Terms and Conditions

1. ACCEPTANCE OF TERMS

Autoloans.ca is a website 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) to you through this website (“Website“) and mobile application (“Mobile Application“). Access to, and use of, this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms“).

BY USING THE WEBSITE OR MOBILE APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://www.autoloans.ca/privacy-policy. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR MOBILE APPLICATION.

By using this Website or Mobile Application, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with autoloans.ca (“Autoloan”) and meet all of the necessary eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Mobile Application.

In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. We reserve the right to change these Terms at any time without prior notice and your continued access or use of this Website, Mobile Application, or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were last updated on Oct 31, 2017.

If you do not agree with one or more of these Terms, do not access or use this Website, Mobile Application, or the Services.

2. YOUR USE OF WEBSITE OR MOBILE APPLICATION AND ACCOUNT SET-UP AND SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website or Mobile Application. Users are required to ensure that all persons who access the Website or Mobile Application through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website or Mobile Application, including content or areas of the Website or Mobile Application, may require user registration. It is a condition of your use of the Website or Mobile Application that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or Mobile Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Mobile Application.

Your provision of registration information and any submissions you make to the Website or Mobile Application through any functionality such as applications, e-mail, message boards, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://www.autoloans.ca/privacy-policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or Mobile Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate any account you may hold with us, including any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

You are prohibited from attempting to circumvent and from violating the security of this Website or Mobile Application, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website or Mobile Application owner’s ability to monitor the Website or Mobile Application; (f) using any robot, spider, or other automatic device, process, or means to access the Website or Mobile Application for any purpose, including monitoring or copying any of the material on the Website or Mobile Application; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or Mobile Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or Mobile Application.

We may act upon any communication that is given through Interactive Functions. We are not required to verify the actual identity or authority of a person using an account you may hold with us (“your account”) or your personal information, but we may in our discretion at any time require verification of the identity of a person seeking to access your account and may deny access to and use of your account if we are not satisfied with the verification. If we, in our discretion, consider your account or personal information to be unsecure or to have been used inappropriately, then we may immediately cancel your account without any notice to you. You may be required to change any necessary login information from time to time.

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 dealers and lenders (the “Services”). Our goal is to find you a competitive loan from a lender on our panel of lenders based on your application and relevant circumstances.

In order to use our Services, you are required to submit your personal and financial information to us through our Website or Mobile Application (“Application”).

Your use of our Services is subject to your acceptance of our General Terms and Conditions of Service. For more information, please see our General Terms and Conditions of Service www.autoloans.ca/general-terms-conditions.

4. PRIVACY POLICY

Your privacy is important to us. Any personal information that you provide to us through this Website or Mobile Application is subject to our Privacy Policy www.autoloans.ca/privacy-policy. For more information, please see our Privacy Policy www.autoloans.ca/privacy-policy for details.

5. USE OF THE WEBSITE OR MOBILE APPLICATION

We authorize you to view, download and print content provided on this Website or Mobile Application for your use only and only in connection with your registering with Autoloan or using our Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s or Mobile Application’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website, Mobile Application, or their materials or content without our prior written permission is strictly prohibited. We reserve the right to take such steps as we deem necessary, including legal action, to restrain such unauthorized and prohibited activity. We further reserve the right to suspend or terminate your access to any part of this Website, Mobile Application, or the Services immediately, without prior notice, at our sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website, Mobile Application, or the Services.

6. TRADEMARKS AND COPYRIGHT

Autoloans.ca and related words and logos are trademarks or tradenames of Autoloan in Canada and other jurisdictions. Autoloan is also the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Website or Mobile Application will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Autoloan. The names of other companies, products and services referred to on this Website may be trademarks or tradenames of their respective owners. Any unauthorized use of the trademarks or tradenames of Autoloan or of third parties is strictly prohibited.

The materials provided on this Website or Mobile Application including, without limitation, all portions of this Website or Mobile Application, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to Autoloan materials remains with Autoloan and any unauthorized use of such materials is strictly prohibited. We reserve the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.

7. USER GENERATED CONTENT

We value your visit to this Website or Mobile Application and welcome any questions, comments or feedback you might have about this Website or Mobile Application, these Terms or any of the products or services offered by us (“Feedback“). Please refer to the Contact section of this Website or Mobile Application for phone and fax numbers and email addresses.

If you provide User Content or Feedback, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant us the right to use the name you submit with the User Content or Feedback, if any, in connection with our rights hereunder.

8. ACCEPTABLE USE AND RESTRICTIONS

The owner of this Website or Mobile Application is based in Ontario, Canada. We provide this Website or Mobile Application for use only by persons located in Canada. This Website or Mobile Application is not intended for use in any jurisdiction where its use is not permitted. If you access the Website or Mobile Application from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

In addition to complying with these Terms, you agree to use this Website or Mobile Application, the Services and materials on this Website or Mobile Application for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of this Website, Mobile Application, or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.

You agree not to use the Services or this Website or Mobile Application in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

9. THIRD PARTY WEBSITES

For your convenience, this Website or Mobile Application may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website or Mobile Application. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

10. NO RELIANCE

The content on our Website or Mobile Application is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website or Mobile Application, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website or Mobile Application is accurate, complete, or up to date. Your use of the Website or Mobile Application is at your own risk and neither Autoloan nor any parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website or Mobile Application.

11. INDEMNITY

You will defend, indemnify and hold harmless Autoloan 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 this Website or Mobile Application, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, we retain 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 our own selection at our cost and expense.

12. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE OR MOBILE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION IS AT YOUR OWN RISK. THE WEBSITE, MOBILE APPLICATION, THIER CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER AUTOLOAN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, MOBILE APPLICATION, OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER AUTOLOAN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, MOBILE APPLICATION, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, MOBILE APPLICATION, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE OR MOBILE APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE, MOBILE APPLICATION, AND YOUR COMPUTER, MOBILE DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, MOBILE APPLICATION, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, MOBILE APPLICATION, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

13. LIMITATIONS OF LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL AUTOLOAN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE OR MOBILE APPLICATION, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE OR MOBILE APPLICATION CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 14 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.

14. GENERAL

These Terms, the General Terms of Service, 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.

15. CONTACT US

We value your visit to this Website or Mobile Application and welcome any questions or comments you might have about this Website, 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.

16. CONSENT TO RECEIVE SMS COMMUNICATIONS

By providing your mobile number and opting in during registration, application, or any other interaction with our services, you consent to receive SMS communications from Autoloans.ca. These communications include alerts, updates, promotional offers, and other relevant information. You may opt-out at any time by following the instructions provided in the SMS messages.