Canada Drives® Group General Terms of Service Last Updated June 3, 2021
Please carefully read these general terms of service before registering for a Canada Drives company account or applying or submitting an order for a Canada Drives company product or service. These terms and conditions are a binding contract that governs use of a Canada Drives company’s products and services, exempts Canada Drives companies and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.
By registering for a Canada Drives company account or applying or submitting an order for a Canada Drives company 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 company account or apply or submit an order for a Canada Drives company product or service.
Canada Drives Ltd. (“Canada Drives”), its parent company, 1195407 B.C. Ltd., and its
corporate affiliates, including Spring Financial Inc., Spring Auto Finance Ltd.,
Spring Mortgage Group Inc., 1025479 B.C. Ltd., and 1003746 B.C. Ltd, operate various websites (including www
canadadrives.ca, www.getdriving.ca, www.autocreditdeals.ca, www.springfinancial.ca,
and www.freshstartfinance.ca) (each a “Website”) that advertise or accept orders
for various products and services, such as assistance finding a car dealer or a lender, extended car warrantie
, insurance, credit cards, personal loans, other financial products and services and memberships in designated programs
collectively “Products and Services” and each a “Product” or “Service”, as applicable) provided
by Canada Drives or one of its corporate affiliates (Canada Drives, its corporate affiliates, and 1195407
B.C. Ltd. are collectively, the “Canada Drives Companies”, and each a “Canada Drives Company”).
These Terms are a binding agreement between you (on the one hand) and each Canada Drives Company (on the other hand) regarding your registration for a Canada Drives Company account (an “Account”), your applications or orders for Products and Services and your use of each Product or Service. By registering for an Account or applying or submitting an order for a Product or Service, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms. If you do not unconditionally accept and agree to these Terms, then you may not register for an Account or apply or submit an order for a Product or Service.
A Canada Drives Company in its discretion may change these Terms at any time and from time to time, without any prior notice, by posting the changed Terms on the applicable Website. The changed Terms are effective immediately on posting on the applicable Website, unless the changed Terms expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms and review any changes since the previous version. You may not change these Terms in any manner. By submitting an application or order for a Product or Service, or continuing to use your Canada Drives Company account, after these Terms have been changed by a Canada Drives Company, you signify your unconditional acceptance and agreement to be bound by the changed Terms.
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.
You may use Products and Services for your own lawful, personal use for non-commercial purposes only and subject to these Terms, all applicable Additional Terms and Conditions and all applicable laws. Use of a Product or Service for any other purpose or in any other manner is strictly prohibited.
Your use of an Account may require
use of a valid user name and
“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.
To register for an Account or to
apply or submit an order for a
Product or Service, you may be
required to provide certain
information about yourself
(including your legal name, contact
information and payment
information) and give certain
authorizations or instructions. You
will ensure that all information you
provide to a Canada Drives
Company is true, accurate, current
and complete, and you will update
that information from time to time
so that it remains true, accurate,
current and complete.
Each Canada Drives Company will rely on the information that you provide. The Canada Drives Companies are not obligated to verify the truth, accuracy, currency or completeness of any information you provide, but each Canada Drives Company may do so in its discretion, and you hereby consent to each Canada Drives Company making reasonable inquiries and investigations that it considers appropriate to verify the information you provide.
You are and will remain solely responsible and liable for all loss, damage and liability (including additional costs) that you, any Canada Drives Company or any other person may incur as a result of your submission of any false, incorrect or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under this section 7.
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
privacy-policy), as revised from
time to time, and as otherwise
permitted by applicable law.
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(s) or bank account information 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.
(a) Misprints/Errors: The Canada
Drives Companies endeavour to
provide current and accurate
information on Websites and in
communications relating to your
applications and orders for
Products and Services, but
misprints, errors, inaccuracies,
omissions (including incorrect
specifications for Products and
Services) and other errors may
sometimes occur. Each Canada
Drives Company reserves the right
to correct any misprint, error,
inaccuracy or omission at any time
without prior notice or liability to
you or any other person, and to
change at any time Products and
Services advertised on Websites,
the prices, fees, charges and
specifications of those Products and
Services, any promotional offers
and any other Website content, all
without any notice or liability to you
or any other person. If you submit
an order for a Product or Service for
which incorrect information was
displayed on a Website, the relevant
Canada Drives Company will
provide you with a reasonable
opportunity to cancel your order.
(b) Availability: Products and Services advertised on a Website may not be available when ordered or any later time. If you order a Product or Service that is not available, the relevant Canada Drives Company will notify you by email. The Canada Drives Companies reserve the right in their discretion to refuse or cancel any order you submit and to limit quantities available for sale or sold.
(c) Prices: All prices and other amounts appearing on a Website are quoted in Canadian dollars, unless expressly indicated otherwise. The Canada Drives Companies reserve the right to change prices advertised on a Website at any time. The total price of your order will include the price of the ordered Products and Services plus all applicable taxes and delivery and handling charges. The price, applicable taxes and charges will appear on the completed order, and will be charged to your credit card or other payment method when your order is accepted.
(d) Orders: The advertisements on Websites are invitations to make offers to purchase and are not offers to sell. Your properly completed and delivered application or order constitutes your offer to purchase the Products and Services referenced in the application or order. Your application or order will be deemed accepted by the relevant Canada Drives Company when the relevant Canada Drives Company confirms that your application or order has been accepted.
(a) Bank Verification System: The Bank Verification System is enabled by Flinks Technology Inc. (“Flinks”). Flinks is a third party service provider and is not a Canada Drives Company. The bank account verification enabled by Flinks is referred to as the “Flinks Service”.
(b) Proprietary Rights: You are permitted to use information, data or other materials delivered to you through the Flinks Service only with the BVS Website. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials. Further, you agree not to reverse engineer or reverse compile any of the Flinks Service technology.
(d) Third Party Accounts: By using the BVS Website and the Flinks Service, you authorize Canada Drives Group and Flinks to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Canada Drives Group and Flinks a limited power of attorney, and you hereby appoint Canada Drives Group and Flinks as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, as required to provide you the Flinks Service. You acknowledge and agree that when a Canada Drives Company or Flinks accesses and retrieves information from third party sites, the Canada Drives Company and Flinks are acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by You. You understand and agree that the Flinks Service is not endorsed or sponsored by any third party account providers accessible through the Flinks Service.
(e) Disclaimer of warranties: You expressly understand and agree that:
(i) Your use of the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided on an “as is” and “as available” basis. Canada Drives Group and Flinks expressly disclaim all warranties of any kind as to the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non- infringement.
(ii) Canada Drives Group and Flinks make no warranty that: (1) the Flinks Service will meet your requirements; (2) the Flinks Service will be uninterrupted, timely, or error-free; (3i) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service will meet your expectations; or (4) any errors in the technology will be corrected.
(iii) Flinks in its discretion may suspend or revoke your access to or use of the Flinks Service.
(iv) Any material downloaded or otherwise obtained through the use of the Flinks Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from any Canada Drives Company or Flinks through or from the Flinks Service will create any warranty not expressly stated in these terms.
(f) Limitation of liability: Notwithstanding anything to the contrary in these Terms, you agree that neither any Canada Drives Company, Flinks, nor any of their affiliates or subsidiaries, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if any Canada Drives Company or Flinks has been advised of the possibility of such damages, resulting from: (i) the use of or the inability to use the Flinks Service; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the Flinks Service; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Flinks Service.
(g) Indemnification: You agree to protect and fully compensate Canada Drives Group and Flinks and their affiliates and subsidiaries from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys/legal fees) caused by or arising from your use of the Flinks Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(h) Flinks: You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Flinks were a party to this Agreement.
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.
The Canada Drives Companies are not obliged to monitor your use of your Account, but reserve the right to do so in their discretion (including for the purposes of administering the Account and providing Products and Services, quality assurance and training, verifying compliance with these Terms and compliance with applicable laws) without notice or liability to you or any other person.
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.
You authorize each Canada Drives
Company to: (a) accept
communications it receives from
you by means of your Account or
by email as if those
communications had been given
directly by you in writing and
signed by you; (b) disclose your
communications to its service
providers and to any other Canada
Drives Company; and (c) respond
to your communications through
your Account, a Website, by email
or other means of communication.
Communications you send to a Canada Drives Company are not effective unless and until they are actually received and processed by the Canada Drives Company’s responsible representative. A Canada Drives Company may refuse to process any communications that you send to the Canada Drives Company, or may reverse the processing of any communications that you send to the Canada Drives Company, at any time in its discretion, and without notice or liability to you or any other person, if the Canada Drives Company believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
Copyright © 2020. 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.
A Canada Drives Company may
provide a referral to an independent
business, such as a car dealer,
lender or credit card provider (each
a “Referred Business”), and
Websites and communications from
a Canada Drives Company may
include advertisements for products
or services (including cars, car loans
or other financing, extended car
warranties, insurance, roadside
assistance services, personal loans,
credit building services and credit
cards) offered by a Referred
Business (each a “Referred
Product/Service”). Those referrals
and advertisements do not
guarantee that a Referred Product/
Service will be offered or available
to you as indicated or at all, or that
you will qualify to purchase or
receive a Referred Product/Service.
The availability of a Referred
Product/Service is within the
discretion of the relevant Referred
Business (not the Canada Drives
Companies) and will be subject to
the terms and conditions specified
by the Referred Business (not by the
Canada Drives Companies).
Referred Businesses are independent from the Canada Drives Companies, and the Canada Drives Companies do not have any control over, and are not responsible or liable for, any Referred Business or any Referred Product/Service. Each Referred Business will provide its Referred Products/Services subject to a separate agreement between you and the Referred Business, and the Canada Drives Companies are not parties to that agreement or any related transaction between you and the Referred Business. Your dealings with Referred Businesses and your use of a Referred Product/ Service are at your own risk, and you will not make any claim against any Canada Drives Company arising from, connected with, or relating to your dealings with a Referred Business or any Referred Product/ Service.
For your convenience, Websites and communications sent by a Canada Drives Company may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from the Canada Drives Companies, and the Canada Drives Companies do not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against any Canada Drives Company arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
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,
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
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.
These Terms as they apply to you will continue in full force and effect unless and until you cease using all Products and Services, and in those circumstances these Terms will continue to apply and be binding regarding your access to and use of Products and Services before termination and all related matters (including any related dispute). The termination of these Terms will not terminate any other agreement between you and any Canada Drives Company or any other person (including a Referred Business).
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.
Except as expressly set out below,
and unless applicable law requires
otherwise, all disputes,
controversies and claims arising
under, out of, in connection with,
or in relation to these Terms,
Products, Services or any related
matter will be referred to and
finally resolved by binding
arbitration administered by ICDR
Canada in accordance with its
Canadian Arbitration Rules. The
number of arbitrators will be one.
The place of arbitration will be
Vancouver, British Columbia. The
language of the arbitration will be
the English language. If ICDR
Canada is not operative, the
arbitration will proceed ad hoc and
be governed by the Arbitration Act
Notwithstanding the foregoing, any Canada Drives Company may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms or to protect the Canada Drives Company’s rights and interests.
You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
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 a
Canada Drives Company, which consent
may be withheld in the Canada
Drives Company’s discretion.
Each Canada Drives Company may,
without your consent, assign its
rights and obligations under these Term
. 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
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.
Reviews: Reviews and testimonial advertisements used by a Canada Drives Company 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 reviews or 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 [email protected]
If you do not accept and agree to these terms and conditions, then you may not register for an account or apply or submit orders for any product or service.