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Terms & Conditions

Effective Date: April 5, 2019

WEBSITE USAGE AND INFORMATION AGREEMENT

Please read these terms and conditions of use carefully before using this site. This is a binding legal agreement (referred to herein as “Agreement”) that governs the use of this website  (referred to herein as “site” or “website”), owned by Mark 5 Automotive, Ltd. (referred to herein as “we”, “us”, “our”, or “Mark 5”) and our users or buyers (“Client”, “You” and “Your” ). By using, viewing, transmitting, caching, storing and/or otherwise utilizing the website, the services or functions offered in or by the website and/or the content and information of the website in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the website and leave the site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes.

ELIGIBILITY

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. You must be eighteen (18) years of age or older to buy any product or service offered on this website. If you are under the age of eighteen, you may contact the Mark 5 Automotive directly for assistance. The website and the materials located on or through this website are provided by us for informational purposes only. The information contained in or through this website is based upon sources believed to be accurate and reliable, and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy.

COOKIES

We employ the use of cookies. By accessing mark5.ca, you agreed to use cookies in agreement with the Mark 5 Automotive’s Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

LICENSE

Unless otherwise stated, Mark 5 Automotive and/or its licensors own the intellectual property rights for all material on mark5.ca. All intellectual property rights are reserved. You may access this from mark5.ca for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from mark5.ca

Sell, rent or sub-license material from mark5.ca

Reproduce, duplicate or copy material from mark5.ca

Redistribute content from mark5.ca

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Mark 5 Automotive does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Mark 5 Automotive, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Mark 5 Automotive shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Mark 5 Automotive reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.

CONTENT

The entire content available in this web site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds video clips, software and links to external web sites (the “Content”), is provided for informational purposes only.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;

Search engines;

News organizations;

Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

TRADE-MARKS

The names associated with the products, services, partners and suppliers mentioned in this web site may be trade-marks of either by Mark 5 Automotive, third parties, its affiliates or business partners. Mark 5 Automotive is not affiliated with or endorsed by Audi AG, Audi of America, Audi Canada, Volkswagen AG, Volkswagen of America, Volkswagen Canada, BMW Canada or any other car company mentioned or whose logos are displayed on our web page.

PRIVACY

Mark 5 Automotive believes in protecting your privacy. Any personal information you post and share on the Website will be used in accordance with our Privacy Policy.

BOOKING SERVICES

By using our website’s booking and/scheduling services you acknowledge that you accept the practices described in our Privacy Policy and all of these terms and conditions. In addition, you warrant that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement, and that all information you supply is true and accurate. Any false or fraudulent reservation/scheduling is prohibited.

PRICING AND PAYMENT TERMS

All prices are updated and explain our pricing and payment terms which allow you to use our services and obtain our services and/or products. By using this website, you signify that you have read, understood, and agree to be bound by these Pricing and Payment Terms. The prices displayed on this website are in Canadian dollars, but do not included any sales tax, unless otherwise stated.  Prices may change at any time without notice. When you make a booking/schedule, you guarantee that you have authority to accept and do accept on behalf of you or your party these conditions, and accept responsibility for making all payments to Mark 5 Automotive.

CHANGES AND CANCELLATION POLICY

Mark 5 Automotive understands that sometimes you have to cancel or change your booking/schedule, and want to make the cancellation process as easy as possible. Nevertheless, as we incur costs related to your confirmed booking/schedule, a variable non-refundable fee will be retained and/or charged to your credit card, in case of un-notified cancellation. If you ever have a question, please contact us at: info@mark5.ca. Requests for changes or cancellations must be made through our portal, phone, or our email address.

LIABILITY DISCLAIMERS

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS MARK 5 AUTOMOTIVE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING BOOKING/SCHEDULING  AVAILABILITY AND PRICING ERRORS. MARK 5 AUTOMOTIVEDO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE SERVICES, PROGRAMS AND ANY OTHER PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, SERVICE DESCRIPTIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, MARK 5 AUTOMOTIVEEXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING BOOKING/SCHEDULING MADE UNDER AN INCORRECT PRICE.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT MARK 5 AUTOMOTIVE’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT MISSTATEMENT (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE (V) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

MARK 5 AUTOMOTIVE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall we be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the site or the services or functions of the site or arising out of your access to, or inability to access, the site or your reliance upon, the site or the services, content or materials in, or functions of, the site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence).

RELEASE

By utilizing the website, all users acknowledge and agree that the indemnified parties are released, discharged and held harmless from and are not responsible or liable for any liability with respect to all aspects of the site (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys’ fees and court costs) that may occur from use of the site or the acceptance, possession, use or misuse of information, materials, services or products related thereto or acquired therefrom. We reserve the right at any time and without liability to restrict or refuse access to the site and its services, content, materials and functions to anybody.

JURISDICTIONAL

Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If the use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation.

ACCESS AND INTERFERENCE

You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party.

SOFTWARE AVAILABLE ON THIS WEBSITE

Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Mark 5 Automotive’s products, services, websites, and partners. This website is controlled and operated by Mark 5 Automotive from its office in Calgary, Alberta, Canada.

JURISDICTION AND GOVERNING LAW

This Website is operated by a Canadian entity and this Agreement is governed by the laws of the Province of Alberta. You hereby consent to the exclusive jurisdiction and venue of courts in Alberta, Canada and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

For answers to your questions contact us at: info@mark5.ca

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