Acceptance of our website Terms and Conditions of Use
The terms and conditions set out below, together with any policies, documents, and/or additional terms they reference or hyperlink to (collectively, these “Terms”), govern your use of and access to our website, its content, functionality and the services provided on it.
These Terms constitute a legally binding agreement and are entered into between you and Downtown Toyota ("Company," "we," "us," or "our").
By accessing or using our website and/or by contacting us, you accept and agree to be bound by and comply with these Terms and our Privacy Policy, found at https://www.downtowntoyota.ca/privacy-policy/.
If you do not agree to these Terms or the Privacy Policy, you must not access or use our website.
Our website is hosted on eDealer. They provide us with the website platform that lists our available vehicle inventory and services. By using our website, you also agree to eDealer’s privacy policy, which can be found at https://applications.edealer.ca/PrivacyPolicy.htm.
How you can use our website
By using our website, you represent to us that you are of the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our website.
As a condition of your access to and use of our website, you agree that you may use our website only for lawful purposes and in accordance with these Terms.
Without limiting the foregoing, you warrant and agree that your use of our website shall never violate any laws or regulations, legal rights (including, but not being limited to, copyright laws, the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability, or that otherwise may be in conflict with these Terms and our Privacy Policy found at https://www.downtowntoyota.ca/privacy-policy/
You are prohibited from attempting to circumvent and from violating the security of our website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor our website; (f) using any robot, spider, or other automatic device, process, or means to access our website for any purpose, including monitoring or copying any of the material on our website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking our website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of our website.
Modifications to the Terms and Conditions and to our website
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of our website. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The content, functionality, information, material and functionality on our website may be changed, withdrawn, or terminated at any time in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of our website is restricted to users or unavailable at any time or for any period.
Security of your personal information
The security of your personal information is important to us. When you provide us with personal information, we use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. You are responsible for obtaining your own access to our website. It is your responsibility to ensure that anyone who accesses our website through your internet connection is aware of these Terms and complies with them.
If any part of our website requires you to submit personal information, you are responsible for ensuring that the personal information submitted is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is never completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk.
When you provide your personal information on our website, you consent to all actions we take with respect to that personal information consistent with our Privacy Policy, found at https://www.downtowntoyota.ca/privacy-policy/
Intellectual Property Rights and Ownership
You understand and agree that our website and all of its contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission.
Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use our website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, in any form or medium whatsoever except your computer and browser may temporarily store or cache copies of materials being accessed and viewed.
You are not permitted to modify copies of any materials from our website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our website.
You must not access or use for any commercial purposes any part of our website or any services or materials available through our website.
If you print off, copy, or download any part of our website in breach of these Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to our website or to any content on our website, and all rights not expressly granted are reserved by us. Any use of our website not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
No Reliance
Our website displays pricing, colours, images and descriptions of available vehicles, services and parts. Although we make reasonable efforts to update the information on our website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our website is accurate, complete, or up to date.
The information on our website, including, without limitation, information about available vehicles, services and parts and their availability, is subject to change without notice and in our sole discretion.
While we make best efforts to be as accurate as we can when displaying pricing, colours, images and descriptions of available vehicles, services and parts, we may sometimes make mistakes and will make best efforts to correct those mistakes as quickly as reasonably possible.
Your use of our website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of our website.
Our website may include content provided by third parties. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of that third party. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using our website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of that personal information in compliance with our Privacy Policy, found at https://www.downtowntoyota.ca/privacy-policy/ as we deem necessary for use of our website and provision of services.
By using our website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of our website may not function adequately. For more information on this automated information gathering practices, see https://www.downtowntoyota.ca/privacy-policy/
Third-Party Websites
For your convenience, our website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed through those links or pointers. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any third-party sites and accept no responsibility for those sites or for any loss or damage that may arise from you using them. You may be subject to any terms and conditions of those third-party sites
Some links to third-party sites from our website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from our website. You may only use these features when they are provided by us and solely with respect to the content identified.
our website must not be framed on any other site, nor may you create a link to any part of our website other than the homepage without our express authorization. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use section of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Geographic Restrictions
We are based in Ontario in Canada. We provide our website for use only by persons located in Canada. our website is not intended for use in any jurisdiction where its use is not permitted. If you access our website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER SUBMISSIONS, THIRD-PARTY SITES, ANY USE OF THE WEBSITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS.
Governing Law and Choice of Forum
our website and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to our website or these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, as applicable, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Severability
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms, our Privacy Policy, our Accessibility Policy and any other Policy referred to in these Terms constitute the sole and entire agreement between you and Downtown Toyota regarding our website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at legal@dtautogroup.com.
If you have any other questions about these Terms, or other feedback, comments, requests for technical support or any other reason to contact us about our website, please contact legal@dtautogroup.com.
