Terms and Conditions
Last Updated: ● May 25, 2018.
These Terms and Conditions (the “Terms”) govern the use of this website (the “Site”) and the services offered through this Site are provided by Carfinco Inc., d.b.a. AutoArriba (“AutoArriba”, “we”, “us” or “our”) by a user (“you” or “your”), as well as any content downloaded from or accessed through the Site.
AutoArriba grants you a limited, personal, non-exclusive, non-transferable license to use the Site and the Content (as defined below) solely for the purpose of viewing, storing, processing and downloading information for your personal use in connection with your use of the services available through the Site (the “Services”), subject to your compliance with these Terms.
Except as expressly permitted in these Terms, you agree not to copy, reproduce, publish, modify, display, communicate, translate, perform, broadcast or otherwise use or make available the Site or any Content or other information and materials obtained through or in connection with the use of the Services or the Site. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of the Site or any Content.
All rights not expressly granted to users under these Terms are hereby expressly reserved by AutoArriba, and any additional uses of the Site or its contents require our prior written permission.
The use of this Site and of the Services is limited to residents of Canada who have reached the age of majority in their province or territory of residence.
- Services, Dealings & Disclaimer
AutoArriba provides specific Services through the Site. If you are a vehicle buyer, AutoArriba provides services to assist you in obtaining a loan for the purchase of an automobile. To request a loan, you must submit a loan application, which is subject to our review and approval. AutoArriba does not guarantee that you will qualify for a loan or that we will offer you a loan through the Site. If we do offer you a loan through the Site, you must agree to additional terms and conditions relating to the loan (the “Additional Terms”).
If you are a vehicle seller that has logged in to the Site in connection with a potential or pending sale of your vehicle, AutoArriba provides services to facilitate the sale transaction with the buyer.
AutoArriba is not engaged in selling vehicles. The sale of any vehicle will be subject to separate terms and conditions to be agreed between the buyer and the seller of the vehicle.
- Intellectual Property Rights
All materials published or otherwise accessible through the Site, including, but not limited to, information and reports, news articles, text, photographs, images, illustrations, software, user interfaces, “look and feel”, functionalities and other materials (the “Content”) are protected by copyright and other intellectual property rights and are owned or controlled by AutoArriba, by the party credited as the provider of the Content or by their respective licensors. In addition, the Site and its Content are protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws. Certain names, logos and marks displayed on the Site, in the Content or with the Services constitute trademarks of AutoArriba or their respective owners. Unless otherwise specified, any reproduction, modification, redistribution, publication, transmission, transfer, sale, distribution, performance, display, translation or exploitation of the Site or its Content, whether in whole or in part, constitutes a violation of applicable federal or provincial law and is prohibited. You must not remove any copyright, trademark or other proprietary rights notice from the Site or Consent and must not reverse engineer, decompile or disassemble any portion of the Site.
- User Content
Any information, data, text, graphics, images, video, messages, ideas, reviews, opinions, questions, suggestions and other materials (“User Content”) that you post, e-mail, transmit, upload or otherwise submit through your use of the Site or the Services are submitted at your own risk. You are solely responsible for any User Content. To the extent that any User Content includes any information or intellectual property of a third party, you must obtain the authorization of such third party and you represent and warrant to AutoArriba that you have obtained such authorization.
By submitting any Content, you grant to AutoArriba a royalty-free, perpetual, worldwide, transferable, non-exclusive right and license, with right to sublicense, to copy, reproduce, publish, modify, display, communicate, translate, perform, broadcast or otherwise use or make available such User Content (in whole or part) in any form and in any media, now known or later developed, without compensation or obligation to you or any other party.
You agree that any intellectual property rights in any inventions arising from any ideas, comments or other feedback submitted to us shall be owned by AutoArriba and may be used and exploited at our discretion, without compensation or obligation to you or to any other party.
- Acceptable Use Policy
You agree that you will not violate any law, regulation, contract, intellectual property or other third-party right or commit a tort in connection with your use of the Site or the Services and that you are solely responsible for your conduct while using the Site and the Services.
You agree that you will not:
- Use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or the Services, or that could damage, disable, overburden or impair the functioning of the Site or the Services in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Site or the Services for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site, or to extract data from the Site, the Content or the Services;
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms; or
- Submit false information on any application or otherwise attempt to defraud AutoArriba or any other party.
You agree not to create, upload, transmit, store, distribute or otherwise publish through the Site or the Services:
- Any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening User Content;
- Any User Content that violates the rights of any third party, including the right to privacy;
- Any User Content that is reasonably likely to constitute, encourage or provide instructions for a criminal offense;
- Any User Content that may infringe any copyright, patent, trademark, trade secret or other intellectual or proprietary right of any party;
- Any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations; or
- Viruses, corrupted data or other harmful, disruptive or destructive files.
AutoArriba reserves the right, at its sole discretion to immediately suspend or terminate access by any user who is using, or who AutoArriba reasonably believes is using, the Site or its services in violation of these Terms.
AutoArriba may, but is under no obligation to, monitor and remove any User Content.
You agree to indemnify, and hold harmless AutoArriba, its subsidiaries and affiliates and their respective officers, partners, directors, employees and agents from and against any and all claims, losses, expenses, demands, or liabilities, including legal fees and costs on a solicitor-own-client basis resulting from your (a) your breach of these Terms; (b) your misuse of the Site, the Content or the Services; (c) your submission of any User Content; (d) your violation of any other party’s rights including, without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality.
- Disclaimer of Warranties
Some jurisdictions do not allow the exclusion of certain warranties and, accordingly, some or all of the limitations below may not apply to you (for example, they may not apply to you if you are a consumer who is a resident of Quebec). In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
The Site, the Services and the Content are provided for your personal use and for your convenience. AutoArriba makes no representation, warranty or condition of any kind with respect to the Site, the Services or the Content, or regarding the functionality, good working order or condition of the Site, its suitability for use, or its use in an uninterrupted or error-free manner. To the maximum extent permitted by law, AutoArriba disclaims any and all such representations, conditions and warranties, including but not limited to warranties of merchantability, quality, operation, non-infringement, title, usefulness, completeness, accuracy, timeliness, durability or reliability or fitness for a particular purpose. In no event shall AutoArriba or any of its officers, directors, employees, shareholders, partners, agents or licensors be liable to you for any damages, losses or liabilities of any kind including, without limitation, any direct, indirect, special, exemplary, punitive, incidental or consequential damages incurred in connection with your access and use of, or inability to access or use, the Site, the Services and/or any Content and/or your reliance on the Site, the Services any Content, regardless of the form of action or theory of liability and even if AutoArriba has been advised of the possibility of such damages.
- Limitation of Liability
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages and, accordingly, some or all of the limitations below may not apply to you (for example, they may not apply to you if you are a consumer who is a resident of Quebec). In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
To the fullest extent permitted by applicable law, you agree that AutoArriba will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use or access the Site, any Content, or any Services; (ii) any errors or omissions in the Site or any Content; or (iii) the suspension or termination of your ability to access the Site, the Services or any Content. Your sole remedy under these terms shall be to discontinue use of the Site and the Services. You acknowledge that we have entered into this agreement with you, and have and will make the Site, the Content and the Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set out in these terms, which form an essential part of our agreement.
You may terminate your use of the Site at any time.
We may terminate your use of the Site and these Terms immediately at any time, for any or no reason, including if you have violated or acted inconsistently with the provisions of the Terms.
Upon termination, you will have no further right to use the Site, the Content or the Services. Any rights and licenses granted to you under these Terms will terminate upon termination, save any provision of these Terms that by its nature is intended to survive, including any provision relating to intellectual property and confidentiality, shall survive termination.
Any financing agreement that you have entered into as a result of your use of the Site or the Services will not be terminated as a result of your termination of your use of the Site or our termination of your use of the Site and of these Terms.
- Updates and Changes
We may update, change, suspend or terminate any aspect of these Terms or the Site at any time and for any reason. Please consult these Terms each time that you use the Site. To the full extent permitted by applicable law, your continued use of the Site following the posting of changes to these Terms will mean that you accept and agree to those changes. Notwithstanding the above, unless otherwise required by law, any application that you submit to us will continue to be governed by the version of these Terms in effect at the time that the application is submitted.
[This provision may not apply to you if you are a consumer who is a resident of Quebec.] To the extent permitted by applicable law, the Terms shall be governed by the laws of the Province of Alberta, Canada, regardless of conflict of laws rules, and the federal laws of Canada applicable therein. To the extent permitted by law, you agree to the non-exclusive jurisdiction of the courts in Ontario, Canada for any dispute in connection with the Terms or your use of the Portal, the Content or the Services.
You may not assign your rights or obligations under these Terms without the prior written consent of AutoArriba. AutoArriba may assign these Terms or any of our rights or obligations hereunder at any time.
No waiver of any of the Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any waiver of any right or remedy under these Terms may only be granted by an authorized representative of AutoArriba.
The parties hereto have expressly requested that this Agreement be drafted in English. Les parties aux présentes ont expressément requis que la présente convention soit rédigée en langue anglaise.
For additional information with respect to these Terms, you may contact us at:
AutoArriba Privacy Officer
#200, 4245 – 97 Street NW/