General conditions of sale and use of Kiwiz

OVERVIEW

This website is operated by Kiwiz. On this site, the terms "we", "our" and "our" refer to Kiwiz. Kiwiz offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting this site and / or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Conditions of Sale", "General Conditions of Sale and Use" , “Terms”), including additional terms, conditions and policies referred to herein and / or accessible by hyperlink. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and / or content contributors. Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use. All new features and tools that will be added to this store at a later date will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by posting updates and / or changes on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the website after the posting of any changes constitutes your acceptance of those changes.

ARTICLE 1 - CONDITIONS OF USE OF OUR WEBSITE

Use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to the laws relating to copyright). You must not transmit worms, viruses or any other code of a destructive nature. Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.

All Content posted on or accessible through this website is copyrighted. The Content and the copyright in the Content is owned or controlled by our company or its content providers. You may only use or reproduce the Content for personal, non-commercial use.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to deny access to services to any person at any time, for any reason whatsoever. You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission. express written notice from us. The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND NEWS OF INFORMATION

The inspection reports issued by the Inspectors are the conclusion of observations and hypotheses established during the inspection. The inspection report does not constitute proof that the car is in good working order. It is possible that upon further inspection, problems with the vehicle may be discovered.  

We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain some prior information. This prior information, by its nature, is not up to date and is provided for information purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes made to our site.

ARTICLE 4 - AMENDMENTS TO SERVICE AND PRICES

The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time. We will not be liable to you or any other third party for any price change, suspension or interruption of the Service.

ARTICLE 5 - GOODS OR SERVICES (if applicable)

Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy. We reserve the right, but are not obligated to do so, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We could exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any service or product offer made on this site is void where prohibited by law. We do not guarantee that the quality of any products, services, information, or any other merchandise that you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.

Photos, amounts (fuel, maintenance, taxes, permits and registration, and warranties) as well as all information on the website are estimates, are indicative and are subject to change.

ARTICLE 6 - ACCURACY OF INVOICING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email and / or billing address / phone number provided at the time the order has been placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to be from merchants, resellers or which are impossible to deliver within the desired time frame. You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

ARTICLE 7 - OPTIONAL TOOLS

 

We may provide you with access to third party tools over which we do not monitor, control or influence. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability resulting from or relating to the use of these optional third party tools. If you use any optional tools offered on the Site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the relevant third party provider (s). We may also, in the future, offer new services and / or new features on our site (including new tools and resources). These new functionalities and these new services will also be subject to these General Conditions of Sale and Use.

The “Model suggestion” tool allows the user to choose criteria and discover the results found that have the best percentage of compatibility.

This percentage is calculated according to an algorithm which takes into account arbitrary choices. In any case, this percentage has no financial value and is presented only as an indication.
The calculations used to obtain the percentages are based on the technical data sheets of the vehicles displayed on the guidelauto.ca site. Kiwiz is not the owner of these data sheets. When viewing the results, the technical sheets are accessible by clicking on the thumbnail. The user will then be sent to the website owner of the technical data sheets which is leguidelauto.ca

 

User chooses models and can get announcements by email. These ads are hosted on display platforms such as Kijiji, Autotrader, LesPAC and others. Kiwiz only shows previews of these ads, if the user wants to contact the seller, they are redirected to the hosting site.
Kiwiz does not in any way seek to distract the user from display platforms.  

Kiwiz reserves the right to stop sending email advertisements if the latter considers that the search volume exceeds the capacity of its servers or appears to be the result of an “attack” or simply at its sole discretion.  

The use of the term “the best ads” is based on the price comparison of the ads in effect on the ad platforms on the display platforms. 

However, the term “best” does not mean the lowest price. Finally, by requesting ads, the user accepts that kiwiz can share promotional offers. 

ARTICLE 8 - LINKS OF THIRD PARTIES

Certain content, products and services available through our Service may include material from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.

ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS

If, at our request, you submit specific content (for example, to participate in contests or case studies), or if without request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy , publish, distribute, translate and otherwise use and in any media any comments you send to us. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments. We may, but have no obligation to do so, monitor, edit or remove content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Conditions of Sale and Use. You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses or other malicious software that could in any way affect the operation of the Service. or any related website. You may not use a false email address, pretend to be someone you are not, or try to mislead us and / or third parties as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility for and disclaim any liability for any comments you post or any other third party posts.

ARTICLE 10 - PERSONAL INFORMATION

The submission of your personal information to our website is governed by our Privacy Policy. Click here to view our Privacy Policy. By continuing, you agree to accept the clauses present therein.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, fees. product shipment, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any related website is inaccurate, and that , at any time and without notice (including after you have placed your order). We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No set update or refresh date in the Service or on any related website should be taken into account to conclude that information in the Service or on any related website has been modified or updated.

ARTICLE 12 - PROHIBITED USES

In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its contents: (a) for illegal purposes; (b) to induce third parties to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the grounds of sex, sexual orientation, religion, ethnicity, race, sexual orientation, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be or may be used in a way that compromises the functionality or operation of the Service or any other related, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

 

The purpose of our site is to put people with automotive knowledge called “Inspectors” in touch with people wishing to have a used vehicle inspected, called “Customers”. 

The Inspector and the Client acknowledge that Kiwiz is solely responsible for bringing these two parties (Inspector and Client) into contact and has no responsibility for the delivery of the service, that is to say the inspection. 

Kiwiz's role is to provide a secure platform to ensure payments and promote the services of Inspectors, as a freelance writer. 

The Inspector undertakes to provide at least the service that meets Kiwiz's specifications, which includes a list of points to be inspected, deadlines and a commitment to total neutrality during the inspection. In other words, the Inspector must at least complete all the inspection points determined by Kiwiz and available on App.kiwiz.ca and accessible with an inspector account, and this within 72 hours.
The Inspector agrees to benefit from the secure payment system chosen by Kiwiz, currently Stripe. This payment system facilitates and secures transactions. The price indicated on our website includes the inspection fees payable to the Inspector and the management fees payable to Kiwiz. 
When requesting an inspection by the Client, the payment system performs a pre-authorization including the Inspector's fees and the management fees. As soon as an Inspector accepts the mandate, on condition of respecting Kiwiz's specifications, the amount withdrawn from the Client during the pre-authorization will be cashed.
Kiwiz then undertakes to return the amount collected to the Inspector within 30 days. Management fees will be deducted from the amount paid.
These management fees are variable and were established by mutual agreement with the Inspector. 

We do not warrant or make any representations that your use of our Service will be uninterrupted, prompt, secure, or error-free. We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notifying you first. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated to the contrary by us) provided "as is" and "as available" for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and freedom from infringement. Kiwiz, our directors, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors can in no way be held responsible for any injury, loss, claim, or direct, indirect, incidental damages, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs or any similar damages, whether contractual, tort (even in negligence), strict liability or otherwise, arising out of your use of any service or product derived from this Service, or as to any other claim relating in any way to your use of the Service or of any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from use of the Service or any tale nu (or product) posted, transmitted, or otherwise made available through the Service, even if you have been made aware of the possibility that they may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 14 - COMPENSATION

You agree to indemnify, defend and protect Kiwiz, our parent company, our subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorney's fees, made by any third party as a result of or arising from your violation of these General Terms and Conditions of Sale and Use or the documents to which they refer, or your violation from any law or the rights of a third party.

ARTICLE 15 - DISSOCIABILITY

In the event that a provision of these Terms and Conditions of Sale and Use is deemed illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part shall be considered as being dissociated from these General Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all the remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and responsibilities undertaken by the parties before the termination date will remain in effect after the termination of this agreement for all purposes. These General Conditions of Sale and Use are effective unless and until terminated by either you or not. You can terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If we believe, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notifying you. in advance and you will remain responsible for all monies owed until the termination date (including this), and / or we may deny you access to our Services (or any part thereof). ).

ARTICLE 17 - ENTIRE AGREEMENT

Any failure on our part to exercise or apply any right or any provision of these General Terms and Conditions of Sale and Use should not constitute a waiver of this right or provision. These Terms and Conditions of Sale and Use or any other policy or operating rule that we post on this site or in connection with the Service constitute the entire understanding and understanding between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporary, oral or written, between you and us (including, but not limited to any prior version of the General Conditions of Sale and Use). Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the detriment of the drafting party.

ARTICLE 18 - APPLICABLE LAW

These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, will be governed by and interpreted under the laws in force in Quebec.

ARTICLE 19 - MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE

You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

ARTICLE 20 - CONTACT INFORMATION

Questions regarding the General Conditions of Sale and Use should be sent to us at bonjour@kiwiz.ca.