Terms of Use

Last updated September 11, 2018

These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with https://tada.ca website (the “Service”) operated by Trillium Automobile Dealers Association (“TADA”, “us”, “we”, or “our”).

Please read these Terms of Use carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Subject to the terms herein, TADA may amend these Terms without notice at anytime by posting the amended Terms to the Service.

By accessing or using the Service you agree to be bound by these Terms, accept all legal consequences and acknowledge that these Terms will apply whenever you use or access the Service. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information (“Payment Information”).

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the Payment Information you supply to us is true, correct and complete.

By submitting Payment Information, you grant us the right to provide the Payment Information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service or error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Availability, Errors and Inaccuracies

In order to provide exceptional service and accuracy, we regularly update the products and services on the Service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable. TADA and its affiliates make no representations or warranties, express or implied, as to the accuracy, quality, completeness, or availability of the Service or any products or services listed thereon.

We may experience delays in updating information on the Service and in our advertising on other websites.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Promotions may be available for a limited time.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless terminated by you or TADA. You may cancel your Subscription renewal either through your online account management page or by contacting TADA’s customer support team.

Payment Information is required to process the payment for your Subscription. You shall provide TADA with accurate and complete Payment Information. By submitting Payment Information, you authorize TADA to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

TADA, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

TADA will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by TADA on a case-by-case basis and granted in sole discretion of TADA.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us a non-exclusive, world-wide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, collect, reproduce, distribute, store and prepare derivative works of your Content. You agree not to assert any rights against TADA for its use of Content uploaded or posted by you to the Service.. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated Content on the Service, we are not undertaking any obligation or liability relating to any Content on, or activities conducted by users of, the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are solely responsible for any use and misuse of your account and for all activities that occur through the use of your account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. TADA is not responsible for any losses or damages incurred as a result of the disclosure of your password or account information to a third party.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics and code, are the property of TADA and are protected by copyright, trademarks, database and other intellectual property rights. TADA grants you a limited license to access and use the Service and its contents as contemplated by these Terms and the policies posted by TADA thereon. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with TADA. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of TADA or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. Any unauthorized use, which may be determined in the sole discretion of TADA, terminates the permission and license granted by TADA hereunder.

Links to Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by TADA.

TADA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. TADA makes no representation about any other web sites that may be access through the Service. You further acknowledge and agree that TADA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Those provisions within these Terms that, by their nature, are intended to survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Privacy

You hereby acknowledge and agree that TADA shall be permitted to use your “personal information” (as such term is defined in the Personal Information Protection and Electronic Documents Act (Canada)) as set forth in the TADA privacy policy posted on tada.ca. You hereby acknowledge that you have read the TADA privacy policy, the terms of which appear on tada.ca and are incorporated into these Terms, and you hereby agree that the terms of that policy are reasonable. You hereby consent to the collection, use and disclosure of your personal information by TADA in accordance with the terms of and for the purposes set out in the TADA privacy policy.

Indemnification

You agree to indemnify, defend and hold harmless TADA, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims (including third party claims), losses, damages, losses, obligations, costs, actions or demands resulting from your use of the Service. This includes, but is not limited to, damages resulting from any negligent or illegal conduct by you, any person or entity accessing the Service using your account, whether such access is obtained via fraudulent or illegal means or otherwise.

Limitation Of Liability

None of TADA, its directors, employees, partners, agents, suppliers, nor its affiliates, shall be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

TADA makes no guarantees, representations or warranties of any kind about the Service , its associated technology or the products or services listed thereon. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service and purchase of any products or services through the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial laws shall apply to the extent necessary. You hereby release TADA, its affiliates, and each of their directors, officers, agents, representatives and employees from all claims and demands for damages or other relief, monies, losses, indemnity, costs, interests or injuries, knowns or unknown, actual or contingent, which you may have arising out of your use or reliance upon the Service or which you may have arising out of your purchase of any product or service through the Service.

TADA, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. TO THE FULLEST EXTENT PROVIDED BY LAW, TADA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICE OR FROM YOUR DOWNLOADING OF ANY MATERIAL OR CONTENT POSTED ON THE SERVICE, OR ON ANY WEBSITE LINKED TO IT.

No Waiver

No waiver of any condition or other provision, in whole or in part, by TADA shall constitute a waiver of any other condition or provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.  No waiver of any condition or provision of these Terms by TADA will be effective unless it is in writing and signed by the parties. Assignment

You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of TADA, and any such attempted assignment with be void and unenforceable. TADA may assign any or all of its rights hereunder to any party without your consent.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Relationship of Parties

The relationship between you and TADA is solely that of independent parties, and nothing in these Terms shall cause either party to be considered an agent, employee, joint venturer or legal representative of the other party. These Terms does not grant either party any authority to bind or commit the other party in any manner or for any purpose whatsoever. These Terms creates no joint venture, partnership or principal/agent relationship between the parties.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms, please contact us.