Terms of Service
Last modified: November 19, 2021.
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You are responsible for and agree to periodically review the Terms in order to be aware of any such modifications in a timely manner. If you do not agree with any amendment and/or the updated Terms, then you may terminate your use or access to our Services. If you continue to use our Services after the effective date of the amendment, you will be deemed to have accepted and agreed to the amended version of the Terms. The features, information and material on this Website, and/or the Website itself (including its form and nature), may be changed, withdrawn, suspended or terminated at any time in our sole discretion without prior notice to you. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
2. Legal Capacity
You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms. If you are using the Services on behalf of a corporation or other organization, you represent and warrant that you are duly authorized to accept these Terms on behalf of such corporation and to bind such corporation to these Terms the corporation’s behalf and to bind the corporation. Any such references to “you” throughout these Terms will include such corporation, jointly and severally with you personally.
3. License Grant
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited, revocable license to use the Services for personal, non-commercial purposes only. You may make personal use of the information you access on the Services and you may print or download one copy of particular vehicle information for your limited personal, non-commercial use, provided that you do not alter the content and provided that all copyright and trademark notices are included. You may not otherwise copy or reproduce any material appearing on the Service. The framing, scraping, data-mining, extraction or collection of the Services, or any portion thereof, in any form and by any means whatsoever is strictly prohibited. You may not mirror any material contained on this Website or access the Services using any automated means (such as with spiders, crawlers, robots, bots or scrapers) except to the extent permitted by our robots.txt file. For greater certainty, we do not grant you or any other party any right, title or interest in the Services. All rights not expressly granted to you in these Terms are reserved by us.
4. Vehicle Content
The Vehicle Content is created by automotive dealerships (the “Dealerships”) and dealerships are entirely responsible for all aspects of the sale and Vehicle Content including, but not limited to, the images of the vehicle, the vehicle location, the vehicle options and description and the price. Vehicle Content is subject to change at the discretion of the Dealership. If particular vehicle features are especially important to you, you should confirm the availability of such feature with the Dealership. Do not rely solely on the Vehicle Content. We are not an agent, distributor, re-seller or broker acting for or on behalf of any Dealership and we are not otherwise responsible for the activities or policies of those Dealerships. The price displayed as part of the Vehicle Content is an estimate only and not a firm or guaranteed price. The actual price of the vehicle may vary depending on additional factors such as administrative fees, freight fees, taxes or other fees imposed by the Dealership. The Vehicle Content also lists an estimated monthly financing amount. This amount is an estimate and is made available to you for educational and planning purposes only. We do not guarantee that this will be the actual amount of your monthly financing, nor do we guarantee any particular interest or financing rates. You are solely responsible and liable for securing your own financing. VINN has no responsibility or liability whatsoever for the Vehicle Content or for any errors or omissions in the Vehicle Content. VINN does not independently verify or endorse the Vehicle Content. WE DISCLAIM ANY WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE VEHICLE CONTENT IS ACCURATE OR COMPLETE.
5. Filling out Forms on the Website
6. Use of the Services
Your use of the Services is subject to all applicable local, provincial, state and federal laws and regulations. The contents of the Services include, without limitation, all information, data, products, materials, Website, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Services includes all of the Contents. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not copy, reproduce, store, transmit, display, modify, duplicate, copy, sell, trade or resell the Contents or any of our products and Services for any purpose. You may not use, allow, or enable others to use the Services, or knowingly condone use of the Services by others, in any manner that is, attempts to, or is likely to:
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Website, or from advertising, linking, or becoming a supplier to us in connection with the Website;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- transmit, distribute, or upload Content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Website or the rights or use and enjoyment of the Website by any other user;
- advocate or encourage any illegal activity;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of us or any third party;
- violate the privacy of any individual, including users of the Website; or
- violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
These Terms will remain in full force and effect as long as you are a user of the Services. You may stop using the Services at any time. You do not need to inform us when you stop using the Services or any of its features. If we determine or believe you have breached any of these Terms, we may, acting in our sole and absolute discretion, suspend, restrict or revoke your right to use your Account or the Services, without notice to you. In the event your Account or access to the Services is terminated, you must immediately destroy any Contents in your possession and discontinue all use of the Services. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone violating these Terms. See Section 14 of these Terms for further information on termination.
7. Sales Via the Services
Our Services are offered as a marketplace that allows users to buy and sell vehicles in a variety of locations, and it is a place where potential buyers may obtain information about vehicles. The actual transaction is directly between the Dealership as the seller and you as the buyer. We are not a party to this transaction and, as such, you accept that have no responsibility or liability for any transaction between you and a third party through the Services, including any requirement to provide any sort of refund. In the event that there is a dispute between you and a third party related to a transaction through the Services, we may, in our sole discretion, choose to render assistance in resolving such dispute, but even if we choose to render such assistance, we do not warrant any particular outcome to such dispute for you or the third party.
8. Fees and Renewals
We may offer paid services from time to time. In the event you chose to purchase a paid service, you may be required to input certain financial information so that we may charge you a fee for any applicable Services which you have purchased.
9. Links to Third-Party Websites
Use of certain links on the Website will direct you away from the Website to third party websites, including Dealership websites. Such third party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. The third party links included on the Website are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or Services offered therein. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive Content. VINN disclaims any responsibility for any harm resulting from your use of external websites and webpages. These Terms constitute a legally binding agreement between you and us regarding your use of and access to the Website, but do not cover any agreement made between you and third parties through the Website, for which you agree we have no responsibility.
10. Privacy and Personal Information
For more information about our treatment and protection of personal information, please read our Privacy Statement at https://www.vinnauto.com/privacy. The Privacy Statement explains how we treat your personal information, and protects your privacy, when you use the Website or our Services. Questions or requests with respect to your personal information may be sent via email to firstname.lastname@example.org.
11. Intellectual Property Rights
a) Ownership of Intellectual Property Rights The Services, together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Website, including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof, is our exclusive property, including, as applicable our successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms gives you a right to use any of the Contents, our trade-marks or our other intellectual property. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Services to any party. No information or statement contained in these Terms or the Website shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of ours or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Website, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Website. You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without our express prior written consent of or the consent of its owner if we are not the owner. Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws. You may not create a link to the Website without our prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Website provided that such link is to the entry page of the Website and does not portray us or any of our activities or Services in a false, misleading, derogatory, or otherwise negative manner. The limited rights granted to you under these Terms may be revoked by VINN at any time for any reason whatsoever. b) Intellectual Property Infringement We take intellectual property rights, both our own and others, very seriously. If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the Contents or the Website infringes your intellectual property, please notify us using the following procedure: Please send a written notice of intellectual property infringement to: email@example.com In your written notice, please provide the following information:
- Identification of the intellectual property claimed to have been infringed;
- Identification of the Contents that you claim are infringing your intellectual property;
- Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ANY ITEMS FOUND OR ATTAINED THROUGH THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES, THE WEBSITE, THE VEHICLE CONTENT, THE USER CONTENT AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VINN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, SERVICES, CONTENTS USER CONTENT AND VEHICLE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SUITABILITY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER VINN NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, ADVERTISERS, SUCCESSORS OR ASSIGNS (collectively, the “VINN Parties”) MAKE ANY REPRESENTATION, WARRANTY, ENDORSEMENT OR GUARANTEE THAT:
- Your use of the Services will meet your requirements,
- Any third parties using the Website will follow these terms or otherwise behave in any particular way,
- Your use of the Services will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the Services, including the Vehicle Content, will be accurate, error-free, suitable for your purposes or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected or free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in these Terms. VINN makes no representations that the Services is appropriate or available for use in locations other than Canada. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Limitation Of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE VINN PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION (INCLUDING VEHICLE CONTENT) THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. The total aggregate liability of the VINN parties for any and all claims under the Terms is limited to the total amounts you paid to VINN in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of the VINN’s Parties in such province, state or jurisdiction will be limited to the furthest extent permitted by law.
We may suspend, revoke or terminate your access to and use of the Website and/or access to the Contents, features, functionality, products and Services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. We may at any time, terminate your use of the Services and/or Website if:
- you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
- we are required to do so by law (for example, where the provision of the Website to you is, or becomes, unlawful);
- the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Services to you;
- we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
- the provision of the Services to you by us is, in our opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
You agree to indemnify, defend, and hold harmless the VINN Parties and our successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating, directly or indirectly, to (a) your breach of these Terms, (b) your use of the Website, including but not limited to your User Content, any use of the Content, or (c) any reliance on, use of or decisions resulting from your use of the Vehicle Content. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request. You agree not to settle any matter without the prior written consent of VINN.
Waiver. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable. Entire Agreement. The Terms and Conditions and our Privacy Statement constitute the sole and entire agreement between you and VINN regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. Governing Law. The Services and these Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to the Services and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. Non-Solicitation. No e-mail address found on the Website may be harvested or otherwise used for purposes of solicitation.
To request our consent for any of the actions for which such consent is required under these Terms, please send an e-mail to firstname.lastname@example.org. We reserve the right to refuse any such requests at our sole discretion. All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to email@example.com.