Terms of Use

Simply Cars – Terms of Use 

Last Updated [03-27-2022]. 

Acknowledgement

Welcome to the Simply Cars website (the “Website”) operated by Grey Matter Data Inc. (“Simply Cars”)

Simply Cars helps you purchase all types of vehicles by connecting you with automotive dealers, financial institutions, and others (respectively, “Dealers” and the “Service”).

Your access to and use of this Website and Service is conditioned on your acceptance and compliance with these Terms of Use.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE ANY OF THE WEBSITE AND/OR THE SERVICE.

Your access to and use of the Service is also conditioned on agreeing to the Website’s Privacy Policy . Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website. Please read our Privacy Policy carefully before using the Website, and entering any of your personal information. 

Representations and Eligibility

You must be 18 years of age or older to use the Website and/or the Service. Any application is void where prohibited. By using the Website and/or the Service, you represent and warrant to Simply Cars that you have the right, authority, and capacity to enter into this agreement and to abide by all of its terms. You agree that any information you provide to us is accurate and complete, and can be relied upon by Simply Cars and Dealers. 

Duration

These terms will remain in full force and effect while you use the Website and the Service. You may terminate your application at any time, for any reason by following the termination procedures set out in the Website or upon receipt by Simply Cars of notice of termination from you in writing or by email. Simply Cars may terminate your use of the Website or Service for any reason at any time without notice to you. Following termination for any reason whatsoever, you agree to remain bound by these terms and conditions.

Use of Service

You agree that Simply Cars has no responsibility or liability for the deletion, corruption or failure to store any publicly or privately displayed content, messages, photos, videos, profiles, text or other written or graphical content, materials or communications maintained or transmitted on the Website or by the Service. Your use of the Service is subject to any limitations, conditions and restrictions established by Simply Cars from time to time and Simply Cars may alter, suspend or discontinue any aspect of the Service at any time including the availability of any Service feature, database or content and Simply Cars may impose limits on certain features and aspects of the Service (or restrict your access to all/parts of the Service) from time to time without notice or liability.

Proprietary Rights

Simply Cars owns all proprietary rights, title, and interest in its Website, Service, and related software. The material, trademarks, and other proprietary information are copyrighted and owned by Simply Cars and its licensors. Third parties' trademarks, logos, service marks, company/product names set forth in the Website are owned by their respective owners. You are not allowed to copy, modify, publish, transmit, re-transmit, distribute, perform, display, or sell any proprietary information from the Website without express written permission from Simply Cars.

Disclaimers

To the greatest extent permitted by law, Simply Cars assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, data, or user information. Simply Cars is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, browser or other software, failure of email on account of technical problems or traffic congestion on the internet or at any Website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Both the Website and the Service are provided on an "as is" basis and Simply Cars expressly disclaims any kind of express, implied or statutory warranty or condition including warranties as to merchantability or fitness for a particular purpose or non-infringement. Simply Cars does not and cannot guarantee or promise that any user will achieve or realize any specific result(s) from use by such user of the Website and/or the Service. Simply Cars does not warrant that your use of the Website or the Service will be secure, uninterrupted, always available, error-free or will meet your requirements or that any defects in the Service will be corrected and Simply Cars disclaims any liability for, and no warranty is made with respect to, connectivity and availability.

Limitations and Exclusive Remedies

To the maximum extent permitted by law, in no event will Simply Cars, its directors, officers, employees, shareholders or representatives be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages (including, without limitation, lost profits, loss of data or programs, cost of procurement of substitute services, service interruptions or physical, emotional or other damages) arising from your use of the Website, the Service or the software used to provide the Service or the inability to use same, even if Simply Cars or its agents have been advised of the possibility of such damages. If you are dissatisfied with the Website and/or the Service or with these terms and conditions, your sole and exclusive remedy is to discontinue using the Website and/or the Service.

Jurisdiction

Any disputes arising involving these terms and conditions or your use of the Website and/or the Service will be exclusively governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict of law provisions. You expressly consent to the exclusive forum, jurisdiction and venue of the court of Ontario and/or the Federal Court of Canada in Toronto, Ontario. The parties specifically agree that the performance of this Agreement, in all its respects, does not take place outside the jurisdiction of the Province of Ontario, Canada.

Indemnification

You agree to defend, indemnify and hold harmless Simply Cars, its subsidiaries, affiliates, shareholder, directors, officers, agents, partners, licensors and employees, from any loss, liability, claim, cost, expense, suit, action, proceeding or demand (including reasonable legal fees and disbursements), made by any third party due to or arising out of your use of the Website and/or the Service, in violation of these terms or applicable law.

Amendments

SIMPLY CARS RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO AMEND, MODIFY OR VARY (COLLECTIVELY, "AMENDMENTS") THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME AND SUCH AMENDMENTS SHALL BE EFFECTIVE UPON POSTING OF SUCH AMENDED TERMS AND CONDITIONS ON THE WEBSITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS OF THE WEBSITE PERIODICALLY TO BE AWARE OF SUCH AMENDMENTS AND YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH AMENDED TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY AMENDMENTS, YOU SHOULD TERMINATE YOUR USE OF THE WEBSITE AND THE SERVICE.

Notices

Simply Cars reserves the right to provide notice to you, from time to time, either by mail, e-mail or posting on the Website.

Functional Equivalency

You agree that electronic pages accessed by you on the Website are written documents and that by electronically acknowledging by "clicking" any "buttons" stating "OK" or "I Accept", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with Simply Cars for their content. You accept any records or documents stored or produced by Simply Cars through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic and binding on you.

Other Sites

The Website may include links to other websites or resources and businesses operated by other persons or entities (collectively, "Other Sites"). Other Sites are independent from Simply Cars, may have different or inconsistent privacy policies or terms of use and services provided by such persons or entities and may be provided under different terms and conditions. Simply Cars has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Simply Cars does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Simply Cars arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Simply Cars the provisions of this Agreement under the section headed Disclaimers, Limitation and Exclusive Remedies, and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

Miscellaneous

This Agreement together with any rules, policies, privacy policies, guidelines or other agreements, which are hereby accepted by you upon use of the Website and/or using the Service, contains the entire agreement between you and Simply Cars regarding the use of the Website and/or the Service. No waiver by either Simply Cars or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. You do not have the right to assign this Agreement or any of your rights to use the Service to anyone. Simply Cars expressly reserves the right to assign all or any rights or duties under this Agreement to any third party and, in such case, Simply Cars shall be relieved of any and all liability under this Agreement.