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Last Updated: November 7, 2017
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE 401 AUTO FINANCING WEBSITE. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE 401 AUTO FINANCING WEBSITE, EXEMPTS 401 AUTO FINANCING AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS. BY USING THE 401 AUTO FINANCING WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE 401 AUTO FINANCING WEBSITE.
These Terms of Use are a binding agreement between you and 401 Auto Financing regarding your access to and use of the 401 Auto Financing website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website. In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
401 Auto Financing in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately on posting on the Website unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by 401 Auto Financing, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
The Website may be 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. The Website may not be used by individuals who are located outside Canada. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by 401 Auto Financing.
By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of 401 Auto Financing as explained in the 401 Auto Financing Privacy Policy (www.401auto.ca/privacy-policy), as revised from time to time, and as otherwise permitted by applicable law.
Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.
You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by 401 Auto Financing; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of 401 Auto Financing or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
Copyright © 2017. 401 Auto RV Canada Inc. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by 401 Auto Financing and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
401 Auto Financing, the 401 Auto Financing logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by 401 Auto Financing. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
GENERAL DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS 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 401 AUTO FINANCING 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 401 AUTO FINANCING. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL 401 AUTO FINANCING 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, THE WEBSITE 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 401 AUTO FINANCING, 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 401 AUTO FINANCING KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). 401 Auto Financing in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of 401 Auto Financing, all without notice or liability to you or any other person.
If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
401 Auto Financing has its head offices in Cambridge, Ontario – Canada. These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of Ontario, 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.
If you have any questions or comments regarding these Terms of Use, please contact 401 Auto Financings’ customer service at: contact@401auto.ca
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE WEBSITE.
Last Updated: November 7, 2017
This privacy policy discloses the privacy practices for 401 Auto Financing. 401 Auto Financing promotes the use of fair information practices. Because 401 Auto Financing is committed to your privacy, we have agreed to disclose our information practices.
401 Auto Financing is the sole owner of the information collected on this site. 401 Auto Financing will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. 401 Auto Financing collects information from our users at several different points on the website, over email and telephone.
By providing 401 Auto Financing with your personal information, you consent to the collection, use, disclosure and retention of that information by 401 Auto Financing in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to 401 Auto Financing. This may prevent you from proceeding with your intended interactions or transactions with 401 Auto Financing or otherwise receive the full benefit of 401 Auto Financing products and services.
In this Privacy Policy, “personal information” means information about an identifiable individual, such as an individual’s name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.
(a) Information You Provide
You may be asked to voluntarily give your personal information to 401 Auto Financing during various interactions, including when you submit a finance application, subscribe to a newsletter, register to receive information, or register for a product or service offered by 401 Auto Financing or use a product or service provided by 401 Auto Financing. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with 401 Auto Financing or otherwise receive the full benefit of the desired product or service.
(b) Automated Collection
401 Auto Financing may automatically collect certain information regarding your use of the 401 Auto Financing website or online service, such as the dates and times that you access the website or online service, the browsers, operating systems, software and devices that you use to access the website or online service and details of your use of the website or online service. The 401 Auto Financing website, online services, email messages and advertisements may use technologies (e.g. cookies, web beacons, tokens, pixels or tags) to collect information that assists 401 Auto Financing to improve its products, services, customer communications and advertising and to prevent fraud. 401 Auto Financing may use information that it collects through technological means to recognize you as a user of the 401 Auto Financing website or online services, to facilitate and improve your use of the 401 Auto Financing website or online services, to confirm that messages have been delivered to and opened by you and to provide you with targeted advertisements. You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of a website or online service.
(c) Credit Reports
When you apply or register for, order or use certain products or services from 401 Auto Financing, 401 Auto Financing may obtain your credit score and related information from a credit reporting agency to process or fulfil the transaction, and 401 Auto Financing may also use the credit score and related information to update your confidential profile for use by 401 Auto Financing as set out in this Privacy Policy. Upon your request, we will inform you if we have ordered such a report, and will give you the name and address of the credit reporting agency that furnished the report.
If a 401 Auto RV Canada Company 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 for any legitimate purpose associated with the proposed transaction; and (b) the 401 Auto RV Canada Company may collect from that independent business information regarding the transaction to update your confidential profile for use by all 401 Auto RV Canada.
401 Auto Financing uses your personal information collected for purposes relating to or arising from your relationship and transactions with 401 Auto Financing and as otherwise set out in this Privacy Policy or permitted by applicable law, including:
401 Auto Financing may process, store and use your personal information at facilities located in Canada.
401 Auto Financing retains your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with 401 Auto Financing’s legal obligations and permitted by applicable law. 401 Auto Financing will delete or dispose of your personal information when 401 Auto Financing is no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Policy.
401 Auto Financing uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in 401 Auto Financing’s possession or under 401 Auto Financing’s control to help protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. Nevertheless, security risks cannot be eliminated and 401 Auto Financing cannot guarantee that your personal information will not be used, disclosed or deleted in ways not otherwise described in this Privacy Policy.
401 Auto Financing will rely on you to ensure that your personal information that you provide to 401 Auto Financing is as accurate, complete and up to date as necessary for the purposes for which 401 Auto Financing uses the personal information. You should promptly notify 401 Auto Financing of any changes to your personal information by contacting 401 Auto Financing customer service. You may reasonably request access to your personal information collected by 401 Auto Financing and information about 401 Auto Financing’s use, disclosure and retention of that personal information by submitting a written request to 401 Auto Financing’s Operations Manager using the contact information noted below.
Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information revised as appropriate. You may be required to pay a reasonable fee for access to your personal information. 401 Auto Financing may decline to process a request that is unreasonably repetitive, frivolous, or impracticable, that infringes or jeopardizes the privacy of other persons, or for other reasons permitted by applicable law.
401 Auto Financing creates and collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. 401 Auto Financing may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then 401 Auto Financing will treat the combined nonpersonal information as personal information for the purposes of this Privacy Policy for as long as the nonpersonal information is combined.
(a) Disclaimers, Liability Exclusions/Limitations and Disputes:
The agreements (including any subscription agreement, or terms of service or use) that you accept when you apply, register for, order or use 401 Auto Financing’s products or services contain important provisions, including provisions disclaiming, limiting or excluding the liability of 401 Auto Financing and other persons (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or 401 Auto Financing’s collection, use, disclosure and retention of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.
(b) Changes to this Policy:
401 Auto Financing may change this Privacy Policy from time to time by posting a new version of this
Privacy Policy on the 401 Auto Financing website. 401 Auto Financing’s collection, use, disclosure
and retention of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with 401 Auto Financing after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.
(c) Contacting 401 Auto Financing’s Operations Manager:
If you have any comments or questions about this Privacy Policy or how 401 Auto Financing deals with your personal information, please contact 401 Auto Financing by mail or email at: 401 Auto Financing – Operations Manager, 2200 Eagle Street N, Cambridge, Ontario N3H 0A1; email: contact@401auto.ca