THIS PAGE CONTAINS THE FOLLOWING DOCUMENTS:
1. Terms and Conditions
2. Privacy Policy
Terms and Conditions
1. INTRODUCTION
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy and cookie policy.
2. LICENSE TO USE WEBSITE
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. 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 website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
1. republish material from this website (including republication on another website);
2. sell, rent or sub-license material from the website;
3. show any material from the website in public;
4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
5. edit or otherwise modify any material on the website; or
6. redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.
3. FEES AND PAYMENT
Fees & Incentives:
Otolane will invoice the Dealer a buy fee of $99 for automobiles sold for $1,000 or less (Automobiles in this pricing tier are no longer covered by the Total Care Wholesale Protection Plan), a buy fee of $149 for automobiles sold at $1,001 to $2,500, a buy fee of $229 for vehicles sold at $2,501 to $4,500, a buy fee of $259 for vehicles sold at $4,501 to $7,500, a buy fee of $289 for vehicle sold at $7,501 to $10,000, a buy fee of $319 for vehicles sold at $10,001 to $15,000, a buy fee of $359 for vehicles sold at $15,001 to $30,000 and a buy fee of $399 for vehicles sold at $30,001 and above.
Buyers may be asked to reimburse the seller directly for the CARFAX report provided.
Motorcycles and Powersports will fall under a separate fee schedule. The buy fees will be as follows: A buy fee of $165 will be charged for all motorcycles and powersports sold for $10,000 or less, a buy fee of $215 will be charged for all motorcycles and powersports sold for between $10,001 and $30,000, a buy fee of $265 will be charged for all motorcycles and powersports sold for $30,001 and above. No Total Care Wholesale Protection Plan fee will be charged for the above mentioned as no Total Care coverage will be provided for these units ( Nonstandard and Modified vehicles, watercraft, motorcycles, dirt bikes, ATV’s, Tractor trailers, farm equipment, and trailers are also exempt from this warranty program).
A sell fee in the amount of $25 will be charged for every vehicle sold on Otolane (excluding private sales, certain conditions apply).
If a Vehicle is marked “Accept” on the system and is not made available for purchase on the set arrival date (no more than 14 days past the trade date) to the highest bidder at the price of the highest bid, the Dealer will pay a penalty to OTOLANE in the amount of $250. N.B. A live appraisal cannot have an arrival date more than 30 days past trade date.
Vehicles are expected to be available for buyers to pickup on the set arrival date, or within a reasonable delay. Vehicles not made available for pickup or purchase may result in trade cancellation at Otolane’s discretion.
If a vehicle is purchased or “won” by a buyer on the system and is not paid in full or picked-up from the seller’s place of business within 5 business days after being marked as “arrived”, the buyer will pay OTOLANE up to $500 per vehicle in penalties.
Dealer will be invoiced monthly for use of the Service after expiration of specified free trial period, if applicable. Invoices are to be paid weekly by pre-authorized credit card or check payable to OTOLANE. All invoices shall be paid to OTOLANE within thirty (30) days after the date of invoice. Dealer 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 this Agreement are exclusive of taxes. Dealer will pay or reimburse OTOLANE for all taxes, duties and levies, however designated or computed, that are based upon this Agreement or the provision or use of the Service, including without limitation sales, use and value-added taxes, and other assessments now or hereafter imposed in connection with or resulting from this Agreement, excepting only taxes based on OTOLANE 's net income.
OTOLANE may give Dealer written notice of any change in the fees payable hereunder at any time. Any such change shall come into effect on the date specified in the notice.
Electronic Fund Transfers will only be available for dealers who are set up for the EFT program and who have completed and submitted all necessary paperwork.
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 registrations, these should be transferred and provided to the buyer at the time of pick up, or mailed out to the buyer within a reasonable delay.
A $25 fee will be charged for any failed attempts to withdraw or deposit funds.
4. ACCEPTABLE USE
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; 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 our website 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 our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
5. RESTRICTED ACCESS
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may 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 our website, unless you have that person's express permission to do so.
We may disable your user ID and password in our sole discretion without notice or explanation.
6. LIMITED WARRANTIES
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. LIMITATION AND EXCLUSIONS OF LIABILITY
Nothing in these terms of use 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 and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website 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 business losses, including (without limitation) 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.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
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 any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use.
9. BREACHES OF THESE TERMS OF USE
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
10. VARIATION
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
11. ASSIGNMENT
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use 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 of use.
12. SEVERABILITY
If a provision of these terms of use 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 of use 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 of use is not subject to the consent of any third party.
14. ENTIRE AGREEMENT
These terms of use, together with our privacy and cookie policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
15. LAW AND JURISDICTION
These terms of use will be governed by and construed in accordance with Canadian law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of Canada.
16. OUR DETAILS
The full name of our company is OTOLANESOFT CORPORATION
Our contact email address is dealersupport@otolane.com and can be reached by phone by dialing1 (888) 985 – 0201.
Privacy Policy
PRIVACY POLICY
Your privacy is very important to us. As a result we have developed this Policy for you to better understand how we collect and make use of personal information. We will not use or share your information with anyone except as described in this Privacy Policy. The following outlines our privacy policy. Information that is gathered from users
We collect information from you when you register on our site. When registering on our site, as appropriate, you may be asked to enter your dealer name or users names, as well as relevant information (dealer registration number, tax number, etc…). In common with other websites, we may collect log files on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit. Cookies may be used to remember your preferences when interacting with the website. Where registration is elected, your email and a username will be stored on the server, along with the user data and vehicle data belonging to you.
HOW THE INFORMATION IS USED
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. The information is used to enhance your experience when using the website to display personalized content, or content belonging to you. Periodic e-mails may be sent to inform you of news or updates of our service. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
COOKIES
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website. You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.
YOUR CONSENT
By using our site, you consent to our web site privacy policy. How To Reach Us For any inquiries regarding this privacy policy, or for any other matter, you may contact us using the following email address: dealersupport@otolane.com