Dealer Canada Inc. Website Terms And Conditions
Updated November 17, 2018 – Dealer Canada Inc is a registered Ontario Canada corporation providing the website (DealerCanada.com) to you as a free service, offering information about Canada car dealerships, car loans and services. Our website allows freelance blog writers to add their content and we are not responsible for the information added. If you do not agree to all our terms and policies, kindly refrain from using our website.
Dealer Canada Inc. and it’s owners are not dealers and do not offer loans and finance products.
You understand and agree that the submission of your contact information or application on Dealer Canada Inc. and on this website does not constitute pre-approval of an auto loan and is not an application for credit. You also understand that by visiting our auto loan website, we will not be held liable for incorrect or outdated information. Dealer Canada Inc. does not arrange for or facilitate credit or vehicle financing nor is it engaged in leasing or selling vehicles as we are not a dealer or a lender.
Dealer Canada Inc. is a online listing website, and not a dealer, not an auto loan lender, financial institution or publisher, of any services or other content offered or supplied by third parties that is accessed via the Site or otherwise through your use of our services. Dealer Canada Inc. does not have administrative or other control over such third party products and services, offers no warranties or representations, of these companies and accepts no responsibility or liability in respect of any 3rd party products or services, or a user’s use of them.
In any transactions or proposed transactions with third parties, including auto lenders for credit, motor vehicle dealerships and credit organizations who you have come in contact with through the use of the Site or our services, you agree that Dealer Canada Inc. is not the seller or provider of such. Your agreement to purchase any products or services from a third party or to otherwise enter into negotiations or transactions with a third party is solely between you and the third party, and not us. Under no circumstances will Dealer Canada Inc., website owners and staff be responsible or liable for any loss or damage of any kind incurred as a result of, or in connection with, any discussions, negotiations, correspondence, agreements or other business dealings by you with any third parties, including any dealers, credit organizations or advertisers found on or through the use of the website, and including payment for and delivery of related goods, products and services.
2. About the Website
2.1 The Website is a medium for providing information and access to products and services of third parties related to cars including new and used car loans.
2.2 Any Auto Finance 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 credit or auto finance or other product or service with the product provider, you should read its terms and conditions carefully and, where appropriate, take independent advice.
2.3 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 and, as Dealer Canada Inc. 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 Site, 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 and subject to all liability of Dealer Canada Inc., its officers, employees, agents and sub-contractors (howsoever arising) is excluded to the fullest extent permitted by law.
3.1 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.
3.2 You must ensure that the details provided by you in your application or at any time thereafter are correct and complete and inform us or the dealer immediately if there are any changes to those details.
4. Links and third party material
4.1 Parts of the website may contain material provided by third party product or service providers, advertisers or sponsoring organizations. Third party product and service providers, advertisers and sponsors are responsible for ensuring that all material submitted for inclusion on the Site 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, whilst we endeavor to keep material up to date, we are under no obligation to so. Material on the Site may be subject to change at any time.
4.3 The Website (DealerCanada.com) contains links to other websites. When you activate any of these links, you will leave the Site 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 Dealer Canada Inc. or any approval or endorsement on our part where none exists and that any link to the Website is removed immediately on the cancellation of your registration.
6. Disclaimer and Exclusions of liability
6.1 We do not guarantee that any loans or other products or services offered to you through the website or any dealer referred by us will meet your requirements. In connection with car loans, our aim is to put you in touch with dealers that will help find you a competitive loan from a lender on our panel of lenders based on your application and relevant circumstances. We or the referred dealership do not guarantee that any auto 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 Site 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 6.4 and 6.5 Dealer Canada Inc. 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 Site is provided “as is”.
6.4 Where you are obtaining any loan or other product or service from a third party through the website the following provisions will apply subject in each case to clause 6.5:
6.4.1 Dealer Canada Inc. does not accept any liability for either:
(a) any loss of income or revenue, loss of business or loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise even if foreseeable; or
(b) any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if foreseeable.
6.4.2 the maximum liability of Dealer Canada Inc. 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.
6.5 Nothing in these Terms shall exclude the liability of Dealer Canada Inc. 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.
6.6 You agree to indemnify and keep indemnified Dealer Canada Inc. and owners 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:
6.6.1 any breach by you of any of these Terms; or
6.6.2 any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Website.
6.7 Reference to Dealer Canada Inc. in this condition 6 includes its officers, employees, agents and sub-contractors.
6.8 We do not represent that the Website or the material on the website is appropriate or available for use outside Canada. If you choose to access the Site 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.
7. Data Protection
7.1. If you make an application, your details will be held on computer and used in a credit scoring or other automated decision-making process when assessing your application. An inquiry will be made with Credit Reference Agencies, who will record it so that it can be viewed by other Agency users. Your information may also be sent to a 3rd party for further loan options who may also search your record with the credit reference agencies. Your information will also be checked with fraud prevention agencies and if false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. Further details explaining how the information held by fraud prevention agencies may be used can be obtained by contacting us. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records. If you are a joint applicant or if you have told us of some other financial association with another person, you must be sure that you are entitled to:
Disclose information about your joint applicant and anyone referred to by you
Authorize Dealer Canada Inc. and participating dealers and lenders to search, link or record information at credit reference agencies about you and anyone referred to by you
7.2. You authorize us and participating dealerships to make all inquiries necessary to verify this information to enable us to consider this application. By agreeing to the terms and conditions when making your application, you are giving your consent for your information to be used by Dealer Canada Inc. for administrative, underwriting, marketing and revenue purposes. If you do not want your details to be used for marketing please email. Under the terms of the act you have the right to obtain a copy of the information held about you upon payment of the appropriate fee.
8.1 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.
8.2 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.
8.3 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.
8.4 Any agreement between us is made for the benefit of you and Dealer Canada Inc. and, except for condition 6, is not intended to benefit, or be enforceable, by anyone else.
8.5 These Terms shall be governed by and construed in accordance with the laws of Canada and each of you and Dealer Canada Inc.) irrevocably submits to the exclusive jurisdiction of the Canadian courts in relation to all disputes arising out of or in connection with these Terms.
8.6. Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.