Booking and Purchase Terms

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

By making a booking and/or a purchase on the website or by clicking "I Agree", you:

  • Accept and agree to be bound and comply with this Agreement;
  • You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us;
  • You agree that if you access the website from a jurisdiction where it is not permitted, you do so at your own risk.

These Booking and Purchase Terms, the Terms of Use, our Privacy Policy, and our order confirmation make up the entire agreement between you and us (collectively, the "Agreement"). This Agreement is entered into by and between you (referred to as "you", "your" as the context may require) and 11960687 Canada Inc. (referred to as "us", "we", or "our", or "Inspect This Car" as the context may require).

All capitalized terms not defined herein shall have the meanings given to them in the Terms of Use.

The Terms of Use and our Privacy Policy are integral parts of these Booking and Purchase Terms. You should carefully review these documents before placing an order for products or services.

This Agreement applies to the booking and purchase of vehicle inspection or maintenance services through the Website. This Agreement is subject to change by Inspect This Car without prior written notice at any time, in our sole discretion. To the extent there is a conflict between the Terms of Use and the Booking and Purchase Terms, the latter shall prevail.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Booking and Purchase Terms, all vehicle inspection or maintenance services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms

Ordering Restrictions

You may not order or obtain vehicle inspection or maintenance services from this Website if you:

  • are prohibited from accessing or using this Website or any of this Website's contents, goods, products or services by applicable law or
  • you are outside the geographic region where the products or services are available for purchase or
  • you do not agree to the terms and conditions in Agreement.

Pricing

Important: All prices, discounts, and promotions posted on this Website are subject to change without notice. All prices are in Canadian dollars. Posted prices do not include taxes.

The price charged for products or services will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. All such taxes and charges will be added to your total price and will be itemized in your order confirmation.

Payment Methods

Payment must be received by us before we will accept an order. We accept Mastercard and Visa for all purchases ("Payment Method"), however, Inspect This Car does not guarantee the availability of any Payment Method at any moment and may add, remove or suspend any payment method at our sole discretion.

You represent, warrant and covenant that:

  • the credit card information you supply to us is true, correct, and complete,
  • you are duly authorized to use such credit card for the purchase,
  • charges incurred by you will be honoured by your credit card company, and
  • you will pay charges incurred by you at the posted prices, including all applicable taxes.

We will charge your credit card when you submit your booking request form and payment via the Website.

No-Show Fee

$50.00 CAD No-Show Fee Per Vehicle

Unless the scheduled time or location was changed by you with at least forty-eight (48) hours prior notice, you agree that you shall be charged fifty Canadian dollars ($50.00 CAD) per vehicle for each vehicle that was scheduled for a vehicle inspection or maintenance service but such vehicle was not made available (including delivery of vehicle keys) within fifteen (15) minutes of the scheduled inspection or maintenance time at the scheduled location.

Booking Modifications

You are responsible to notify us at support@inspectthiscar.com at least forty-eight (48) hours before your scheduled vehicle inspection or maintenance service if you wish to make a booking modification. Any booking modifications made within forty-eight (48) hours shall incur a No-Show Fee.

Refunds

Unless required by applicable law:

  • No Show Fees shall not be refundable, and all No-Show Fees shall be setoff before any other refund is applied.
  • If a requested booking is declined either because it is not accepted by us or you cancel the booking request before it is accepted by us, any amounts collected will be refunded to you.
  • The timing to receive the refund will vary based on the Payment Method, any applicable payment system rules, and the refund method.

Your Other Obligations

You agree that you will:

  • provide reasonable assistance to, and cooperate with the reasonable instructions and requests of, the third-party vehicle inspection or maintenance station and comply with all of their signage, rules and policies while at their premises (including but not limited to health and safety obligations).
  • Remove any valuable property or items from the vehicle before providing it to the third party vehicle inspection or maintenance station.

No Warranty; Disclaimers

We do not control any of the products or services offered on our Website and any warranties that apply regarding workmanship in relation to the inspection or maintenance services purchased are between the third party vehicle inspection or maintenance station and you. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product or service.

ALL BOOKING SERVICES, PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION:

  • OF MERCHANTABILITY;
  • OF FITNESS FOR A PARTICULAR PURPOSE; OR
  • AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;

WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Indemnification by You

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, and our parent, subsidiaries, affiliates, and our 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 this Agreement, or
  • The vehicle inspection or maintenance service you receive or
  • Physical injury or death to individuals or your vehicle.

Limitation of Liability

Maximum Liability Cap

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SOLE AND ENTIRE MAXIMUM AGGREGATE LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE IN THE SIX MONTHS BEFORE THE CLAIM WAS MADE.

Excluded Damages: We shall not be liable for consequential, indirect, incidental, special, exemplary, punitive, or aggravated damages, lost profits or revenues, or diminution in value, regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages.

Products and Services Not for Resale

You represent and warrant that you are buying products or services from the Website for a vehicle that you are registered owner of; and you will not purchase vehicle inspection or maintenance services via the Website for resale.

Term and Termination

Term

This Agreement is effective when you make a purchase on the Website and remains in effect until the services purchased are completed or until you or we terminate this Agreement.

Termination

You may terminate this Agreement at any time by sending us an email at support@inspectthiscar.com. We may terminate this Agreement at any time by sending you an email to the email address you have provided.

Effect of Termination

Subject to the No Show Fee (where applicable), we will initiate a refund if you cancel your booking or terminate this Agreement before the services are complete.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

Force Majeure

To the extent permitted by applicable law, Inspect This Car shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any of this Agreement, when and to the extent such failure or delay is caused by or results from the following force majeure events:

  • Acts of God;
  • Flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion;
  • War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
  • Government order, law, or action;
  • Embargoes or blockades in effect on or after the date of this agreement;
  • National or regional emergency;
  • Strikes, labour stoppages or slowdowns or other industrial disturbances;
  • Shortage of adequate or suitable materials;
  • Other similar events beyond the reasonable control of Inspect This Car including impacts on third party vehicle inspection or maintenance stations.

Additional Terms

Assignment

You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this section is null and void.

No Waivers

The failure or delay by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Inspect This Car.

No Third-Party Beneficiaries

This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than you and/or us.

Notices

To You

We may provide any notice to you under this Agreement by:

  • Sending a message to the email address you provide to us and consent to us using. Notices sent by email will be effective when we send the email.

To Us

To give us notice under this Agreement you must contact us as follows:

  • by email to support@inspectthiscar.com; or
  • by personal delivery, overnight courier or registered or certified mail to Inspect This Car's registered corporate office.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of, in connection with, or relating to this Agreement (or any products and service purchased from the Website) or under this Agreement will be instituted in the courts of the Province of Ontario, and you and we both irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding.

Entire Agreement

This Agreement and any order you submit constitutes the sole and entire agreement between you and us with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

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