Privacy Policy

ACCEPTANCE OF THE PRIVACY POLICY

Thank you for visiting www.desmeulesauto.com (the “Website”), provided to you by Desmeules Automobiles (“We”). We respect the privacy of every individual who visits the Website and are sensitive to privacy issues on the Internet. We believe it is important that you know how we deal with information received about you.

This privacy policy (the “Privacy Policy”) explains how we collect, use, disclose, and protect the personal information of our customers and Website users ("you"), describes the types of information we may collect from you or that you may provide to us, and our practices for collecting, using, maintaining, protecting, and disclosing that information. We do not knowingly collect personal information directly from children under the age of 13; the Website is for general audiences and is not specifically targeted to or intended for use by children.

We will only use your personal information in accordance with this Privacy Policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes. Privacy laws in Canada generally define "Personal Information" as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person.

By accessing or using the Website, you are accepting the practices described in this Privacy Policy, and you are consenting to our processing of your information as set out in this Privacy Policy. We may modify or update this Privacy Policy from time to time; if we change this Privacy Policy in a manner that materially impacts your privacy rights, we will provide a notice to you. Your continued use of the Website or our services after any modification to this Privacy Policy will constitute your acceptance of such modification. However, when required by law, we will confirm your consent to the revised Privacy Policy terms. This Privacy Policy is incorporated into and considered a part of the Website Terms and Conditions of Use, located at www.desmeulesauto.com/en/en/terms-of-use.

WHAT INFORMATION WE COLLECT

We collect and use several types of information from and about you, including:

Personal Information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, email address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, billing and account information, and any other identifier we may use to contact you online or offline.
Non-personal information is information that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Website feature.
Usage information, including your login information, Internet Protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating systems and platforms, or information about your Internet connection, the equipment you use to access the Website, and usage details.
Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), click stream to, through and from our Website (including dates and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

HOW WE COLLECT THE INFORMATION

Information You Provide to Us

The information we collect directly from you may include:

In-Store: When you visit one of our stores, we may ask you for certain information while you interact with one of our representatives. This may include contact information, payment information, product information and other information you provide when you purchase a vehicle or service from us, and when you finance your lease or purchase through our partners, including your name, email address, address, phone number and financial information.
Online Accounts: If you sign up for an online account through the Website, we may ask you to provide your username, password, email address, phone number, payment card information, product preferences, past purchases.
Marketing Communications: If you would like to receive marketing communications from us, you may do so by signing up on the Website or in our stores. We will ask you to provide your email address or phone number so we can send you marketing materials.
Communicating with us: When you contact us about a customer service issue, or to make other inquiries, we collect the content of those communications, and any additional information about the method of communication such as phone, SMS, email, chat, or through social media platforms. For example, if you email us, we will collect your email address, if you send us a text message, we will collect your phone number, and so on.
Loyalty & Rewards Programs: If you enroll in a loyalty or rewards program, we collect information such as your name, email, telephone number, or mailing address in order to track your rewards and allow you to redeem them across our brands.
Other information you provide online: This includes information provided when you subscribe to our service, post material, or request further services, such a quote. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.

Information We Collect While You Interact With Us Through Cookies and Other Automatic Data Collection Technologies

As you navigate through and interact with the Website, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website as well as information about your computer and Internet connection, including your IP address, operating systems, and browser type.
We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking). To learn more or to opt out of tailored advertising, please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioural tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioural tracking.
The information we collect automatically is statistical data and does not include Personal Information. However, we may maintain it or associate it with Personal Information we collect in other ways that you provide to us, or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to: estimate our audience size and usage patterns, store information about your preferences, allowing us to customize the Website according to your individual interests, speed up your searches and recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.
Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings that are used for browser cookies.
Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that allow us, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Information We Collect About You From Third Parties

We may receive Personal Information about you from various third parties and public sources, such as credit card issuers, financial partners and data analytics firms. We may collect information about you in connection with investigations into fraudulent or criminal activities on the Website and in our stores. We may also collect information from other sources, including for example, joint marketing partners, data analytics firms, public databases, publicly available social media pages, and other third parties we work with.

Google Analytics. We use Google Analytics and web analytics services provided by Google Inc. to help us measure traffic and usage trends. Google Analytics sets a cookie to evaluate your use of the Website and compile reports for us on activity on the Website to help us understand how visitors engage with the Website and track visitor interactions. Google Analytics collects information anonymously and without identifying individual visitors. Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google states that it will not associate your IP address with any other data held by Google. By accessing this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Google Analytics uses its own cookies to store information, such as what time the visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser https://tools.google.com/dlpage/gaoptout?%22%20%5Ct%20%22_blank, which prevents Google Analytics from collecting information about your website visits. Learn more about the Google Analytics Opt-out Browser Add-on and other Google Analytics privacy information https://support.google.com/analytics/answer/6004245.
Facebook Conversion Tracking Pixel. We also use Facebook Pixel. This tool allows us to understand and deliver ads and make them more relevant to you. The collected data remains anonymous, and we cannot see the personal data of any individual user. However, the collected data is saved and processed by Facebook. Facebook may be able to connect the data with your Facebook account and use the data for their own advertising purposes (in accordance with Facebook’s Data Use Policy found under: https://www.facebook.com/about/privacy/. Facebook has ultimate control of the information gathered through Facebook Pixel. You can opt out of Facebook’s use of cookies and Facebook Pixel through settings on your Facebook Account.
Microsoft Bing UET. Our Website also uses Bing Ads' technology to collect and store data to create usage profiles using pseudonyms. This is a service of Microsoft Corporation. This service allows us to track activity on our Website of users that reached our website through advertisements by Bing Ads. If you reach our Website through such an ad, a cookie will be placed on your computer. There is a Bing UET tag integrated on our Website. This is a code used to store some non-personal information in connection with the cookie about the use of the Website. This includes, among other things, the time spent on the Website, which areas of the Website were accessed and the ad that brought users to the website. Information about your identity will not be collected. The collected information is transmitted to Microsoft servers in the USA and stored there for a maximum of 180 days. You can prevent the collection of data generated by the cookie and related to your use of the Website as well as the processing of this data by deactivating the storage of cookies. This may limit the functionality of the site. In addition, through cross-device tracking, Microsoft may be able to track your usage behaviour across multiple of your electronic devices, enabling it to display personalized advertising on or in Microsoft websites and apps. You can disable this at http://choice.microsoft.com/en-us/opt-out. For more information about Bing's analytics services, visit the Bing Ads Web site (https://help.bingads.microsoft.com/#apex/3/en/53056/2). For more information about privacy at Microsoft and Bing, see the Microsoft Privacy Policy (https://privacy.microsoft.com/en-us/privacystatement).

Information We Create Ourselves

We may aggregate and/or anonymize Personal Information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose. For example, we may calculate the percentage of our site users who have a particular telephone area code.

HOW WE USE YOUR INFORMATION

We use your information, including your Personal Information, to manage our business and to maintain and develop commercial relationships with you. We will collect, use, and disclose such information only to the extent that is necessary for those purposes.

We use information that we collect about you or that you provide to us, including any Personal Information:

To present the Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it, such as facilitating the administration of your purchases, lease, warranty, maintenance program and any recall notices.
To provide you with notices about your account.
To carry out our obligations and enforce our rights arising from any contracts with you or to comply with legal requirements.
To notify you about changes to the Website or any products or services we offer or provide through it.
To improve the Website, products or services, marketing, or customer relationships and experiences.
To allow you to participate in interactive features, social media, or similar features on the Website.
To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

HOW WE SHARE YOUR INFORMATION

We will not rent or sell your information to third parties without your consent. We only share your data as specifically provided into this Privacy Policy.

Sharing With Our Partners

We may provide your data, including your Personal Information, to our affiliated companies and brands, to third parties who provide services to you or us, such as Solutions Medias 360 Inc., who developed and operates this Website, to promotional partners, to social media companies, or to other third parties as needed to carry out our business, or comply with a legal obligation.

We may share, as the case may be and only after having obtained your explicit prior authorization, certain information about you with the manufacturer or any financial institution involved in your acquisition of a vehicle. Please note that each such establishment sets forth its own privacy policy and we disclaim any liability relating to such policies.

Other Disclosures

In addition to any disclosure you may have consented to or permitted under the terms of this Privacy Policy, we may transfer your data, including Personal Information to third parties in the following limited circumstances: 1) information you expressly consent to be shared; 2) when relating to anonymized information (individuals cannot be identified by it); 3) when you decide to make the information indexable by search engines, to share or to distribute the information to people or otherwise to make it available to the public; 4) to satisfy any applicable law, regulation, legal process or enforceable governmental request within or outside your country of residence when we have a good faith belief that the law requires it; 5) to enforce this Privacy Policy, the Terms, or an agreement, including investigation of potential violations thereof; 6) to detect, prevent, or otherwise address fraud, security or technical issues, or protect the operations or you; 7) to protect our rights, property or safety as well as yours, the public, or others; 8) in connection with an acquisition, merger, change in control, debt financing, reorganization, sales of assets, bankruptcy or other change of our’ corporate structure or status; or 9) as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate need.

HOW WE STORE AND SECURE YOUR INFORMATION

Information Security.

We are committed to protecting the confidentiality, integrity, availability and privacy of your Personal Information. We have put appropriate physical, technological and procedural security measures in place designed to help prevent your Personal Information from being lost, used, modified or accessed in an unauthorized way, or improperly disclosed. Examples of such measures include restricted access to offices, training of personnel, using passwords and well-defined internal policies and practices. We also use encryption technology and Secure Socket Layers ("SSL") in all areas of the Website where your personal account information is required, which means the Personal Information you submit to us via the Website is encrypted by your computer and decrypted again on our side. Your personal account information and transaction history are kept behind a firewall.

In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need-to-know. They will be required to process your Personal Information only on our instructions and they are subject to an obligation of confidentiality. Our service providers are required to maintain adequate security protections in place designed to help safeguard your Personal Information and are not permitted to use it for any purpose other than fulfilling services to us.

Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Any transmission you provide is at your own risk. Once we have received your information, we will apply our security practices to try to prevent unauthorized access, use and/or disclosure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “How to contact us” section below.

Information Retention.

We will retain your Personal Information for as long as it is needed: 1) to provide the products and services that you have requested; 2) to communicate with you about a purchase or a request you have made to us; 3) to manage your choices and rights you have exercised pursuant to this Privacy Policy; 4) to enable you to maintain an account with us; 5) to comply with our legal and regulatory obligations and to demonstrate compliance, 6) to resolve disputes and to enforce our rights and agreements.

We may retain non-personal information that has been sufficiently aggregated or anonymized for a longer period.

Once the retention period is over, we will dispose of your Personal Information as provided for in our internal data retention and disposal policy.

Where We Store Information.

We use facilities operated by "Amazon Web Services and located in Canada" as our information storage and processing infrastructure. By providing us with any Personal Information, you understand that your information may be transferred, processed, or stored outside of Canada, which may have a different data protection regime from Canada. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information. Our service providers may, from time to time, also hold your Personal Information in connection with purposes included in this Privacy Policy.

YOUR ACCOUNT INFORMATION AND PROFILE/PRIVACY SETTINGS:

You can:

Update your account at any time by logging in and changing your profile settings.
Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications or by sending an email to andre.desmeules@desmeulesauto.com. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, technical and security notices).

OTHER WEBSITES AND SERVICES - THIRD PARTY PAYMENT SERVICE.

This Website contains links to other websites. They are provided for reference purposes only and may have practices and policies of confidentiality that are different from ours. We are not responsible for, and this policy does not address, the privacy practices of these other third parties, such as Ford Facebook, Apple, Google, Microsoft, or any other app developers or social media platforms. If you wish to use one of these services, your personal information will be collected by such third party and will be subject to the third party’s privacy policy. Please check the privacy policies published on any third-party sites which you may access through the Website before submitting Personal Information to them. We have no control over, and are not responsible for this third party’s collection, use, and disclosure of your personal information.

GOVERNING LAW

The Website is operated from Montreal, Province of Quebec, Canada by Solutions Medias 360 Inc. on behalf of Desmeules Automobiles. Any conflict between you, us or Solutions Medias 360 Inc is therefore subject to the laws applicable in the Province of Quebec and the applicable laws of Canada. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec in respect of any action or proceeding arising out or related to the Website.

HOW TO CONTACT US

If you have any questions about this Privacy Policy, you can contact us at 1-418-233-2490 or send us an email at andre.desmeules@desmeulesauto.com.

Acceptance of the Website Terms and Conditions of Use.

Thank you for visiting www.desmeulesauto.com (the “Website”), provided to you by Desmeules Automobiles (the “Dealership”) and operated by Solutions Medias 360 Inc. (“SM 360”) (the Dealership and SM360 are referred as “we”). By accessing or using the Website, you (“you”) agree to be bound and to comply with the terms and conditions set forth below (the “Terms”) and the Dealership Privacy Policy, found at www.desmeulesauto.com/en/privacy-policy incorporated herein by reference. If you do not wish to be bound by the Terms, we ask that you do not access the Website. By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the 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 the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications, and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website and Account Set Up and Security

The Website, including content or areas of the Website, may require user registration. During the sign-up process for your account, you will be asked to create a password, we will ask you for certain information and we will capture other information through your usage and information that you otherwise provide to us with your consent. Please read the Privacy Policy regarding how the Dealership collect, use, disclose, store, protect and process that information. By providing this information, you represent that the information is accurate and that you will keep that information up to date at all times. You may not have more than one active account open with the Dealership at any one time. Only you may use your account and you may not transfer to (or allow use by) any other person. You may only open an account if you are 16 years or older. PLEASE SAFEGUARD YOUR USER NAME AND PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF YOUR ACCOUNT, USER NAME, OR PASSWORD. YOU REPRESENT THAT YOU WILL USE THIS ACCOUNT ONLY FOR LAWFUL PURPOSES, FOR YOUR PERSONAL USAGE AND ONLY IN ACCORDANCE WITH THESE TERMS. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such a person presents your username and password or provides other appropriate account identifying information to us. We are not responsible or liable for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. To cancel your account, please contact us at 1-418-233-2490. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifiers, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

You are prohibited from attempting to circumvent and from violating the security of this 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 Website owners' ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the 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 the Website.

The security of your personal information is very important to the Dealership. Unfortunately, the transmission of information via the internet is not completely secure. Any transmission of Personal Information is at your own risk.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (the “Information”), are owned by SM360 or the Dealership, their 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. Except in the case where we have specifically granted someone a written licence to use the Information, no licence or right, expressed or implied, is granted to any person or user of the Website. More specifically, no right, title or interest in any Information, including without limitation any logos of other marks of SM360 or the Dealership, is transferred to you as a result of your use of the Website, and SM360 and the Dealership reserves complete title and full intellectual property rights in and to such Information. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this 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 the 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 the Website, in any form or medium whatsoever, except: (a)your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

Content Published by Users of the Website

Certain functions on the Website allow you to publish content on the Website, for example comments, which will automatically be added on the Website to form an integral part thereof. The discussion forum or the comments on the Website are not moderated. It is always recommended not to publish personal information on the Website, other than personal information that is communicated through the appropriate forms.

By publishing content or any other information to or from this Website, you automatically grant us a royalty-free, perpetual, irrevocable and non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, without any time or territory limitations, and allow us to sublicense such rights to third parties.

Any conduct from you that, at the sole discretion of SM360 or the Dealership, causes harm to any other user or prevents him from using or visiting the Website is strictly forbidden. You must not use your profile to advertise or otherwise solicit other users of the Website. Your use of the Website is conditioned on your compliance with the following rules of conduct: you agree you will not, among other things:

Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right;
Use the Site for any fraudulent or unlawful purpose or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offence or that encourages or provides instructional information about illegal or potentially illegal activities;
Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site;
Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity or any other form of solicitation;

Website Monitoring and Enforcement, Suspension and Termination.

We have the right, but not the obligation, to supervise the content published on the Website at any time in order to determine users’ compliance with the present Terms, and with applicable laws, regulations or to comply with authorized government request. Without limiting the foregoing, we have the right, but not the obligation, to remove any material that we consider, in our sole discretion, to be in violation of the Terms set forth herein or otherwise unacceptable.

We have the right, without provision of notice to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

We may terminate the contract binding us to any user at any moment. We have the right to terminate or immediately suspend access to the Website or the password and username of any user following any conduct that we consider unacceptable or if a user violates any of the Terms.

No Reliance

The content on the Website is provided for general information purposes only. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. Your use of the Website is at your own risk and neither the Dealership nor SM360 have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. Licensees and suppliers have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Geographic Restrictions, Pricing and Product Information

All information and material indicated on this Website apply to the Canadian market only. All pricing is in Canadian dollars and the vehicles and services described are offered for sale in Canada only. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. The pricing, quote and other financial information on this Website are for information only and are subject to change at any time without obligation.

The pricing, quote and financial information may vary from provinces and territories and may not be up to date or accurate. The MSRP is the Manufacturer Suggested Retail Price and excludes all other amounts related to a vehicle purchase, such as pre-delivery inspection, freight, any applicable taxes and industry-specific taxes such as air conditioning excise tax and tires taxes. Any calculation of any price, tax or finance rates is an estimate for your information only and may not be accurate.

All orders, purchases or transactions for the sale of goods or services made using this Website are subject to their respective terms and conditions of sale that will be provided to you before your purchase. Additional terms and conditions may be applicable to parts or features of this Website, and are hereby incorporated by reference into these Terms and Conditions. The promotional programs described on this Website are only available to the provinces and territories that are indicated on the specific terms and conditions of such programs.

Product information is for information purposes only and, although all efforts are made to display products (including their colours) as accurately as possible, sometimes your computer and monitor settings can affect what you see when you look at the Website. The vehicles shown on this Website are for general illustration only and may differ from the real vehicle. Consequently, we cannot guarantee you will accurately be able to see the actual colours and specific features in every case. The technical information, opinions, recommendations and other information made available on the Website regarding particular products, are provided for convenience only and may not be relied upon as addressing your particular needs and circumstances.

Some products or services mentioned on the Website may not be available.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may rise from your use of them. You are subject to any terms and conditions of such third-party sites. If you use a service through this Website provided by a third party, please consult the terms provided by the third party.

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 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 DEALERSHIP, SM 360 NOR THEIR RESPECTIVE 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.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE DEALERSHIP, SM 360 NOR THEIR RESPECTIVE 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 (INCLUDING NEGLIGENCE), 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 EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Dealership, SM360, their respective 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 attorneys’ 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 Jurisdiction

The Site is operated from Montreal, Province of Quebec, Canada. Any conflict between you, the Dealership or SM360 is therefore subject to the laws applicable in the Province of Quebec and the applicable laws of Canada. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec in respect of any action or proceeding arising out or related to the Website.

Other Conditions

The Terms, including all documents that they refer to, constitute the sole and entire agreement between SM360, the Dealership and yourself as to the purpose of these Terms. The fact that SM360 and the Dealership do not ask for nor obtain the strict fulfillment of a condition of the Terms shall not be interpreted as the relinquishment on their part of this condition or other rights. The fact that one of the conditions of the Terms herein is declared void, invalid or not enforceable by law by a court of competent jurisdiction shall not affect the other terms of this legal disclaimer.

Contact

If, for any reason, you wish to know the nature and extent of the Personal Information that concerns you and which are stored in our database, please fill out this form and provide us with the purpose of your request and we shall see to reply within 30 days as provided by law. Should you thereafter wish that we delete parts of or all of said Personal Information, you may ask us to do so, with the understanding that this may affect our ability to provide you with information, products, or services that you may thereafter request from us.

You can contact us at 1-418-233-2490 or send us an email at andre.desmeules@desmeulesauto.com.