GRENKE WEBSITE TERMS OF USE

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PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES. 

 

This website (“Website”) is operated by GC Leasing Ontario Inc., GC Crédit-bail Québec Inc., and GL Leasing British Columbia Inc. (collectively, “Grenke,” “we,” “us,” “our”).  Access and use of this Website and its related services (the “Services”) are provided by Grenke to you on condition that you accept these Terms of Use.  By accessing or using this Website, you agree to these Terms of Use.  If you do not agree to accept these Terms of Use, you may not access or use this Website. 

 

These Terms of Use govern the relationship between you and Grenke with respect to your use of this Website.  You acknowledge that the agreement formed by these Terms of Use 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 of Use and to perform and otherwise discharge all of your obligations hereunder.  

 

You understand that aspects of this Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website in your jurisdiction.

 

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website; (iii) any fees or charges, if any, related to the use of this Website; and (iv) the equipment, hardware or software required to use and access this Website.  

 

To the extent permitted by applicable law, any changes we make to these Terms of Use 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 of Use.   

 

1. USE OF THIS WEBSITE
 

Your access and use of this Website shall be deemed to be provided in Canada.  If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws.  In particular, you understand that this Website may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website in your jurisdiction.

 

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website, you may not enter into these Terms of Use or use this Website. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website is allowed.

 

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use based on age and you are under such age limit, you may not enter into these Terms of Use or use this Website.

 

You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.

 

2. PRIVACY
 

Grenke is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices, and how we collect, use and disclose the personal information of those individuals who visit this Website.  Please see our Privacy Policy at https://www.grenke.ca/en/privacy-policy for further details.

 

You acknowledge and agree that access to and use of this Website is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.  

 

3. CODE OF CONDUCT
 

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Grenke's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.  In addition, and without limiting the foregoing, you agree not to:

  1. use tools which hack or alter this Website, or that allow you to connect to this Website’s binary interface or utilize any interfaces other than those provided by us to you;
  2. attempt to obtain a password or other private account information from any other user of this Website; 
  3. mirror or frame any part of this Website without Grenke's express prior written consent; or
  4. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without Grenke's express prior written consent

  

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website. 

 

4. YOUR COMMENTS
 

In the event that the Website enables you to post any comments, suggestions, feedback or other content (collectively, “Comments”), you agree not to:

  1. post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
  2. post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
  3. post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
  4. post anything that (a) does not generally pertain to the designated topic or theme of this Website; (b) violates any specific restrictions applicable to this Website, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet;
  5. post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonates another person (including celebrities); (c) indicates that you are a Grenke employee, representative of Grenke; or (d) attempts to mislead users by indicating that you represent Grenke or any of Grenke's  partners or affiliates;
  6. post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or
  7. post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website.

 

We strive to provide an enjoyable online experience for our users, so we may monitor any activity on our Website, including in the public discussion areas, bulletin boards, forums, blogs, and elsewhere, to foster compliance with these Terms of Use.  If you have reason to believe that another person is using the Website in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.

 

Please note that we do not make any representations, warranties or guarantees that: (i) this Website or any portion thereof, will be monitored (E.G. for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Website by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms of Use.

 

We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you. 

 

With respect to any Comments that you post on this Website, you agree that: (i) Grenke and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are not confidential; (iii) Grenke and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else during the term of the Terms of Use and afterwards; and (iv) such Comments are truthful and do not violate the legal rights of others.    

 

5. OUR MATERIALS
 

Grenke may make certain information, content, software or other materials available to you from this Website from time to time (collectively, the “Grenke Materials”).  If you download, access or use any Grenke Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Grenke's prior written permission; and (iii) will only be used in compliance with any additional license terms accompanying such materials. Grenke does not transfer the title or the intellectual property rights to the Grenke Materials to you, and retains full and complete title to the Grenke Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Grenke Materials. Grenke or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

 

This Website (including its organization and presentation and Grenke Materials) is the property of Grenke and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights. 

 

6. AVAILABILITY
 

While we endeavour to keep downtime to a minimum, we CANNOT promise that this Website will be uninterrupted, secure or error-free.  We reserve the right to interrupt/suspend this Website, or any part thereof, with or without prior notice for any reason. 

 

7. ACCESS TO THE INTERNET
 

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website, and you shall be solely responsible for all charges and fees related thereto.

 

Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered.  Tweed is not liable for any damages related to communications to, or from, this Website. 

 

8. CURRENCY OF WEBSITE
 

Grenke updates the information on this Website periodically. However, Grenke cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Website (including the Grenke Materials) at any time, without prior notice to you (including after an order has been placed by you).

 

9. LINKED WEBSITES
 

This Website may provide links to third party websites.  The inclusion of these links does not imply that Grenke monitors or endorses these websites. Grenke does not accept any responsibility for such websites. 

 

GRENKE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.

 

10. INTERNET SOFTWARE OR COMPUTER VIRUSES
 

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website. Grenke recommends that you install appropriate anti-virus or other protective software.

 

GRENKE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE. 

 

11. WEBSITE, SERVICES AND GRENKE MATERIALS PROVIDED “AS IS”
 

EXCEPT AS OTHERWISE PROVIDED EXPLICITLY HEREIN, THIS WEBSITE, THE SERVICES AND THE GRENKE MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. GRENKE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.   

 

ANY DISCLAIMERS THAT APPEAR ON THIS WEBSITE ARE INCORPORATED INTO THIS DOCUMENT. TO THE EXTENT THAT THERE IS A CONFLICT BETWEEN THESE TERMS OF USE AND ANY SUCH DISCLAIMER, THESE TERMS OF USE SHALL GOVERN.

 

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES.  AS SUCH, THE FOREGOING DISCLAIMER WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

12. LIMITATION OF LIABILITY
 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE SERVICES AND THE GRENKE MATERIALS. 

 

IN NO EVENT WILL GRENKE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “GRENKE PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER SIMILAR LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE SERVICES, THE GRENKE MATERIALS OR ANY PART THEREOF), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

 

IN EVERY EVENT, GRENKE'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THIS WEBSITE, THE SERVICES AND THE GRENKE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED ($100.00) DOLLARS CAD.  

 

THE CONSIDERATION BEING PAID TO GRENKE UNDER THESE TERMS OF USE DOES NOT INCLUDE ANY CONSIDERATION FOR GRENKE TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY GRENKE, GRENKE WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

 

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES.  AS SUCH, THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

13. CLASS ACTION WAIVER
 

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION; AND (II) YOUR ACCESS AND CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.    

 

14. INDEMNIFICATION
 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE GRENKE PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO GRENKE AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST GRENKE IN CONNECTION WITH: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE, THE SERVICES OR THE GRENKE MATERIALS; AND/OR (2) YOUR BREACH OF ANY OF THESE TERMS OF USE.    

PLEASE NOTE THAT SOME JURISDICTIONS LIMIT THE EXTENT TO WHICH A PARTY MAY INDEMNIFY ANOTHER.  AS SUCH, THE FOREGOING INDEMNITY WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

15. SUSPENSIONS
 

As above, we reserve the right to suspend your Account and/or your access to this Website immediately, with or without notice to you, and without liability to you, if Grenke, in its sole discretion, believes that:

  1. you have violated or otherwise breached these Terms of Use;
  2. any information provided by you is untrue, inaccurate, not current or incomplete; or
  3. you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Grenke.

 

These suspensions will be for such periods of time as Grenke may reasonably determine is necessary to permit the thorough investigation of such suspended activity. 

 

16. TERM & TERMINATION
 

Grenke may, from time to time, but is in no way obligated to, permit you to access and use this Website in accordance with these Terms of Use and in the manner more particularly set out herein.  You acknowledge and agree (i) that access to this Website 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 Grenke shall not, in any event, be responsible to you in any way should you be unable to access this Website at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.

 

Upon termination of these Terms of Use, you shall immediately cease and desist from all access and use of this Website.

 

17. CONTACT INFORMATION
 

If you need to contact us regarding this Website or these Terms of Use, please reach out to us at:

 

GC Leasing Ontario Inc.

5600 Explorer Drive, Suite 302

Mississauga, Ontario, L4W 4Y2

Attention: Data Protection Officer

E-mail: service.toronto@grenke.ca

 

GC Crédit-Bail Québec Inc.

4605 boulevard Lapinière, Suite 280

Brossard, QC J4Z 3T5

Attention: Data Protection Officer

E-mail: service.montreal@grenke.ca

 

GL Leasing British Columbia Inc.

138 East 13th Street, Unit 360

North Vancouver, BC V7L 0E5

Attention: Data Protection Officer

E-mail: service.vancouver@grenke.ca

 

18. MISCELLANEOUS
 

This Website are solely directed to persons in Canada. We make no representation that materials on this Website 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 of Use are governed by and construed in accordance with the laws in the Province of British Columbia, Canada, without regard to its principles of conflicts of law.  You agree to personal jurisdiction by the courts located in the Province of British Columbia, located in Vancouver, British Columbia, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  

 

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Sections 9-14, and 16-18 will survive any termination or expiry of these Terms of Use.  

 

These Terms of Use set out the entire agreement between us relating to the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements between us.  Kindly note, however that your use of the Grenke ‘GO PARTNER' portal is subject to the Terms and Conditions of Use https://partner.grenkeonline.com/en-CA.

 

These Terms of Use are not assignable, transferable or sublicensable by you except with Grenke's prior written consent. Grenke may assign these Terms of Use 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 of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

These Terms of Use were last updated on October 13, 2020.