Terms & Conditions of Use
Updated February 9, 2015
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS AND FORM AN AGREEMENT BETWEEN YOU AND DIGITAL AUTO VENTURES, A PARTNERSHIP BETWEEN METROLAND MEDIA GROUP LTD. AND TORONTO STAR NEWSPAPERS LIMITED EXISTING UNDER THE LAWS OF ONTARIO, AND ITS AFFILIATES (“DAV” or “WE”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, ACCESSING OR BROWSING ANY DAV PROPERTIES.
THESE TERMS AND CONDITIONS WERE LAST UPDATED ON: February 5, 2015.
Access and Use
By accessing, browsing or otherwise using any DAV website, digital property, mobile application and/or mobile enabled site (collectively, the “DAV Properties” and each a “DAV Property”) including without limitation wheels.ca and autocatch.com; or any products, content or service (collectively the “Services” and each a “Service”) available in or on a DAV Property, including Services offered on a payment basis (collectively “Paid Services” and each a “Paid Service”), you agree without limitation or qualification to be bound by these Terms and Conditions and such other terms and conditions, rules and policies which you may be directed to or are displayed in connection with the use of a DAV Property, Service or Paid Service, all as amended from time to time. If you have not read, or do not understand, or do not agree to these Terms and Conditions you may not use the DAV Properties, Services or Paid Services.
DAV reserves the right, in its sole discretion, to change the terms of any part of these Terms and Conditions, in whole or part, at any time. Except as otherwise provided in these Terms and Conditions, any change will be effective when notice of the change is posted on a DAV Property. We also reserve the right, in our sole discretion, to change the limits applicable to obtain free access to the Services. Please check back regularly for updates by checking the date of the last update above. Your continued use of any DAV Property, Service or Paid Service following the posting of amended Terms and Conditions will mean you accept those changes. We reserve the right to modify, suspend or discontinue the DAV Properties, Services, Paid Services or Content (as defined below) or any part of them from time to time without notice or liability for any reason whatsoever. We also reserve the right at any time to charge fees for access to all or portions of the DAV Properties, Services or Content. In such event, although your access to the applicable DAV Property, Service or Content may be restricted or denied, you will not be charged for access unless we obtain your prior agreement to pay such charges.
Restrictions on Use of Materials
The DAV Properties, Services, and Paid Services and all content made available thereon (“Content”) are the property of the DAV or its licensors and are protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws. Subject to your compliance with these Terms and Conditions, DAV grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the Content on your computer or other electronic access device for your own personal and non-commercial use as long as you do not alter or modify the Content and you maintain all copyright and other proprietary notices. All rights not expressly granted in the Content are reserved. Other than as explicitly set forth in these Terms and Conditions, nothing will be construed as granting any license or right to use any Content in any manner without the prior written consent of DAV or such third party that may own the Content displayed on the DAV Property, Service or Paid Service. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including without limitation by framing, caching or other similar means, without the prior written consent of the copyright owner of such Content.
All trademarks and trade names used, mentioned or displayed on the DAV Properties are trademarks or registered trademarks of DAV, its affiliated companies or of their respective owners. The display of trademarks or trade names on each of the DAV Properties does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
Registration, Disclosure of Information
In order to be able to post comments on the DAV Properties or to use certain of the Services and Paid Services made available on DAV Properties, you may be required to register. Should you choose to register, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the DAV Properties, and (b) all activities, subscriptions and purchases that occur under such password or account. Further, you agree to immediately notify DAV of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate or we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account and/or your access to the DAV Properties, Services and Paid Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
User Representations and Warranties
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction and to comply with these Terms and Conditions or, if you are a minor, your parent or legal guardian has read and agreed to these Terms and Conditions on your behalf; (ii) all information you provide to DAV is accurate and complete; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms and Conditions.
In cases where you have authorized a minor to use a DAV Property, Service or Paid Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of a DAV Property, Service or Paid Service; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas or portions of a DAV Property, Service or Paid Service may contain material that is inappropriate for minors.
User Conduct, Indemnification and License Granted
All information, data, text, software, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials created by users on any part of the DAV Properties, including but not limited to its “for sale” listings, comment forums and chat boards, ( “User Postings”) are the responsibility of the user creating the User Postings. DAV HAS NO RESPONSIBILITY FOR USER POSTINGS. However, DAV retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse, block or delete any User Postings for any reason whatsoever. DAV will not be liable to you or any third-party for any modification or discontinuance of your User Postings. DAV does not control the User Postings posted on DAV Properties and does not guarantee the accuracy, integrity or quality of such User Postings.
You acknowledge and agree that DAV may preserve User Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms and Conditions or to protect itself, its users and/or the public.
You hereby represent and warrant that you have all necessary rights in and to all User Postings you provide and that such User Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. Without limiting the generality of the foregoing, you agree not to:
- post, transmit, link to, upload or otherwise submit or distribute any User Postings that:
- infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
- contain any libelous, tortious or otherwise unlawful information;
- are inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful;
- denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
- depict violent or criminal acts, or seek to incite violence or crime;
- relate or pertain to any “hate group,” for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
- include a photograph of another person or personal information of another person or use that person’s correspondence, diaries or personal documents without that person’s consent;
- involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, “club membership”, distributorship or sales representative agency arrangement or other business opportunity;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
- could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity; or
- use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of a DAV Property, Service or Paid Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of such DAV Property, Service, Paid Service or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the DAV Property, Service or Paid Service without DAV’s express written consent.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF DAV, ITS PARTNERS, AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM OR RELATED TO ANY BREACH OF THESE TERMS AND CONDITIONS, YOUR ACCESS TO OR USE OF THE DAV PROPERTIES OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM THE DAV PROPERTIES, SERVICES OR PAID SERVICES. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
By contributing User Postings to the DAV Properties, you give (or warrant that the owner of such rights has expressly given) to DAV and its partners and affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to host, cache, store, use, copy, distribute, sell, re-sell, display, perform, publish, broadcast, transmit, modify, edit, reformat, translate, create derivative works from or otherwise exploit in any manner whatsoever, all or any portion of your User Postings for any purpose whatsoever in all formats, on or through any media or medium now known or hereafter developed and with any technology or devices now known or hereafter developed without any compensation to you. You also grant to DAV the right to sub-license and authorize others to exercise any of the rights granted to DAV under these Terms and Conditions; and each such third party will be entitled to benefit from the rights and licenses granted to DAV under these Terms and Conditions. You further authorize DAV to publish your User Postings in a searchable format that may be accessed by users of the DAV Properties and the Internet. Such license will apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all moral rights in such materials have been waived. You further agree that DAV is free to use any ideas, concepts, know-how, or techniques contained in any of the User Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.
If you have subscribed to a Paid Service your use of that Paid Service and related Content will be governed by the subscription terms applicable to that Paid Service, in addition to these Terms and Conditions. You agree that you will not share the Content you receive through the Paid Service with anyone except as explicitly permitted by the subscription terms applicable to that Paid Service. You will be required to register as described at the time of registration for a Paid Service, and you will be assigned an account for such Paid Service. You agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration for a Paid Service, and (b) all activities that occur under such password or account, including transactions, subscriptions and purchases effected and all applicable Paid Services fees, together with all applicable taxes, incurred through such account. Further, you agree to immediately notify DAV of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate or we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account and your access to the Paid Services.
Termination of Access
You agree that DAV, in its sole discretion, may suspend or terminate your password, account, or use of the DAV Properties, Services or Paid Services and remove and discard any User Postings at its convenience or for any reason, including without limitation if We believe you have violated or may violate these Terms and Conditions. You agree that any suspension and/or termination of your access to the DAV Properties, or use of the Services or Paid Services may be effected without prior notice and that the DAV will not be liable to you or to any other person as a result of any such suspension or termination.
Links to Third Party Sites
Users may, through the use of hypertext or other computer “links” on a DAV Property, Service or Paid Service, gain access to other sites on the Internet which are not part of the DAV Properties and which are not controlled by DAV. DAV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DAV of the site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures and to guard against viruses and other destructive elements and any collection, use and disclosure of your personal information through such site. DAV WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR THE ACCURACY, RELEVANCY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN ANY SITE LINKED FROM A DAV PROPERTY OR FOR ANY INFORMATION OR MATERIAL YOU PROVIDE TO ANY THIRD PARTY.
Unless otherwise indicated on a DAV Property, DAV is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of DAV.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, DAV IS PROVIDING THE DAV PROPERTIES, SERVICES AND PAID SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE DAV PROPERTIES, THE SERVICES OR PAID SERVICES, THEIR CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. DAV DOES NOT WARRANT THAT THE FUNCTION OF THE DAV PROPERTIES, SERVICES OR PAID SERVICES OR THEIR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DAV PROPERTIES, SERVICES OR PAID SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DAV BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY OTHER DAMAGES OF ANY KIND OR CHARACTER, EVEN IF DAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE ANY OF THE DAV PROPERTIES, SERVICES OR PAID SERVICES, THEIR CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED, OR ANY OTHER MATTER RELATING TO THE DAV PROPERTIES, SERVICES OR PAID SERVICES.
THE INTERNET MAY BE SUBJECT TO BREACHES OF SECURITY. WITHOUT LIMITING THE FOREGOING, DAV IS NOT RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S COMPUTER OR OTHER ELECTRONIC ACCESS DEVICE FROM ANY SUCH SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING THE DAV PROPERTIES OR DAV ANY INFORMATION OR POSTING INFORMATION TO THE DAV PROPERTIES.
You expressly acknowledge that We have relied on the disclaimers, limitations and exclusions of liability set out in these Terms and Conditions in making the DAV Properties, Services, Paid Services and Content available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and DAV.
Professional Information Disclaimer
Some of the DAV Properties may contain certain facts, opinions, views, statements, recommendations and information which may be provided by third parties including but not limited to third parties in professional fields such as medicine, law, engineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields ( “Professional Information”). Such information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, diagnosis or treatment. Use of any DAV Property does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that DAV does not provide you with or endorse any medical, health, tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including without limitation investment and financial planning decisions. You agree that DAV shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Professional Information.
Third Party Advertisements and Content
Third party advertisers and other third party content providers, including but not limited to merchants, sellers, service providers and providers of information, content and videos (each, and “Advertiser” and collectively, “Advertisers”) may offer goods, services, content, information and other materials to you on the DAV Properties. Your correspondence and business dealings with Advertisers including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. You agree that DAV will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, content, information and other materials on the DAV Properties.
Descriptions of, or references to, products, services, information or publications within the DAV Properties do not imply endorsement of that product, service, information or publication. Your dealings or communications through the DAV Properties with any party other than DAV are solely between you and that third party. Under no circumstances will the DAV Properties, or DAV, be liable for any goods, services, resources, information or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials, products, information, content or services provided by third parties should be forwarded directly to the third party.
Under no circumstances will DAV be liable for any loss or damage caused by an end user’s reliance on information obtained through DAV. It is the user’s responsibility to evaluate the accuracy, completeness, reliability or usefulness of any information, opinion, advice, etc., or other content available through the DAV Properties, the Services, any Advertisers, Third Party Sites or other third parties. DAV WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INFORMATION OR MATERIAL PROVIDED BY OR TO ANY THIRD PARTY.
You correspond and transact with third parties at your own risk. You and the appropriate third party, not DAV, are responsible for compliance with all laws applicable in any such transaction.
Use caution and common sense when using the DAV Properties, and when entering into correspondence or purchase or sale transactions with third parties. In particular, exercise great care when revealing personal information and when purchasing items listed for sale on the DAV Properties. DAV publishes “for sale” listings on the DAV Properties without verification or endorsement. DAV cannot guarantee that these listings are accurate, or that the persons submitting or responding to these listings are not acting under false pretenses. DAV has no responsibility or liability for any damages, losses, costs, expenses or injuries that you may incur in connection with items or services listed for sale by third parties on the DAV Properties.
Any software that is made available to view and/or download in connection with the DAV Properties, Services or Paid Services (“Software”), is owned or controlled by DAV and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by these Terms and Conditions and the terms of the end user license agreement, if any, which accompanies or is included with the Software. You agree that it is your responsibility to review and evaluate the Software and the related end user license agreement, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that DAV, to the maximum extent permitted by law, makes no warranties regarding the Software, and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
DAV would be happy to hear any ideas or suggestions related to the improvements or additions to the DAV Properties, Services or Paid Services. ALL SUCH IDEAS, SUGGESTIONS AND ANY OTHER IDEAS, SUGGESTIONS, MATERIALS OR CONTENT YOU SUBMIT OR PROVIDE TO DAV (COLLECTIVELY, “SUBMISSIONS”) WILL BE SUBJECT TO THESE TERMS AND CONDITIONS AND ANY DISCLOSURE OF SUCH SUBMISSIONS WILL NOT UNDER ANY CIRCUMSTANCES BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY PROVIDING A SUBMISSION YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU ARE REPRESENTING THAT THE SUBMISSION IS WHOLLY ORIGINAL TO YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMISSION AND THAT DAV IS FREE TO IMPLEMENT THE SUBMISSION AS PROVIDED OR AS MODIFIED BY DAV WITHOUT OBTAINING THE PERMISSION OR LICENSE OF ANY THIRD PARTY.
Jurisdiction and Governing Law
The DAV Properties, Services and Paid Services are controlled and operated by DAV. Its offices are located in Ontario, Canada. If you choose to access the DAV Properties from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the DAV Properties shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the DAV Properties or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
If any provision of these Terms and Conditions shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms and Conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of DAV. The section titles in these Terms and Conditions are for your convenience only and do not have any legal or contractual effect.
The failure of DAV to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of DAV, shall not be deemed a breach of these Terms and Conditions.
These Terms and Conditions, including all terms, policies, and guidelines referenced in these Terms and Conditions, together with any agreement governing your use of Paid Services, where applicable, is the entire agreement between you and DAV concerning the DAV Properties, Services and Paid Services. These Terms and Conditions supersede all prior agreements or communications between you and DAV regarding the subject matter of these Terms and Conditions.
The parties have required that these Terms and Conditions and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.