Thank you for using CrashQuotes.com, a technology platform (the “Platform”) operated by Crash Quotes Inc. (“CQ, “we”, “our” or “us”), that: (i) provides you, an autobody shop, rental car service, towing service or similar automotive service provider (“you”, “your”, “Supplier”), with the opportunity to connect with individuals who may be interested in your services and locations of your business; (ii) facilitates the promotion of your services and business locations; and (iii) facilitates the provision of potential customers’ contact details to Suppliers in order for Suppliers to provide estimates, book appointments and enter into agreements with such potential customers to receive Suppliers’ services (collectively, the “Services”).
These Terms & Conditions (the “Terms”) are made between you and Crash Quotes Inc., a business incorporated under the laws of the Province of Ontario and cover your use and access to the Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By accessing or using any of the Services, you agree to accept and abide by these Terms, including our Privacy Policy (collectively our “Agreement”). By accessing or using any of the Services, you represent that: (i) you have the corporate capacity to enter into this Agreement, if applicable, and to perform the obligations hereunder; and (ii) the entering into of this Agreement has been duly authorized and constitutes a legally valid and binding obligation on you enforceable in accordance with its terms.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms from time to time by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of the Services, including the Platform, constitutes acceptance of those changes.
We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, update and improve Services, including, without limitation, information, materials and descriptions available through the Platform and to suspend and/or deny access to the Platform for scheduled or unscheduled maintenance, upgrades, improvements or corrections. We may discontinue or change any Services offered at any time.
You can review the most current version of the Terms of Service at any time at this page.
If you access any of our social media pages, these Terms are in addition to any terms and conditions governing such social media platforms.
PRIVACY
By accessing our Services, you agree that we can collect and use your information in accordance with the Privacy Policy.
SERVICES
In accessing the Services, you acknowledge that CQ operates a Platform that allows you and other Suppliers to connect with prospective customers and other individuals who may be interested in your services and may purchase services from you independently of the Platform.
Prospective customers will be able to create an account on the Platform, upload photos and videos, and submit other relevant information related to their automotive concern in order to be connected with local Suppliers whose services may meet their needs. Each submission by a prospective customer will provide details about their specific requirements. Suppliers will then have an opportunity to provide an estimate price for their services via the Platform for such prospective customer’s consideration. If a prospective customer wishes to make an appointment for services based on a Supplier’s estimate, they may do so via the Platform, and the Supplier may confirm such appointment with the prospective customer directly by email or telephone.
Prospective customers will not be able to use our Platform or Services to purchase any services from Suppliers directly. Suppliers will need to make arrangements for execution of contracts, invoicing and collection of payment independently of the Platform.
CQ may update the Platform from time to time in its sole discretion to add, change or remove features and/or functionality. Occasionally there may be information available through the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges and other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information related to the Services is inaccurate at any time without prior notice to you.
SUPPLIER ACCOUNT
In order to access the Services, you will be required to register for and maintain an administrative account with the Platform at the commencement of this Agreement (“Supplier Account”). You may only possess one Supplier Account at any time and will specify one or more individuals to act as administrators of the Supplier Account with authority to manage and update Supplier’s information and content. As part of the process to set up your Supplier Account, you will be required to submit to CQ information about your business, including your address and phone number and such other supporting documents as we may require to verify your business. By setting up your Supplier Account, you agree to maintain accurate, complete, and up-to-date information in your Supplier Account.
You are responsible to keep your Supplier Account information, including your username and password secure and not share that information with anyone else. You are also responsible for keeping your devices secure, to prevent unauthorized use and access of any passwords and account information.
We have the right to suspend or terminate your Supplier Account and refuse any and all current or future use of the Platform and Services (or any portion thereof) if: (i) you provide, or CQ has reasonable grounds to believe you have provided, inaccurate, incomplete information or information that is not current; (ii) for failure to pay applicable fees; (iii) you breach any of these Terms; or (iv) otherwise in accordance with these Terms or for any other reason.
SUPPLIER OBLIGATIONS AND RESPONSIBILITIES
In order to receive the Services, you will be required to:
1. input all of your business and other information that is required to be available through the Platform (“Supplier Content”). In providing this information, you represent and warrant that all Supplier Content is, and at all times will remain, current and accurate and comply with all applicable laws and regulations. CQ further reserves right in its sole discretion to investigate, delete, remove or disable access to any Supplier Content, suspend or terminate your Supplier Account at any time, or pursue any other remedy or relief available under equity or law if you post any Supplier Content that violates this Agreement or we consider to be objectionable for any reason; and
2. pay a non-refundable monthly subscription fee (the “Fees”), in advance, for use of the Platform and our Services. The Fees shall be determined by us at our discretion and may be changed from time to time. The subscription will automatically renew on a monthly basis and Fees will be charged to your credit card on file with CQ. You hereby authorize such automatic monthly payments to be processed, subject to termination of your subscription for the Services in accordance with these Terms. Supplier is responsible for providing complete and accurate billing information and keeping such billing information current.
Supplier covenants and agrees with CQ as follows: (a) that the services that Supplier provides to its customers will be performed by Supplier and anyone acting on its behalf in a professional and workmanlike manner, and to such high standard of quality as it is reasonable for the customer to expect with regard to all circumstances; (b) Supplier shall comply, and shall cause anyone acting on its behalf to comply, at all times with all applicable laws, guidance and regulations that apply to your provision of services to your customers; (c) Supplier will, at all times, cooperate with CQ in all matters relating to the Platform and Services; (d) Supplier will, at all times, provide, in a timely manner, such information as CQ may reasonably require, and ensure that it is accurate and complete in all material respects; (e) comply at all times with these Terms; (f) comply with all policies and requirements as specified on our website, as updated by us from time to time; (g) comply with any vetting requirements that we may impose on you from time to time; (g) ensure that you make it clear to customers and prospective customers that any services to be provided are provided to them by you and not by CQ.
Supplier further acknowledges and agrees that CQ acts only as a facilitator in connecting Suppliers with potential customers. For certainty, the provision of any services by a Supplier to any person shall be subject to a separate legal agreement between such Supplier and the person receiving such Supplier’s services. In no event will CQ have any liability whatsoever in respect of any services provided by a Supplier to any person, whether such person was introduced to Supplier via the Platform or otherwise.
CONFIDENTIALITY
You acknowledge that by accessing the Platform and interacting with prospective customers, you may have access to and become familiar with various trade secrets of CQ and other confidential and proprietary information relating to CQ and its business, its past, present and prospective clients, users, other Suppliers, employees, contractors, strategic partners and others with whom CQ has, will or may have a business relationship including, without limitation, any and all lists, data and personal information concerning such persons, business, marketing and financial information, research, systems, know how, trade secrets, intellectual property and other proprietary and confidential information used by CQ in the operation of its business (collectively, "Confidential Information"). All Confidential Information is and will remain the exclusive property of CQ or, in the case of any Supplier’s or prospective customer’s personal information, the applicable Supplier or prospective customer.
You covenant and agree to keep all Confidential Information strictly confidential and not to disclose it to any person or use it for any purpose except as may be necessary to provide your services to prospective customers.
TERMINATION
In addition to any other right or remedy available to us, CQ may suspend or terminate your access to the Platform and Services with immediate effect by giving you notice if: (a) you fail to pay any sums due to us during the term of our agreement; (b) if you fail to comply with any of your other obligations set out herein; (c) if we receive a disproportionate number of complaints and/or bad reviews regarding your services and/or dealings with customers or prospective customers, generally; (d) if, in our absolute discretion, we consider your registration as a Supplier on the Platform to be detrimental or potentially detrimental to the reputation of CQ; or (e) you are subject to an investigation by a competent regulatory authority.
Additionally, either you or we may terminate your access to the Platform and Services with immediate effect by giving written notice to the other if: (a) the other party commits a material breach of any term of these Terms; (b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up, having a receiver appointed to any of its assets or ceasing to carry on its business; (c) the other party suspends, or threatens to suspend or cease or threatens to cease to carry on all or a substantial part of its business or (d) the other party’s financial position deteriorates to such an extent that it in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under these Terms has been placed in jeopardy.
You may also terminate your agreement with CQ for any reason or no reason by providing written notice to us in accordance with these Terms, such termination to take effect on the later of: (i) the date that is thirty (30) days from the date such notice is first given; and (ii) the date of the last scheduled appointment which you have booked with a prospective customer via the Platform. For certainty, you will continue to be charged the applicable Fees up to the effective date of such termination.
In the event that you cease to provide relevant services and/or you do not wish to continue to be listed on the Platform, you shall notify us immediately so that we may withdraw your registration as a Supplier on the Platform so that prospective customers are not provided with your details.
No refunds will be issued in connection with any termination or removal of a Supplier from the Platform.
The termination of a Supplier Account for any reason will result in the deactivation or deletion of such account or Supplier’s access to such account, and immediate archival or deletion of all data in such account.
CQ reserves the right to refuse service to anyone in its sole and absolute discretion.
INTELLECTUAL PROPERTY AND LICENSING
All information available through the Platform and Services including but not limited to text, graphics and code is copyrighted, and is the sole and exclusive property of CQ, other Suppliers or prospective customers. Such information is protected by Canadian and international copyright laws. ALL RIGHTS ARE RESERVED.
All trademarks, service marks and trade names provided in connection with the Services and other information and materials, are sole property of CQ, other Suppliers or prospective customers. You are prohibited from using any such marks for any purpose without the written permission of CQ or such third party, as applicable.
Subject to these Terms, CQ hereby grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to access and use the Platform and Services for your own use.
You shall not, directly or indirectly: (i) in any way modify, translate, adapt or otherwise create derivative works of the content, information or related materials that are made available through the Services; (ii) reproduce, reverse engineer, modify, license, sell, resell, transfer, publicly display, broadcast, remove, delete, alter or obscure or otherwise exploit any copyright, trademark or other intellectual property (including, without limitation, the Platform itself), or proprietary rights notices made available through the Platform or the Services, except as expressly permitted by CQ; (iii) reproduce, license, sell, resell, transfer, publicly display, broadcast, or otherwise exploit any information, advice or communications made available through the Platform or Services, except as expressly permitted by CQ; (iv) impersonate any person or entity; or (v) use the Platform or Services in violation of any law.
You acknowledge and agree that the Services are provided under license of use only, and not for any other purpose. You agree that CQ is the sole and exclusive owner of the Platform and Services.
PROHIBITED USES
You are prohibited from: (a) using the Services or Platform for any unlawful purpose or in any manner inconsistent with the rights granted herein; (b) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (c) submitting false or misleading information; (d) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or any related websites or mobile applications; (e) selling, licensing, sublicensing, distributing, leasing or otherwise transferring or allowing the transfer of any information or documentation provided to you in connection with your use of the Services to third parties; (f) permitting access to the Platform or Services to any third party or unauthorized user; or (g) for any reason that would violate these Terms. We reserve the right to terminate your use of the Platform and our Services for breach of this provision.
DISCLAIMERS
Our Platform and Services are provided “AS IS” and “AS AVAILABLE”. You use the Platform and the Services at your own risk. CQ does not review, approve, verify, endorse, or make any other warranties or representations about the accuracy, reliability, availability, suitability, completeness, appropriateness or timeliness of our Platform or the content made available through the Services. In no event will CQ be liable for any damages or liability resulting from the use of the Platform or Services.
Other than as may be expressly provided in writing by CQ in connection with your use of the Services and to the fullest extent permitted by applicable law, CQ does not provide any warranties, either expressly or impliedly, for any particular purpose and expressly disclaims all representations and warranties, including without limitation any implied warranties and conditions of merchantability, non-infringement, fitness for a particular purpose or use, interoperability, specific financial results, profitability, attainment of any number of impressions, clicks, views, interactions, customer conversion, or other related metric, or warranties of any products or services.
Further, CQ does not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; or (c) any information obtained by you as a result of your use of the Services will be accurate or reliable. CQ is not responsible for and disclaims all liability related to delays, delivery failures, or other damage resulting from matters outside of its control, including problems inherent in the use of the internet, mobile and personal computing devices and third party service providers. Any material downloaded or otherwise obtained through your use of the Platform or Services is done at your own discretion and risk.
WAIVER/RELEASE OF CLAIMS AND LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings which you have or may in the future have against CQ and its affiliates and their respective officers, directors, shareholders, employees, contractors, suppliers and agents (the “Releasees”) and you, on your own behalf and on behalf of those for whom in law you are responsible, hereby release and forever discharge the Releasees from any and all claims and liability for or in respect of any damage, loss, cost or expense suffered or incurred as a result of or related to your use of the Services, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.
IN NO EVENT WILL CQ OR ANY OF THE OTHER RELEASEES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE OR KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OF THE SERVICES. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SURVIVES A FUNDAMENTAL BREACH OR FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS.
Further, to the fullest extent permitted by applicable law, the maximum aggregate liability CQ or any of the other Releasees to you concerning or in any way related to the Terms and your use of the Services is limited to direct damages in an amount not to exceed the Fees actually paid by you to CQ for the Services rendered hereunder for the most recent one (1) month period immediately preceding the event giving rise to such claim.
INDEMNIFICATION
You agree to indemnify, hold harmless and defend CQ and the other Releasees (collectively, the “Indemnified Parties”) from and against any action, suit, claim, demand, proceeding, liability, damage, loss, penalty, cost and/or expense (including, without limitation, legal fees) which may be made or brought against the Indemnified Parties or any of them or which any of them may suffer or incur as a result of, in respect of, or arising out of: (i) any breach by you of these Terms; (ii) any non-fulfillment by you of any covenant or agreement under these Terms; (iii) any breach by you, whether by commission or omission, of any of your obligations, representations or warranties under these Terms; (iv) any content you post, store or otherwise transmit on or through our Platform or third-party applications; (v) any violation by you of any law or rights of any third party in the use of the Platform or Services; and/or (vi) any claim which may be made or brought against any of the Indemnified Parties by any third-party, or which any of them may suffer or incur in relation to your use of the Platform or Services
APPLICABLE LAW
This Agreement will be governed by and construed under and pursuant to the laws of the Province of Ontario without giving effect to its conflict of law provisions and the parties hereby irrevocably submit to the jurisdiction of the courts of Ontario.
WAIVER
CQ will not be deemed to have waived the exercise of any right that it holds under these Terms unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any such right will be deemed to be a waiver with respect to any other instance involving the exercise of the right or with respect to any other such right. No failure to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of that right.
SEVERABILITY
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
SURVIVAL OF TERMS
These Terms will remain in effect so long as is necessary to give full effect to your past, present and/or future use of the Platform.
NOTICE
Any notice required or permitted to be given by either party to the other under these Terms is to be in writing. In the case of CQ, notice shall be given by email to: info@crashquotes.com. In the case of Supplier, notice shall be given to the email address associated with the Supplier Account registration.
ENTIRE AGREEMENT
These Terms and any further terms provided to you by CQ upon or in connection with your use of the Services, constitute the entire agreement between you and CQ with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements.
QUESTIONS
Please contact us at: info@crashquotes.com