1. Your Acceptance of these Terms Deal Grinders and its corporate affiliates, including Deal Grinders Auto Finance, operate various websites (including but not limited to www.carstocompare.ca, www.mycarmyprice.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 warranties, 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 Deal Grinders or one of its corporate affiliates (each a “Deal Grinders Company”). These Terms are a binding agreement between you (on the one hand) and each Deal Grinders Company (on the other hand) regarding your registration for a Deal Grinders 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.
3. Permitted Use of Products and Services 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.
4. Accounts/Credentials Your use of an Account may require use of a valid user name and password (collectively “Credentials”) that comply with applicable technical requirements and policies established by a Deal Grinders 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 Deal Grinders Customer Care by email to info@Deal Grinders 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 Deal Grinders Company may act on any communication given through your Account or using your Credentials. The Deal Grinders Companies are not under any obligation to verify the actual identity or authority of any person using your Account or Credentials, but each Deal Grinders 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 Deal Grinders Company is not satisfied with the verification. A Deal Grinders 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 Deal Grinders Company, then you may not create another Account without the Deal Grinders Company’s express prior written consent.
5. Accurate Information 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 Deal Grinders 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 Deal Grinders Company will rely on the information that you provide. The Deal Grinders Companies are not obligated to verify the truth, accuracy, currency or completeness of any information you provide, but each Deal Grinders Company may do so in its discretion, and you hereby consent to each Deal Grinders 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 Deal Grinders 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
(a) the independent business may request a credit report for any legitimate purpose associated with the proposed transaction; and
(b) the Deal Grinders Company may collect from that independent business information regarding the transaction to update your confidential profile for use by all Deal Grinders Companies.
(a) Misprints/Errors: The Deal Grinders 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 Deal Grinders 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 Deal Grinders 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 Deal Grinders Company will notify you by email. The Deal Grinders 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 Deal Grinders 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 Deal Grinders Company when the relevant Deal Grinders Company confirms that your application or order has been accepted.
7. Technical Requirements and Technical Support 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 Deal Grinders 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 Deal Grinders 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.
8. Monitoring The Deal Grinders 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.
9. Feedback If you give feedback (including ideas or suggestions for enhancements or improvements) about a Website or a Product or Service to a Deal Grinders Company, then each Deal Grinders 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.
10. Communications You authorize each Deal Grinders 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 Deal Grinders Company; and
(c) respond to your communications through your Account, a Website, by email or other means of communication. Communications you send to a Deal Grinders Company are not effective unless and until they are actually received and processed by the Deal Grinders Company’s responsible representative. A Deal Grinders Company may refuse to process any communications that you send to the Deal Grinders Company, or may reverse the processing of any communications that you send to the Deal Grinders Company, at any time in its discretion, and without notice or liability to you or any other person, if the Deal Grinders Company believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
11. 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 Deal Grinders 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.
12. Referred Businesses, Referred Products/Services and Linked Sites A Deal Grinders 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 Deal Grinders 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 Deal Grinders Companies) and will be subject to the terms and conditions specified by the Referred Business (not by the Deal Grinders Companies). Referred Businesses are independent from the Deal Grinders Companies, and the Deal Grinders 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 Deal Grinders 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 Deal Grinders Company arising from, connected with, or relating to your dealings with a Referred Business or any Referred Product/Service. VAN01: 4437022: v1 5 For your convenience, Websites and communications sent by a Deal Grinders Company may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from the Deal Grinders Companies, and the Deal Grinders 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 Deal Grinders 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.
13. DISCLAIMERS, LIABILITY EXCLUSIONS AND INDEMNITY 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, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY EACH Deal Grinders COMPANY 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 ANY Deal Grinders 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. Deal Grinders 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. Deal Grinders 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 Deal Grinders 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. Deal Grinders 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 Deal Grinders 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 Deal Grinders 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 Deal Grinders 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 Deal Grinders 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, Deal Grinders 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, “Deal Grinders GROUP” MEANS EACH Deal Grinders 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 Deal Grinders COMPANIES AND AN INDUCEMENT TO THE Deal Grinders COMPANIES TO PROVIDE YOU WITH PRODUCTS AND SERVICES.
14. Termination 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 Deal Grinders Company or any other person (including a Referred Business).
15. Governing Law The Deal Grinders Companies have their head offices in Calgary AB. 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 Alberta.