Spring® Website Terms of Use Last Updated
May 7, 2020
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE SPRING WEBSITE. THESE TERMS
OF USE ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE SPRING WEBSITE, EXEMPTS SPRING
AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF
DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.
BY USING THE SPRING FINANCIAL WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE,
THEN YOU MAY NOT USE THE SPRING WEBSITE.
These Terms of Use are a binding agreement between you and Spring Financial Inc., Spring Auto Finance Ltd., and Spring Mortgage Group Inc. (collectively, "Spring", each, a "Spring Company") regarding your access to and use of the Spring website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website. In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
These Terms of Use related to the
Website only. Products and services
advertised on or available through
the Website are governed by other
applicable agreements prescribed
by Spring or its corporate
affiliates, including the Canada
Drives® General Terms of Service.
Spring is a group of corporate
affiliates of Canada Drives Ltd.
(“Canada Drives”). Each Spring
Company, their parent company,
1195407 B.C. Ltd., and each of
their affiliates, including Canada Drives,
1025479 B.C. Ltd. and 1003746 B.C. Ltd.
are referred to as a “Canada Drives Company”.
Certain features or functionalities
of the Website are restricted to
individuals who hold a
valid and subsisting account with a
Spring Company or a Canada Drives
Company, which the account is
governed by the Canada Drives®
General Terms of Service.
A Spring Company in its sole discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website at https://www.springfinancial.ca/website-terms-of-use. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by the Spring Company, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
The Website may be 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. The Website may not be used by individuals who are located outside Canada. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by a Spring Company.
By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of a Spring Company as explained in the Canada Drives Group Privacy Policy (online: https:// www.canadadrives.ca/privacy- policy), as revised from time to time, and as otherwise permitted by applicable law.
The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed, and is not professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
Subject to these Terms of Use and
all applicable laws, you may use the
Website for your lawful, personal
use for non-commercial purposes
only, only in the manner
purposefully made available by the
Website and subject to these Terms
of Use and all applicable laws. Use
of the Website for any other
purpose or in any other manner is
strictly prohibited.
You will not: (a) use the Website in
any manner or for any purpose
except as expressly permitted by
these Terms of Use; (b) use the
Website for a commercial or
business purpose (whether or not
for profit) or on behalf of, or for the
benefit of, any other person; (c)
attempt to circumvent the ordinary
navigational structure, technical
delivery systems or display of the
Website or attempt to access or use
the Website by any means that is
not purposely made available for
that purpose by Spring; (d)
use the Website in a way that
interferes with or disrupts the
security, integrity, functionality,
operation or performance of the
Website or any related computer
system, network or data; (e) license,
sublicense, grant, sell, resell, lend,
rent, lease, loan, share, transfer,
assign, pledge, copy, reproduce,
distribute, imitate, publish,
republish, translate, repost, publicly
display, publicly perform, transmit,
distribute, create any interest in,
commercially exploit, or otherwise
give or make available or permit
access or use of the Website to or
for the benefit of any other person,
whether as a service bureau or
otherwise, and with or without
charge; (f) index, crawl, catalogue,
mirror, frame, scrape, cache, or
otherwise collect or mine data from
the Website for any purpose
whatsoever, using any technologies,
tools or methods (including robots,
spiders, crawlers, or other
automatic devices, programs or
methodologies) whatsoever; (g)
alter, violate, circumvent, conceal,
modify or remove any notices
(including proprietary rights
notices), proprietary codes or locks,
means of identification, digital
rights tools or management
information, technological
protection measures, security or
control measures, or agreements
on, in or in relation to the Website;
or (h) authorize,
permit, assist, encourage or enable any other person to do any
of the foregoing or to use
the Website in a way that
would constitute an infringement of the
rights of a Spring Company or
a breach of these Terms of
Use if it were done by
you. The foregoing restrictions do
not apply if and to the
extent, but only to the
extent, that the restrictions are
prohibited by applicable law.
Copyright © 2020. Spring Financial Inc. Spring Auto Finance Ltd. Spring Mortgage Group Inc. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by Spring and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
SPRING™, SPRING FINANCIAL™, the Spring logo, CANADA DRIVES®, CANADA DRIVES & Design® and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Spring and Canada Drives. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from Spring, and Spring does not endorse, nor have any responsibility nor 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 a Spring Company or any other member of Canada Drives Group 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 DISCLAIMERS: TO THE
FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, THE WEBSITE IS
MADE AVAILABLE AND PROVIDED
TO YOU ON AN “AS IS”, “AS
AVAILABLE” AND “WITH ALL FAULTS”
BASIS AND WITHOUT ANY
REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES OF
ANY NATURE OR KIND
WHATSOEVER, WHETHER EXPRESS,
IMPLIED OR STATUTORY, OR
ARISING FROM CUSTOM OR TRADE
USAGE OR BY ANY COURSE OF
DEALING OR COURSE OF
PERFORMANCE, INCLUDING ANY
REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES OF
OR RELATING TO ACCURACY,
CAPACITY, COMPLETENESS, DELAYS,
DURABILITY, ERRORS, FITNESS FOR
A PARTICULAR PURPOSE, LACK OF
NEGLIGENCE, VIRUSES OR OTHER
HARMFUL COMPONENT,
INTERRUPTED SERVICE,
MERCHANTABILITY, NON-
INFRINGEMENT, PERFORMANCE,
RESULTS, QUALITY, TIMELINESS,
TITLE OR WORKMANLIKE EFFORT,
ALL OF WHICH ARE HEREBY WAIVED
BY YOU AND DISCLAIMED BY
CANADA DRIVES GROUP TO THE
FULLEST EXTENT PERMITTED BY
APPLICABLE LAW; AND NO
REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES WILL
BE CREATED BY ANY ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, PROVIDED BY OR ON
BEHALF OF CANADA DRIVES GROUP.
IF YOU ARE DISSATISFIED WITH THE
WEBSITE, YOUR SOLE REMEDY IS TO
DISCONTINUE USE OF THE WEBSITE.
LINKED SITES: WITHOUT LIMITING
THE GENERALITY OF ANY OTHER
DISCLAIMER, YOU ARE SOLELY
RESPONSIBLE FOR THE SELECTION
OF LINKED SITES TO ACHIEVE YOUR
INTENDED RESULTS, AND YOU
ACCESS, DEAL WITH, PURCHASE
AND USE LINKED SITES 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.
CANADA DRIVES GROUP DOES NOT
CONTROL, AND IS NOT
RESPONSIBLE OR LIABLE FOR, ANY
LINKED SITE.
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 SO THE
DISCLAIMERS AND LIABILITY
EXCLUSIONS AND LIMITATIONS IN
THESE TERMS AND CONDITIONS
MIGHT NOT APPLY TO YOU.
DEFINITION: IN THESE TERMS
OF USE, “CANADA DRIVES GROUP<.b>”
MEANS EACH CANADA DRIVES COMPANY,
AND EACH OF ITS RESPECTIVE LICENSORS,
SUPPLIERS AND SERVICE PROVIDERS,
AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, CONTRACTORS,
AGENTS, SHAREHOLDERS, DISTRIBUTORS,
AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
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, THE WEBSITE 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.
The Website may contain
technologies that restrict or limit
the use of the Website (including
restrictions based on time or
location). A Spring Company in its sole
discretion may change, suspend or
terminate the Website, or limit,
suspend or terminate your use of
the Website, effective immediately
at any time and without any prior
notice or liability to you or any
other person. The Website may be
interrupted or unavailable from
time to time, including for
maintenance or due to causes
beyond the control of a Spring Company,
all without notice or
liability to you or any other person.
If your permission to use the
Website is terminated for any
reason, then these Terms of Use
will continue to apply and be
binding regarding your access to
and use of the Website before
termination and all related matters
(including any related dispute).
Spring has its head offices in Vancouver, British Columbia. These Terms of Use and the Website 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 of Use or
the Website or any related matter (a
“Dispute”) 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
(British Columbia).
Notwithstanding the foregoing,
a Spring 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 of Use or to protect Spring’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 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 of
Use are binding on you and your
heirs, executors, administrators,
successors and personal
representatives. These Terms of
Use are for the benefit of Canada
Drives Group. No consent or waiver
by a Spring Company to or of any
breach of these Terms of Use by
you will be effective unless in
writing and signed by the Spring 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 of Use 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 of Use 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 of Use or any of your rights
and obligations under these Terms
of Use without the express prior
written consent of a Spring Company,
which consent may be withheld in
a Spring Company discretion. A Spring
Company may, without your
consent, assign its rights and
obligations under these Terms of
Use. If any provision of these Terms
of Use 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 of Use and the remaining
provisions will continue in full force
and effect unless as a result of the
severance these Terms of Use
would fail in their essential
purpose.
Interpretation: In these Terms of
Use: (a) a reference to “Terms of
Use” refers to these General Terms
of Use as a whole, and not just to
the particular provision in which
those words appear; (b) headings
are for reference only; (c) words
importing the singular number only
include the plural, and vice versa;
(d) “person” includes an individual,
corporation and any other legal
entity; (e) “including” or “includes”
means including or includes (as
applicable) without limitation or
restriction; (f) “law” includes
common law, equity, statutes and
regulations; and (g) “discretion”
mean a person’s sole, absolute and
unfettered discretion.
Complete Agreement: These
Terms of Use set out the entire
agreement between you and
Spring regarding your use
of the Website. These Terms of Use
may not be modified except as set
out in section 3. There are no
representations, warranties, terms,
conditions, undertakings or
collateral agreements, express,
implied or statutory, between you
and Spring regarding the
Website. For greater certainty,
products and services advertised
on or available through the Website
are governed by other applicable
agreements.
Language: You and Spring
have each expressly
requested and required that these
Terms of Use and all related notices
and other documents be drawn up
in the English language. Les parties
conviennent et exigent
expressément que ce Contrat et
tous les documents qui s’y
rapportent soient rédigés en
anglais. Subject to applicable law,
any non-English translation of
these Terms of Use provided by
Spring is for convenience
only, and if there is a conflict or
inconsistency between the English
version and a non-English version
then the English version of these
Terms of Use will take priority and
govern.
If you have any questions or
comments regarding these Terms
of Use, please contact Spring’s customer care at
[email protected]
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE WEBSITE.