Terms & Conditions
Last Updated May 25, 2015
WEBSITE TERMS AND CONDITIONS
Thank you for visiting the Canadian Suzuki website (this "Site"). The following are terms of a legal agreement between you and Suzuki Canada Inc. on its behalf and on behalf
of its parent, its affiliates, third party service providers, and their successors and assigns, as applicable ("Suzuki") (this "Agreement "). By accessing, browsing or using this Site, you are acknowledging that you have without limitation or qualification read, understood and accept the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, please disconnect from this Site immediately. Suzuki reserves the right, in its sole discretion, to change the terms of any part of this Agreement, in whole or part, at any time. Except as otherwise provided herein, changes will be effective when notice of the change is posted on the Site.
Please check this Site regularly for changes to this Agreement. Your continued use of this Site following the posting of any changes to this Agreement shall constitute acceptance of those changes. The sale of products on this Site may be subject to additional terms that will be made available to you in Suzuki’s terms of sale policy and/or when you place your order.
You may provide personal information to Suzuki from time to time, including by
2. Authorized Use of this Site.
The information and materials in any medium contained in this Site, including but not limited to text, organizations of data, data, databases, downloads, streamed data, sound, music, images, graphics, electronic icons, web page designs, web processes embodied in the Site or other materials (collectively, the "Content") are owned or licensed by Suzuki. Suzuki authorizes you solely to view or download a single copy of the Content, and to copy electronically, display and print hard copy portions of this Site, all for your personal and non-commercial use and for no other purpose; provided that you: (a) must retain, on all copies of the Content downloaded, all copyright and other
proprietary notices contained in such Content; (b) not modify the Content; and (c) do not transfer the Content to any other person unless you give them notice of, and they agree to accept the obligations arising under this Agreement.
Any other use of the Content, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution, performance, licensing, creation of derivative works or other exploitation, without prior written permission of Suzuki, is strictly prohibited. Your unauthorized use of the Content for any purpose other than as expressly set out in this Agreement is a violation of the intellectual property rights of Suzuki and its licensors and may subject you to civil liability or criminal prosecution under applicable laws.
You may not use this Site for any purpose that is unlawful, unethical or contrary to the terms and conditions of this Agreement or any policies referred to in this Agreement.
You shall not use this Site in any manner that could damage, disable, or impair this Site or any related services in any way, or interfere with any other party's use of this Site or related services. You shall not attempt to gain unauthorized access to this Site or any services, systems, or networks howsoever linked to this Site through any means, including but not limited by password mining, spoofing or hacking. You shall not obtain or attempt to obtain any materials or information through any means not intentionally provided to you by normal operation of this Site.
3. Canadian Content and Pricing / Suzuki Dealers.
The products and services specified on this Site are intended for use in Canada and are available only to Canadian residents in Canada and only where permitted by law. All pricing and other financial information on this Site is stated in Canadian currency,
unless otherwise provided for. Any promotional programs, job opportunities and services described on this Site are available only in those provinces and territories of Canada that are specifically identified in the description of the applicable program, opportunity or service.
Vehicles may not be exactly as shown. Without limiting any other provision of this Agreement, prices and product specifications may not be accurate or complete. This Site in no way constitutes an offer to buy or sell vehicles from Suzuki.
Unless specified otherwise, all prices referenced in this Site are Manufacturer's Suggested Retail Prices (“MSRP”) only and do not include taxes (including but not limited to air conditioning excise tax, retail sales tax , HST, PST or GST), title and registration fees, dealer pre-delivery and administrative charges, license fees, consumer rebates or incentives, dealer added options, destination and delivery charges, environmental charges or fees or any other additional costs. Any calculation of price, taxes or financing costs is provided as an estimate for your reference purposes only.
The sale or lease of certain products and services described on this Site is conducted through a network of independent, authorized Suzuki dealers and is subject to and governed by the legal terms and conditions of the applicable sale or lease agreement made between the applicable Suzuki dealer and you. Suzuki dealers are under no obligation to provide products or services at the prices posted on this Site and Suzuki and its affiliates are not responsible for the prices which may be established by any Suzuki dealer. Your Suzuki Dealership may sell for less which in no way will affect their relationship with Suzuki Canada Inc. Please consult with your Suzuki Dealer for a complete pricing breakdown applicable in your province. The actual selling price is determined by the Dealer.
4. Provision of Information by User.
To the extent that you provide information to Suzuki by operation of this Site where it is reasonable to expect that Suzuki or its dealers may rely on this information, you represent that such information shall be accurate and complete.
5. Modifications to Content.
Suzuki reserves the right to make changes to the Content, including all prices, models, services, equipment, specifications and availability, at any time without notice. If a posted price for a product or service is incorrect, Suzuki is only responsible for the correct price, which Suzuki shall provide you with upon becoming aware of the error.
Suzuki reserves the right to refuse or cancel any orders for products or services listed at an incorrect price. Please check with your Suzuki dealer for complete details.
YOU ACKNOWLEDGE AND AGREE THAT ALL ELEMENTS, MATERIALS, INFORMATION, CONTENT, SERVICES ASSOCIATED WITH THIS SITE OR ANY LINKED SITE ARE PROVIDED ON AN "AS IS" BASIS FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT ANY REPRESENTATION, WARRANTY, TERM OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION, SECURITY, ACCURACY, CURRENCY, COMPLETENESS, PERFORMANCE, TITLE AND NON- INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
7. Limitation of Liability.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU AGREE AND ACCEPT THAT SUZUKI SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGES, LOSSES, INJURIES OR EXPENSES OF ANY KIND HOWSOEVER ARISING FROM YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO (A) UNAUTHORIZED ACCESS TO, USE, ALTERATION OR DELETION OF TRANSMISSIONS OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF INFORMATION PERTAINING TO ANY ACCOUNT ASSOCIATED WITH THIS SITE, OR (B) DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU FURTHER AGREE AND ACCEPT THAT ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THIS SITE IS ASSUMED SOLELY BY YOU. IN NO EVENT SHALL SUZUKI BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), WHETHER IN CONTRACT, TORT, STRICT LIABILITY, DELICT, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (A) RELIANCE ON INFORMATION OR MATERIALS PRESENTED THROUGH THE SITE, (B) LOSS OF USE, DATA OR PROFITS, (C) DELAYS OR BUSINESS INTERRUPTIONS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, WHETHER OR NOT SUZUKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN ANY EVENT, SUZUKI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO FIFTY CANADIAN DOLLARS ($50.00 CAD).
This Site may contain links to third party web sites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). Suzuki is in no way responsible or liable for any Linked Sites or Third Party Information, including without limitation the accuracy, compliance with third party intellectual property, compliance with laws, or any other aspect thereof. Suzuki is not responsible for any transmission of data or computer code received from a Linked Site. Access to any Linked Sites or Third Party Information is provided for convenience only and does not constitute an endorsement or approval of any kind by Suzuki of the owners or operators of the Linked Sites or originators of any Third Party Information, or represent any association between Suzuki and the operators of the Linked Sites or originators of the Third Party Information. Without limiting any of the foregoing, you are solely responsible for your access to and use of any Linked Sites and any dealings between you and the operators of any Linked Sites.
9. Intellectual Property Rights.
Neither you nor anyone acting on your behalf, including your personnel, shall acquire any right, title, or interest to, or arising from, any intellectual property or other proprietary rights, including but not limited to any copyright, trademarks, patents, designs, or trade secrets, relating to the Content of this Site. You agree that your use of this Site and any Content is subject to Suzuki's intellectual property therein, and that such intellectual property is valid and enforceable.
"SUZUKI" and all other trademarks, symbols, trade names or slogans appearing in connection with this Site are registered or unregistered trademarks of Suzuki Canada Inc. or Suzuki Motor Corporation (the "Suzuki Trademarks"). The use of the Suzuki Trademarks in any way without prior written consent from Suzuki Canada Inc. is strictly prohibited. All other trademarks, symbols, trade names or slogans are the property of their owners. The unauthorized use of any trademark, symbol, trade name or slogan on this Site is prohibited. All rights not expressly granted to you are reserved by Suzuki and its licensors.
10. Content Submitted by You.
By posting, uploading, inputting, submitting or otherwise providing any information or materials to this Site (“User Content”), you consent to Suzuki's collection of such information, and you grant Suzuki and its parent and affiliates the right to use and exploit such information or materials in any way without any obligation to compensate
you in any way. To the extent that Suzuki, its parent or its affiliates use such information or materials in any way to develop products, services or any related intellectual
property, you acknowledge and agree that such products, and any intellectual property arising from such products or services, shall be exclusively owned by Suzuki, its parent or its affiliates. You represent and warrant that by providing this information or materials that you have the right to do so, and to grant the rights referred to under this heading. Without limiting the generality of the foregoing, you agree not to:
post, transmit, link to, or otherwise distribute any User Content that:
- infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
- contain any libellous, tortious or otherwise unlawful information;
- are inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful;
- denigrate people because of their race, religion, country of origin, sexual orientation or gender;
- depict violent or criminal acts, or seek to incite violence or crime;
- relate or pertain to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
- include a photograph of another person or personal information of another person or use that person's correspondence, diaries or personal documents without that person's consent;
- involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
- could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity; or use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site without Suzuki’s express written consent.
By contributing User Content to this Site, you give (or warrant that the owner of such rights has expressly given) to Suzuki and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to host, cache, store, use, copy, distribute, sell, re-sell, display, perform, publish, broadcast, transmit, modify, edit, reformat, translate, create derivative works from or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media or medium now known or hereafter developed and with any technology or devices now known or hereafter developed without any compensation to you. You also grant to Suzuki the right to sub-license and authorize others to exercise any of the rights granted to Suzuki under this Agreement; and each such third party will be entitled to benefit from the rights and licenses granted to Suzuki under this Agreement. In addition, you warrant that all moral rights in such User Content has been waived. You further agree that Suzuki is free to use any ideas, concepts, know-how, or techniques contained in any of the User Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.
Suzuki would be happy to hear any ideas or suggestions related to the improvements or additions to the Site (“Submissions”). Submissions will be subject to this Agreement and any disclosure of such Submissions will not be subject to any obligation of confidentiality or expectation of compensation. By providing a Submission you are waiving any and all rights that you may have in the Submission and you are
representing that the Submission is wholly original with you, that no one else has any rights in the Submission and that Suzuki is free to implement the Submission as provided or as modified by Suzuki without obtaining the permission or license of any third party.
12. Compliance with Anti-Spam Laws.
Suzuki complies with Canada’s anti-spam legislation, found at S.C. 2010, c.23 (“CASL”). CASL affects the way in which Suzuki may contact you electronically with respect to communication about promotions, special offers, and similar communications. In order for us to send commercial electronic messages ("CEMs") to you in accordance with CASL, we require your consent to receive them. To provide your express consent to receiving CEMs from Suzuki or to withdraw your consent at any time you may send us an e-mail at firstname.lastname@example.org or contact us through our Contact Page.
You agree to defend, indemnify and hold Suzuki, its employees, officers, and directors from all liabilities, claims, costs and expenses including reasonable legal fees and disbursements, that arise from your use or misuse of this Site, your non-compliance with this Agreement, the possession, handling, use, or resale of the products sold on this Site (including, but not limited to, any claims alleging negligence on the part of Suzuki) or your violation of any third party rights. Suzuki reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Suzuki in asserting any available defences.
14. Violations and Termination.
Suzuki may in its sole discretion advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if you engage in any acts that Suzuki in its sole discretion deems to constitute a violation of the terms and conditions of this Agreement, Suzuki or its representative may take any responsible actions that they deem appropriate. Such action may include, but is not limited to, barring your access to this Site, or certain portions of this Site. These actions are not Suzuki's exclusive remedies and Suzuki may take any other legal, equitable, or administrative action it deems appropriate. Suzuki further reserves the right to investigate suspected violations of the terms and conditions of this Agreement. You hereby authorize Suzuki to
cooperate with (A) law enforcement authorities in the investigation of suspected criminal violations and (B) system administrators at Internet service providers, network or computing facilities in order to enforce the terms and conditions of this Agreement. Such cooperation may include Suzuki providing usernames, IP addresses, or other information identifying you.
This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Suzuki reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.
15. General Provisions
If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Unless specifically provided herein, this Agreement along with this Site’s terms of sale, as applicable, constitute the entire agreement between you and Suzuki with respect to your use of this Site. This Agreement shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the
use of this Site except as specifically set forth herein. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Suzuki other than that of independent contractors. No waiver of any of the terms of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Suzuki. The
section titles in this Agreement are for your convenience only and do not have any legal or contractual effect. This Agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to your use of this Site or this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records executed and maintained in the original form in which they were generated.
16. Effective Date.
These terms and conditions are effective as and from the effective date shown above. We encourage you to visit this Site frequently to view our most current terms and conditions.
17. Further Information.
For information on these Terms and Conditions, or if you have any questions, concerns or complaints, please write to us at:Customer Service Suzuki Canada Inc. 100 East Beaver Creek Road Richmond Hill, Ontario, CANADA L4B 1J6
You may also reach us at 1-866-828-7252 or via email email@example.com.
Les parties declarent qu'elle sont demande que cette entente et tout document s'y rapportant soient prepares en anglais. The parties to this Agreement declare that they have requested that this Agreement and all ancillary documents be prepared in the English language.