TERMS & CONDITIONS
Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Jaguar Land Rover Canada ULC (“JLR Canada,” “our” or “we”), including but not limited to the Jaguar Canada and the Land Rover Canada websites, as well as any online features, services and/or programs offered by JLR Canada (collectively, the “Website”).
These Terms are not applicable to any other web pages operated and/or owned by any entity other than JLR Canada, including, but not limited to, Tata Motors, Jaguar Land Rover Limited, Jaguar Land Rover North America, LLC, and any automobile retailer or service center. Users of the foregoing resources should refer to the Terms and Conditions in effect for the applicable owner.
By accessing or using the Website, you agree (or your parent/legal guardian agrees on your behalf if you are under the age of majority in your jurisdiction of residence) to the following Terms. If you (or your parent/legal guardian on your behalf if you are under the age of majority) do not agree to any portion of these Terms, you should not access or otherwise use the Website.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, JLR Canada does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) JLR Canada has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of JLR Canada. We may make changes to the Website and/or to the products or services described on the Website and in these Terms at any time and without further notice to you. We will make an effort to update this web page with any changes to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY. When and if User Accounts are used in connection with the Website, the following shall apply.
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use appropriate precautions to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify JLR Canada of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if JLR Canada has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. JLR CANADA DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT JLR CANADA WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF JLR CANADA AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION AND RELEASE. You agree to release, defend, indemnify and hold harmless JLR Canada and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by JLR Canada, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL JLR CANADA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME PROVINCES/TERRITORIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES/TERRITORIES OR JURISDICTIONS THE LIABILITY OF JLR CANADA WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. NO OFFER TO SELL OR LEASE. The Website does not constitute an offer for the sale or lease of any particular vehicle. Distributors and retailers are not agents of JLR Canada and have absolutely no authority to bind JLR Canada by any express or implied undertaking or representation. The purchase of any Jaguar or Land Rover vehicle shall be subject to the terms and conditions of the applicable sale or lease contract. Any Manufacturer's Suggested Retail Price (MSRP) listed on the Website excludes destination and delivery, taxes, title, license and local fees. Actual retailer price may vary. The Website shall not be used or relied upon by you as a substitute for information that is available from an authorized Jaguar or Land Rover retailer.
7. FUEL ECONOMY ESTIMATES. All fuel economy figures are based on EnerGuide published by Natural Resources Canada. Fuel economy figures have been calculated using the same test cycle as used for official exhaust emission classification. Under normal use, a vehicle's actual fuel consumption figures may differ from those achieved through the applicable test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition. If you have any questions about fuel economy figures, please consult your retailer.
9. THIRD PARTY CONTENT.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with JLR Canada. In most cases, it is beyond JLR’s control that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, JLR Canada’s Content; (ii) may not create a browser, border environment or frame JLR Canada’s Content; (iii) may not imply that JLR Canada is endorsing it or its products or services; (iv) may not misrepresent its relationship with JLR Canada; (v) may not present false or misleading information about JLR Canada’s products or services; (vi) should not include content that could be construed as illegal, distasteful, offensive or controversial, all as determined by JLR Canada in its sole and absolute discretion; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations. JLR Canada may withdraw any permission for a third party to link to the Website, at any time and for any reason, in its sole and absolute discretion.
10. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are either (a) JLR Canada’s or its parent’s, subsidiaries’ or affiliates’, or (b) another party’s, registered and unregistered trademarks. JLR Canada is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of JLR Canada, its parent, subsidiaries or affiliates, that may be referred to on the Website are the property of JLR Canada, its parent, subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of JLR Canada’s, or its parent’s, subsidiaries’ or affiliates’, trademarks, service marks or copyrights without JLR Canada’s prior written permission. JLR Canada aggressively enforces its intellectual property rights. Neither the name of JLR Canada or its parent, subsidiaries or affiliates, nor any of JLR Canada’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without JLR Canada’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 9(b) above may use the names “Jaguar” or “Land Rover” in or as part of that link.
12. AVAILABILITY. Information that JLR Canada publishes on the Website may contain references or cross-references to products, programs or services of JLR Canada, its parent, partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that JLR Canada, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact JLR Canada for information regarding the products, programs and services that may be available to you, if any.
13. COPYRIGHT COMPLAINTS. JLR Canada owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of JLR Canada. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement, JLR Canada will respond promptly to remove the material claimed to be infringing and will follow our internal procedures to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by electronic mail to the JLR Canada Copyright Agent at firstname.lastname@example.org or by certified mail and marked “Copyright Infringement” to: Jaguar Land Rover Canada ULC, 75 Courtneypark Drive West, Unit 3, Mississauga, ON L5W 0E3.
14. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to JLR Canada, to its partners, to the business of the Website’s Internet service provider, or to other information providers.
15. GOVERNING LAW. These Terms will be governed by the laws of the province of Ontario without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the province of Ontario and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding anything to the contrary in this Section 15, these Terms will be governed by the laws of the province of Quebec for residents of Quebec only.
16. LOCAL LAWS. JLR Canada makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside Canada. The Website is intended for users in Canada only. For information about the Jaguar and Land Rover websites for users in other countries, please visit www.jaguar.com or www.landrover.com. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. JLR Canada is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of Canada export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada and, where applicable, the United States and the country in which you reside (if different from Canada and the United States).
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:
Jaguar Land Rover Canada ULC
75 Courtneypark Drive West, Unit 3
Mississauga, ON L5W 0E3
Attn: Customer Care – Web Site
© 2014 Jaguar Land Rover Canada ULC. All Rights Reserved.EFFECTIVE AS OF: June 12, 2014
LAST UPDATED: June 12, 2014