Terms and Conditions
Updated April 16, 2024
1. INTRODUCTION
These terms and conditions govern your use of this website, the digital automotive auction service and all related mobile applications (collectively, the "System") owned and operated by Otolane Inc. ("Otolane"). These terms and conditions will become implied terms and conditions of every agreement you and each user designated by you (each, an "Authorized User") enter into with Otolane and with every bidder, buyer and/or seller of vehicles using the System. By using the System, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these and conditions, you must not use the System.
By accessing the System, you acknowledge and agree that any dispute arising out of the purchase or sale of a vehicle via the System will be resolved in accordance with Otolane's arbitration policy, the current version of which may be found at http://www.otolane.com/arbitration-policy.
2. LICENSE TO USE SYSTEM
Unless otherwise stated, we or our licensors own all intellectual property rights in the System and material on the System. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the System for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
1. republish material from the System (including republication on another website);
2. sell, rent or sub-license material from the System;
3. show any material from the System in public;
4. reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose;
5. edit or otherwise modify any material on the System; or
6. redistribute material from the System except for content specifically and expressly made available for redistribution such as our newsletter or email campaigns.
3. FEES AND PAYMENT
Otolane only charges fees to sell and purchase vehicles via the System. There is no fee to list a vehicle for sale. The sell fees and buy fees are based on vehicle sale price and can be found at www.otolane.com/fees.
Updated April 16, 2024
1. INTRODUCTION
These terms and conditions govern your use of this website, the digital automotive auction service and all related mobile applications (collectively, the "System") owned and operated by Otolane Inc. ("Otolane"). These terms and conditions will become implied terms and conditions of every agreement you and each user designated by you (each, an "Authorized User") enter into with Otolane and with every bidder, buyer and/or seller of vehicles using the System. By using the System, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these and conditions, you must not use the System.
By accessing the System, you acknowledge and agree that any dispute arising out of the purchase or sale of a vehicle via the System will be resolved in accordance with Otolane's arbitration policy, the current version of which may be found at http://www.otolane.com/arbitration-policy.
2. LICENSE TO USE SYSTEM
Unless otherwise stated, we or our licensors own all intellectual property rights in the System and material on the System. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the System for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
1. republish material from the System (including republication on another website);
2. sell, rent or sub-license material from the System;
3. show any material from the System in public;
4. reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose;
5. edit or otherwise modify any material on the System; or
6. redistribute material from the System except for content specifically and expressly made available for redistribution such as our newsletter or email campaigns.
3. FEES AND PAYMENT
Otolane only charges fees to sell and purchase vehicles via the System. There is no fee to list a vehicle for sale. The sell fees and buy fees are based on vehicle sale price and can be found at www.otolane.com/fees.
Updated April 16, 2024
1. INTRODUCTION
These terms and conditions govern your use of this website, the digital automotive auction service and all related mobile applications (collectively, the "System") owned and operated by Otolane Inc. ("Otolane"). These terms and conditions will become implied terms and conditions of every agreement you and each user designated by you (each, an "Authorized User") enter into with Otolane and with every bidder, buyer and/or seller of vehicles using the System. By using the System, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these and conditions, you must not use the System.
By accessing the System, you acknowledge and agree that any dispute arising out of the purchase or sale of a vehicle via the System will be resolved in accordance with Otolane's arbitration policy, the current version of which may be found at http://www.otolane.com/arbitration-policy.
2. LICENSE TO USE SYSTEM
Unless otherwise stated, we or our licensors own all intellectual property rights in the System and material on the System. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the System for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
1. republish material from the System (including republication on another website);
2. sell, rent or sub-license material from the System;
3. show any material from the System in public;
4. reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose;
5. edit or otherwise modify any material on the System; or
6. redistribute material from the System except for content specifically and expressly made available for redistribution such as our newsletter or email campaigns.
3. FEES AND PAYMENT
Otolane only charges fees to sell and purchase vehicles via the System. There is no fee to list a vehicle for sale. The sell fees and buy fees are based on vehicle sale price and can be found at www.otolane.com/fees.
If a vehicle is "Won" and subsequently marked "Lost", the seller will pay a penalty fee to Otolane in the amount of $250. If a vehicle is not made available for pick-up by the buyer on the "Arriving By" date, Otolane reserves the right to assess a penalty fee of $250 or cancel the sale at its discretion. Unless approved by Otolane in its sole discretion, a listing may not have an "Arriving By" date of more than 30 days past the transaction date.
In order to purchase or sell a vehicle via the System, you must have completed the electronic funds transfer ("EFT") authorization form. If a vehicle is purchased (“Won”) via the System, you must select EFT or Next Gear Capital as a payment method. If you do not select a payment method by 2 PM (Eastern time) the following business day, the System will automatically process payment for the vehicle purchase and any related fees via EFT. If your purchased vehicle is not paid in full or picked-up from the seller within five (5) business days after being marked as “Arrived”, Otolane reserves the right to revoke your arbitration rights for the purchased vehicle and may impose monetary penalties (e.g., storage charges) up to $500 in Otolane's sole discretion.
In consideration of access to the System, you agree to pay Otolane all fees and charges assessed by Otolane. You agree that Otolane may deduct all fees and charges from any amounts that may be payable to you, including vehicle sale proceeds. Any invoice issued by Otolane is to be paid by pre-authorized credit card. All invoices are due upon receipt. After 30 days, you shall pay interest on all overdue amounts from the due date until such amounts are paid at a rate equal to 1.5% per month or the maximum rate allowed by law, whichever is less.
All amounts set out in these terms and conditions are exclusive of taxes. You will pay or reimburse Otolane for all taxes, duties and levies, however designated or computed, that are based upon these terms and conditions or the provision or use of the System, including without limitation sales, use and value-added taxes, and other assessments now or hereafter imposed in connection with or resulting from these terms and conditions, excepting only taxes based on Otolane's net income.
Otolane may give you written notice of any change in the fees payable for the use of the System at any time. Any such change shall come into effect on the date specified in the notice.
Otolane will not be held responsible for any payment delays as a result of payment failures, bank holidays or any other reason beyond Otolane's control.
Otolane is not responsible for transferring vehicle ownership. Please mail all vehicle ownership documents to 8250 Lawson Road, Unit 103, Milton, Ontario L9T 5C6, Attention: Otolane.
Otolane shall charge a fee of up to $100 for any failed attempts to withdraw or deposit funds, including, without limitation, any payments that are returned for insufficient funds (NSF).
4. ACCEPTABLE USE
You must not use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the System to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the System without our express written consent.
You must not use the System to transmit or send unsolicited commercial communications.
You must not use the System for any purposes related to marketing without our express written consent.
The System includes Google Maps features and contents, which are subject to the current versions of the (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) the Google Privacy Policy at https://www.google.com/policies/privacy/.
If you or any of your authorized users breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the System, prohibiting you from accessing the System, blocking computers using your IP address from accessing the System, contacting your internet service provider to request that they block your access to the System and/or bringing legal proceedings against you.
5. RESTRICTED ACCESS
Access to certain areas of the System is restricted. We reserve the right to restrict access to other or all areas of the System at our discretion. To access the restricted areas of the System, you must be a registered motor vehicle dealer and each of your authorized users must be registered motor vehicle salespeople in good standing with the relevant provincial regulatory authority. You will be responsible for any breach of these terms and conditions by your authorized users and will be liable as if it were your own breach.
If we provide you with a user ID and password to enable you to access restricted areas of the System or other content or services, you and each of your authorized users must ensure that that user ID and password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorized use of your account or password or any such unauthorized use for any of your authorized users.
You are responsible for any activity on the System, including any activity that arises out of the failure by you or your authorized users to maintain password confidentiality, and will be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access the System. We may disable your user ID and password in our sole discretion without notice or explanation to you.
6. LIMITED WARRANTIES
The System is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant the completeness or accuracy of the information published on the System or that the System will be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the System and the use thereof.
7. LIMITATION OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the System and the information and services on the System are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any special, indirect or consequential loss or damages, including, without limitation, any business losses, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
8. INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your use of the System, any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
9. RISK OF LOSS
Risk of loss for a vehicle remains with the seller until the transportation company (whether dispatched by the buyer or by Otolane) picks up the vehicle, at which point the risk of loss for the vehicle is transferred to the buyer. Please note that Otolane does not provide insurance coverage for any vehicles purchased or sold via the System. You are responsible to ensure that you hold a valid garage insurance policy in accordance with the laws of Canada.
10. DATA AND PRIVACY
You agree that all information and records, whether oral, written, electronic, digital, tangible, uploaded, received or stored on the System, including, without limitation, descriptions, photographs and videos of vehicles (collectively, "Data"), is the property of Otolane. You represent and warrant that you own all right, title and interest in Data that you upload to the System and you assign to Otolane all such right, title and interest, including, without limitation, all related copyright, moral rights and other intellectual property rights. You agree that such intellectual property rights include Otolane's right to receive, use, disseminate, control access to, aggregate, modify, package, derive benefit from, remove, destroy or sell Data in whole or in part.
By using the System and agreeing to these terms and conditions, acknowledge and agree with the terms of our privacy policy, which may be found at http://www.otolane.com/privacy-policy. Data that contains personal information will only be used and disclosed in accordance with our privacy policy.
11. VARIATION AND ASSIGNMENT
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the System from the date of the publication of the revised terms and conditions on our website at http://www.otolane.com/terms-of-service. Please check the website regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
12. SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
14. ENTIRE AGREEMENT
These terms and conditions, together with our arbitration policy and privacy policy, constitute the entire agreement between you and us in relation to your use of the System, and supersede all previous agreements in respect of your use of the System.
15. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
16. OUR DETAILS
The legal name of our company is Otolane Inc. and our mailing address is 7145 West Credit Avenue, Bldg 3, Unit 201, Mississauga, ON L5N 6J7
Our contact email address is dealersupport@otolane.com and can be reached by phone by dialing 1 (888) 985 - 0201.
If a vehicle is "Won" and subsequently marked "Lost", the seller will pay a penalty fee to Otolane in the amount of $250. If a vehicle is not made available for pick-up by the buyer on the "Arriving By" date, Otolane reserves the right to assess a penalty fee of $250 or cancel the sale at its discretion. Unless approved by Otolane in its sole discretion, a listing may not have an "Arriving By" date of more than 30 days past the transaction date.
In order to purchase or sell a vehicle via the System, you must have completed the electronic funds transfer ("EFT") authorization form. If a vehicle is purchased (“Won”) via the System, you must select EFT or Next Gear Capital as a payment method. If you do not select a payment method by 2 PM (Eastern time) the following business day, the System will automatically process payment for the vehicle purchase and any related fees via EFT. If your purchased vehicle is not paid in full or picked-up from the seller within five (5) business days after being marked as “Arrived”, Otolane reserves the right to revoke your arbitration rights for the purchased vehicle and may impose monetary penalties (e.g., storage charges) up to $500 in Otolane's sole discretion.
In consideration of access to the System, you agree to pay Otolane all fees and charges assessed by Otolane. You agree that Otolane may deduct all fees and charges from any amounts that may be payable to you, including vehicle sale proceeds. Any invoice issued by Otolane is to be paid by pre-authorized credit card. All invoices are due upon receipt. After 30 days, you shall pay interest on all overdue amounts from the due date until such amounts are paid at a rate equal to 1.5% per month or the maximum rate allowed by law, whichever is less.
All amounts set out in these terms and conditions are exclusive of taxes. You will pay or reimburse Otolane for all taxes, duties and levies, however designated or computed, that are based upon these terms and conditions or the provision or use of the System, including without limitation sales, use and value-added taxes, and other assessments now or hereafter imposed in connection with or resulting from these terms and conditions, excepting only taxes based on Otolane's net income.
Otolane may give you written notice of any change in the fees payable for the use of the System at any time. Any such change shall come into effect on the date specified in the notice.
Otolane will not be held responsible for any payment delays as a result of payment failures, bank holidays or any other reason beyond Otolane's control.
Otolane is not responsible for transferring vehicle ownership. Please mail all vehicle ownership documents to 8250 Lawson Road, Unit 103, Milton, Ontario L9T 5C6, Attention: Otolane.
Otolane shall charge a fee of up to $100 for any failed attempts to withdraw or deposit funds, including, without limitation, any payments that are returned for insufficient funds (NSF).
4. ACCEPTABLE USE
You must not use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the System to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the System without our express written consent.
You must not use the System to transmit or send unsolicited commercial communications.
You must not use the System for any purposes related to marketing without our express written consent.
The System includes Google Maps features and contents, which are subject to the current versions of the (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) the Google Privacy Policy at https://www.google.com/policies/privacy/.
If you or any of your authorized users breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the System, prohibiting you from accessing the System, blocking computers using your IP address from accessing the System, contacting your internet service provider to request that they block your access to the System and/or bringing legal proceedings against you.
5. RESTRICTED ACCESS
Access to certain areas of the System is restricted. We reserve the right to restrict access to other or all areas of the System at our discretion. To access the restricted areas of the System, you must be a registered motor vehicle dealer and each of your authorized users must be registered motor vehicle salespeople in good standing with the relevant provincial regulatory authority. You will be responsible for any breach of these terms and conditions by your authorized users and will be liable as if it were your own breach.
If we provide you with a user ID and password to enable you to access restricted areas of the System or other content or services, you and each of your authorized users must ensure that that user ID and password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorized use of your account or password or any such unauthorized use for any of your authorized users.
You are responsible for any activity on the System, including any activity that arises out of the failure by you or your authorized users to maintain password confidentiality, and will be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access the System. We may disable your user ID and password in our sole discretion without notice or explanation to you.
6. LIMITED WARRANTIES
The System is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant the completeness or accuracy of the information published on the System or that the System will be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the System and the use thereof.
7. LIMITATION OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the System and the information and services on the System are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any special, indirect or consequential loss or damages, including, without limitation, any business losses, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
8. INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your use of the System, any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
9. RISK OF LOSS
Risk of loss for a vehicle remains with the seller until the transportation company (whether dispatched by the buyer or by Otolane) picks up the vehicle, at which point the risk of loss for the vehicle is transferred to the buyer. Please note that Otolane does not provide insurance coverage for any vehicles purchased or sold via the System. You are responsible to ensure that you hold a valid garage insurance policy in accordance with the laws of Canada.
10. DATA AND PRIVACY
You agree that all information and records, whether oral, written, electronic, digital, tangible, uploaded, received or stored on the System, including, without limitation, descriptions, photographs and videos of vehicles (collectively, "Data"), is the property of Otolane. You represent and warrant that you own all right, title and interest in Data that you upload to the System and you assign to Otolane all such right, title and interest, including, without limitation, all related copyright, moral rights and other intellectual property rights. You agree that such intellectual property rights include Otolane's right to receive, use, disseminate, control access to, aggregate, modify, package, derive benefit from, remove, destroy or sell Data in whole or in part.
By using the System and agreeing to these terms and conditions, acknowledge and agree with the terms of our privacy policy, which may be found at http://www.otolane.com/privacy-policy. Data that contains personal information will only be used and disclosed in accordance with our privacy policy.
11. VARIATION AND ASSIGNMENT
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the System from the date of the publication of the revised terms and conditions on our website at http://www.otolane.com/terms-of-service. Please check the website regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
12. SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
14. ENTIRE AGREEMENT
These terms and conditions, together with our arbitration policy and privacy policy, constitute the entire agreement between you and us in relation to your use of the System, and supersede all previous agreements in respect of your use of the System.
15. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
16. OUR DETAILS
The legal name of our company is Otolane Inc. and our mailing address is 7145 West Credit Avenue, Bldg 3, Unit 201, Mississauga, ON L5N 6J7
Our contact email address is dealersupport@otolane.com and can be reached by phone by dialing 1 (888) 985 - 0201.
If a vehicle is "Won" and subsequently marked "Lost", the seller will pay a penalty fee to Otolane in the amount of $250. If a vehicle is not made available for pick-up by the buyer on the "Arriving By" date, Otolane reserves the right to assess a penalty fee of $250 or cancel the sale at its discretion. Unless approved by Otolane in its sole discretion, a listing may not have an "Arriving By" date of more than 30 days past the transaction date.
In order to purchase or sell a vehicle via the System, you must have completed the electronic funds transfer ("EFT") authorization form. If a vehicle is purchased (“Won”) via the System, you must select EFT or Next Gear Capital as a payment method. If you do not select a payment method by 2 PM (Eastern time) the following business day, the System will automatically process payment for the vehicle purchase and any related fees via EFT. If your purchased vehicle is not paid in full or picked-up from the seller within five (5) business days after being marked as “Arrived”, Otolane reserves the right to revoke your arbitration rights for the purchased vehicle and may impose monetary penalties (e.g., storage charges) up to $500 in Otolane's sole discretion.
In consideration of access to the System, you agree to pay Otolane all fees and charges assessed by Otolane. You agree that Otolane may deduct all fees and charges from any amounts that may be payable to you, including vehicle sale proceeds. Any invoice issued by Otolane is to be paid by pre-authorized credit card. All invoices are due upon receipt. After 30 days, you shall pay interest on all overdue amounts from the due date until such amounts are paid at a rate equal to 1.5% per month or the maximum rate allowed by law, whichever is less.
All amounts set out in these terms and conditions are exclusive of taxes. You will pay or reimburse Otolane for all taxes, duties and levies, however designated or computed, that are based upon these terms and conditions or the provision or use of the System, including without limitation sales, use and value-added taxes, and other assessments now or hereafter imposed in connection with or resulting from these terms and conditions, excepting only taxes based on Otolane's net income.
Otolane may give you written notice of any change in the fees payable for the use of the System at any time. Any such change shall come into effect on the date specified in the notice.
Otolane will not be held responsible for any payment delays as a result of payment failures, bank holidays or any other reason beyond Otolane's control.
Otolane is not responsible for transferring vehicle ownership. Please mail all vehicle ownership documents to 8250 Lawson Road, Unit 103, Milton, Ontario L9T 5C6, Attention: Otolane.
Otolane shall charge a fee of up to $100 for any failed attempts to withdraw or deposit funds, including, without limitation, any payments that are returned for insufficient funds (NSF).
4. ACCEPTABLE USE
You must not use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the System to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the System without our express written consent.
You must not use the System to transmit or send unsolicited commercial communications.
You must not use the System for any purposes related to marketing without our express written consent.
The System includes Google Maps features and contents, which are subject to the current versions of the (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) the Google Privacy Policy at https://www.google.com/policies/privacy/.
If you or any of your authorized users breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the System, prohibiting you from accessing the System, blocking computers using your IP address from accessing the System, contacting your internet service provider to request that they block your access to the System and/or bringing legal proceedings against you.
5. RESTRICTED ACCESS
Access to certain areas of the System is restricted. We reserve the right to restrict access to other or all areas of the System at our discretion. To access the restricted areas of the System, you must be a registered motor vehicle dealer and each of your authorized users must be registered motor vehicle salespeople in good standing with the relevant provincial regulatory authority. You will be responsible for any breach of these terms and conditions by your authorized users and will be liable as if it were your own breach.
If we provide you with a user ID and password to enable you to access restricted areas of the System or other content or services, you and each of your authorized users must ensure that that user ID and password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorized use of your account or password or any such unauthorized use for any of your authorized users.
You are responsible for any activity on the System, including any activity that arises out of the failure by you or your authorized users to maintain password confidentiality, and will be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access the System. We may disable your user ID and password in our sole discretion without notice or explanation to you.
6. LIMITED WARRANTIES
The System is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant the completeness or accuracy of the information published on the System or that the System will be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the System and the use thereof.
7. LIMITATION OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the System and the information and services on the System are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any special, indirect or consequential loss or damages, including, without limitation, any business losses, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
8. INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your use of the System, any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
9. RISK OF LOSS
Risk of loss for a vehicle remains with the seller until the transportation company (whether dispatched by the buyer or by Otolane) picks up the vehicle, at which point the risk of loss for the vehicle is transferred to the buyer. Please note that Otolane does not provide insurance coverage for any vehicles purchased or sold via the System. You are responsible to ensure that you hold a valid garage insurance policy in accordance with the laws of Canada.
10. DATA AND PRIVACY
You agree that all information and records, whether oral, written, electronic, digital, tangible, uploaded, received or stored on the System, including, without limitation, descriptions, photographs and videos of vehicles (collectively, "Data"), is the property of Otolane. You represent and warrant that you own all right, title and interest in Data that you upload to the System and you assign to Otolane all such right, title and interest, including, without limitation, all related copyright, moral rights and other intellectual property rights. You agree that such intellectual property rights include Otolane's right to receive, use, disseminate, control access to, aggregate, modify, package, derive benefit from, remove, destroy or sell Data in whole or in part.
By using the System and agreeing to these terms and conditions, acknowledge and agree with the terms of our privacy policy, which may be found at http://www.otolane.com/privacy-policy. Data that contains personal information will only be used and disclosed in accordance with our privacy policy.
11. VARIATION AND ASSIGNMENT
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the System from the date of the publication of the revised terms and conditions on our website at http://www.otolane.com/terms-of-service. Please check the website regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
12. SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
14. ENTIRE AGREEMENT
These terms and conditions, together with our arbitration policy and privacy policy, constitute the entire agreement between you and us in relation to your use of the System, and supersede all previous agreements in respect of your use of the System.
15. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
16. OUR DETAILS
The legal name of our company is Otolane Inc. and our mailing address is 7145 West Credit Avenue, Bldg 3, Unit 201, Mississauga, ON L5N 6J7
Our contact email address is dealersupport@otolane.com and can be reached by phone by dialing 1 (888) 985 - 0201.
