Motowizard Inc. is a corporation existing under the laws of the Province of Ontario (referred to in these terms and conditions as “Motowizard”, “us”, “we”, or “our,” as the context may require). We are a referral network connecting individuals with potential purchasers for their vehicles. You can read more about and use our services on our website, www.motowizard.ca (the “Website”). We have prepared the following terms and conditions to explain our mutual rights and responsibilities when you use the Website. Please read our terms and conditions carefully.
1.1. These terms and conditions (these “Terms”) govern your access and use of the Website. These Terms are subject to change by us without prior written notice to you, at any time, in our sole and absolute discretion.
1.2. BY ACCESSING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS.
1.3. YOU MAY NOT USE THE SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR (C) ARE PROHIBITED BY LAW FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR THE SERVICES.
1.4. By accepting these Terms, you also confirm that the personal data and information that you provide to us is correct and complete.
2.1. If you wish to sell your personal vehicle, you may request a sale price estimate (“Estimate”) on the Website by providing the required information about yourself, which may include information such as your name, email address, mailing address, and information about your vehicle, such as proof of ownership, its make, model and year of manufacture, the vehicle identification number, and photos and videos clearly depicting its condition.
2.2. We may choose not to provide an Estimate for your vehicle at our sole and absolute discretion. We may require a physical inspection of your vehicle, at a location of our choice and at your sole expense, prior to or after providing an Estimate. If we provide an Estimate for your vehicle, you agree that it is not an offer from Motowizard to buy your vehicle, and that there is no guarantee from us or the Purchaser (as defined hereafter) that the Purchaser (or any other person) will buy your vehicle for such amount or for a different amount. Unless we expressly state otherwise in our written communications to you or on the Website, we will assume that you have rejected the Estimate if you do not accept it within four (7) days.
2.3. If you accept the Estimate, we will forward your information to the Purchaser and the Purchaser, at its sole and absolute discretion, may choose to contact you with regards to potentially buying your vehicle. We reserve the right to not disclose the identity of the Purchaser in the event the Purchaser chooses to not contact you. The sale of your vehicle to the Purchaser is subject to, among other things, you and the Purchaser reaching mutually agreeable terms and conditions of the sale, including but not limited to the purchase price which may be lower than the Estimate. You hereby acknowledge that each sale using referrals from the Website is made exclusively between you and the applicable Purchaser.
2.4. For each Estimate we provide, we reserve the right to revoke or adjust the Estimate at any time and for any reason whatsoever including, without limitation, if a physical inspection of your vehicle indicates an appraisal value lower than the value used to determine the Estimate.
2.5. The ”Purchaser” is a motor vehicle dealer registered with the Ontario Motor Vehicle Industry Council and has indicated an interest to us in purchasing your vehicle. Unless expressly stated otherwise in a written communication from us, Motowizard is not the Purchaser.
2.6. If you have any questions regarding an Estimate, please contact us at firstname.lastname@example.org.
3.1. The terms and conditions of the payment of the purchase price and the delivery of your vehicle to the Purchaser are to be determined exclusively between you and the Purchaser. Motowizard is neither responsible for delivery nor liable for any shipping, handling or other charges.
3.2. If you have any questions with regards to payment or delivery, please contact the Purchaser.
4.1. By using the Website, you make the following representations and warranties to us: (a) you are the sole owner of and have good and marketable title to each vehicle for which you request an Estimate; (b) each vehicle you sell to a Purchaser referred to by the Website shall be free and clear of any and all liens, security interests, claims or other encumbrances when title thereto passes to the Purchaser; (c) the information you provide to us with respect to each vehicle for which you request an Estimate is accurate and complete in all respects; (d) you have the legal capacity to enter into and perform the obligations under these Terms and such entering into and performance does not conflict with or violate any applicable laws; (e) you are not a non-resident of Canada for the purposes of the Income Tax Act (Canada); and (f) you are neither a ”salesperson” nor a ”motor vehicle” dealer as defined in the Motor Vehicle Dealers Act (Ontario).
5.1. You agree to use our Website only for lawful purposes, and in a manner that does not infringe upon the rights of anyone else, or restrict or inhibit anyone else's use or enjoyment of the Website.
5.2. You are responsible for safeguarding the password and any other credentials (collectively, the “Security Credentials”) that you use to access the Website, or any part thereof, and you agree not to disclose your Security Credentials to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You must immediately notify us of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of anything to us, it is your responsibility to use a secure encrypted connection to communicate with the Website.
7.1. THE WEBSITE AND THE CONTENT THEREIN ARE PROVIDED ON AN ”AS IS” AND ”AS AVAILABLE BASIS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSES), WHETHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE PROVIDE NO WARRANTY OR REPRESENTATION WITH RESPECT TO ANY ESTIMATE, INCLUDING ITS REASONABLENESS OR THE ACCURACY OF THE UNDERLYING VALUATION.
7.2. YOUR USE OF THE WEBSITE INDICATES YOUR ACKNOWLEDGEMENT THAT YOU ARE NOT RELYING UPON ANY REPRSENTATION OF ANY KIND OR NATURE MADE BY US WITH RESPECT TO THE WEBSITE AND THE CONTENT THEREON AND THAT, IN FACT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS TO THE CONTRARY, NO SUCH REPRESENTATIONS WERE MADE.
7.3. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.1. [Except to the extent that we are the Purchaser, we]\[We] shall not be liable for any liability, loss, claim, damages, expense, or costs arising out of or in connection with any contract of sale entered into by you and the Purchaser. To the extent we are liable, our liability is limited to direct, actual damages. To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or exemplary damages however caused, and under any theory of liability arising out of or in connection with these Terms. This liability limitation shall include, but not be limited to, any lost profit, goodwill or business reputation, any loss of data, cost to procure substitute goods or services, or other tangible or intangible loss. You hereby understand and agree that these liability limits reflect the allocation of risk between the parties and are essential elements of the basis of the bargain, the absence of which would require substantially different economic terms.
8.2. The content provided on the Website is for informational purposes only, should not be relied upon by you and is in no way intended to be a substitute for a physical appraisal of your vehicle by a professional appraiser. Although we carefully review our information on the Website, we cannot and do not guarantee or take responsibility for the accuracy of the Website’s content, nor do we assume any liability for the content linked to our Website.
8.3. We are not responsible for any errors on the Website. We reserve the right to correct any obvious errors and to change or update the information on the Website accordingly at any time.
8.5. You acknowledge and agree that information you transmit to us may involve transmissions over various networks beyond our control, and therefore the security of the transmission may be compromised before it reaches us. We cannot and do not guarantee or warrant the confidentiality or security of the information you provide to us through this Website, email, or other electronic means of communications.
9.1. The Website and its original content, features, functionality and design elements are and will remain our exclusive property. Our intellectual property, such as, but not limited to, trademarks, company, trade and product names, images, design, logos, audio/video files, layout and information on products may not be used, reproduced, duplicated, copied, sold, resold, visited, modified, downloaded, broadcasted, transmitted, made available to the public, made derivative works thereof or otherwise exploited in any way without our prior written consent.
10.1. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent that such failure or delay is caused by, or results from, acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11.1. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, notwithstanding your domicile, residency or physical location, and without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
12.1. SUBJECT TO APPLICABLE CONSUMER PROTECTION LAWS, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS, AND INCLUDING DISPUTES REGARDING THE VALIDITY OF THIS SECTION 15 CONCERNING VENUE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
12.2. ARBITRATION WILL BE ADMINISTERED BY THE ADR CHAMBERS (CANADA)) IN ACCORDANCE WITH THEIR ARBITRATION RULES (THE “ADR RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION 15. THE PLACE OF ARBITRATION SHALL BE WITHIN THE CITY OF TORONTO.
12.3. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THESE TERMS IS VOID, VOIDABLE OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
13.1. You agree to indemnify, hold harmless, and defend us and our affiliates, subsidiaries, agents, successors, assigns, third party providers, licensors, and suppliers, and each of their respective officers, shareholders, agents, directors, employees, and representatives (individually and collectively, the “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to lawyers’ fees), incurred by or made against the Indemnified Parties arising out of or in connection with (i) your access and use (or anyone’s access and use of your accounts) of the Website or Third Party Content, or (ii) any breach or violation of these Terms by you or anyone using your account. You agree: (a) to fully cooperate at your expense as reasonably required by an Indemnified Party; (b) each Indemnified Party may, at its election, assume the defence and control of any matter for which it is indemnified hereunder; and (c) you shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
14.1. A failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Motowizard.
15.1. We reserve the right, in our sole and absolute discretion, to modify or discontinue, temporarily or permanently, the Website, or any part thereof, or the services provided thereon with or without notice, at any time. We may, at any time and for any reason, amend these Terms with or without notice by publishing the amended Terms on the Website. You are responsible for regularly reviewing the Terms, including, without limitation, by checking the “last updated” date indicated on this document. Your continued use of the Website after any such changes shall constitute your consent to be bound by such changes. Your only right with respect to any dissatisfaction with (1) these Terms, (2) any policy or practice of ours in operating the Website, or (3) any content or services available through the Website, is to stop using the Website. We reserve the right, in our sole and absolute discretion, at any time and from time to time, to disable or terminate your account, any user name, password, or other credentials for any reason, including any violation of these Terms.
16.1. If any provision in the Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17.1. You hereby agree that we may at any time assign, transfer or sub-contract or otherwise deal with our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign, transfer, sub-contract or otherwise deal with these Terms without our prior written consent. These Terms will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.