Last Updated: September 1, 2023

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the services, including our website (autopicktoronto.ca), content, features, and car pickup and consultation services (collectively, "Services") provided by AutoPick Toronto ("Company," "we," "us," or "our").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any other documentation referenced herein. If you do not agree to these Terms, you must not access or use our Services.

2. Intellectual Property Rights

Our Intellectual Property

The Services, including all content, features, and functionality, are owned by AutoPick Toronto, its licensors, or other providers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

Your Use of Our Intellectual Property

You must not:

• Modify copies of any materials from our Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.
• Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3. User Representations

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into these Terms.
• You are at least 18 years of age.
• You will not access the Services through automated or non-human means, except as specifically permitted.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

4. Services

AutoPick Toronto provides car selection assistance, inspection, consultation, database check, and vehicle delivery services in the Toronto area. The specific services available are described on our website and in any service agreements we may enter into with you.

Service Limitations

We strive to provide the highest quality services, but there are certain limitations to what we can offer:

• Our inspection services are designed to identify visible and common issues with vehicles, but we cannot guarantee the discovery of all potential problems.
• Database checks rely on information provided by third parties, which may not be complete or current.
• Car selection recommendations are based on information you provide and our professional opinion, but we cannot guarantee that a selected vehicle will meet all of your expectations.
• Vehicle delivery services are subject to scheduling availability and geographic limitations within the Greater Toronto Area.

5. Purchases and Payment

We offer various services for purchase through our website or in person. If you wish to purchase any product or service, you may be asked to supply certain information relevant to your purchase, including your name, address, phone number, email address, credit card information, and vehicle information.

Pricing

All prices for services are in Canadian Dollars (CAD) and are subject to change without notice. We reserve the right to modify or discontinue any service without notice at any time. We shall not be liable to you or any third party for any modification, price change, or discontinuance of any service.

Payment Methods

We accept the following payment methods:

• Major credit cards (Visa, MasterCard, American Express)
• Debit cards
• Electronic funds transfer
• Cash (for in-person services only)

All payments must be received in full before services are rendered, unless otherwise agreed upon in writing.

6. Cancellation Policy

You may cancel scheduled services by contacting us at least 48 hours before the scheduled service time. Cancellations made less than 48 hours before the scheduled service time may be subject to a cancellation fee of up to 50% of the service cost.

We reserve the right to cancel or reschedule services due to inclement weather, staff illness, or other unforeseen circumstances. In such cases, we will make every effort to notify you as soon as possible and reschedule at a convenient time or provide a full refund, at your option.

7. Refund Policy

Our refund policy varies by service type:

Inspection Services

Once an inspection has been performed, the service is considered complete and is not eligible for a refund. However, if you believe the inspection was not performed according to our standards, please contact us within 24 hours of receiving the inspection report.

Consultation Services

Consultation services are non-refundable once the consultation has begun.

Vehicle Search and Acquisition Services

Initial deposits for vehicle search services are non-refundable. If we are unable to locate a vehicle meeting your specified criteria within the agreed-upon timeframe, any additional fees paid beyond the initial deposit will be refunded.

Delivery Services

If we are unable to deliver a vehicle as scheduled due to our error, we will reschedule or refund the delivery fee at your option. Delivery fees are non-refundable if you are not available at the scheduled delivery time or if the delivery address provided is incorrect.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You agree not to:

• Systematically retrieve data or other content from the Services to create a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Engage in unauthorized framing of or linking to the Services.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use the Services in connection with any illegal activity.

9. User-Generated Content

Our Services may allow you to post, submit, publish, display, or transmit content such as reviews, comments, suggestions, and other materials ("User Content"). All User Content must comply with the Content Standards set out in these Terms.

Content Standards

User Content must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with all applicable laws and regulations.

User Content must not:

• Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any person.
• Violate the legal rights of others or contain any material that could give rise to civil or criminal liability under applicable laws.
• Be likely to deceive any person.
• Promote any illegal activity or advocate, promote, or assist any unlawful act.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales without our prior written consent.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

License to User Content

By posting User Content, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above.

10. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding personal information provided or collected through the Services.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Services. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

12. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

14. Dispute Resolution

Any legal action or proceeding relating to your access to, or use of, the Services or these Terms shall be instituted in the courts of the Province of Ontario, and you and AutoPick Toronto agree to submit to the personal jurisdiction of such courts.

15. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES MAY NOT BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• ANY CONTENT OBTAINED FROM THE SERVICES; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ANY EVENT, OUR MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

17. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the Services;
• Your breach of these Terms;
• Any breach of your representations and warranties set forth in these Terms;
• Your violation of the rights of a third party, including but not limited to intellectual property rights; or
• Any harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. Contact Us

If you have any questions about these Terms of Service, please contact us at:

AutoPick Toronto
123 Yonge Street, Suite 400
Toronto, ON M5C 1W4
Canada

Phone: (416) 555-0123
Email: [email protected]