Auto Credit Deals
General Terms of Service
Last Updated November 20, 2021
PLEASE CAREFULLY READ THESE GENERAL TERMS OF SERVICE BEFORE REGISTERING FOR AN ACD ACCOUNT OR APPLYING OR SUBMITTING AN ORDER FOR AN ACD PRODUCT OR SERVICE. THESE TERMS AND CONDITIONS ARE A BINDING CONTRACT THAT GOVERNS USE OF ACD’S PRODUCTS AND SERVICES, EXEMPTS ACD AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.
BY REGISTERING FOR AN ACD ACCOUNT OR APPLYING OR SUBMITTING AN ORDER FOR AN ACD PRODUCT OR SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE GENERAL TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF SERVICE, THEN YOU MAY NOT REGISTER FOR AN ACD ACCOUNT OR APPLY OR SUBMIT AN ORDER FOR AN ACD PRODUCT OR SERVICE.
Auto Credit Deals (“ACD”) operates the website www.autocreditdeals.ca (the “Website”) that advertises or accepts orders for various products and services, such as assistance finding a car dealer or a lender, and memberships in designated programs (collectively “Products and Services” and each a “Product” or “Service”, as applicable) provided by ACD.
These Terms are a binding agreement between you (on the one hand) and ACD (on the other hand) regarding your registration for an ACD account (an “Account”), your applications or orders for Products and Services and your use of each Product or Service. By registering for an Account or applying or submitting an order for a Product or Service, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms. If you do not unconditionally accept and agree to these Terms, then you may not register for an Account or apply or submit an order for a Product or Service.
ACD in its discretion may change these Terms at any time and from time to time, without any prior notice, by posting the changed Terms on the Website. The changed Terms are effective immediately on posting on the Website, unless the changed Terms expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms and review any changes since the previous version. You may not change these Terms in any manner.
By submitting an application or order for a Product or Service, or continuing to use your ACD account, after these Terms have been changed by a ACD, you signify your unconditional acceptance and agreement to be bound by the changed Terms.
Products and Services may be ordered and used only by individuals (natural persons) who are located in Canada, are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. Products and Services may not be ordered or used by individuals who are located outside Canada.
You may not apply to register for an Account or submit an application or order for a Product or Service if you are not eligible to use the Product or Service as set out above, if you are prohibited by applicable law from using the Product or Service, if you do not accept and agree to these Terms and all applicable Additional Terms and Conditions, if you have breached these Terms or any applicable Additional Terms and Conditions or if ACD has prohibited you from applying for or ordering Products and Services.
Notwithstanding the foregoing or any other provision of these Terms, ACD reserves the right in its discretion and for its sole convenience to refuse to accept applications or orders for Products or Services from you or any other person.
You may use Products and Services for your own lawful, personal use for non-commercial purposes only and subject to these Terms, all applicable Additional Terms and Conditions and all applicable laws. Use of a Product or Service for any other purpose or in any other manner is strictly prohibited.
Your use of an Account may require use of a valid username and password (collectively “Credentials”) that comply with applicable technical requirements and policies established by ACD.
You may have only one (1) Account. Your Account and Credentials are personal to you and may not be shared with any other person. You may not create an Account for anyone else. You are fully responsible and liable for maintaining the confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for all resulting loss, damage and liability. You may not disclose your Credentials to any other person or permit any other person to use your Account or Credentials.
You will immediately notify ACD Customer Care by email to [email protected] if there has been any unauthorized use of your Account or if you know or suspect that your Credentials have become known to or used by any other person.
ACD may act on any communication given through your Account or using your Credentials. ACD is not under any obligation to verify the actual identity or authority of any person using your Account or Credentials, but ACD in its discretion may at any time require verification of the identity of any person seeking to access your Account and may deny access to and use of your Account and any or all Services if ACD is not satisfied with the verification.
ACD in its discretion may cancel or suspend your Account or reject, revoke or require that you change or renew your Credentials at any time (including if your Account is inactive) without notice or liability to you or any other person. If your Account is suspended, cancelled or terminated by ACD, then you may not create another Account without ACD’s express prior written consent.
To register for an Account or to apply or submit an order for a Product or Service, you may be required to provide certain information about yourself (including your legal name, contact information and payment information) and give certain authorizations or instructions. You will ensure that all information you provide to ACD is true, accurate, current and complete, and you will update that information from time to time so that it remains true, accurate, current and complete.
ACD will rely on the information that you provide. ACD is not obligated to verify the truth, accuracy, currency or completeness of any information you provide, but ACD may do so in its discretion, and you hereby consent to ACD making reasonable inquiries and investigations that it considers appropriate to verify the information you provide.
You are and will remain solely responsible and liable for all loss, damage and liability (including additional costs) that you, ACD or any other person may incur as a result of your submission of any false, incorrect or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under this section 7.
If ACD refers you to an independent business (e.g. a car dealer, lender or credit card company) for a proposed transaction (e.g. a car purchase, loan or credit card), then: (a) the independent business may request a credit report(s) or bank account information for any legitimate purpose associated with the proposed transaction; and (b) ACD may collect from that independent business information regarding the transaction to update your confidential profile for use by all ACD Companies.
(a) Misprints/Errors: ACD endeavours to provide current and accurate information on the Website and in communications relating to your applications and orders for Products and Services, but misprints, errors, inaccuracies, omissions (including incorrect specifications for Products and Services) and other errors may sometimes occur. ACD reserves the right to correct any misprint, error, inaccuracy or omission at any time without prior notice or liability to you or any other person, and to change at any time Products and Services advertised on the Website, the prices, fees, charges and specifications of those Products and Services, any promotional offers and any other Website content, all without any notice or liability to you or any other person. If you submit an order for a Product or Service for which incorrect information was displayed on the Website, ACD will provide you with a reasonable opportunity to cancel your order.
(b) Availability: Products and Services advertised on the Website may not be available when ordered or at any later time. If you order a Product or Service that is not available, ACD will notify you by email or text message. ACD reserves the right in their discretion to refuse or cancel any order you submit and to limit quantities available for sale or sold.
(c) Orders: The advertisements on the Website are invitations to make offers to purchase and are not offers to sell. Your properly completed and delivered application or order constitutes your offer to purchase the Products and Services referenced in the application or order. Your application or order will be deemed accepted by ACD when ACD confirms that your application or order has been accepted.
You are solely responsible and liable for obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage, all equipment (including compatible computing devices), software (e.g. Internet browser and PDF reader software) and services (including Internet access and mobile data services) necessary for your use of your Account, Products and Services. ACD is not obligated to provide technical support, but may do so in their discretion. Your use of that technical support is governed by these Terms.
For greater certainty, electronic communications (including text messages) that you send to or receive from ACD may be subject to standard message and data rates charged by your service providers, and you are solely responsible and liable for payment of those charges.
ACD is not obliged to monitor your use of your Account, but reserve the right to do so in discretion (including for the purposes of administering the Account and providing Products and Services, quality assurance and training, verifying compliance with these Terms and compliance with applicable laws) without notice or liability to you or any other person.
If you give feedback (including ideas or suggestions for enhancements or improvements) about the Website or a Product or Service to ACD, then ACD and its licensors may use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person.
You authorize ACD to: (a) accept communications it receives from you by means of your Account or by email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to its service providers and to any other ACD Company; and (c) respond to your communications through your Account, the Website, by email or other means of communication.
Communications you send to ACD are not effective unless and until they are actually received and processed by ACD’s responsible representative. ACD may refuse to process any communications that you send to ACD, or may reverse the processing of any communications that you send to ACD, at any time in its discretion, and without notice or liability to you or any other person, if ACD believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
Copyright © 2021. ACD. All Rights Reserved. Products and Services, the technologies and data used to provide Products and Services and all related proprietary rights (including copyright) are owned solely by the ACD Companies and their licensors and are protected by Canadian and international intellectual property laws. Your purchase or use of a Product or Service does not transfer to you any right, title or interest in, to or associated with the Product and Service or any related technologies and data or any related intellectual property rights.
ACD may provide a referral to an independent business, such as a car dealer, lender or credit card provider (each a “Referred Business”), and the Website and communications from ACD may include advertisements for products or services (including vehicles, vehicle loans or other financing, extended vehicle warranties, insurance, roadside assistance services, personal loans, credit building services and credit cards) offered by a Referred Business (each a “Referred Product/Service”). Those referrals and advertisements do not guarantee that a Referred Product/Service will be offered or available to you as indicated or at all, or that you will qualify to purchase or receive a Referred Product/Service. The availability of a Referred Product/Service is within the discretion of the relevant Referred Business (not ACD) and will be subject to the terms and conditions specified by the Referred Business (not by ACD). Referred Businesses are independent from ACD, and ACD is not responsible or liable for, any Referred Business or any Referred Product/Service. Each Referred Business will provide its Referred Products/Services subject to a separate agreement between you and the Referred Business, and ACD is not a party to that agreement or any related transaction between you and the Referred Business. Your dealings with Referred Businesses and your use of a Referred Product/ Service are at your own risk, and you will not make any claim against ACD arising from, connected with, or relating to your dealings with a Referred Business or any Referred Product/Service.
For your convenience, the Website and communications sent by ACD may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from ACD, and ACD does not endorse, and have responsibility or liability for any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against ACD arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
GENERAL DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS AND SERVICES ARE MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY EACH ACD COMPANY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF ANY ACD COMPANY.
DISCLAIMER FOR LINKED SITES, REFERRED BUSINESSES AND REFERRED PRODUCTS/SERVICES: WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES, REFERRED BUSINESSES AND REFERRED PRODUCTS/SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND USE LINKED SITES, REFERRED BUSINESSES, AND REFERRED PRODUCTS/SERVICES AT YOUR OWN RISK. ACD DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING ANY LINKED SITE, REFERRED BUSINESS OR REFERRED PRODUCT/SERVICE. ACD GROUPIS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE, REFERRED BUSINESS OR REFERRED PRODUCT/SERVICE.
TECHNOLOGY DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, THE WEBSITE, PRODUCTS AND SERVICES MAY BE AFFECTED BY NUMEROUS CIRCUMSTANCES BEYOND ACD GROUP’S CONTROL, AND MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. THE WEBSITE, PRODUCTS AND SERVICES MAY ALSO BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ACD GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM THOSE CIRCUMSTANCES, LIMITATIONS, DELAYS OR OTHER PROBLEMS.
LIABILITY EXCLUSION: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ACD GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, ANY PRODUCT OR SERVICE OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF ACD GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY AND EVEN IF ACD GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.
INDEMNITY: YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS ACD GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF A PRODUCT OR SERVICE OR YOUR NEGLIGENCE, MISCONDUCT OR BREACH OF THESE TERMS. NOTWITHSTANDING THE FOREGOING, ACD GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.
DEFINITION: IN THESE TERMS, “ACD COMPANIES” MEANS COLLECTIVELY ACD, ITS CORPORATE AFFILIATES, ITS CORPORATE SUBSIDIARIES AND PARENT COMPANY (EACH OF THE ACD COMPANIES IS A “ACD COMPANY’). “ACD GROUP” MEANS EACH ACD COMPANY AND EACH OF ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
RESERVATION: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES AND REMEDIES, AND SO THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT APPLY TO YOU.
ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK SET OUT IN THESE TERMS IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND ACD AND AN INDUCEMENT TO ACD TO PROVIDE YOU WITH PRODUCTS AND SERVICES.
These Terms as they apply to you will continue in full force and effect unless and until you cease using all Products and Services, and in those circumstances these Terms will continue to apply and be binding regarding your access to and use of Products and Services before termination and all related matters (including any related dispute).
The termination of these Terms will not terminate any other agreement between you and ACD or any other person (including a Referred Business).
These Terms, Products, Services and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.
Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms, Products, Services or any related matter will be referred to and finally resolved by binding arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one. The place of arbitration will be Vancouver, British Columbia. The language of the arbitration will be the English language. If ICDR Canada is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act (British Columbia).
Notwithstanding the foregoing, any ACD Company may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms or to protect the ACD Company’s rights and interests.
You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
Miscellaneous: These Terms are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms are for the benefit of ACD Group. No consent or waiver by ACD to or of any breach of these Terms by you will be effective unless in writing and signed by the ACD or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of ACD Group under these Terms are cumulative and not exhaustive or exclusive of any other rights or remedies to which ACD Group may be lawfully entitled under these Terms or at law, and ACD Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms or any of your rights and obligations under these Terms without the express prior written consent of ACD, which consent may be withheld in ACD’s discretion. Each ACD Company may, without your consent, assign its rights and obligations under these Terms. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms would fail in their essential purpose.
Notices: ACD may deliver notices to you by email or postal mail to any of the addresses that you provide to ACD (including when you register for an Account or when you apply or submit an order for a Product or Service). You are solely responsible for ensuring that your email and postal addresses on file with ACD are and remain current and correct, and you will promptly give notice to ACD of any change to your email or postal addresses.
Force Majeure: Notwithstanding any other provision of these Terms, ACD will not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms to the extent performance is delayed or prevented due to any cause or causes that are beyond ACD’s control, any delay or failure of that kind will not be deemed to be a breach of these Terms by ACD, and the time for ACD’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.
Interpretation: In these Terms: (a) a reference to “Terms” refers to these General Terms of Service as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.
Testimonials: Testimonial advertisements used by ACD reflect personal experiences of those who have used our products and/or services in some way or another, however the customer details have been changed to protect our customer’s identity. Results do vary and the testimonials are not necessarily representative of all of those who will use our products and/or services.
If you have any questions or comments regarding these Terms, please contact ACD’s customer care at [email protected].
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT REGISTER FOR AN ACCOUNT OR APPLY OR SUBMIT ORDERS FOR ANY PRODUCT OR SERVICE.