Terms Of Use

Last Updated July 23, 2021

Overview

The following terms and conditions ("Terms and Conditions") constitute a legal agreement and are entered into by and between you and Axis Auto Finance Inc. and/or our subsidiaries and affiliated companies or related entities ("Axis," "we", "us", "our"). These Terms and Conditions govern your use of our websites, including but not limited to https://www.axisfinancegroup.com/ and https://www.driveaxis.ca (the "Websites"), your use of your account with us, your applications for our products or services, your use of our products and services, and your access to and use of any content, functionality, products, or services offered on or through the Websites, including but not limited to the Axis payment application.

Please carefully read these Terms and Conditions before accessing or using the Websites or interacting with us in any manner. By accessing or using the Websites, by receiving any of our products or services, including those available through the Websites, or by otherwise engaging in commercial activities with us, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy, found at https://www.driveaxis.ca/privacy-policy , which is incorporated by reference.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MUST NOT ACCESS OR USE THE WEBSITES OR OBTAIN OR USE ANY OF OUR PRODUCTS OR SERVICES.

Separate agreements ("Additional Conditions") may govern transactions concerning the products and/or services offered for sale, sold to you or otherwise made available to you by us through the Websites or otherwise. If there is any conflict or inconsistency between these Terms and Conditions and the Additional Conditions, then the Additional Conditions shall take priority and govern the specific product or service to which they apply and these Terms and Conditions shall apply with respect to any other matter.

Our Websites, products, and services are only intended for adults located in Canada. By using the Websites, or obtaining or using our products or services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Axis and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites or obtain or use our products or services.

We reserve the right at any time and from time to time, to suspend or terminate your account or prohibit your access to any aspect of the Websites or our products and 2 services, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions or any Additional Conditions. You are solely responsible for any breach of your obligations under these Terms and Conditions and any Additional Conditions and for the loss or damage to us or third parties which may result from such breach.

Modifications to the Terms and Conditions and to the Websites

We reserve the right in our sole discretion to revise and update the Terms and Conditions from time to time. We recommend that you check the Websites periodically in order to review our current Terms and Conditions. You can tell if these Terms and Conditions have changed by checking the effective date that appears at the top of these Terms and Conditions. Depending on the circumstances, we may also decide to send you a notice electronically that the Terms and Conditions have changed. If you continue to use the Websites or our products or services after these Terms and Conditions have changed or notice of the change has been given, you will be deemed to have accepted such changes.

The information, material, products, and services provided through the Websites or otherwise may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We do not guarantee access to the Websites nor any of their features, nor access to our products and services. At any time, we may, in our sole and absolute discretion, terminate our relationship with you and/or cease offering access to all of our products, services or certain aspects of our products and services or the Websites.

We will not be liable if, for any reason, all or any part of our products, services or the Websites are restricted to you or unavailable at any time or for any period.

Non-Commercial and Personal Use

Our products, services, and Websites are intended for your lawful, personal, and non-commercial use. You hereby agree to only use our products, services, and the Websites in accordance with applicable laws.

Your Use of the Websites, Account Set-Up, and Security

The security of your personal information is very important to us. Please review our Privacy Policy, found at https://www.driveaxis.ca/privacy-policy to learn about our privacy practices. Notwithstanding our practices, the safety and security of your information also depends on you.

You are responsible for obtaining your own access to the Websites. Users are required to ensure that all persons who access the Websites through a user's internet connection are aware of these Terms and Conditions and comply with them. The Websites, including certain content or areas of the Websites, may require user registration. If you create an account or access any features of the Websites that require user registration, you must ensure that all the information you provide on the Websites is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

You must treat any username, password, or any other piece of information chosen by you, or provided by you as part of our security procedures as confidential. You understand and agree that should you be provided an account, your account is for your use only. You agree that you will not provide any such information to any other person or entity or otherwise permit them to access the Websites or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session.

You are responsible for any account misuse or any unauthorized access of your account. Axis shall have no liability for any loss or damage which arises or may arise from the information you provide to us, including but not limited to loss or damage arising from account misuse or unauthorized access, loss or theft of any information, errors or omissions in any information, or an inability to access the Websites.

You must exercise caution when accessing your account from a public or shared computer to ensure that others are not able to view or record your account details or other personal information.

You are prohibited from attempting to circumvent and from violating the security of the Websites, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services or otherwise disrupting our ability to monitor the Websites; (f) using any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Websites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Websites.

User Accounts

Children are not permitted to create an account, use, or access the Websites. We are not responsible for any loss, damage, liability, or other consequences that may result from a minor's unauthorized use of the Websites. You agree that you are responsible for all activity associated with your account, including but not limited to purchases made 4 through your account. You hereby agree to indemnify Axis for any loss or damage which may result from unauthorized access to your account caused by you.

Our Products and Services

While we try to ensure that our Websites, information regarding products, and documents provided to you in connection with our services are accurate and up-to-date, there may be instances where we need to correct or modify any such items. We reserve the right to amend any errors, inaccuracies, or omissions at any time without prior notice or liability to you or any other person connected to our Websites, products, and services.

We do not guarantee the availability of our products and services or the products and services of third parties we partner with, including but not limited to the products and services advertised on our Websites. The following items are subject to change at any time in our sole and absolute discretion: fees, costs, charges, and prices for our products and services or the products and services of third parties and any promotions we may offer.

The products and services shown on our Websites do not amount to any offer to sell such items. When you request to purchase any product or service through us, such act amounts to an offer that we or any relevant third party may accept.

All prices are shown on our Websites in Canadian dollars. Prices may not include additional fees which may be payable including but not limited to government fees and taxes, title and registration fees, licensing, delivery and plate fees, finance charges, dealer document preparation fees, insurance costs and loan servicing fees.

Communications with You

If you provide us with your contact information, such your e-mail address and phone numbers, from time to time, we may communicate with you by electronic means, such as through e-mail or SMS messaging, to deliver our products and services to you or to inform you of products and services that you may be interested in. You will not be required to agree to receive any such messages to obtain our products and services and you are permitted to unsubscribe from any of our e-mail or messaging lists.

Intellectual Property Rights and Ownership

You understand and agree that the materials we provide to you and the Websites and their entire content, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, data, photographs, video, audio, design, presentation, selection, and arrangement, as well as other technologies used to operate the Websites, are owned by Axis, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Axis' corporate and trade names, business names, trademarks, signs, product and service names, designs, images, logos and slogans ("Intellectual Property") are owned by it or its affiliates or licensors. You must not use, display or adopt any of Axis' Intellectual Property without the prior written permission of it.

Other names, trade names, business names, trademarks, signs, product and service names, designs, images, logos and slogans mentioned, or which appear on our promotional materials or Websites are the trademarks or proprietary rights of their respective owners. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the respective owner and may be a violation of local, provincial, territorial, or federal law, or other laws or regulations and could subject the infringer or violator to legal action. Axis is not responsible for any alleged or actual infringement or violation of copyright, trademark, and other intellectual property or other proprietary laws by you when accessing or using the Websites and/or the promotional materials.

You may only use the Websites, our products and services, or the products or services offered by third parties through our Websites for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, in any form or medium whatsoever except:

(a)
your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b)
a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for noncommercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
(c)
in the event social media platforms are linked to certain content on our Websites, you may take such actions as our Websites and such third-party social media platforms permit.

YOU MUST NOT ACCESS OR USE ANY PART OF THE WEBSITES, ANY OF OUR PRODUCTS OR SERVICES OR THOSE OF THIRD PARTIES MADE AVAILABLE THROUGH THE WEBSITES, OR ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITES FOR ANY COMMERCIAL PURPOSES.

If you print off, copy, or download any part of our Websites in breach of these Terms and Conditions, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Websites or to any content on the Websites, and all rights not expressly granted are reserved by us. Any use of the Websites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions.

Vehicle Listing Service

Axis provides information regarding vehicles available for purchase, lease or financing, including vehicles supplied by and offered for sale by third parties. Vehicle listings, including any descriptions and other information made available through the Websites, are for informational purposes only. Axis does not guarantee the accuracy of the information provided on the Websites and Axis is not responsible for any errors or omissions contained in such information. Unless otherwise stated, Axis makes no representations or warranties, whether express or implied, with respect to the vehicles offered through the Websites.

Conditions of Use and Site Content Standards

As a condition of your access and use, you agree that you may use the Websites, our products and services and the products and services offered through the Websites only for lawful purposes and in accordance with these Terms and Conditions.

Without limiting the foregoing, you warrant and agree that your use of the Websites, our products and services and those offered on the Websites shall not:

(a)
violate any applicable federal, provincial, local, or international law or regulation including, but not limited to, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
(b)
violate the terms of use of any third-party website that is linked to the Websites, including, but not limited to, any third-party social media site;
(c)
include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Axis' sole and arbitrary discretion;
(d)
involve, provide, or contribute any false, inaccurate, or misleading information;
(e)
impersonate or attempt to impersonate Axis, an Axis employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses, or screen names associated with any of the foregoing);
(f)
encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Axis or users of the Websites or expose them to liability;
(g)
promote any illegal activity, or advocate, promote, or assist any unlawful act;
(h)
give the impression that you originate from or are endorsed by us or any other person or entity, if this is not the case;
(i)
engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Websites; or
(j)
use the Websites to engage in any political campaigning, advertising or marketing, unless authorized by Axis.

You further agree that you will not sell, sublicense, and/or otherwise commercialize any material from the Websites.

YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST AXIS AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS RESULTING FROM ANY ACTION TAKEN BY AXIS AND/OR ITS AFFILIATES RELATING TO ANY INVESTIGATIONS BY EITHER AXIS OR SUCH AFFILIATES OR BY LAW ENFORCEMENT AUTHORITIES AND AGREE TO HOLD THEM HARMLESS FROM ANY SUCH CLAIMS.

Site Monitoring and Enforcement, Suspension, and Termination

Axis has the right, without provision of notice, to:

at all times, take such actions deemed necessary or appropriate, in our sole discretion, for violating the Terms and Conditions;
take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Websites, our products or services or those offered by third parties on our Websites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites or otherwise using the Websites in any manner; and
terminate or suspend your access to all or part of the Websites or our products or services for any or no reason, including, without limitation, any violation of these Terms and Conditions.

No Reliance

The content on our Websites is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Websites.

Although we make reasonable efforts to keep the information on our Websites accurate and up-to-date, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Websites is accurate, complete, or up-todate. Your use of the Websites is at your own risk and neither Axis nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use or access of the Websites.

Privacy

Axis is committed to respecting your privacy and personal information. Please review our Privacy Policy, found at https://www.driveaxis.ca/privacy-policy to learn about our privacy practices.

Third-Party Websites

For your convenience, the Websites may provide links or otherwise connect you to third-party sites. We make no representations about any other websites that may be accessed from the Websites. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility or liability for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Termination

We reserve the right to terminate or suspend your access to all or part of our products, services, or the Websites at any time and for any reason, including, without limitation, any violation of these Terms and Conditions. If Axis becomes aware of unauthorized access to your account, we may immediately suspend or terminate your account. The Websites permit you to deactivate your account at any point in time. If your account is deactivated or terminated, we will deal with your personal information in accordance with our Privacy Policy.

Subject to applicable laws and regulations, if your account is terminated or deactivated, Axis shall have no further obligation to provide you with any access to the Websites.

Any termination by Axis shall have no impact on the continuance or enforceability of any Additional Conditions or third party contracts you may have with Axis or any third party.

Geographic Restrictions

Axis is based in Ontario, Canada. We provide the Websites for use only by persons located in Canada. The Websites are not intended for use in any jurisdiction where their use is not permitted. If you access the Websites from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES, THEIR CONTENT, ANY PRODUCTS OR SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES, AND ANY PRODUCTS OR SERVICES OR ITEMS OFFERED BY AXIS IS AT YOUR OWN RISK. AXIS' PRODUCT AND SERVICES, ITS WEBSITES, INCLUDING THEIR CONTENT, AND ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER AXIS NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, CORRECTNESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE, WORKMANLIKE EFFORT OR AVAILABILITY OF THE PRODUCTS, SERVICES OR WEBSITES, THE WEBSITES' CONTENT OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER AXIS NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PRODUCTS OR SERVICES OFFERED BY AXIS, ITS WEBSITES, THE CONTENT ON THE WEBSITES, OR ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES, OR ON ANY WEBSITES LINKED TO THEM.

AXIS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE QUALITY, SUITABILITY OR SAFETY OF THE PRODUCTS OR SERVICES IT OFFERS OR THAT ARE AVAILABLE THROUGH THE WEBSITES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE WEBSITES AND ANY RISK OR CONSEQUENCES RELATED TO THE PRODUCTS OR SERVICES OFFERED BY AXIS OR MADE AVAILABLE THROUGH THE WEBSITES.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL AXIS NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST INCOME, BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF USE OF AXIS' PRODUCTS OR SERVICES, THE WEBSITES, OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITES. AXIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRTY PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR OTHER LIABILITY, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, WHICH MAY ARISE OUT OF (I) YOUR USE OF OR RELIANCE ON THE WEBSITES OR THEIR CONTENT, MATERIALS, POSTS OR OTHER INFORMATION THEREON, ANY LINKED WEBSITES OR OTHER THIRD-PARTY WEBSITES; (II) YOUR USE OF THE PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE WEBSITES; (III) YOUR INABILITY TO ACCESS OR USE THE WEBSITES AND/OR THE PRODUCTS OR SERVICES OFFERED ON THE WEBSITES; (IV) YOUR USE OR RELIANCE ON ANY OF AXIS' PRODUCTS OR SERVICES; OR (V) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND AXIS, AS WELL AS ANY ACT OR EVENT WHICH MAY OCCUR IN RELATION TO SUCH TRANSACTION(S) OR RELATIONSHIP. AXIS SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE TO PROVIDE ANY PRODUCT, SERVICE OR OTHER BENEFIT WHICH RESULTS FROM EVENTS OR CAUSES BEYOND THE REASONABLE CONTROL OF AXIS.

IN NO EVENT SHALL AXIS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ITS PRODUCTS AND SERVICES, ITS WEBSITES, OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $1,000,000 CAD.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Axis, it affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your your negligence, your misconduct, your breach of these Terms and Conditions, your use of the Websites, your use or access of third-party sites, or your use or reliance on the products and services offered by Axis or those products and services offered through the Websites other than as expressly authorized in these Terms and Conditions.

Governing Law and Choice of Forum

These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Websites, Axis' products or services, or the products or services offered through the Websites and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

In any dispute between us, your sole remedy is to stop using your account/profile and/or Axis' products or services or the products or services offered through the Websites and/or the Websites. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply thereto, whether listed in these Terms and Conditions and the Privacy Policy, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules, restrictions, limitations, terms and conditions; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any content available on or through the provision or sale of Axis' products or services or the products or services offered through the Websites, or any edits, deletions, additions, or other changes thereto; or (iv) your ability or inability to access, visit and/or use portions of the Websites or Axis' products or services or the products or services offered through the Websites, as a whole, or features, functionality, and/or content available on or through the Websites.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Assignment; Successors and Assigns

Axis is allowed to and has all rights to, assign, transfer, and subcontract its rights and/or obligations under these Terms and Condition's without any notification to you. You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions without the prior written consent of Axis. Subject to the foregoing, these Terms and Conditions shall ensure to the benefit of and shall be binding on and enforceable by the parties and their respective successors, permitted assigns, heirs, and legal and personal representatives.

Force Majeure

Axis shall not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms and Conditions to the extent that performance is delayed or prevented due to any acts, causes, or events that are beyond its control. Any delay or failure to perform for such above mentioned reasons shall not be considered to be a breach of these Terms and Conditions. If a force majeure event occurs, Axis shall be given a reasonable extension of time to perform its obligations.

Entire Agreement

The Terms and Conditions, the Privacy Policy and the Additional Conditions constitute the sole and entire agreement between you and Axis regarding your use of the Websites and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

French Language

You expressly consent to and require that these Terms and Conditions, and all documents related thereto, be in English. Vous consentez et exigez que cette termes et conditions, et tous les documents qui s'y rapportent, soient en anglais.

Cumulative Rights

All rights and remedies under these Terms and Conditions are cumulative and nonexclusive, and the exercise by Axis of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available to Axis at law, in equity, by statute, in any other agreement between you and Axis or otherwise.

Reporting and Contact

Should you become aware of misuse of the Websites or our products or services, we ask that you report it to Axis at groberts@axisautofinance.com.

All other feedback, comments, requests for technical support, and other communications should be directed to info@driveaxis.ca.

Terms and Conditions