Terms and Conditions
The Company may, in its sole discretion, update, modify or amend this Agreement without notice. Use of the Website after such changes are posted will signify your Agreement to these revised terms. You should visit this page periodically to review this Agreement.
Unless otherwise stated, the Company and/or its licensors and third party providers (hereinafter “Third-Parties”) own the copyright and intellectual property rights to this Website, its design, text, content, material, media, video, audio, forms and layout.
You may view, access, print, cache and/or download the materials located on the Website only for personal, non-commercial use. You may not reproduce this material on your own personal website, blog, social network or any other online source.
Any and all content (including user and visitor generated content) submitted to the Website or its content aggregation systems become the property of the Company. The Company reserves the right to alter, remove, re-post, re-purpose, market or trade any such content.
“emonthlies.com”, and all other related trademarks and design marks displayed on the Website are owned by the Company and/or the Third Parties. Other trademarks and designs are trademarks of the respective owners. You may not construe, either implicitly or otherwise, the use of the Website as permission to license, sub-license or the right to use any of the intellectual property contained on the Website, unless you obtain express written consent of the Company or any such other party that may own the applicable trademarks.
The Website and/or its content must not be, in whole or in part, reproduced, republished, retransmitted, distributed, sold, licensed, sub-licensed, mirrored without the written consent of the Company. You may view, access, print, cache and/or download the materials located on the Website only for personal, non-commercial use. You may not reproduce this material on your own personal website, blog, social network or any other online source. Unauthorized use of the Website and/or the content contained on the Website may violate applicable laws, and you may be held liable for these violations. The use of such content on any other website or in any environment of networked computers is prohibited.
You must not use this website in any way that causes, or may cause, damage or adverse impact to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systemic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express written consent.
Unless otherwise stated, you must not use this website for any purposes related to marketing without the Company’s express written consent.
In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the Website.
Our Rights to Remove or Reproduce any User-Generated Material
For the purposes of this condition, the term “user-generated material” refers to any information, content or any other media uploaded, posted, emailed, submitted or other communicated to the Company via any method at any page on the Website or any other content communication or submission medium or forum.
By sharing any contribution or user-generated material (including any text, photography, graphics, video or any other type of media or content) on the Website, you agree to grant the Company worldwide, irrevocable, non-exclusive and royalty-free permission to use the material in any way deemed fit (including the modification, reproduction, repurposing or deletion of it). You also grant the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You hereby confirm that your contribution or user-generated material is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilizing this site, nor any federal laws of Canada or the United States of America and their laws of their respective provinces, territories, or states, and that you have the full rights to accept this condition. You also confirm that your contribution or user-generated material does not infringe any third-party legal rights, and must not be capable of giving rise to legal action against you, the Company or a third party, in each case under any applicable law.
User Name and Password
Your Website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use a misuse of your login name and password and for all activities that occur under your login name and password.
All login names and passwords remain the property of the Company and may be cancelled or suspended at any time by the Company without any notice or consent to you or any other person. The Company is under no obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify the Company of any unauthorized use of your login name or password, of if you know or suspect that your login name or password has been lost or stolen, has became known to any other person, or has been otherwise compromised.
Frames and Website
Framing of the Website or any of its content in any form and by any method is strictly prohibited. Links to the Website must result in a new, fully functional, full-screen browser occupied solely by the pages created by the Website.
If your pictures do not conform to the correct size as prescribed you may have to resize the pictures before uploading.
We reserve the right to remove or not approve business ads that do not
comply with James Wood Logix Inc's (emonthlies) advertising policies.
Charges and Services
The use of this website may require some fees. You will be able to review and accept these charges. Our fees are not refundable and are due upon placing the ad.
If you are unable to make a payment and/or the account is past due, we may limit the use of this website.
From time to time we may change our fees or have special promotions of new services. These promotional services will be announced by emonthlies.
Limited Liability - General
Users and visitors who use the Website and rely on any information available on the website do so at their own risk. The Website is provided “as is” without any representations or warranties, express or implied.
Though the Company makes a reasonable effort to maintain the resources of the Website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate, and the Company makes no warranties or representations that the Website will be constantly available or available at all, without error and/or accurate.
The Website is a venue, among other things, for sellers to submit vehicles available for sale and potential buyers to post contact information signaling interest in purchasing a vehicle. The Company and/or its Third-Parties do not independently verify the user-generated content in a posting. The Company and Third-Parties do not warrant or represent that the information on the Website is complete, true, accurate, reliable, suitable or non-misleading. Furthermore, you assume all risks associated with dealing with other users with whom you come in contact with through the Website.
The Company makes no warranties or representations in respect to the Website, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
The Website, its Company, and its officers, employees, contractors or content providers shall not be held liable for any loss, claim or damage (be it special, punitive, general, incidental or consequential or any other kind) arising from or otherwise in connection with your use of any content, information, function, operation or service of the Website at any location within www.emonthlies.com or other related location (such as content feeds, links, emails, letters, documents or other company products or correspondence).
The services or subject matter of this agreement under any contract, negligence, strict liability or other legal claims will not exceed and aggregate greater than $100.00 or the fees paid by the services during a three month period preceding the claim.
Limited Liability – Links
The Company is not responsible for the contents or reliability of any other websites to which the Website provides a link and the Company does not, expressly or otherwise, endorse the views and/or content expressed within those sites.
You hereby indemnify the Company and the Third-Parties and their respective officers, directors, employees, consultants, representatives and agents and undertake to keep the Company, its Third-Parties and their respective officers, directors, employees, consultants, representatives and agents indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisors) incurred or suffered arising out of any breach by you of any provision of this Agreement, or arising out of any claim by a third-party that you have breached any provision of this Agreement.
Breaches of this Agreement
Without prejudice to the Company’s other rights under this Agreement, if you breach this Agreement in any way, the Company may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or initiating legal proceedings against you.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under this Agreement without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
If a provision of this Agreement is determined by any court or other competent authority to be invalid, unlawful, void and/or unenforceable, the other provisions will continue in effect. If any invalid, unlawful, void and/or unenforceable provision would be valid, lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The Company is registered under the provincial laws of Ontario and the Website is physically maintained and operated in the Province of Ontario in the Country of Canada.
This Agreement will be governed by and construed in accordance with the federal laws of Canada and provincial laws of Ontario, and any disputes arising from or connection to this Website will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
The Company reserves the right to refuse to post and/or remove any information, content or material, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, or in violation of this Agreement.
The Company’s failure to insist and rely upon or enforce strict performance of any of this Agreement shall not be construed as a waiver of any provision or right set out in this Agreement.
Taxes Included Advertising
If a dealer’s ad includes a price for a vehicle, that price must include all charges related to the sale of the vehicle. This includes freight and inspection charges, administration fees, other fees/charges, levies and taxes. Dealers don’t have to include taxes in the advertised price so int as the ad indicates in a clear, comprehensible and prominent manner that taxes are not included in the price. However emonthlies recommends and encourages taxes to be included in the purchase price.
Note: The following are more detailed explanations and examples of OMVIC’s expectations for meeting certain requirements set out in Section 36 of the General Regulations under the MVDA including “all-in pricing.” Where there is a requirement for information/disclosure to be set out in a “clear, comprehensible and prominent” (CCP) manner, OMVIC will consider the size and proximity of this disclosure relative to the advertised price.
Section 36(7) states,
“If an advertisement indicates the price of a motor vehicle, the price shall be set out in a clear, comprehensible and prominent manner and shall be set out as the total of,
- The amount the buyer would be required to pay for the vehicle; and
- Subject to subsections (9) and (10), for all other charges related to the trade in the vehicle, including, if any, charges for freight, charges for inspection before delivery of the vehicle, fees, levies and taxes.”
“All other charges” includes any charge treated as mandatory by the dealer. A charge is deemed to be mandatory if:
- The customer is not given an express opportunity to decline the charge during the negotiation process; or
- It pertains to features or additions referred to in the advertisement or during negotiations (unless they are described as optional extras in the advertisement or during negotiations).
For instance, if a customer is expected to pay an administration fee, documentation fee, fee for a safety standards certificate or for a window-etching product, those amounts must be included in the all-in price. (These are examples only and are not intended to be a complete list of all fees.)
Section 36(8) states,
"If an advertisement that indicates a price for a motor vehicle is placed jointly by two or more registered motor vehicle dealers, the advertisement shall state that the price for the vehicle in an actual trade may be less than the price set out in the advertisement."
If the ad is placed by more than one dealer, words such as “Dealer may sell for less” must be used.
Section 36(9) states,
“Subject to subsection (10), if an advertisement that indicates a price for a motor vehicle is placed jointly by two or more registered motor vehicle dealers and if an amount of a charge mentioned in clause (7)(b) varies as between the dealers, the advertisement shall indicate, in a clear, comprehensible and prominent manner,
- That a buyer of the vehicle may be requested to pay that amount in addition to the price indicated in the advertisement; and
- What the charge is for.
If the ad has been placed by two or more dealers, and there is a fee that varies from one dealer to another, that fee may be excluded from the all-in price, but the amount of the fee must be disclosed along with a description of what the fee is for in a CCP manner. For instance, “The above price does not include administration fees which vary from $199 to $499, depending on the dealer.”
Section 36(10) states,
“Clause 7(b) and subsection (9) do not apply to amounts under the Retail Sales Tax Act or to the federal goods and services tax if the advertisement indicates in a clear, comprehensible and prominent manner that those amounts are not included in the price indicated in the advertisement.”
Section 36(10) allows dealers to exclude HST from the advertised price as int as this fact is disclosed in a CCP manner in the advertisement.
Section 36(11) states,
“If an advertisement that indicates a price for a motor vehicle is placed jointly by two or more registered motor vehicle dealers, each of the dealers shall ensure that the advertisement complies with subsection (7), (8), (9) and (10).”
Section 36(11) requires each dealer involved in placing an advertisement ensures it complies with the Act.
Advertisements must include the registered name and phone number of the selling dealer in a clear, comprehensible and prominent manner. Where there are space or time limitations (e.g., a billboard or radio/TV ad), the ad must, at a minimum, state that it has been placed by a registered dealer.
An advertisement must indicate in a clear, comprehensible and prominent manner if the vehicle:
- Was previously a daily rental (unless subsequently owned by a non-dealer).
- Was previously a police vehicle or emergency services vehicle.
- Was previously a taxi or limousine.
- Is a used car and, if that is the case, of the current model year or the immediate previous model year.
Vehicle advertisements that state the inclusion of an extended warranty must clearly, comprehensibly and prominently include the term of the warranty and maximum claim limits, if any.
If an ad includes a price for a vehicle that is not certified and/or e-tested, the ad must state in a clear, comprehensible and prominent manner:
“This vehicle is not drivable, not certified and not e-tested. Certification and e-testing are available for $XXX.”
Note: If a dealer intends to offer certification and e-testing, the fee MUST be disclosed in the above statement. Certification and e-testing CANNOT be mandatory charges. Vehicles advertised unfit may not be sold at or above the advertised price using the “as is” clause on the bill of sale.
If an ad includes a price for a vehicle being sold “as is,” the ad must include in a clear, comprehensible and prominent manner the following statement:
“This vehicle is being sold “as is,” unfit, not e-tested and is not represented as being in road worthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transportation and may require substantial repairs at the purchaser’s expense. It may not be possible to register the vehicle to be driven in its current condition.”
It is NOT sufficient to simply state the vehicle is being sold “as is.”
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