Please read these terms and conditions (“Terms”) carefully. They contain important information about your use of the Zoom.ca website (the “Website”) and related online and physical services through which you can browse, price, select, finance, purchase and take delivery of a car, and trade in your current car. In these Terms, the Website and these services will collectively be referred to as “Zoom”.
These Terms also describe some of your legal rights, obligations and remedies relating to Zoom. If you use or access Zoom, you are signifying that you have read, understood and agreed to be bound by these Terms.
If you do not agree with these Terms, you may not use or access Zoom. If you violate any of these Terms, we may (at our discretion) deny you access to Zoom and we may seek to exercise our full range of remedies at law and equity.
At this time, Zoom is only available to persons who are 18 years of age or older and are residents of Ontario. Although you don’t need a driver’s license to buy a car through Zoom, you do need a valid license to drive the car. You’ll also need to comply with all applicable laws including, among other things, laws dealing with vehicle registration and insurance.
You represent and warrant that all information you provide to us, including (among other things) all information you provide when you register for an account with Zoom (collectively, "Personal Information"), is true, correct, complete and up to date. You further represent and warrant that your Personal Information is your own, and that you are not impersonating, imitating or pretending to be any other person.
You are solely responsible for maintaining the confidentiality of your Personal Information and your login credentials. You are not permitted to allow anyone else to access your account with Zoom or to use your login credentials, or to use anyone else’s account or login credentials.
You are solely responsible for all use of and access to Zoom through or in connection with your account. You agree that we may process any transaction made through your account, including (among other things) any purchase of a car, without further notice to or authorization from you.
You agree to pay all charges that are shown on the Website as being payable by you. Without limiting the generality of the foregoing, if you use Zoom to purchase a car, you are responsible for paying all costs, fees, expenses and other related amounts relating to that car as shown on the Website. All prices on Zoom are in Canadian dollars unless otherwise indicated.
We reserve the right to limit the quantities of cars that you purchase through Zoom. We also reserve the right to refuse, correct or cancel any order. We may do this if, for example, we determine that your purchase or your conduct violates applicable law or these Terms, or if we think that your conduct is harmful to our interests or those of our agents, employees, representatives, licensees or service providers.
The availability of cars and all prices shown on Zoom are subject to confirmation. Within 48 hours of your purchasing a car, we will notify you by email sent to the address that you provided to us during sign-up if the car is no longer available, or if the actual price of a car is different from the price shown on Zoom or on your purchase order. If you do not receive an e-mail within that period of time, it means that we are confirming your purchase at the price listed on your purchase order. If you do receive that e-mail, your purchase will be automatically canceled if the car is unavailable, or unless you confirm by reply e-mail that you want to proceed at the confirmed price (as the case may be).
We can only deliver cars purchased through Zoom to addresses within our delivery area (link to map). We will use our commercially reasonable best efforts to deliver the car that you purchased to you as quickly as we can, and in any event within the delivery period specified in the listing (if there is one). However, we are not responsible for any delays in delivering your car. We will provide you with as much notice as possible if we will be delayed in delivering your car.
If you aren’t completely satisfied with a car that you purchased through Zoom for any reason, you can return it for a full refund, including your licensing fees, subject to the following restrictions:
1. You must return the car to Zoom at an address of our choosing within five days of your taking delivery of the car. The car must have been driven no more than 500 km (as stated on the bill of sale) since you purchased it.
2. The car must be returned in the same condition with the exact same equipment it was delivered with. Tires and all accessories must be the tires and accessories that you purchased with the car, and the car (including, among other things, the body and components) should not have any scratches, dings, or damage that did not exist at the time you purchased the vehicle.
3. A refund cheque will be issued within five business days of the date of return.
4. If you traded-in your old car against a purchase, we may at our sole discretion choose to either return your old car to you or refund you the value given to that car as stated on the bill of sale. If we choose to return your old car to you, you will need to have it certified and re-licensed at your own expense.
We will not accept any refunds of:
1. Specialty/sports cars;
2. Cars financed with negative equity; or
3. Cars financed at above-prime rates.
Lastly, we reserve the right to refuse any returns if we reasonably believe that our return policy is being abused.
Zoom is provided on an “as is” basis. You access and use Zoom at your own risk. We make reasonable efforts to ensure that the Website (including each car listed on Zoom) is current and that it contains no errors or inaccuracies. However, we make no representations, warranties or guarantees that the Content (as that term is defined below) is completely accurate or free of errors.
We reserve the right, but are under no obligation, to change features, functionality or Content from time to time. If Content changes between the time of your first visit to Zoom and the time of your purchase, the Content at the time of your Purchase will govern your purchase.
You acknowledge and agree that you are using Zoom at your own risk. Zoom is provided on “as is” basis. The Zoom Parties disclaim any representations and warranties, whether express or implied, whether oral or written, including (without limiting the generality of the foregoing) any warranties about accuracy, reliability, merchantability, fitness for any purpose or a particular purpose.
The Zoom Parties make no representation or warranty that Zoom, the cars sold through Zoom, your access to Zoom, or communications between you and Zoom, will be free from errors, interruptions or delays. We make no representation or warranty that Zoom will be free of any malware or other defects, and we expressly disclaim any liability arising from any of the foregoing.
You agree that, if you have any difficulties with Zoom or your access to it, your sole remedy is to stop using Zoom. Zoom, the corporation operating as Zoom.ca, its shareholders, affiliates, officers, directors, employees, agents, representatives, and their respective successors and assigns (collectively, the "Zoom Parties"), shall have no liability whatsoever arising from or relating to your use of Zoom, regardless of whether
your alleged losses or damages are based on contract, tort (including negligence), warranty, strict liability, products liability or any other theory or type of liability, including without limitation punitive, incidental or consequential damages.
Zoom is not responsible for any technical or other errors in Zoom, or for any malfunctioning, non-performing or under-performing by Zoom. Zoom assumes no responsibility, and will not be liable, for any damage to your computer equipment or other property arising from your use of Zoom.
Zoom is not responsible for any loss or damage you may suffer as a result of an error in Personal Information, or if you fail to update Personal Information as and when necessary.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Zoom Parties from and against all claims, demands, proceedings, causes of action, judgments losses, damages, costs, expenses or liability of any sort whatsoever arising from your use of Zoom or your breach of these Terms.
To the maximum extent permitted under the law, the Zoom Parties will not be liable to you or to any third parties for any direct, indirect, special, consequential or punitive damages allegedly arising from or relating to Zoom or your use thereof.
Zoom relies on third parties to provide some of the services and Content provided by Zoom. These third parties may have their own terms and conditions that govern their supply of services. Your compliance with those terms and conditions is your responsibility. The Zoom Parties disclaim any liability arising from or relating to the acts or omissions of these third parties.
The Website, “Zoom.ca”, “Zoom”, the “Browse. Buy. Drive.” tagline, and all other content on the Website, including (among other things) all text, images, pictures, photographs, designs, graphics, drawings, video, code and software, and all presentations, compilations or organization of such content (collectively, the "Content"), are subject to all proprietary rights under applicable intellectual property laws. All rights, interest and title in and to the Content belong to Zoom or its licensors, as applicable.
You may print, download or e-mail copies of our website for your own reasonable personal, non-commercial and lawful use in researching the purchase of a car from Zoom. Any such copies must clearly display our copyright notice(s). You cannot otherwise copy or duplicate this website, in whole or in part, without our express written authorization.
Without limiting the generality of the foregoing, you agree that you will not use or distribute the Content for any purpose other than to assist you in purchasing a car from Zoom, including without limitation creating a database of vehicles or information about vehicles, or creating derivative works based on the Content. You further agree that you will not copy, harvest, crawl, scrape, extract, capture or otherwise collect the Content in
bulk, whether manually or using a bot, script, spider or other process.
Zoom operates from Ontario, Canada and is only intended to be accessed by individual customers in Ontario. As such, any matters relating to accessing, using or purchasing through Zoom are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. Ontario courts will have jurisdiction over any disputes relating to Zoom.
You are responsible for complying with all applicable laws, including any laws relating specifically to the use and operation of motor vehicles.