VW MOTOINSIGHT TERMS AND CONDITIONS
Motoinsight Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.
This website is operated by Rally Motors Ltd. (“Dealer“). Access and use of this website (the “Website“) and its related services (the “Services“) are provided to you by Dealer on condition that you accept these Terms and Conditions. By accessing or using this Website or the Services, you agree to these Terms and Conditions. If you do not agree to accept these Terms and Conditions, you may not access or use this Website or the Services.
These Terms and Conditions govern the relationship between you and Dealer with respect to your use of this Website and the Services. You agree that the agreement formed by these Terms and Conditions are like any written agreement signed by you, and you agree to be bound by, and fully comply with, their terms. You represent and warrant that: (i) you have all necessary right, power and authority to enter into these Terms and Conditions and to perform and otherwise discharge all of your obligations hereunder; and (ii) all information that you submit through this Website (including details regarding your trade-in vehicle (if any)) is true, accurate and complete.
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
To the extent permitted by applicable law, we reserve the right at any time to change: (i) the terms and conditions of these Terms and Conditions; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.
Any changes we make to these Terms and Conditions will be effective immediately upon posting on this Website. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms and Conditions.
1. Reservation Fee
The payment of a reservation fee (“Reservation Fee“) allows you to reserve a specific Volkswagen-branded vehicle that is featured on this Website (a “Vehicle“) by Dealer.
We reserve the right to refuse access to the Services to anyone, at any time, for any reason.
When placing a Reservation Fee on a Vehicle:
- you must use a valid credit card (i) that has been issued to you personally, (ii) that we accept, and (iii) that we are authorized to process a charge in the amount of the Reservation Fee;
- you represent and warrant that: (i) the payment information that you provide to us is both valid and correct; and (ii) you are the person named in the credit card provided; and
- you consent to be billed for the Reservation Fee in compliance with: (i) applicable legal requirements; and (ii) the requirements disclosed to you by your credit card issuer.
Under no circumstances will Dealer be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your Reservation Fee; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays in the purchase or non-availability of the Vehicle that you endeavored to reserve arising from any validation checks that may be carried out regarding your payment or identification.
Once processed (by our third-party service providers), your Reservation Fee will be paid directly to Dealer and shall be applied to the potential purchase price of your reserved Vehicle. Please note, however, that any sale, lease or finance of your reserved Vehicle shall be subject to your acceptance of the terms and conditions of your selected Dealer’s vehicle sales contract, lease contract, and/or finance contract, as applicable. Further note that Volkswagen Group Canada Inc. (“VGCA“) does not collect your Reservation Fee and is neither responsible nor liable for same. VGCA cannot refund any Reservation Fee that you pay under these Terms and Conditions
Please note that you may not sell, give-away, or otherwise transfer your Reservation Fee to another person, entity or organization.
2. SERVICE LIMITATIONS
Please note each of the following important limitations with respect to the Services (including the Reservation Fees):
- the ability to make a Reservation Fee is only available to legal Canadian residents of legal driving age with a valid license;
- VGCA does not sell cars directly to the public. Accordingly, VGCA is not selling you any Vehicle. The sale of a Vehicle (if any) is strictly between you and Dealer;
- as Dealer is responsible for all Vehicle sales and leasing, we may assist you in securing financing for a Vehicle;
- the payment of a Reservation Fee does not constitute: (i) an agreement for the purchase of a Vehicle; (ii) a down-payment in connection with the purchase of a Vehicle; or (iii) a guarantee of a Vehicle or delivery of a Vehicle within a specific time period. For the avoidance of doubt, the placement of a Reservation Fee on a Vehicle does not guarantee the sale of that Vehicle (or any other Vehicle) to you; and
- the time period between payment of a Reservation Fee and Vehicle delivery, or cancellation, may extend weeks or months. During this time, the Reservation Fee will not accrue any interest or likewise be negatively affected in any way: the value of your Reservation Fee remains unchanged from the amount paid by you.
NEITHER DEALER NOR VGCA REPRESENT, WARRANT OR GUARANTEE THAT THE VEHICLE YOU SELECTED WILL BE AVAILABLE FOR PURCHASE OR LEASE BY YOU. THERE MAY BE CIRCUMSTANCES IN WHICH YOUR RESERVATION FEE IS CANCELLED BY DEALER (AS DESCRIBED IN THE NEXT SECTIONS OF THESE TERMS AND CONDITIONS) — IN WHICH CASE YOUR SOLE REMEDY WILL BE A REFUND OF THE AMOUNT THAT YOU PAID FOR YOUR RESERVATION FEE.
3. CANCELATIONS AND REFUNDS
Your Reservation Fee is fully refundable. Refunds of the Reservation Fee will be processed by Dealer and returned to the same credit card used to pay the Reservation Fee. Alternatively, you may elect to have Dealer apply the funds to the purchase of a different Vehicle.
Please note that Dealer reserves the right to cancel your Reservation Fee (and corresponding Vehicle reservation) for any reason, including: (i) an inability to contact you; (ii) an inability to fulfill the requested Vehicle; (iii) your inability to complete the purchase of the Vehicle within a reasonable time; or (iv) any other reasonable occurrence beyond Dealer’s control.
In the event of that your Reservation Fee is cancelled by Dealer, your Reservation Fee will be refunded to you to the same credit card you used to make the Reservation Fee, and the Vehicle you selected will no longer be reserved. This refund will be your only remedy in connection with any cancellation of your Reservation Fee.
Dealer is committed to respecting the privacy of the personal information of the individuals with whom we interact.
By visiting this Website and / or using the Services, you provide us with your consent to collect, use and disclose your personal information (including your name, contact information, and payment information) for the purposes of providing you with the Services that you request.
You also provide us with your consent to share your personal information with our employees, contractors, consultants, VGCA, VW Credit Canada, Inc. (“VCCI“), Volkswagen AG, and other parties who require such information to assist us with providing the Services to you, including third parties that provide services to them. For example, we may share your personal information from time to time with our third party information technology, data processing and payment processing service providers (and their agents) so that we may provide you with the Services. As a result, your personal information may, subject to applicable laws, be collected, used, processed, stored or disclosed in the United States, Ireland, Germany and potentially other jurisdictions.
To the extent that the Services permit you to share a link about your activities on the Website to a third party via an email, text or other electronic message, you agree to have all necessary permissions and consents to send any such email, text or other electronic message.
Alternatively, please contact our Privacy Officer (at firstname.lastname@example.org) if you have any questions about the collection, use and/or disclosure of your personal information.
WHILE EFFORTS ARE MADE TO ENSURE ACCURACY, ERRORS MAY OCCUR AND AVAILABILITY MAY CHANGE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF VEHICLE DESCRIPTIONS, AVAILABILITY OR PRICING.
THIS WEBSITE AND THE SERVICES (INCLUDING YOUR ABILITY TO RESERVE A VEHICLE) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. DEALER AND ITS THIRD-PARTY LICENSORS AND SUPPLIERS (INCLUDING VGCA) MAKE NO OTHER REPRESENTATIONS AND GIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THIS WEBSITE AND THE SERVICES, AND DEALER SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DEALER DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, BE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM DEFECTS OR ERRORS, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. DEALER DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF USING THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, COMMERCIAL ADVANTAGE, OR RISK OF INJURY TO YOU OR ANY OF YOUR SYSTEMS OR NETWORK. DEALER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE OF OR INACCURACY IN ANY MATERIALS OR FOR ANY TRANSACTIONS PROCESSED THROUGH THIS WEBSITE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS CONTAINED IN THIS DOCUMENT MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE TO THESE TERMS AND CONDITIONS, IN WHICH CASE DEALER’S WARRANTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- UNDER NO CIRCUMSTANCE WILL DEALER BE LIABLE TO YOU OR ANY OTHER PARTY FOR (I) ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AND/OR (II) ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR ANY OTHER SIMILAR LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM (AS DEFINED IN SECTION 7); AND
- THE TOTAL MAXIMUM AGGREGATE LIABILITY OF DEALER ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM (AS DEFINED IN SECTION 7), INCLUDING IN CONNECTION WITH YOUR USE OR INABILITY TO USE A RESERVATION FEE, SHALL BE LIMITED TO THE GREATER OF: (I) THE AMOUNTS THAT YOU ACTUALLY PAID TO DEALER UNDER THESE TERMS AND CONDITIONS; AND (II) $100.00 DOLLARS CAD.
7. ARBITRATION AND CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO: (I) ANY AGREEMENT BETWEEN YOU AND DEALER; (II) ANY ORAL OR WRITTEN STATEMENTS, OR ADVERTISEMENTS OR PROMOTIONS RELATING TO ANY AGREEMENT BETWEEN YOU AND DEALER; OR (III) THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT PARTIES TO ANY AGREEMENT BETWEEN YOU AND DEALER), (EACH, A “CLAIM“) WILL BE REFERRED TO AND DETERMINED BY PRIVATE AND CONFIDENTIAL ARBITRATION AT THE JOINT COST OF THE PARTIES. NO RIGHT OF APPEAL SHALL EXIST FROM AN ARBITRATION DECISION. EITHER PARTY MAY COMMENCE COURT PROCEEDINGS TO ENFORCE THE ARBITRATION RESULT WHEN AN ARBITRATION DECISION SHALL HAVE BEEN RENDERED AND THIRTY (30) DAYS HAVE PASSED FROM THE DATE OF SUCH DECISION. BY SO AGREEING, YOU WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN A CLASS ACTION AGAINST DEALER RELATED TO ANY CLAIM AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST DEALER OTHERWISE COMMENCED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY DEALER, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF ANY OF THEM AS WELL AS VGCA FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, JUDGMENTS, COSTS, LIABILITIES, EXPENSES (INCLUDING ATTORNEYS’ FEES), AND DAMAGES ARISING OUT OF ANY CLAIMS, INCLUDING FOR THE AVOIDANCE OF DOUBT, ANY CLAIMS ARISING FROM: (I) YOUR USE OF THIS WEBSITE (INCLUDING THE SERVICES); AND/OR (II) YOUR BREACH OF THESE TERMS AND CONDITIONS.
9. TERM AND TERMINATION
Dealer may, from time to time, but is in no way obligated to, permit you to access and use this Website and the Services. You acknowledge and agree that: (i) access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice; and (ii) Dealer shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time. We may terminate these Terms and Conditions for convenience with no notice to you.
Upon termination of these Terms and Conditions, you shall immediately cease and desist from all use of this Website and the Services.
10. CONTACT INFORMATION
If you need to contact us regarding this Website, the Services, or these Terms and Conditions, please reach out to us at:
Rally Motors Ltd.
235 38th Street E
Prince Albert, SK, S6W 1A5
Attention: Nick Hudye
The Website and the Services are solely directed to individuals residing in Canada. We make no representation that materials on this Website or the Services are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions, each of the disclaimers on this Website and (if applicable) any additional or supplemental terms stated on the order confirmation webpage of this Website, constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any other understandings and agreements (including any terms, conditions, undertakings or collateral agreements, express, implied or statutory) between the parties with respect thereto. In the event that you apply for any credit from VCCI, you will need to agree to VCCI’s Terms and Conditions at that time. VGCA is not a party to these Terms and Conditions, which are strictly between you and Dealer.
To the extent permitted by applicable law: (i) these Terms and Conditions are governed by and construed in accordance with the laws in the Province of Ontario, Canada, without regard to its principles of conflicts of law; and subject to section 7 above (ii) you agree to personal jurisdiction by the courts located in the Province of Ontario, located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Sections 5-11 will survive any termination or expiry of these Terms and Conditions.
Dealer shall not be responsible for any failure to perform or any delay in performing any of its obligations under these Terms and Conditions where and to the extent that such failure or delay results directly or indirectly from an unforeseeable event beyond Dealer’s reasonable control, including but not limited to: acts of war; acts of nature; earthquake; flood; pandemic; embargo; riot; sabotage; labour shortage or dispute; changes in applicable laws; failure of the Internet; terrorist acts; failure of data, products or services controlled by any third party, including the providers of communications or network services; utility power failure; material shortages or unavailability or other delay in delivery not resulting from the responsible party’s failure to place timely orders therefor, or lack of or delay in transportation.
These Terms and Conditions are not assignable, transferable or sublicenseable by you. Dealer may assign these Terms and Conditions without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
The parties acknowledge having expressly required that this Agreement is to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que la présente convention soit rédigée en anglais.