General conditions of sale and use of Kiwiz

OVERVIEW

This website is operated by the company 9417-6674 Québec Inc. hereinafter referred to as “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 referenced herein and/or hyperlinked. 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 Terms 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 Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services provided there. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

All new features and tools that will be added to this store later 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 to 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

The use of our products for any illegal or unauthorized purpose is prohibited, and you shall not, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to To copyrights).

You must not transmit worms, viruses or any other destructive code.

Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

 

ARTICLE 2 - GENERAL CONDITIONS

On this site, the terms "we", "us" and "our" may refer to Kiwiz AND Technicians who are members of the Kiwiz network for the purpose of simplifying the understanding of Users. 

Below we will present the different parts and their role.

  • Kiwiz owns the website and the App.Kiwiz.ca platform allowing (1) Users to share their need to do an inspection on a vehicle, (2) to offer visibility to Technicians who wish to carry out inspections and (3) ensure that the connection works properly. 
    Kiwiz's main activity is car brokerage by accompanying and advising the User in his request for inspection and may be required to guide him in the choice of Technician. 
  • The User is the person wishing to carry out an inspection on a vehicle and can share their request via the form available on App.Kiwiz.ca
    When booking, the User makes full payment, which includes the fees charged by the technician and the management fees charged by Kiwiz. By using Kiwiz's brokerage, the User expects to receive AT LEAST the service described by the Kiwiz specifications set out on the website. In addition, it is the responsibility of the user to ensure that the owner agrees to let an inspector from the Kiwiz network carry out the inspection on his vehicle, as well as a test drive. Neither Kiwiz nor the inspector is held responsible if the road test cannot be performed due to a refusal by the owner, or a lack of acceptable conditions (example: plate X).
  • The Technician is a professional with all the skills required to perform an inspection as described by the website. The Technician has a duty to respect all the laws and regulations that govern the profession of inspector and self-employed worker.
    Therefore, Kiwiz is not responsible for any breach of the rules.
    The Technician, by paying a subscription to Kiwiz, receives identifiers allowing him (1) to access the App.Kiwiz.ca platform to offer his inspection services, (2) benefits from numerous technological tools whose mission is to help carry out the mandate and (2) understands and accepts that it must AT LEAST fulfill the specifications promoted on the kiwiz.ca website.

We reserve the right to refuse access to services for any reason at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this implies (a) transmissions on various networks; And (b) changes to comply and adapt to technical requirements for the connection of 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 Written express prior to our part.

The titles 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

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 thereof) without notice and at any time.

We will not be liable to you or any third party for any change in price, suspension or interruption of the Service.

 

ARTICLE 5 – SERVICES 

Certain services may be exclusively available online on our website. These services may be available in limited quantities and can only be reimbursed for a $30 fee covering transaction and file management fees or an inspection credit.

We reserve the right, but are not obligated to, to limit sales of the Services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any service offered. We reserve the right to stop providing service at any time. 

Any offer of service presented on this site is void where prohibited by law.

If any provision of these GENERAL TERMS AND CONDITIONS OF SALE AND USE is held to be illegal or invalid, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part hereof GENERAL TERMS AND CONDITIONS OF SALE AND USE. 

 

ARTICLE 6 - ACCURACY OF INVOICING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate order and account information for all orders placed on app.Kiwiz.ca. You agree to promptly update your information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. You can notify Kiwiz of any changes by emailing “bonjour@kiwiz.ca”.

 

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not track, control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third party tools.

If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms and conditions on which these 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 features and services will also be subject to these Terms and Conditions of Sale and Use.

 

ARTICLE 8 - LINKS OF THIRD PARTIES

Certain content, products and services available through our Service may include material from third parties.

Links from third parties on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service or other materials accessible on or From these third party sites.

We are not responsible for any damages or damages incurred in connection with the purchase or use of any goods, services, resources, content, or any other transaction made in connection with such third party websites. Please read the policies and practices of third parties carefully and ensure that you understand them before you commit to any transaction. Complaints, claims, concerns, or questions concerning the products of such third parties must be submitted to these third parties.

 

ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS

If, at our request, you submit specific content (for example, to participate in competitions or case studies), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without restriction, to edit, copy , publish, distribute, translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.

We may, but have no obligation to do so, monitor, modify or delete content that we, in our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and 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 any illegal, defamatory, offensive or obscene content and that they will not contain any computer virus or other malicious software that could in any way affect the operation of the Service Or any other associated web site. You may not use a false e-mail address, claim 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 make and their accuracy. We assume no responsibility and disclaim any obligation with respect to any comment you make or any other third party publishes.

 

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.

 

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate, and , at any time and without notice (including after you have placed your order).

No set date of update or update in the Service or any other associated website should be taken into account to conclude that the information in the Service or any other associated 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

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.

We do not warrant or represent in any way that your use of our “Ad Finder” Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of this tool will be accurate or reliable.

 

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 liabilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General 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 determine, 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 notice to you in advance and you will remain liable for all amounts owing up to and including the date of termination, and / or we may deny you access to our Services (or any part of them) ).

 

ARTICLE 17 - ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use should not constitute a waiver of such right or provision.

These Terms and Conditions of Sale and Use or any other policy or operating rule that we publish on this Site or in connection with the Service constitute the entire agreement and agreement between you and us and govern your use of the Service, and replace all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and 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 writing 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 check the most recent version of the General Conditions of Sale and Use at any time on this page.

We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to see if any changes have been made. Your continued use of or access to our site following the publication of any changes to these Terms and Conditions constitutes acceptance of these changes.

 

ARTICLE 20 - CONTACT INFORMATION

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