE SITE OR OUR SERVICES, SHALL CREATE ANY WARRANTY OR OTHER LIABILITY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES, OR WITH ANY RESULTS OBTAINED THROUGH THEIR USE, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SITE, OUR SYSTEMS, ANY CONTENT, OR ANY MATERIALS, PRODUCTS, SERVICES, OFFERINGS OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SITE OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA AND/OR PERSONAL OR FINANCIAL INFORMATION; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR OUR SERVICES. YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE USE OF THE SITE AND OUR SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE SITE AND OUR SERVICES AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND US.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law.
Termination
You may discontinue your use of the Site and/or our services at any time, for any reason or for no reason.
In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Site or any party’s ability to access or use the Site, our services, our materials or other Content, at any time and for any reason (or no reason), including any breach by you of these Terms.
Upon termination, you will have no further right to use the Site or our services, and any rights and licenses granted to you under these Terms will terminate. Termination or other discontinuation of your use of the Site or our services will not relieve you of any obligations arising prior to termination regarding the use and protection of intellectual property or confidential information, ownership, or indemnification nor will it relieve you of any liability for any breach of these Terms. Upon termination (subject to always to applicable laws) we will have the right, but not the obligation to retain any Content or other information that you have submitted.
Authorized Users
Use of this Site and our services are available only to residents of Canada who have attained the age of majority in their province of residence. Any products and service offered through the Site are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Site and our services.
If you wish to contact us with any questions, comments or concerns regarding these Terms, the Site or our services, or to provide any notice pursuant to these Terms, please contact us at info@CanadaFinancing.ca
Miscellaneous
The terms of use of this web site and all other documents referenced herein constitute the entire agreement between our dealership and you with respect to your use of this web site. Our dealership's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of these terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province in which our dealership is located and the federal laws of Canada applicable therein.