Audi Canada eReservation Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.
This website is owned and operated by Audi Canada Inc. ("Audi" or "we"). Access and use of this website ("Website") and its related services (the "Services") are provided to you by Audi on condition that you accept these Terms and Conditions. By accessing or using this Website or the Services, you agree to these Terms and Conditions. If you do not agree to accept these Terms and Conditions, you may not access or use this Website or the Services.
These Terms and Conditions govern the relationship between you and Audi with respect to your use of this Website and its related Services. You agree that the agreement formed by these Terms and Conditions are like any written agreement signed by you, and you agree to be bound by, and fully comply with, their terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms and Conditions and to perform and otherwise discharge all of your obligations hereunder.
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
To the extent permitted by applicable law, we reserve the right at any time to change: (i) the terms and conditions of these Terms and Conditions; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.
Any changes we make to these Terms and Conditions will be effective immediately upon posting on this Website. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms and Conditions.
The payment of an eReservation allows you the opportunity to be one of the first to purchase a new, high-demand Audi vehicle that is featured on this Website and is available for eReservation (a "Vehicle"). eReservations may only be used at a participating, independently-operated Audi dealership in Canada (a "Dealer").
We reserve the right to refuse access to this Website or the Services to anyone, at any time, for any reason.
When placing an eReservation:
- you must use a valid credit card (i) that has been issued to you personally, (ii) that we accept, and (iii) that we are authorized to process a charge in the amount of the eReservation;
- you represent and warrant that: (i) the payment information that you provide to us is both valid and correct; and (ii) you are the person names in the credit card provided; and
- you consent to be billed for the eReservation in compliance with: (i) applicable legal requirements; and (ii) the requirements disclosed to you by your credit card issuer.
In addition, you may need to sign up for, open and maintain an account (“Account”). You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. To the extent applicable, you agree not to: (i) disclose your username and password to any third party; or (ii) use the account, username, or password of anyone else at any time. You also agree to notify us immediately of any unauthorized use, theft or misappropriation of your Account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your username or password, with your knowledge.
Under no circumstances will Audi be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing the payment of your eReservation; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays in the purchase or non-availability of the Vehicle that you endeavored to reserve arising from any validation checks that may be carried out regarding your payment or identification.
Once processed (by our third party service providers), your eReservation will be paid directly to Audi and transferred to your selected Dealer. You may choose to apply your eReservation to the purchase of your requested Vehicle (or a different Audi vehicle). Any sale, lease or finance of a Vehicle shall be subject to your acceptance of the terms and conditions of your selected Dealer's vehicle sales contract, lease contract, and/or finance contract, as applicable.
Please note that you may not sell, give away, or otherwise transfer your eReservation to another person, entity or organization.
If the number of the eReservations for a Vehicle exceeds the number of Vehicles available to be sold, you may request to record your interest in placing an eReservation by adding them to the cancellation wait list (“Wait List”). If you join the Wait List, you may be provided with a link to complete an eReservation if an eReservation becomes available. In any such case, you will only have 48 hours to complete your eReservation. After that time: (i) your opportunity to obtain an eReservation will automatically expire without any further notice to you; and (ii) you will be required to rejoin the Wait List (where you will be at the bottom of the list).
Please note that if you join the Wait List, there is no guarantee that an eReservation will be made available to you. Placement on the Wait List does not constitute an offer or agreement for the purchase of a Vehicle. For the avoidance of doubt, placement on the Wait List does not guarantee the sale of any Vehicle to you.
2. SERVICE LIMITATIONS
Please note each of the following important limitations with respect to the Services (including eReservations):
- only one (1) eReservation of a Vehicle is permitted per customer;
- the ability to make an eReservation is only available to legal Canadian residents of legal driving age with a valid licence;
- eReservations may not be made by: (i) employees of Audi and its related and affiliated companies; and (ii) owners and employees of Dealers;
- Audi does not sell cars directly to the public. Accordingly, Audi is not selling you a Vehicle. Any resulting sale or lease of a Vehicle in connection with an eReservation is strictly between you and your selected Dealer;
- as your selected Dealer is responsible for all Vehicle sales and leasing, your Dealer may assist you in securing financing for a Vehicle;
- the placement of an eReservation does not constitute: (i) an offer or agreement for the purchase of a Vehicle; (ii) a down-payment in connection with the purchase of a Vehicle; or (iii) a guarantee of a Vehicle or delivery of a Vehicle within a specific time period. For the avoidance of doubt, the placement of an eReservation does not guarantee your placement in an order queue to purchase your requested Vehicle, or guarantee the sale of that Vehicle (or any other Vehicle) to you; and
- the time period between payment of your eReservation and being granted the opportunity to purchase or lease a Vehicle may extend weeks or months. During this time, the eReservation will not accrue any interest or likewise be negatively affected in any way: the value of your eReservation remains unchanged from the amount paid by you.
Also note that vehicle pricing may not be available at the time you make your eReservation. All prices shown on the Website are in Canadian dollars, estimates based on the Manufacturer’s Suggested Retail Price, and include applicable fees such as freight and PDI, environmental levies (for new vehicles) and any dealer administration fees, but do not include any applicable sales taxes. Neither this Website nor any eReservation is an advertisement to sell at specific prices or on specific credit terms. Models are shown for illustration purposes only and may include features that are not available on the Canadian model. Specifications, equipment, options and prices are subject to change without notice. Although we endeavour to ensure that the information contained on the website is accurate, as errors may occur from time to time. Please contact your local Audi dealer for details.
NEITHER AUDI NOR ITS DEALERS REPRESENT, WARRANT OR GUARANTEE THAT THE VEHICLE YOU WISH TO RESERVE WILL BE AVAILABLE FOR PURCHASE OR LEASE BY YOU. THERE MAY BE CIRCUMSTANCES IN WHICH YOUR eRESERVATION IS CANCELLED BY AUDI OR THE DEALER (AS DESCRIBED IN THE NEXT SECTIONS OF THESE TERMS AND CONDITIONS) -- IN WHICH CASE YOUR SOLE REMEDY WILL BE A REFUND OF THE AMOUNT THAT YOU PAID FOR YOUR eRESERVATION.
3. CANCELLATIONS AND REFUNDS
Your eReservation is fully refundable and may be requested through this Website or by contacting us at email@example.com. Refunds requested within 60 days of the eReservation will be processed by Audi and refunded to the same credit card used to make the eReservation. After 60 days, refunds of the eReservation will be processed by your selected Dealer by cheque. Alternatively, you may elect to have your selected Dealer apply the funds to the purchase of a different Audi vehicle.
Please note that both Audi and your selected Dealer reserve the right to cancel your eReservation for any reason, including: (i) by Audi, due to your non-compliance with these Terms and Conditions; (ii) an inability to contact you; (iii) an inability to fulfill the requested Vehicle, (iv) your inability to complete the purchase of the Vehicle within a reasonable time; or (v) any other reasonable occurrence beyond Audi’s or your selected Dealer’s control.
In the event your eReservation is cancelled by Audi or your selected Dealer, the amount that you paid for your eReservation will be refunded to you, and you will be removed from the order queue for your requested the Vehicle. This refund will be your only remedy in connection with any cancellation of your eReservation.
Audi is committed to respecting the privacy of the personal information of the individuals with whom we interact.
By visiting the Website and/or using the Services, you provide us with your consent to collect, use and disclose your personal information (including your name, contact information, and payment information) for the purposes of creating an Account and/or providing you with the Services that you request.
You also provide us with your consent to share your personal information with our employees, contractors, consultants, affiliates, Dealers, and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us. For example, we may share your personal information with your selected Dealer for the purposes of allowing your selected Dealer to contact you regarding the potential purchase of your requested Vehicle. We may also share your personal information from time to time with our third party information technology, data processing and payment processing service providers (and their agents) so that we may provide you with the Services. As a result, your personal information may, subject to applicable laws, be collected, used, processed, stored or disclosed in the United States, Ireland and other jurisdictions.
Alternatively, please contact our Privacy Officer (at firstname.lastname@example.org) if you have any questions about the collection, use and/or disclosure of your personal information.
WHILE EFFORTS ARE MADE TO ENSURE ACCURACY, ERRORS MAY OCCUR AND AVAILABILITY MAY CHANGE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF VEHICLE DESCRIPTIONS, AVAILABILITY OR PRICING.
THIS WEBSITE AND THE SERVICES (INCLUDING eRESERVATIONS) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. AUDI AND ITS THIRD-PARTY LICENSORS AND SUPPLIERS MAKE NO OTHER REPRESENTATIONS AND GIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THIS WEBSITE AND THE SERVICES, AND AUDI SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AUDI DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, BE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM DEFECTS OR ERRORS, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. AUDI DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF USING THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CUSTOMER BASE, COMMERCIAL ADVANTAGE, OR RISK OF INJURY TO YOUR OR ANY USER'S SYSTEMS OR NETWORK. AUDI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE OF OR INACCURACY IN ANY MATERIALS OR FOR ANY TRANSACTIONS PROCESSED THROUGH THIS WEBSITE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS CONTAINED IN THIS DOCUMENT MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS' LAWS ARE APPLICABLE TO THESE TERMS AND CONDITIONS, IN WHICH CASE AUDI'S WARRANTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- UNDER NO CIRCUMSTANCE WILL AUDI BE LIABLE TO YOU OR ANY OTHER PARTY FOR (I) ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AND/OR (II) ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR ANY OTHER SIMILAR LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AUDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM (AS DEFINED IN SECTION 7); AND
- THE TOTAL MAXIMUM AGGREGATE LIABILITY OF AUDI ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS WEBSITE, THE SERVICES, OR THE eRESERVATION, SHALL BE LIMITED TO THE GREATER OF: (I) THE AMOUNTS THAT YOU ACTUALLY PAID TO AUDI UNDER THESE TERMS AND CONDITIONS; AND (II) $100.00 DOLLARS CAD.
7. ARBITRATION AND CLASS ACTION WAIVER
TO THE EXTENT PERMITTED BY LAW, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO: (I) ANY AGREEMENT BETWEEN YOU AND AUDI; (II) ANY ORAL OR WRITTEN STATEMENTS, OR ADVERTISEMENTS OR PROMOTIONS RELATING TO ANY AGREEMENT BETWEEN YOU AND AUDI; OR (III) THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS AND CONDITIONS (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT PARTIES TO ANY AGREEMENT BETWEEN YOU AND AUDI), (EACH, A "CLAIM") WILL BE REFERRED TO AND DETERMINED BY PRIVATE AND CONFIDENTIAL ARBITRATION AT THE JOINT COST OF THE PARTIES. NO RIGHT OF APPEAL SHALL EXIST FROM AN ARBITRATION DECISION. EITHER PARTY MAY COMMENCE COURT PROCEEDINGS TO ENFORCE THE ARBITRATION RESULT WHEN AN ARBITRATION DECISION SHALL HAVE BEEN RENDERED AND THIRTY (30) DAYS HAVE PASSED FROM THE DATE OF SUCH DECISION. BY SO AGREEING, YOU WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN A CLASS ACTION AGAINST AUDI RELATED TO ANY CLAIM AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST AUDI OTHERWISE COMMENCED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AUDI, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF ANY OF THEM AGAINST AND FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, JUDGMENTS, COSTS, LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES), AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM ANY CLAIM, INCLUDING FOR THE AVOIDANCE OF DOUBT: (I) YOUR USE OF THIS WEBSITE (INCLUDING THE SERVICES); AND/OR (II) YOUR BREACH OF THESE TERMS AND CONDITIONS.
9. TERM AND TERMINATION
Audi may, from time to time, but is in no way obligated to, permit you to access and use this Website and the Services. You acknowledge and agree (i) that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that Audi shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time. We may terminate these Terms and Conditions for convenience with no notice to you.
Upon termination of these Terms and Conditions, you shall immediately cease and desist from all use of this Website and the Services.
If you need to contact us regarding this Website, the Services, or these Terms and Conditions, please reach out to us at:
Audi Canada Inc.
777 Bayly Street West
Ajax, Ontario, L1S 7G7
Attention: Audi Canada: e-Commerce
The Website and the Services are solely directed to individuals residing in Canada. We make no representation that materials on this Website or the Services are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions, and (if applicable) any additional or supplemental stated in the "Payment Method/eReservation Confirmation" webpage, constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any other understandings and agreements (including any terms, conditions, undertakings or collateral agreements, express, implied or statutory) between the parties with respect thereto.
To the extent permitted by applicable law: (i) these Terms and Conditions are governed by and construed in accordance with the laws in the Province of Ontario, Canada, without regard to its principles of conflicts of law; and (ii) you agree to personal jurisdiction by the courts located in the Province of Ontario, located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Sections 5-11 will survive any termination or expiry of these Terms and Conditions.
Audi shall not be responsible for any failure to perform or any delay in performing any of its obligations under these Terms and Conditions where and to the extent that such failure or delay results directly or indirectly from an unforeseeable event beyond Audi's reasonable control, including but not limited to: acts of war; acts of nature; earthquake; flood; pandemic; embargo; riot; sabotage; labour shortage or dispute; changes in applicable laws; failure of the Internet; terrorist acts; failure of data, products or services controlled by any third party, including the providers of communications or network services; utility power failure; material shortages or unavailability or other delay in delivery not resulting from the responsible party's failure to place timely orders therefor, or lack of or delay in transportation.
These Terms and Conditions are not assignable, transferable or sublicensable by you. Audi may assign these Terms and Conditions without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.