Terms of Service Agreement
Effective Date: April1, 2024
THIS AGREEMENT (the “Agreement”) is made and entered into by and between Source My Ride, hereinafter referred to as the “Company,” “we,” “us,” or “our,” and the entity or person accessing or using the Company’s website located at www.sourcemyride.ca (the “Website”), the Source My Ride application (the “App”), and/or engaging in the Services provided thereby (collectively, the “User,” “you,” or “your”). The Website, the App, and the
Services provided by the Company shall collectively be referred to herein as the “Services.”
WHEREAS, the Company desires to set forth the terms and conditions under which the
User may access and use the Services;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Acceptance and Capacity
1.1 Acceptance of Terms and Confirmation of Capacity: By choosing to access or utilize the Services provided by Source My Ride, you hereby affirmatively declare that you have reached the age of majority, being at least eighteen (18) years of age, which legally enables you to enter into binding agreements such as this one. Moreover, by engaging with these Services, you represent and warrant your residency within the geographical confines of Canada, underscoring the fact that the Services offered by Source My Ride are exclusively designed and intended for use by Canadian residents. This acknowledgment serves as a testament to your understanding and acceptance of the tailored nature of our Services, aligning with the specific legal and regulatory framework of Canada.
2. Services Offered
2.1 Facilitation of Vehicle Financing: Source My Ride serves in a facilitative capacity, enabling Users to gain access to a diverse range of vehicle financing options offered by independent third-party financiers. By engaging with our Services for your financing needs, you, the User, acknowledge and unequivocally agree that any financial agreements, including terms, conditions, and obligations thereof, are established directly between you and the third-party financier. Consequently, Source My Ride explicitly disclaims any form of responsibility or liability concerning these financial arrangements. This acknowledgment is critical, as it highlights the delineation of roles where our Company merely bridges the gap between you and potential financing solutions without partaking in the substance of the financial agreements or obligations therein.
2.2 Management of Vehicle Inventory and Listings: Source My Ride retains the unilateral authority to adjust, refresh, or altogether cease the presentation of any portion of the vehicle inventory showcased on our Services. This includes comprehensive control over the specifications, pricing, and current availability of all vehicles listed. Such changes can be enacted at any moment, at the Company’s sole discretion, without the necessity of prior notification to our Users. This policy ensures our vehicle listings remain reflective of our current offerings, market conditions, and inventory levels, thereby enabling us to provide the most accurate and relevant information to our Users while maintaining flexibility in our operations.
2.3 Detailed Vehicle Purchase Procedure: The presentation of vehicles through our Services is intended as an invitation for Users to submit an offer for the purchase of a vehicle, rather than a direct solicitation of sale by the Company. It is critical to understand that such offers by the User are considered for acceptance solely when a bill of sale, encapsulating the terms of the purchase, is formally executed by both the Company and the User. This process ensures a clear and mutual agreement on the sale’s specifics.
3. User Obligations and Conduct
3.1 Elaboration on License Grant: In adherence to the stipulated terms and conditions outlined within this Agreement, Source My Ride hereby extends to the User a specifically defined, non-exclusive, and non-transferable license. This license authorizes the User to access and engage with the Services provided by the Company, but strictly for personal and non-commercial endeavors. It’s imperative to note that this grant of access does not imply any form of ownership over the Services or the content therein. Instead, it represents a limited right to utilize these Services under the conditions expressly set forth by the Company, aimed at ensuring the Services are used in a manner that aligns with their intended purpose and respects the framework established by this Agreement.
3.2 Detailed Prohibited Conduct Policy: By agreeing to this Agreement, the User unequivocally commits to refraining from any form of usage of the Services that could be deemed unlawful or falls within the ambit of explicitly prohibited activities as outlined by Source My Ride. This commitment includes a stringent prohibition against any actions or conduct that could potentially harm or exploit minors in any way, violate or infringe upon the intellectual property rights of third parties, or interfere with and disrupt the normal operational functionality of the Services. This policy is in place to safeguard the integrity of the Services, protect the rights and safety of all users and third parties, and ensure the Services are utilized in a responsible and lawful manner.
3.3 Comprehensive Indemnification Clause: The User consents to a broad
indemnification clause, committing to indemnify, defend, and hold harmless Source My Ride, alongside its affiliates, officers, directors, employees, agents, licensors, and suppliers, from any and all forms of losses, expenses, damages, and costs, which notably include reasonable attorneys’ fees. This indemnification is necessitated by any instances of the User’s violation of this Agreement, or through any actions or behaviors by the User that can be construed as wrongful, negligent, or improperly conducted while utilizing the Services. This comprehensive clause is designed to protect the Company and its associated parties against potential legal claims or disputes arising directly from the User’s interactions with the Services, ensuring that the Company remains safeguarded against liabilities stemming from the User’s conduct.
4. Intellectual Property Rights
4.1 Intellectual Property Rights Acknowledgment: The User expressly recognizes and affirms that Source My Ride holds ownership, or in certain cases, possesses licenses for all the intellectual property rights associated with the Services. This encompasses, without limitation, copyrights, trademarks, trade names, logos, and service marks integral to the identity and operation of the Services. These rights are rigorously protected under the ambit of both Canadian and applicable international intellectual property laws, ensuring that the creativity, innovation, and branding of the Services are safeguarded against unauthorized use, reproduction, or infringement. The User’s acknowledgment of these rights underscores the importance of respecting intellectual property as the foundation of trust and integrity within the Services.
5. Termination
5.1 Agreement Termination Policy: This Agreement remains in full force and effect from the moment of acceptance by the User until such time it may be terminated by either party involved—the User or Source My Ride. The Company reserves the exclusive right to unilaterally terminate this Agreement without prior notice to the User, should it determine, at its sole discretion, that there has been a failure on the part of the User to adhere to any specific term, condition, or provision outlined within this Agreement. This termination clause is designed to ensure that the integrity of the Services is maintained and that all interactions within the platform are conducted in accordance with the established terms, safeguarding the operational standards and trust upon which the Company and its Users rely.
6. Disclaimers and Limitation of Liability
6.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR THIS AGREEMENT.
7.10-Day Swap Guarantee
7.1 Swap Guarantee Policy: Subject to the terms and conditions herein, the Company offers a 10-Day Swap Guarantee to the User following the final purchase of a vehicle through the Services. This guarantee is valid for ten (10) days from the date of purchase or up to seven hundred fifty (750) kilometers driven, whichever occurs first (the “Swap Period”).
7.2 Conditions for Swap: The Swap Guarantee allows the User to swap the purchased vehicle for another vehicle of equal or greater value offered through the Services, provided that the User demonstrates to the Company’s satisfaction that the original vehicle purchased poses legitimate concerns regarding its quality and safety.
7.3 Validity of Concerns: For the purposes of this Swap Guarantee, valid concerns are those that directly impact the safety, mechanical integrity, or legal operability of the vehicle. The determination of validity shall be at the sole discretion of the Company, following a reasonable inspection of the vehicle by an authorized representative of the Company.
7.4 Procedure: To initiate a swap under this guarantee, the User must contact the Company within the Swap Period and provide detailed information regarding the concerns with the vehicle. The Company will then arrange for an inspection to assess the validity of the concerns. If the concerns are deemed valid, the Company will facilitate the swap process, subject to the availability of a suitable replacement vehicle and the User’s agreement to any adjustments in vehicle value.
7.5 Limitations: This Swap Guarantee is limited to one swap per original vehicle purchase. Additional costs, such as but not limited to, differences in vehicle price, taxes, registration, and any other fees associated with the swap, shall be the responsibility of the User. The Swap Guarantee does not cover minor cosmetic issues, wear and tear, or any issues that are disclosed by the Company prior to the original purchase.
7.6 Exclusions: Vehicles that are purchased with known pre-existing conditions, sold “as is,” or specifically noted by the Company as ineligible at the time of purchase are excluded from the Swap Guarantee. This exclusion also applies to vehicles categorized as vintage, due to their unique nature and intrinsic value, and any vehicle that is model year 2014 or older, or has an odometer reading exceeding 200,000 km. The Company commits to clearly informing buyers of any vehicles that are not covered by the Swap Guarantee at the point of purchase, ensuring full transparency regarding the eligibility criteria, including restrictions related to age and mileage.
7.7 Commencement of Swap Period: The Swap Guarantee’s 10-day period commences precisely at the moment the vehicle is delivered to the User’s specified delivery location. This period extends to the same minute on the tenth day following delivery or until the vehicle has been driven for 750 kilometers, whichever occurs sooner. This timeframe is strictly enforced to ensure both the User and the Company have a clear and unequivocal understanding of the Swap Guarantee’s duration, providing a fair and transparent window within which the User can evaluate the vehicle’s condition and initiate a swap if necessary.
7.8 Finality of Swap: The decision to swap a vehicle under this guarantee constitutes a final sale of the replacement vehicle. The swapped vehicle becomes the property of the Company upon completion of the swap process, and the User agrees to relinquish any claims to the original vehicle.
8. General Provisions
8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of law principles.
8.2 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the Arbitration Rules of the ADR Chambers of Toronto, Ontario.
8.3 Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the
Parties.
8.4 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
8.5 Contact: Questions or comments regarding this Agreement should be directed to support@sourcemyride.ca.
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement.
