Terms and Conditions
1.2 The Website is a medium for providing information and access to products and services of third parties related to automotive vehicles including new and used car loans.
2.1 In order to apply for any loan or other product or service via the Website you must be at least 18 years of age and a Canadian resident.
2.2 You must ensure that the details provided by you in your application or at any time thereafter are correct and complete and inform us immediately if there are any changes to those details. If any of the information provided has been falsified or misleading, the Company reserves the right to immediately reject your application.
3. Restrictions on Use
3.1 The Website is for your personal and non-commercial use only. As a condition of your use of the Website, you agree:
- (a) Not to use the Website for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
- (b) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website and shall be solely responsible for keeping your password and other account details confidential; and
- (c) Where our Website enables you to communicate with us, you may not use the Website to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Website into disrepute.
3.2 We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms or any applicable law.
4. Links and Third Party Material
4.1 Parts of the Website may contain material provided by third parties or service providers, advertisers or sponsoring organizations. Third parties and service providers, advertisers and sponsors are responsible for ensuring that all material submitted for inclusion on the Website complies with all relevant laws and codes. We will not be responsible if any such material is untrue, inaccurate, incomplete, and/or contains errors, and we disclaim all liability and responsibility arising from any reliance you place on such material.
4.2 Any material on the Website may be out of date at any given time and, while we attempt to keep material up-to-date, we are under no obligation to do so. Material on the Website may be subject to change at any time.
4.3 The Website contains links to other websites. When you activate any of these links, you will leave the Website and we accept no responsibility for the availability or content of any linked websites or for any loss or damage that may arise from your use of them. The links are provided for your convenience and any such link does not imply endorsement by us of a website or any association with the operators of a website.
4.4 You may hypertext link to the Website provided it does not imply or claim an association with Buyatoy.ca or any approval or endorsement on our part where none exists.
5. Intellectual Property Rights
5.1 All intellectual property rights in the Website and its content, including copyright, database rights, and trademarks (whether registered or unregistered), trade names and designs, are owned or licensed by the Company. You are permitted to print or download extracts from material on the Website for your personal use only provided you keep intact all or any copyright and proprietary notices. None of this material may be used for any commercial or public use.
5.2 No part of the Website or any material appearing on the Website may be modified, copied, distributed, reproduced, stored in or transmitted on any other website for commercial purposes without prior written permission of Buyatoy.ca and payment of any specified fee.
5.3 No license is granted to you in these Terms to use any trademark that the Company may possess.
6. Disclaimer & Exclusions of Liability
6.1 We do not guarantee that any loans or other products or services offered to you through the Website will meet your requirements. In connection with loans, our aim is to find you a competitive loan from a lender on our panel of lenders based on your application and relevant circumstances. We do not guarantee that any loan which is offered to you is at the cheapest rate and/or on the most favourable terms which are available in the market.
6.2 We do not warrant that your access to the Website will be uninterrupted, unrestricted, timely, secure and error-free (and we may suspend, restrict or terminate your access to the Website at any time), or that the Website and the server are free of computer viruses or other harmful applications. If a fault occurs in the service, you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
6.3 To the fullest extent allowed by applicable law but subject to conditions set out in sections 6.6 and 6.7 the Company hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and which are not expressly set out in these Terms and the Website is provided “as is”.
6.4 Any loan or other product or service which you obtain via the Website will be subject to the terms and conditions of the relevant product provider. Before proceeding with any loan or other product or service with the product provider, you should read its terms and conditions carefully and, where appropriate, take independent advice.
6.5 You agree not to bring any claim against us arising from your application for or use of any loan or other third party product or service via the Website. The Company will not be a party to any contract or arrangement under which you obtain any loan or other product or service from a third party directly or indirectly through the Website. Your sole recourse in respect of any performance, non-performance or delay in performance of the contract or arrangement by that third party will be against that third party. Subject to all liability of Buyatoy.ca, its officers, employees, agents, partners, and sub-contractors (howsoever arising) is excluded to the fullest extent permitted by law.
6.6 The maximum liability of the Company to you however arising in connection with that service (including, without limitation, in negligence) will not exceed the aggregate fees which we have received from you for that service.
6.7 Nothing in these Terms shall exclude the liability of the Company for personal injury or death caused by its negligence, or its liability for fraudulent misrepresentation or fraud or for any other liability which cannot be excluded or limited under applicable law.
6.8 You agree to indemnify and keep indemnified the Company from and against all losses, liabilities, costs (including legal costs) and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of any settlement agreed by us arising out of or in connection with: (a) Any breach by you of any of these Terms; or (b) Any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Website.
6.9 Reference to the Company in this section 6 includes its officers, employees, agents and sub-contractors.
6.10 We do not represent that the Website or the material on the Website is appropriate or available for use outside of Canada. If you choose to access the Website from any location outside Canada, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.
6.11 You hereby confirm that you wish to acquire a quote for an auto loan through a licensed financing company (the “Financer”) and authorize us to request such quote on your behalf. You understand that in obtaining this quote you are under no obligation to purchase the policy. You hereby consent to our release to and the Financer’s collection, use and disclosure of your personal information in order to:
- Understand your needs and analyze the suitability of the Financer and financial services for you;
- Determine your eligibility for any applicable or appropriate financing policies;
- Set up, manage and offer products and services that meet your needs and provide you with ongoing service; and
- Meet our legal and regulatory requirements as well as those of the Financer.
You hereby consent to (i) the disclosure of your personal information by us to the Financer and by the Financer to third party providers for the purpose of obtaining a quote, and (ii) the release of any financing quote from any provider received by the Financer to the Company for the purposes as outlined in these Terms.
7.1 If any provision in these Terms is found by any court or other body of competent jurisdiction to be wholly or partly invalid or unenforceable then that provision or part will be severed from these Terms and the remaining provisions will continue in full force and effect.
7.2 If you breach these Terms and we fail to act or delay in acting in respect of such breach, we will not waive our right to act in respect of any subsequent or similar breach.
7.3 We will not be responsible for any breach of these Terms or otherwise for any delay or failure in processing your application for any loan or other product or service where such breach, delay or failure is attributable to you and/or any third party or is otherwise caused by circumstances beyond our control.
7.4 Any agreement between us is made for the benefit of you and Buyatoy.ca and, except for section 6, is not intended to benefit, or be enforceable, by anyone else.
7.5 These Terms shall be governed by and construed in accordance with the laws of Ontario and those of Canada applicable therein, and you and Buy a Toy irrevocably submits to the exclusive jurisdiction of the appropriate court situated in Ontario, Canada in relation to all disputes arising out of or in connection with these Terms.
7.6 Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.