2. About the Site
2.1 The Site is a medium for providing information and access to products and services of third parties related to automotive vehicles including new and used car loans.
2.2 Any loan or other product or service which you obtain via the Site will be subject to the terms and conditions of the relevant product provider. Before proceeding with any loan or other product or service with the product provider, you should read its terms and conditions carefully and, where appropriate, take independent advice.
2.3 You agree not to bring any claim against us arising from your application for or use of any loan or other third party product or service via the Site and, as Traction Financial will not be a party to any contract or arrangement under which you obtain any loan or other product or service from a third party directly or indirectly through the Site, your sole recourse in respect of any performance, non-performance or delay in performance of the contract or arrangement by that third party will be against that third party and subject to all liability of Traction Financial, its officers, employees, agents, partners, and sub-contractors (howsoever arising) is excluded to the fullest extent permitted by law.
3.1 In order to apply for any loan or other product or service via the Site you must be at least 18 years of age and a Canadian resident.
3.2 You must ensure that the details provided by you in your application or at any time thereafter are correct and complete and inform us immediately if there are any changes to those details. If any of the information provided has been falsified or misleading, Traction Financial reserves the right to immediately reject your application.
4. Links and Third Party Material
4.1 Parts of the Site may contain material provided by third party product or service providers, advertisers or sponsoring organizations. Third party product and service providers, advertisers and sponsors are responsible for ensuring that all material submitted for inclusion on the Site complies with all relevant laws and codes. We will not be responsible if any such material is untrue, inaccurate, incomplete and/or contains errors and we disclaim all liability and responsibility arising from any reliance you place on such material.
4.2 Any material on the Site may be out of date at any given time and, whilst we endeavor to keep material up to date, we are under no obligation to so. Material on the Site may be subject to change at any time.
4.3 The Site (Traction Financial) contains links to other websites. When you activate any of these links, you will leave the Site and we accept no responsibility for the availability or content of any linked websites or for any loss or damage that may arise from your use of them. The links are provided for your convenience and any such link does not imply endorsement by us of a website or any association with the operators of a website.
4.4 You may hypertext link to the Site provided it does not imply or claim an association with Traction Financial or any approval or endorsement on our part where none exists.
5. Intellectual Property Rights
5.1 All intellectual property rights in the Site and its content (including copyright, database rights, and (whether registered or unregistered) trade marks, trade names and designs, are owned or licensed by Traction Financial You are permitted to print or download extracts from material on the Site for your personal use only provided you keep intact all or any copyright and proprietary notices. None of this material may be used for any commercial or public use.
5.2 No part of the Site or any material appearing on the Site may be modified, copied, distributed, reproduced, stored in or transmitted on any other website for commercial purposes without prior written permission of Traction Financial and payment of any specified fee.
5.3 No license is granted to you in these Terms to use any trade mark of Traction Financial
6. Disclaimer & Exclusions of Liability
6.1 We do not guarantee that any loans or other products or services offered to you through the Site will meet your requirements. In connection with loans, our aim is to find you a competitive loan from a lender on our panel of lenders based on your application and relevant circumstances. We do not guarantee that any loan which is offered to you is at the cheapest rate and/or on the most favourable terms which are available in the market.
6.2 We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free (and we may suspend, restrict or terminate your access to the Site at any time), or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
6.3 To the fullest extent allowed by applicable law but subject to conditions 6.4 and 6.5 Traction Financial hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and which are not expressly set out in these Terms and the Site is provided “as is”.
6.4 Where you are obtaining any loan or other product or service from a third party through the Site, the following provisions will apply subject in each case to clause 6.5:
6.4.1 Traction Financial does not accept any liability for either:
(a) any loss of income or revenue, loss of business or loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise even if foreseeable; or
(b) any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if foreseeable.
6.4.2 the maximum liability of Traction Financial to you however arising in connection with that service (including, without limitation, in negligence) will not exceed the aggregate fees which we have received from you for that service.
6.5 Nothing in these Terms shall exclude the liability of Traction Financial for personal injury or death caused by its negligence, or its liability for fraudulent misrepresentation or fraud or for any other liability which cannot be excluded or limited under applicable law.
6.6 You agree to indemnify and keep indemnified Traction Financial from and against all losses, liabilities, costs (including legal costs) and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
6.6.1 any breach by you of any of these Terms; or
6.6.2 any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Site.
6.7 Reference to Traction Financial in this condition 6 includes its officers, employees, agents and sub-contractors.
6.8 We do not represent that the Site or the material on the Site is appropriate or available for use outside of Canada. If you choose to access the Site from any location outside Canada, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.
6.9 You hereby confirm that you wish to acquire a quote for auto insurance through a licensed insurance broker (the “Broker”) and authorize us to request such quote on your behalf. You understand that in obtaining this quote you are under no obligation to purchase the policy. You hereby consent to our release to and the Brokers collection, use and disclosure of your personal information in order to:
a) understand your needs and analyze the suitability of the Brokers insurance and financial services for you,
b) determine your eligibility for any applicable or appropriate insurance policy products and services,
c) set up, manage and offer products and services that meet your needs and provide you with ongoing service,
d) meet our legal and regulatory requirements as well as those of the Broker and any insurance provider, and
e) facilitate underwriting your insurable risks and insurance claims.
You hereby consent to (i) the disclosure of your personal information by the Broker to third party insurance providers for the purpose of obtaining a quote, and (ii) the release of any auto insurance quote from any insurance provider received by the Broker to Traction Financial for the purposes as outlined in the Terms & Conditions.
7. Data Protection
7.1. If you make an application, your details will be held on a computer and used in a credit scoring or other automated decision-making process when assessing your application. An inquiry will be made with Credit Reference Agencies, who will record it so that it can be viewed by other Agency users. Your information may also be sent to additional 3rd parties for further loan options who may also search your record with the credit reference agencies. Your information will also be checked with fraud prevention agencies and if false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. Further details explaining how the information held by fraud prevention agencies may be used can be obtained by contacting us info@Traction Financial. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records. If you are a joint (co) applicant or if you have told us some other financial association with another person, you must be sure that you are entitled and received authorization to:
Disclose information about your joint (co) applicant and anyone referred to by you, and provide authorization to Traction Financial to search, link or record information at credit reference agencies about you and anyone referred to by you.
7.2. You authorize us to make all inquiries necessary to verify this information to enable us to consider this application. By agreeing to the terms and conditions when making your application, you are giving your consent for your information to be used by Traction Financial for administrative, underwriting, marketing and revenue purposes. If you do not want your details to be used for marketing please email info@Traction Financial. Under the terms of the act you have the right to obtain a copy of the information held about you upon payment of the appropriate fee.
8.1 If any provision in these Terms is found by any court or other body of competent jurisdiction to be wholly or partly invalid or unenforceable then that provision or part will be severed from these Terms and the remaining provisions will continue in full force and effect.
8.2 If you breach these Terms and we fail to act or delay in acting in respect of such breach we will not waive our right to act in respect of any subsequent or similar breach.
8.3 We will not be responsible for any breach of these Terms or otherwise for any delay or failure in processing your application for any loan or other product or service where such breach, delay or failure is attributable to you and/or any third party or is otherwise caused by circumstances beyond our control.
8.4 Any agreement between us is made for the benefit of you and Traction Financial and, except for condition 6, is not intended to benefit, or be enforceable, by anyone else.
8.5 These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada and you and Traction Financial irrevocably submits to the exclusive jurisdiction of the Ontario, Canada courts in relation to all disputes arising out of or in connection with these Terms.
8.6. Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.