Terms of Service
Terms of Service
Last Updated: 2021-05-01
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY HAVE CHANGED FROM THE LAST TIME YOU VISITED THIS PAGE.
Carity Inc. (“Carity”, “We”, “Our”, or “Us”) operates an online platform, via mobile application(s) and/or website(s), that allows users to buy and sell vehicles (that online platform, the “Platform”; those users, each a “User” and collectively, the “Users”). By using the Platform, the user (“You” or “Your”) agrees to be bound by these terms of service, as amended from time to time (the “Terms”).
Please review these Terms carefully as they contain important information regarding Your legal rights, remedies and obligations, including limitation and exclusion clauses, in connection with the use of the Platform. By accessing, browsing, visiting, accepting, or otherwise using the Platform, You agree to be unconditionally bound by and to follow these Terms. In the event of any update to these Terms, Your continued use of the Platform after any such updates constitutes Your acceptance of the revised Terms.
“Affiliates” means, with respect to an entity, any person or entity that directly or indirectly owns, is owned by, or is under common ownership with that entity. For purposes of this definition, ownership means control of more than a 50% interest in an entity.
“Services” shall mean any products and services offered by Carity, through the Platform, in connection with the purchase and/or sale of vehicles, by the Third Party Providers or otherwise provided by Carity or its partners.
The use of the Platform and any products and services offered therein, including Third Party Products, shall be referred herein as “Services”.
- Use of the Platform. Subject to these Terms, You are permitted to use the Platform for personal and non-commercial use.
- Registration. In order to access and use certain parts, features and services made available through the Platform, You may be required to register and set up an account with Your email address and a password. You may also create an account using a third-party service (such as Facebook or Google) enabled through the Platform. By connecting to those third-party services, You give Us consent to access, store and use information provided by such third-party services in connection with Your account.
- Vehicle Information. We make every effort to ensure that information about each vehicle on the Platform is accurate and complete. However, We make no representation that such information is accurate or complete. If We become aware of any inaccurate or incomplete information, We may, at any time and at Our sole discretion, change the information without giving You any notice.
- Test Drives, Inspections, Deliveries, Pickups…etc. In connection with the purchase and/or sale of any vehicle through the Platform, there may be services supporting such purchaser and/or sale. To enable such services, We may collect certain information from You, including personal information. By submitting such information to Us, You consent to Us using such information to provide You the applicable services.
- Pricing and Offers. If You use the Platform to price Your vehicle for the purpose selling or trading-in the vehicle to Us, such prices are estimates only. An offer shall not be binding until We have had an opportunity to inspect Your vehicle and We have entered into a valid contract duly executed by the parties to the contract. All such sale or trade-in shall be in accordance with the terms of the duly executed contract. Any reference to “offer” or a similar language shall not be a binding offer unless a written contract containing such offer is duly executed by the parties to the contract.
- Vehicle Purchases. If You use the Platform to purchase a vehicle, such purchase shall not be considered complete until a written contract concerning Your purchase of the vehicle is duly executed by the parties to the contract. By purchasing a vehicle from Us, You agree to comply with all applicable laws and regulations in respect of vehicle purchases in Your jurisdiction, including any licensing and/or insurance requirements.
- Third Party Products. We may make available various products and services from third party service providers for Your convenience (those products and services, the “Third Party Products”; those service providers, the “Third Party Providers”). If You choose to purchase, subscribe or otherwise use any Third Party Products, You may be subject to additional terms and conditions that are required by the Third Party Providers. You acknowledge and agree that We do not own these Third Party Products and We merely facilitate the purchase, subscription or use of these Third Party Products. Except as provided in these Terms, You agree that We are not responsible for these Third Party Products and that You will work directly with the Third Party Providers with any issues arising with such Third Party Products.
- Security. You are responsible for maintaining the confidentiality of Your account and all information tied to Your account. You are fully responsible for all activities that occur under Your account. If You believe that Your account has been compromised, please contact Us immediately (see notice section below for contact details). We have the right, but not the obligation, to deactivate any account identified in such a notification. We are not liable for any loss or damage arising from any activities on Your account, whether or not compromised, and whether or not You communicated any suspicious activities in accordance with this section.
- Use of the Platform. Subject to these Terms, You are permitted to use the Platform for personal and non-commercial use.
- Ownership, License and Restrictions
- Limited License. You are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Platform in accordance with these Terms (the “License“).
- Restrictions on the License. You may not:
- remove any copyright, trademark or other proprietary notices from anywhere on the Platform;
- use the Platform for the purpose of creating a service that performs substantially the same functionality as the Platform;
- violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with the security of the Platform;
- download, republish, post, transmit, or distribute any portion of the Platform except as permitted by a functionality enabled on the Platform;
- link to, mirror, or frame any portion of the Platform without the express written permission of Carity;
- distribute viruses, worms, malicious code, or software intended to damage, overly burden, interfere with or alter the operations of the Platform or affect the devices of Users;
- use any program or script to download, copy, capture, scrape, index or otherwise obtain any portion of the Platform without the express written permission of Carity; or
- perform any actions that would unduly burden or hinder the operations of the Platform.
- Feedback. We appreciate feedback, comments and suggestions to improve the Platform or Our Services (the “Feedback”). Feedback may be submitted to firstname.lastname@example.org or as otherwise provided through the Platform. If You submit any Feedback, You grant Us a perpetual, royalty-free, irrevocable, transferable, unrestricted, and sub-licensable right and license to use the Feedback as We desire. You agree that We shall be free to use, disclose, reproduce, license or otherwise distribute and exploit the Feedback as We sees fit. You hereby waive all Your moral rights in the Feedback for the benefit of Carity and its Affiliates and the respective successors, assigns and licensee.
Use of the Platform and associated Services are subject to the following policies and terms. By using the Platform and the associated Services, You hereby acknowledge that You have reviewed the applicable policies and terms and that You agree to be abide by them:
- Financing. In connection with the purchase of a vehicle on the Platform, if You apply for financing, You acknowledge reviewing the Financing Application Terms and Conditions found at ● (the “Financing Terms”) and agree to be bound by them.
- Return Policy. Every car sold by Carity comes with a return guarantee. If You’d like to return a car You purchased from Carity, please review our return policy, which is found at https://carity.com/legal/return-policy (the “Return Policy”). All returns must conform to the Return Policy
- Peace of Mind Guarantee. Every car sold by Carity comes with a 90-day piece of mind guarantee. If you experience any issue with your car and need help addressing the issue, please review our peace of mind guarantee policy, which is found at https://carity.com/legal/pom-policy (the “POM Policy”). All claims under the guarantee must conform to the POM Policy.
- The License is effective until terminated by You or by Us. Your rights under this License will terminate automatically without notice from Us if You fail to comply with these Terms.
- Upon termination of the License,
- You may not use the Platform;
- You will no longer be subject to these Terms, except for Sections 1, 4, 7, 8 and 9, which shall continue to apply to You; and
- Disclaimer, Release and Indemnity
- Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOUR USE OF THE PLATFORM AND OUR SERVICES IS AT YOUR OWN RISK WITH NO WARRANTIES (INCLUDING IMPLIED, EXPRESS OR STATUTORY) WHATSOEVER. WE EXPRESSLY DISCLAIM ANY EXPRESS WARRANTIES AND CONDITIONS OF ANY KIND, AND ANY IMPLIED WARRANTIES (TO THE EXTENT PERMITTED BY LAW), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, STABILITY, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM AND OUR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
- Release. You hereby irrevocably and unconditionally release and forever discharge Carity Inc., its directors, officers, employees, agents and contractors from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any Third Party Service Providers.
- Indemnity. You agree to defend, indemnify and hold Us harmless from and against any claims, suits, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) resulting from or relating to: (i) Your use of the Platform; or (ii) Your violation of these Terms. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defence of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
- Limitation of Liabilities
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (OR OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND CONTRACTORS) BE LIABLE TO YOU FOR ANY: (i) LOST PROFIT, LOSS OF GOODWILL OR BUSINESS REVENUE; (ii) DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DEATH; (iii) INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES; or (IV) SERVICE INTERRUPTION, COMPUTER DAMAGE, LOSS OF DATA OR COST OF SUBSTITUTE SERVICES; ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, OUR SERVICES OR THIRD PARTY SERVICES, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH THIRD PARTY SERVICE PROVIDERS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
- IN THE EVENT THAT ANY LIABILITIES ARE NOT LIMITED BY SECTION 8(a), BUT TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL BE LIMITED TO THE LESSER OF: (i) FIFTY CANADIAN DOLLARS ($50.00), AND (ii) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY).
- If any part of these Terms is found to be unenforceable, then that provision will be severed from these Terms and not affect the validity or enforceability of the remaining terms.
- These Terms are the final, complete and exclusive agreement between You and Us and supersede all prior agreements between Us.
- We may give You notice by means of a general notice on the Platform, or by email tied to Your account. Such notice shall be deemed to have been received by You 24 hours after emailing or posting the notice. You may give notice to Us by sending an email to the email address listed in the “contact us” section, with a copy to email@example.com. Such notice shall be deemed to have been received Us 48 hours after the emailing.
- These Terms will be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles.
- If We don’t enforce a provision of these Terms, it will not be considered a waiver. You can’t transfer Your rights or obligations under these Terms without Our consent. The word “including” means including without limitation. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without Your consent.
- Contact Us:
2-100 Tesma Way, Building B
Concord, ON, L4K 0G9