Terms and Conditions of Use, Privacy and Refund Policies

Terms and Conditions of Use

May 1st 2014

By using this website, you agree to abide by these terms and conditions of use (hereinafter referred to as the "Conditions"). If you refuse, please do not visit this site. We reserve the right to modify or revise these Conditions from time to time. Please visit this page each time you visit this website or those of our respective partners to keep you informed of the Conditions in force.

1.0 Ownership and Operation of Website

This website belongs to D2C Media Inc., company incorporated under and subject to the laws of the province of Quebec, having its principal place of business at 995 Wellington, Suite 240, Montreal (Quebec) H3C 1V3. Your use of this site confirms your acceptance to be bound by the terms and conditions herein and to act in accordance with them.

2.0 Links

For your convenience and pleasure, this site may contain links to websites not directly owned by D2C Media. Please note that the content of these websites cannot be controlled or influenced by D2C Media. Moreover, D2C Media cannot be held responsible in any way for the content of these websites or for any consequences related to their use. In the event that you decide to order goods or services on these websites, please be informed that D2C Media is not involved in these transactions and assumes no direct or third party liability related to these transactions.

3.0 NO WARRANTY

D2C MEDIA MAKES NO REPRESENTATIONS AND PROVIDES NO GUARANTEES AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE ANY SUCH INFORMATION. D2C MEDIA FURTHER ASSUMES NO LIABILITY WITH RESPECT TO ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE. EVERYTHING PROVIDED ON THIS WEBSITE IS DONE SO ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN THE EVENT OF A DIFFERENCE BETWEEN THE SPECIFICATIONS OF ANY PRODUCTS AND SERVICES HEREIN OFFERED AND THE SPECIFICATIONS PROVIDED BY THE MANUFACTURERS OF SAID PRODUCTS AND SERVICES, THE SPECIFICATIONS PROVIDED BY THE MANUFACTURERS TAKE PRECEDENCE. RESPONSIBILITY FOR VALIDATING THE ACCURACY OF ALL SPECIFICATIONS BEFORE CONCLUDING A TRANSACTION RESTS WITH THE USER.

4.0 Limitation OF Liability

USE OF THIS WEBSITE IS AT THE USERS SOLE RISK. IN NO EVENT WILL D2C MEDIA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING EQUIPMENT DAMAGE, LOSS OF DATA OR FINANCIAL LOSS ARISING FROM ACCESS OR USE OF THIS WEBSITE OR ANY RELATED WEBSITES. WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND.

THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR REFERENCE ONLY AND SHOULD NOT BE INTERPRETED AS AN OFFER TO SELL PRODUCTS OR SERVICES FROM D2C MEDIA OR ITS AFFILIATES. ERRORS OR OMISSIONS MAY OCCUR. IN THE EVENT THAT THIS WEBSITE ALLOWS FOR THE SALE OF ANY PRODUCTS OR SERVICES, SPECIAL CONDITIONS WILL APPLY TO THESE TRANSACTIONS. PLEASE READ THE TERMS OF THESE SPECIAL CONDITIONS BEFORE YOU CONCLUDE ANY TRANSACTION.

5.0 Intellectual Property

Please note that it is D2C Media's policy to protect its intellectual property rights to the fullest extent provided by law, including seeking criminal sanctions. The trademarks and service marks and logos (collectively, the 'IP') displayed on this site are registered and unregistered trademarks owned D2C Media or its subsidiaries or are licensed to or by D2C Media or its subsidiaries. Nothing in this website should be construed as granting, implicitly or otherwise, any license or any intellectual property rights without the express written permission of D2C Media. In addition, any reproduction, retransmission, modification or use of the contents of this site for commercial purposes or other non-personal use requires the prior written consent of D2C Media.

6.0 Password and Security

To access certain sections of this website and use it, you will be required to use a user name and a password. It is your responsibility to ensure that you don't reveal your user name or password and that you don't allow anyone else to access your account in your place. You agree to immediately inform D2C Media Inc. of any unauthorized use of your account or any attempt to bypass your account's security that you may become aware of.

Even though we take reasonable measures to protect information that is shared with us, D2C Media does not in any way guarantee that information transmitted through your account will remain confidential. It is therefore recommended that users not use their accounts to transmit sensitive or confidential information. Any information provided is strictly at your risk and peril and D2C Media and its affiliates will not in any way be held liable for this disclosure.

7.0 Governing Law / Jurisdiction

Use of this website and any information contained herein, including links to third party websites, Conditions of use and Privacy Policy will be governed and interpreted in accordance with the laws in effect in Canada and in the province of Quebec and the competent courts of Montreal will have exclusive jurisdiction over any proceedings.

Privacy Policy

D2C Media's Privacy Policy applies to all of the services offered by D2C Media and/or its affiliated companies. These Services may be located on our websites or on third party websites and/or applications. The instances in which D2C Media collects, uses and discloses personal information are described in this Privacy Policy.

Because D2C Media values its users and their concerns about privacy, the company engages in consistent information practices and uses its best efforts to make clear disclosures regarding our privacy practices.

Use of our website implies that you have accepted the conditions of our Privacy Policy, as disclosed herein. If you do not agree with any of the conditions of this Privacy Policy, please immediately cease using this website.

1.0 Types of Information Collected

When you consult our website, we do not collect any personally identifiable information such as your name, address, telephone number, social insurance number, billing and shipping information, credit card information or your email address unless this information is voluntarily provided.

In certain cases, we may require some personal information such as your name, address, telephone number and email to present you with different offers or advertising programs and to provide you with access to certain services such as auto listings, warranty or financing offers, participation in contests or to send us emails.

In order to provide some of our services, we may also need to collect the following types of non-personal information:

Cookies : When you visit a site owned by D2C Media or one of our partner sites, we send one or more cookies to your computer. These cookies contain identification information that enables us to see how our users are interacting with our services, their navigation history on our site, and helps us to streamline their experiences. Cookies also let us know about repeat visitors to our sites or partner sites and if we are delivering quality products and services.
Log Information : Each time you use our services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User Communications : When you send email or other communication to D2C Media, we may retain your communications in order to process your inquiries, respond to your requests and improve our services.
Affiliated Sites : We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to D2C Media in order to deliver the service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
Links : D2C Media may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our customized content and advertising.

As required, we may combine your account information with information from other D2C Media services or from third parties in order to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

2.0 Use of Information Collected

D2C Media only processes personal information for the purposes described in the Privacy Policy. D2C Media does not rent, sell or share personally identifiable information about our websites' visitors. However, D2C Media may share this information with selected partners, vendors, agents or others who work on our behalf, in order to provide our products and services to users or for the following reasons:

when we have your permission;
for auditing, research and analysis in order to maintain and improve our services;
to ensure the technical functioning of our network; and
to develop new services.

D2C Media may share information about you in the event that the company is acquired by or merged with another company or if the company sells or otherwise transfers substantially all of its assets. In this event, you would be notified before information about you is transferred and becomes subject to a different privacy policy.

Please note that we may also share information in the event that we are asked to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, or as otherwise permitted by law.

In addition, we may share with third parties certain pieces of aggregated information, such as the number of users who searched for a particular vehicle model, for example, or who have clicked on a particular advertisement. Such information does not identify you individually.

If you have provided us with personal information via this website or if someone else has provided us with your personal information via this site or any related partner site and you would like this information to be deleted from our databases, please send us an email with your request to [email protected].

3.0 Sensitive Personal Information

When you sign up for a particular service that requires registration, we may ask you to provide Sensitive Personal information. We will not collect or use Sensitive Personal information (which includes information we know to be related to confidential medical information, racial or ethnic origins, political or religious beliefs or sexuality and tied to personal information) for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.

You can decline to submit Sensitive Personal information to any of our services, in which case D2C Media may not be able to provide those services to you.

4.0 Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to D2C Media employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

5.0 Links

This website may contain links or references to other websites that are not under our direct control. Be aware that we do not exercise any control over these sites and our Privacy Policy does not apply to these sites.

6.0 Changes to this Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will notify you about significant changes in the way we treat personal information by placing a prominent notice on this site.

7.0 General

This Agreement will be governed and interpreted in accordance with the laws in effect in Canada and in the province of Quebec and the competent courts of Montreal will have exclusive jurisdiction over any proceedings. This Agreement, and any modifications thereof, constitutes the entire agreement between the parties with respect to the subject matter hereof.

Refund Policy

D2C Media will not refund clients whose contact information has been improperly entered or who have made mistakes in their listings. It is possible to reach the service department at D2C Media to request assistance in order to correct any errors in the content of your product or service offering.

D2C Media's products and services do not in any way guarantee any specific goal or outcome that you have determined. No compensation will be provided by D2C Media and the company will not be held responsible when the listing of your offering does not generate the results envisioned. The listing fees paid do not provide you with any guarantee that the investment made will be profitable, directly or indirectly.

All clients, satisfied or not with the results or lack of results and/or with the financial costs related to the purchase of any of D2C Media's products or services, will not be eligible to receive a refund. Accordingly, the moment your listing or product or services offering is advertised on Browsecars.ca, you will no longer be able to receive a refund of your purchase

If you have any questions about these Terms and Conditions of Use, this Privacy Policy or Refund Policy, please feel free to contact us at (514) 303-1310 or write to us at 995 Wellington, Suite 240, Montreal (Quebec) H3C 1V3.

This Agreement has been drawn up and executed in the English language at the request of the parties. La présente convention a été rédigée et exécutée dans la langue anglaise à la demande des parties.

Terms and Conditions of Use, Privacy and Refund Policies