Privacy Policy & Terms
Privacy Policy
Privacy Policy — Motoring with Mike
Your privacy is important to Motoring with Mike (“Motoring with Mike”). This Privacy Policy explains how Motoring with Mike collects, uses, discloses and retains personal information, including information collected by Motoring with Mike through websites and telephone calls and when providing products or services.
Your Consent
By providing Motoring with Mike with your personal information, you consent to the collection, use, disclosure and retention of that information by Motoring with Mike in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to Motoring with Mike, but then you might not be able to proceed with your intended interactions or transactions with Motoring with Mike or otherwise receive the full benefit of Motoring with Mike’s products and services.
Personal Information
In this Privacy Policy, “personal information” means information about an identifiable individual, such as an individual’s name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.
Information That Motoring with Mike Collects
(a) Information You Provide
You may be asked to voluntarily give your personal information to Motoring with Mike when you interact, orally, in writing or by electronic transmission, with Motoring with Mike, including when you apply for an account, subscribe to a newsletter, register to receive information, apply or register for or order a product or service offered by Motoring with Mike or use a product or service provided by Motoring with Mike. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with Motoring with Mike or otherwise receive the full benefit of the desired product or service.
Telephone calls between you and Motoring with Mike will be recorded to ensure accuracy and quality assurance, and may be disclosed to third parties to verify Motoring with Mike is compliant with its contractual obligations to third parties. You can choose not to have the telephone call recorded, and communicate by writing or electronic transmission.
(b) Automated Collection
Motoring with Mike may automatically collect certain information regarding your use of Motoring with Mike’s website or online service, such as the dates and times that you access the website or online service, the browsers, operating systems, software and devices that you use to access the website or online service and details of your use of the website or online service.
Motoring with Mike’s website, online services, email messages and advertisements may use technologies (e.g. cookies, web beacons, tokens, session recording, pixels or tags) to collect information that assists Motoring with Mike to improve its products, services, customer communications and advertising and to prevent fraud. Motoring with Mike may use information that it collects through technological means to recognize you as a user of Motoring with Mike’s website or online services, to facilitate and improve your use of Motoring with Mike’s website or online services, to confirm that messages have been delivered to and opened by you and to provide you with targeted advertisements. You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of a website or online service. More information about cookies used for interest-based advertising is set out in section 4(c) below.
Much of the information that is automatically collected by technological means is non-personal information (because the information does not identify you), and Motoring with Mike will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.
(c) Credit Reports
When you apply or register for, order or use certain products or services from Motoring with Mike (e.g. referral to lender), Motoring with Mike may obtain, and continue to periodically obtain, your credit score and related information from a credit reporting agency to process or fulfill the transaction, and to update your confidential profile for use by Motoring with Mike for purposes as set out in this Privacy Policy. Upon your request we will inform you if we have ordered such a report or reports, and will give you the name and address of the credit reporting agency that furnished the report or reports.
You also acknowledge and agree that any dealers or other persons or organizations to which we have disclosed your personal information in accordance with this Privacy Policy, may request a credit report for any legitimate purpose associated with your application for credit, extending credit, making product offers, modifying the terms of your credit agreement, collection on your account, or similar services or products.
(d) Bank Information
When you use the bank account verification system (“Bank Verification System”) from within Motoring with Mike’s website, Motoring with Mike may, in accordance with this Privacy Policy and Motoring with Mike’s General Terms of Service, retrieve your bank account information, including your transaction history (but not your bank account log-in credentials) for purposes as set out in this Privacy Policy. Motoring with Mike may use the Bank Verification System to periodically obtain your updated bank account information in order to update your confidential profile for use by Motoring with Mike for purposes as set out in this Privacy Policy.
For clarity, you acknowledge and agree that Motoring with Mike may periodically retrieve your bank account information and disclose the bank account information to independent businesses, including Motoring with Mike affiliates (if any), or Motoring with Mike’s suppliers or service providers, for purposes as set out in this Privacy Policy.
(e) Information Regarding Referred Transactions
If Motoring with Mike refers you to an independent business (e.g. a lender, dealership, insurance provider) for a proposed transaction (e.g. a vehicle loan, vehicle purchase, insurance purchase), then Motoring with Mike may collect from that independent business information regarding the transaction to update your confidential profile for use by Motoring with Mike as set out in this Privacy Policy.
Contact
Terms of Use
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE MOTORING WITH MIKE WEBSITE. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE MOTORING WITH MIKE WEBSITE, EXEMPTS MOTORING WITH MIKE AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.
BY USING THE MOTORING WITH MIKE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE MOTORING WITH MIKE WEBSITE.
Your Acceptance of these Terms of Use
These Terms of Use are a binding agreement between you and Motoring with Mike (“Motoring with Mike”) regarding your access to and use of the Motoring with Mike website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
Other Agreements
These Terms of Use relate to the Website only. Products and services advertised on or available through the Website are governed by other applicable agreements prescribed by Motoring with Mike, including the Motoring with Mike General Terms of Service.
Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting Motoring with Mike account, which is governed by the Motoring with Mike General Terms of Service.
Changes to these Terms of Use
Motoring with Mike in its sole discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by Motoring with Mike, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
Permitted Users
The Website may be used only by individuals (natural persons) who are located in Canada, are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. The Website may not be used by individuals who are located outside Canada. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by Motoring with Mike.
Personal Information Privacy
By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Motoring with Mike as explained in the Motoring with Mike Privacy Policy (online: https://motoringwithmike.ca/privacy-terms.html), as revised from time to time, and as otherwise permitted by applicable law.
No Advice
The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed, and is not professional advice or recommendations (including financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or though the Website.
Permitted and Prohibited Use of the Website
Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.
You will not:
- (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use;
- (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person;
- (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by Motoring with Mike;
- (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data;
- (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge;
- (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever;
- (g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or
- (h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of Motoring with Mike or a breach of these Terms of Use if it were done by you.
The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
Ownership of Website
Copyright © 2021. Motoring with Mike. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned by Motoring with Mike and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
Trademarks
MOTORING WITH MIKE®, MOTORING WITH MIKE & Design®, the Motoring with Mike logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Motoring with Mike. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
Linked Sites
For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from Motoring with Mike, and Motoring with Mike does not endorse, nor have any responsibility nor any liability for, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Motoring with Mike arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
Disclaimers
GENERAL DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY MOTORING WITH MIKE GROUP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF MOTORING WITH MIKE GROUP. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
LINKED SITES: WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND USE LINKED SITES AT YOUR OWN RISK. MOTORING WITH MIKE GROUP DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING ANY LINKED SITE. MOTORING WITH MIKE IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.
RESERVATION: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT APPLY TO YOU.
DEFINITION: IN THESE TERMS OF USE, “MOTORING WITH MIKE GROUP” MEANS MOTORING WITH MIKE AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
Liability Exclusions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL MOTORING WITH MIKE GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF MOTORING WITH MIKE GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY AND EVEN IF MOTORING WITH MIKE GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.
Restrictions / Changes / Termination
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). Motoring with Mike in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Motoring with Mike, all without notice or liability to you or any other person.
If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
Governing Law
These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.
Disputes
Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Website or any related matter (a “Dispute”) will be referred to and finally resolved by binding arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one. The place of arbitration will be Vancouver, British Columbia. The language of the arbitration will be the English language. If ICDR Canada is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act (British Columbia).
Notwithstanding the foregoing, Motoring with Mike may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect Motoring with Mike’s rights and interests.
You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
General Matters
Miscellaneous: These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of Motoring with Mike Group. No consent or waiver by Motoring with Mike to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Motoring with Mike or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Motoring with Mike Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Motoring with Mike Group may be lawfully entitled under these Terms of Use or at law, and Motoring with Mike Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of Motoring with Mike, which consent may be withheld in Motoring with Mike’s discretion. Motoring with Mike may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.
Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these General Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.
Complete Agreement: These Terms of Use set out the entire agreement between you and Motoring with Mike regarding your use of the Website. These Terms of Use may not be modified except as set out in section 3. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Motoring with Mike regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.
Language: You and Motoring with Mike have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by Motoring with Mike is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern.
Contact
If you have any questions or comments regarding these Terms of Use, please contact Motoring with Mike at approvals@motoringwithmike.ca.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE WEBSITE.