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Terms and conditions

Effective date: november 10, 2022

1- Acceptance of the terms of use

This is an agreement between Automobile En Direct.com Inc. ("Automobile En Direct", "we" or "our"), owner and operator of the website accessible at automobileendirect.com (the "Site") and you ("you").

By accessing the Site and using the services provided therein (the “Services”), you acknowledge and agree to be bound by (i) these terms of use (the "Terms of Use"); and (ii) Automobile En Direct’s Privacy Policy (the “Privacy Policy”). If you choose not to accept these Terms of Use or the Privacy Policy, you must refrain from using accessing the Site, consult its content or otherwise use the Services.

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Automobile En Direct regarding the use of the Site and the Services, which comes into effect for an indefinite period beginning when you access the Site.

The Services are reserved for persons who have reached the age of majority in their province of residence, as provided for by applicable laws.

2- Changes to the terms of use

Automobile En Direct reserves the right, at its sole discretion, to modify, add or remove any part of these Terms of Use, without notice. It is your responsibility to regularly review the Terms of Use posted by Automobile En Direct and any changes to them. By accessing the Site, you are deemed to have accepted all changes to the Terms of Use publish at such moment.

3- Site and services

Modification. Automobile En Direct reserves the right at any time to modify or discontinue the access or the content of the Site or the Services (or any part thereof) without notice. Automobile En Direct is not liable to you or to any third party for any such modification, suspension or discontinuance.
Availability. Automobile En Direct cannot guarantee the availability of the Site or the Services.
Compatibility. Automobile En Direct does not warrant that the Site or the Services will be or remain compatible with the browser or device you use. Without limiting the generality of the foregoing, you are solely responsible for obtaining the software necessary to use the Services and for viewing the content of the Site.
Limitations. Automobile En Direct does not guarantee that the Site’s content or the quality of the Services will meet your expectations or that any errors will be corrected.

4- Usage

Functionalities.The Site and the Services allows you to obtain information on our products and services, to start a chat session with an advisor to find out about your various purchases and to make an appointment in-store.
Informations.The information available through the Site or our Services is subject to the conditions indicated in the contracts that concern them.
Automobile En Direct grants you a limited, non-exclusive and non-transferable right to access the Site and use the Services solely for lawful purposes in accordance with the Terms of Use (the ''Authorized Purposes''). Without limiting the generality of the foregoing, you are notably prohibited from taking part in the following prohibited activities in connection with your access to the Site or your use of the Services:
1. copy, distribute or disclose all or any part of the Site or the Services or any content contained therein, in any medium, including by means of a web scraping tool or technique, whether automated or not;
2. use an automated system, including indexing robots and offline readers, to access the Site or the Services;
3. transmit, by means of the Services spam or any other form of unsolicited electronic communication;
4. attempt to interfere with the servers hosting the Site or the Services, compromise the integrity or security of their system or decrypt a transmission to or from them;
5. take any action that, in the sole discretion of Automobile En Direct, imposes or is likely to impose an unreasonable or disproportionately large load on Automobile En Direct's systems;
6. upload data, viruses, worms or other malicious software;
7. collect, retrieve or harvest information that could be used to identify individuals;
8. test the vulnerability of Automobile En Direct's systems;
9. impersonate any person, or otherwise misrepresent your affiliation with a person or entity, commit fraud, or conceal or attempt to conceal his or her identity;
10. interfere with the proper functioning of the Site or the Services;
11. access any content using means or technologies other than those provided or authorized by Automobile En Direct; or
12. circumvent the measures Automobile En Direct may use to prevent or restrict access to the Site or the Services, including functionalities that prevent or restrict the use or copying of content or impose limits on the use;
Control of use. Automobile En Direct records events relating to the security or that are of interest for audit or statistical purposes, including but not limited to all access to the Site or the Services or portions thereof, all communications sent or received by a user (in the case of electronic messaging integrated into the Services), as well as any other activity related to the Services as the case may be.
Investigations and prosecutions. Automobile En Direct has the right to investigate and pursue legal remedies for any violation of the Terms of Use, to the fullest extent permitted by law.

5- Your account

Account Creation. Use of the Services may require the creation of a user account. When creating a user account, you agree to provide true and complete information about yourself as required by the registration process, and to update it as necessary to keep it accurate at all times. You must also choose a unique and secure password. In the event of a breach of this Section 5.1, Automobile En Direct reserves the right to terminate or suspend your right to use the Services without notice, at its sole discretion.
Responsibility for Account You are entirely responsible for ensuring and maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activity that occurs under your account. You agree to immediately notify Automobile En Direct of any unauthorized activity that occurs under your account or any other breach of security.
Account Security. Automobile En Direct has implemented appropriate security measures to protect the Site and Services. However, Automobile En Direct cannot guarantee that unauthorized third parties will never be able to breach these security measures or that they will not unlawfully use information that you have provided that identifies you (''Personal Information''). You acknowledge that you provide your Personal Information at your own risk.
Liability for Account Misuse. Automobile En Direct is not responsible or liable, directly or indirectly, for any loss or damage of any kind incurred by you as a result of someone else using, with or without your consent, your password or username, or your account. You may also be liable for losses incurred by Automobile En Direct or a third party due to someone else using your account, username or password.
Use of Other Accounts. You may not use anyone else's account at any time, unless with the permission of the account holder as her or his duly authorized mandatary
Suspension of the Account. If Automobile En Direct determines that you have violated these Terms of Use, Automobile En Direct reserves the right to suspend or disable access to your account without notice. Automobile En Direct reserves the right to reactivate access to your account at its sole discretion. Automobile En Direct may also suspend or deactivate your account if you infringe any third party intellectual property rights or if we are required to do so by law. We invite you to contact Automobile En Direct to try to solve the problem and obtain the reactivation of your account as soon as possible.

6- Intellectual property

Intellectual property. All the content of this Site and the Services, including without limitation the trademarks, text, logos, slogans, images, drawings, graphics, photographs, videos, musical excerpts, downloads, technical programs and business processes, is owned or otherwise provided or used under license by Automobile En Direct. All the content of the Site and the Services is subject to Automobile En Direct’s intellectual property rights under applicable laws of Canada or other countries and international treaties. Any unauthorized use of this content, including without limitation any reproduction, distribution, transmission or communication to the public without prior written authorization of Automobile En Direct, is prohibited.
Trademarks. Without limiting the generality of the foregoing, you acknowledge that all trademarks represented on the Site or in the Services (whether registered or not) are the exclusive property of Automobile En Direct or third parties and may not be used without prior written authorization from their respective owners.
No Right. No element of the Site or the Services shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of the intellectual property contained therein, except with the express written consent of the owner of such intellectual property.
Feedback. You agree that by providing or submitting material to Automobile En Direct by any means of transmission, including your suggestions, ideas and comments, you grant Automobile En Direct permission to use such material in connection with the operation of his business. No compensation will be paid for the use of such material and Automobile En Direct shall have no obligation to publish or use it.

7- Consent to electronic communications

When you provide Automobile En Direct with your email address via the Services, you expressly consent that Automobile En Direct will keep your email address in its databases or that it may use such email address in its mailing list to communicate with you (i) to conduct surveys or reviews regarding the Services, including its functionality, usability, and your assessment of it (ii) to provide you with information and news about Automobile En Direct’s products and services; or (iii) for any other reason related to the Services or their security.

8- Hyperlinks

The Site or the Services may integrate hyperlinks to external Internet sites owned and operated by third parties (the “External Website”). You acknowledge that (i) Automobile En Direct has no control over External Websites and does not guarantee their content; and (ii) that you are entirely responsible for all risks arising from your use of External Websites, and this at the entire exemption of Automobile En Direct. For purpose of clarity, the inclusion of a hyperlink to an External Website should in no way be construed as an endorsement by Automobile En Direct of the content of this External Website or as signifying an association, an affiliation or any other type of partnership with its owner.

9- No warranty

The site, the Services and their content are provided to you ''as is'', without any warranty. To the fullest extent permissible pursuant to applicable law, Automobile En Direct disclaims all warranties, express or implied, including warranties as to non-infringement, accuracy, error-free operation or accuracy of their content.

10- Limitation of liability

You acknowledge and agree that you assume all risk arising out of your access to the Site or your use of the services whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Automobile En Direct, its affiliates, directors, employees, agents, licensors or successors and assigns shall not be liable for damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in contract or tort, or otherwise, arising directly or indirectly from your access to the Site or your use of the Services, including any damage caused by or resulting from a user's reliance on any information so obtained, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure.

11- Indemnification

By accessing the Site or using the Services, you agree to defend, indemnify and hold harmless Automobile En Direct, its subsidiaries and related entities, and their respective officers, agents, directors, employees, licensors and assigns, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including reasonable legal fees and disbursements) and amounts paid in settlement arising out of or otherwise relating to (i) your access to the Site or your use of the Services; (ii) your violation of the Terms of Use; or (iii) your violation of the rights of third parties. Automobile En Direct may assume the exclusive defence and control of any matter for which you have agreed to indemnify Automobile En Direct and you agree to assist and co-operate with Automobile En Direct in the defence or settlement of any dispute.

12- General

Interpretation. In these Terms of Use (i) the headings have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof; (ii) where appropriate, the singular number set forth herein shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates; (iii) “or” is used in the inclusive sense of “and/or”; and (iv) the terms “herein”, “hereof”, “hereto”, “herewith”, “hereunder”, “hereby” and other similar terms, when used in herein, generally refers to these Terms of Use as a whole rather than to a specific part thereof, unless otherwise indicated in the text.
Other Terms of Use. You acknowledge that you must comply with specific additional terms of use applicable to certain third-party programs, offers, promotions, content or software, which will be communicated to you when you access such third-party programs, offers, promotions, content or software.
Applicable Laws. These Terms of Use and the Privacy Policy are governed by the laws of the Province of Quebec and the laws of Canada applicable therein, excluding its conflict of law provisions. You acknowledge that any dispute relating to the interpretation or the application of these Terms of Use or the Privacy Policy shall be subject to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec.
Assignment. You may not assign or transfer these Terms of Use and the Privacy Policy or any other rights or obligations hereunder.
Renonciation. Automobile En Direct’s failure or delay in exercising any right, remedy, power or privilege in accordance with the Terms of Use shall not constitute a waiver of such right, remedy, power or privilege. To be valid, a waiver must be in writing and must be signed by Automobile En Direct. A written waiver of any default shall not be construed as a waiver of any other default or defect of the same nature that may occur in the future.
Invalidity or Unenforceability. Even if one or more provisions of these Terms of Use or the Privacy Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms of Use or the Privacy Policy, and these Terms of Use or the Privacy Policy shall be construed as if the invalid or unenforceable provision had never been part thereof.

13- Contact us

Automobile En Direct appreciates your comments, questions and feedback, which may be sent to [email protected].

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