MCLAREN TORONTO
TERMS OF USE
Please read the following carefully.
IMPORTANT!
Please read these Terms of Use carefully before using our Site OR PURCHASING OUR PRODUCTS.
These Terms of Use govern your use or purchase merchandise on our website including our mobile site (the “Site”) which are owned, operated and provided by 2254966 Ontario Inc. o/a McLaren Toronto (“McLaren Toronto”, “we”, “our”, “us”). Any person who wishes to use our Site OR PURCHASE OUR PRODUCTS must accept these Terms of Use without change. by using our site OR PURCHASING OUR PRODUCTS, you are indicating your acknowledgment and acceptance of these terms of use and all related policies and guidelines of this site, including our privacy policy, as described in these terms of use are incorporated by reference.
1. Modifications to Terms of Use
We may change these Terms of Use or any other policies or guidelines governing our Site or our Products at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our Site. Your use of our Site will be subject to the most current version of the Terms of Use posted on our Site at the time of such use. Your continued use of our Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly. if you do not agree to any changes to these terms of use, please immediately discontinue your use of our site.
2. Privacy Policy
Please click here to read and review our Privacy Policy [insert link], which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy [insert link] on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy [insert link]. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to our Privacy Policy [insert link].
3. Your Registration Obligations
(a) We may at times require that you register and/or set up an account to use certain portions of our Site. In order to do so, you may be provided, or required to choose, a password, username, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information”). You represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site. If we believe that the Registration Information that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Site or to purchase our Products.
(b) You are solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
(c) If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available, or by notifying us at privacy@pfaffauto.com or as described in our Privacy Policy. We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.
4. Restrictions on Use
(a) Except as expressly provided for in these Terms of Use, McLaren Toronto reserves all rights, title and interest in and to the Site, including all intellectual property and other proprietary rights.
(b) You may not and may not authorize any other party to: (i) co brand our Products; (ii) frame our Site; or (iii) hyperlink to our Site, without the express prior written permission of an authorized representative of McLaren Toronto. For purposes of these Terms of Use, “co branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Products or which may confuse a user as the nature of the relationship between us and any party. You agree to cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.
5. Products
From time to time you may purchase products from McLaren Toronto through our Site (“Products”). All orders and purchases of Products made through our Site are subject to the following conditions:
(a) You are agreeing to and entering into a complete and binding contract with McLaren Toronto. You are responsible for providing complete and accurate contact information to us and for notifying us of any changes to such information to marketing@pfaffauto.com.
(b) All prices listed on this Site are in Canadian dollars and, unless otherwise stated, do not include applicable taxes. All charges will be processed in Canadian dollars, unless stated otherwise.
(c) While McLaren Toronto takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. McLaren Toronto may correct errors or inaccuracies and change or update information on the Site at any time without notice, including in respect of prices and availability of Products.
(d) You may only purchase or order Products for non-commercial and lawful purposes and any other use is not permitted, unless you have received prior written consent from McLaren Toronto.
(e) The online order form that is used by McLaren Toronto at the time of purchase (the "Order") will specify the Products that you are purchasing from McLaren Toronto.
(f) You must have reached the age of majority (the age at which you are considered by law to be an adult) in your own jurisdiction to purchase Products from the Site.
(g) If you are purchasing Products with a credit card, you must be an authorized representative of the company. If the Products are for a child under 18 years of age, you represent and warrant that you are the parent or legal guardian of the child for whom the Products are purchased.
(h) You agree to pay for all charges noted in your Order as payable by you. You are responsible for fees associated shipping and handling your Order and any applicable duties and taxes imposed on any transactions conducted on or in connection with this Site.
(i) McLaren Toronto reserves the right to limit the quantities of items that you can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if McLaren Toronto believes that your conduct contravenes applicable law or is harmful to the interests of McLaren Toronto or its representatives, agents, contractors, suppliers or licensees.
(j) McLaren Toronto will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, McLaren Toronto will not be responsible for any delays in delivery which are beyond its control.
(k) If any Product listed or shown for purchase through the Site is back ordered or no longer available in McLaren Toronto’s inventory, the Site will display a warning message to alert consumers as soon as feasible.
(l) We offer an online payment service that is controlled and operated by a third party site (i.e., Stripe, Inc. ("Stripe")). We do not have any control or association with this third party site. If you have any questions or concerns about this third party’s payment service including technical issues, you may contact Stripe at https://support.stripe.com/contact.
(m) You may return Products that at are unopened and still in their original sealed package to us up to 30 days from the date on the invoice for a credit, less shipping and handling fees if already paid. Refunds or exchanges for defective Products can be made within 30 days of receipt of the Products. You must contact us within thirty (30) days from the purchase date via email at parts@mclarentoronto.com to request a return. All return requests must include your Order number and a description of the Product(s) that you would like to return and a description of the defect. McLaren Toronto will then contact you to discuss your request. If McLaren Toronto determines that the Product is defective, we will either exchange your product or refund the purchase price, using the original payment method.
6. Shipping
(a) You are responsible for all fees associated with shipping and handling for your Order. In addition, your Order may be subject to the customs fees and import duties of the country to which you have your Order shipped. You are responsible for such fees and import duties.
(b) McLaren Toronto only ships Orders to addresses within Canada and does not ship any Orders to P.O. Boxes.
7. Proprietary Content
The entire contents of our Site, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation is protected under Canadian copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms of Use, nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property.
8. Third Party Content
(a) Our Site may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than McLaren Toronto (“Third Party Providers”). We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers on our Site does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.
(b) You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
(c) You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
9. Hyperlinks
Our Site contain hyperlinks to other sites that are not maintained by, or related to, McLaren Toronto. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by McLaren Toronto of, any affiliation with or endorsement by the owner of the linked site. We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Site. Use of such third party sites, including any information, material and services in these sites, is solely at your own risk. You also understand and agree that our Privacy Policy [insert link] is applicable only while you are using our Site. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.
10. Use of our Site
(a) We expect that you will access and use our Site in a professional and responsible manner in accordance with applicable laws. By using our Site or purchasing our Products, you have the opportunity to engage in dialogue with representatives of McLaren Toronto if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as none of those Suggestions or any such interaction is obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.
(b) You are not obligated to provide us with Suggestions regarding our Site or Products. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
(c) You further agree that you must use our Site for lawful purposes only and represent and warrant that you will not use our Site to:
(i) e-mail, provide us with or otherwise transmit any Suggestions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) e-mail, provide us with or otherwise transmit any Suggestions that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(iii) remove any proprietary notices or labels, or any promotional or advertising material, from our Site;
(iv) e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;
(vi) upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any McLaren Toronto or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(vii) interfere or attempt to interfere with or disrupt our Site including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site;
(viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
(ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site; or
(x) modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any portion of our Site.
11. Disclaimer of Warranties/Limitation of Liability
(a) You understand that we will use commercially reasonable efforts to provide our Site but we cannot and do not guarantee or promise any specific and intended results from the use of our Site. McLaren Toronto therefore makes no representations, warranties, conditions or guarantees that any pictures or descriptions of Products on the Site are accurate, complete, reliable or error-free or that the quality and content of our Site and Products will meet your expectations or requirements.
(b) We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails made available by us will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. Your use of the internet is at your own risk and you are solely responsible for any damages to your computer systems or loss of data that results from any access to our site.
(c) Your use of our Site is at your own risk. our Site are provided on an “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. We expressly disclaim all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for our Site. We make no representations, warranties or conditions regarding the availability appropriateness, completeness, accuracy, or currency of our Site or description of our Products. For greater clarity, we do not represent or warrant that: (i) our Site does not and will not infringe, or be subject to any intellectual property claims, or a claim of infringing the trademark or other rights of another party; (ii) our Site will be uninterrupted, functional, secure, reliable, accurate, complete, current, useful, suitable, secure or error-free; (iii) our Site will be suitable, accurate, correct, reliable, complete, timely, error-free or will meet your requirements and expectations in any way; (iv) any defects in our Site will be corrected; and (v) we have verified or endorsed any third party content. our Site and description of our Products may include technical inaccuracies or typographical errors, and we may make changes or improvements to the Site at any time.
(d) In no event shall mclaren toronto, its affiliates, directors, officers, shareholders, employees, third party providers, agents or advisors (“associated persons”) be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any information provided by us on our Site; (ii) your use of or inability to use our Site; (iii) your violations of trademark infringement or other intellectual property rights; (iv) any failure of performance of our Site (including, but not limited to the inability to use any component of the Site to purchase our Products), whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) the unauthorized use of your account and password by any person; (vi) any Third Party Content or hyperlinked sites; or (vii) any other matters relating to our Site, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages.
(e) We disclaim any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
12. Indemnity
You shall at all times defend, indemnify and hold harmless McLaren Toronto, its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site or Products, or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Site and Products, including but not limited to trademark infringement or other intellectual property claims from third parties.
13. System Security
You are prohibited from using any services or facilities provided in connection with our Site to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms of Use.
14. Governing Law; Jurisdiction
These Terms of Use and any action related thereto or related to our Site, your Order and the Products shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of our Site, your Order or the Products will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site or purchase our Products in any such circumstances.
15. Termination
We reserve the right to suspend or terminate your use of our Site and remove and discard any information related to you and your use of our Site at any time, for any reason, with or without cause, if we believe that you are violating these Terms of Use in any way. If you wish to terminate your account, you may choose to cease use of the Site or to send us notification by email at marketing@pfaffauto.com. If you are dissatisfied with our Site, including these Terms of Use, your sole remedy is to discontinue using our Site by ceasing to use the Site.
16. Entire Agreement
These Terms of Use together with the Privacy Policy and any of our other legal notices, policies and guidelines linked to these Terms of Use constitute the entire agreement between you and McLaren Toronto relating to your use of our Site and your Order and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on our Site.
17. No Agency; Third Party Beneficiary
We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and McLaren Toronto.
18. Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent.
19. Severability
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
20. No Waiver
We will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.
21. Headings
The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.
22. Language
You agree that English will be the language of our Site and of all transactions occurring in connection with our Site and the Products, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms of Use have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s'y rattachent soient rédigés en anglais.
23. Last Modified
These Terms and Conditions were last modified on [insert date].
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