Terms and Conditions

David Saint-Germain Marketing Inc. (“DSG”, “we”, “our” or “us”) operates the autofinance.ca website (the “Website”) and provides the products and services offered on the Website. By using the Website in any way, you (“you” or the “User”) accept these terms and conditions of use (the “Terms”). If you do not wish to be bound by the Terms, if you are located outside Canada or if you are not the age of majority in your province of residence, do not use the Website. Please read these Terms carefully before you start to use the Website.

  1. Acceptance of Terms
    1. The Terms are electronic contract that establish the legal terms you must accept to use the Website. The Terms include our Privacy Policy.
    2. By accessing or using the Website, you accept the Terms and agree to the terms, conditions and notices contained or referenced herein and consent to have the Terms and all notices provided to you in electronic form. The Terms may be modified by us from time to time, such modifications to be effective upon being posted on the Website. We shall notify you of changes to the Terms through notices on the Website or by email, or both.
  2. No Advice
    1. The Website provides information only and is not a definitive statement on the matters discussed on the Website. The Website does not provide financial, credit or other advice and nothing presented on the Website constitutes professional advice of any type. You should obtain appropriate advice from a qualified professional prior to acting on any information provided on the Website.
  3. Permitted Use of Website
    1. We grant you a non-transferable, non-exclusive, revocable, limited licence to use and access the Website solely for your own personal, non-commercial use. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited. You shall not use the Website for unlawful, fraudulent, or commercial purposes or any other manner prohibited by the Terms.
    2. You are not permitted to use the Website to:
      1. upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
      2. utilize, in any manner, the Website to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
      3. use the Website to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
      4. interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
      5. attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website);
      6. harass or interfere with any other Website user’s use and enjoyment of the Website;
      7. use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
      8. “frame” or “mirror” any part of the Website, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the Website in order to direct any person to any other websites for any purpose;
      9. tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
      10. licence, sell, rent or lease any part of the Website.
  4. Third Party Links
    1. We may provide links through the Website to the websites of third parties. These Websites are owned and operated by third parties over whom we do not have control. We have not reviewed all such linked platforms and accept no responsibility for the contents of third party websites or third party products or services offered on such websites. The inclusion of any link does not imply endorsement by us of such platform. Use of any such linked platform is at your own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party website or for any acts, omissions, errors or defaults of any third party in connection with their products or services.
  5. Intellectual Property
    1. We own and retain all proprietary rights in the Website, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains copyrighted material, trademarks, and other proprietary information owned by us. You shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any Website content, including copyright, trademark and other intellectual property notices.
    2. Subject to Section 3.1, no license is granted to you or any other party for the use of any of our intellectual property.
    3. Any third party trademarks, service marks or other intellectual property displayed on the Website are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. You are not authorized to use, reproduce or modify any third party intellectual property on our Website, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.
    4. We may, in appropriate circumstances and at its discretion, terminate your access to the Website if you infringe our intellectual property rights or those of any other user.
  6. Disclaimers
    1. You agree that:
      1. if you use the Website, you do so at your own and sole risk;
      2. if you access or transmit any content through the use of the Website, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions;
      3. we are not responsible for any incorrect or inaccurate content submitted to the Website, or any inaccurate or incorrect data generated by the Website whether caused by users, or by any of the programming associated with or utilized in the Website;
      4. we are not responsible for the conduct, whether online or offline, of any user of the Website; and
      5. we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
    2. We do not represent or warrant that:
      1. the Website will meet your requirements or that any particular result (or any result) will be obtained through using the Website;
      2. access to the Website will be uninterrupted, timely, secure, or error-free; or
      3. the quality or reliability of the Website will meet your expectations or that the Website is accurate, complete, reliable, useful, timely or current.
    3. TO THE FULLEST EXTENT PERMITTED BY LAW, DSG, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS (THE “DSG PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING THE WEBSITE. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR EQUIPMENT, DATA OR OTHER PROPERTY AS A RESULT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR BROWSING ON OUR PRODUCTS OR SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL, OR INABILITY TO DO ANY OF THE FOREGOING. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY USERS OR THIRD PARTIES AND YOU RELEASE THE DSG PARTIES FROM ALL CLAIMS, COMPLAINTS OR CAUSES OF ACTION RELATED TO OR ARISING FROM ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST A USER OR A THIRD PARTY.
  7. Liability
    1. To the extent not prohibited by law, DSG will not be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages arising from, relating to or connected with:
      1. the use or inability to use the Website;
      2. actions or inactions of other Users or any other third parties for any reason; or
      3. any other matter arising from, relating to or connected with the Website or the Terms.
    2. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT THAT ANY EXCLUSION OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY IN CERTAIN JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS ($50).
    3. We will not be liable for any failure or delay in performing under the Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
    4. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Website. You acknowledge and agree that such provisions are reasonable and fair.
  8. Indemnity
    1. You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms.
  9. Privacy
    1. We are committed to protecting your privacy. We process your information in line with our Privacy Policy. By using the Website, you agree to the way in which we process and deal with your personal information as set out in the Privacy Policy.
  10. Termination
    1. These Terms shall apply whenever you use the Website. If you stop using the Website or we terminate the Website, the provisions of these Terms, which should by their nature, survive termination will survive such termination, including, without limitation, Sections 1, 2, 3.2, 4, 5, 6, 7, 8, 12, and 13. Upon termination, your Personal Information will be dealt with in accordance with our Privacy Policy.
  11. Advertising
    1. An offer or promotion advertised on the Website is subject to availability and is not an indication of availability. We reserve the right to amend, modify, extend or cancel any offer or promotion without advance notice.
  12. Feedback
    1. If you provide us with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us as Feedback any information or ideas that you consider to be confidential or proprietary.
  13. Miscellaneous
    1. Nothing in the Terms shall be construed as making either party the partner, agent, legal representative, employer or employee of the other.
    2. You shall not assign your rights and obligations according to the Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment by you without the appropriate prior written approval will be null and void and of no force or effect. These Terms may be assigned by us at any time, including to an affiliate or in connection with a sale of all or part of the business or undertaking of DSG.
    3. These Terms shall be interpreted only in accordance with the laws of the province of British Columbia, Canada and the laws of Canada applicable therein, excluding its conflict of laws rules and all private international laws.

      PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Subject as set out below, any dispute, claim, or controversy arising out of or related to these Terms of Use and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, will be referred to and finally resolved by arbitration.

      Notwithstanding the preceding sentence, neither DSG nor you are required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The Federal Court of Canada and the Supreme Court of British Columbia, Vancouver Registry, and any courts which may hear appeals from those courts, will have exclusive jurisdiction over any suit not subject to arbitration.  You and DSG will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by the British Columbia International Commercial Arbitration Centre (“BCICAC”) (or its successor) pursuant to its Domestic Commercial Arbitration Shorter Rules of Procedure, and conducted by a single arbitrator in Vancouver, British Columbia, Canada, unless the arbitrator determines differently. The appointing authority will be the BCICAC.  The language of the arbitration will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in Court.  Whether the dispute is heard in arbitration or in Court, you will not commence a class action, class arbitration or other representative action or proceeding against DSG.
    4. The Terms will be binding and will enure to the benefit of the legal representatives, successors and assigns of the parties hereto.
    5. The Terms (and the policies referenced herein and incorporated by reference) constitute the entire agreement between the parties with respect to the use of the Website, and you have not relied upon any promises or representations by us with respect to the subject matter except as set forth herein.
    6. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
    7. If any provision of the Terms is held by a court or arbitration tribunal of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, that provision will be interpreted in a manner consistent with applicable law as nearly as possible to our original intentions and the remaining provisions of these Terms will remain in full force and effect. Our failure to exercise or enforce its rights under these Terms does not waive our right to enforce such right(s).
  14. Contact
    1. If you have any questions or concerns about these Terms, you may contact us at contact@autofinance.ca.

Last Revised: October 21, 2020

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