Terms of Use

Last updated on September 7th, 2020

TeslaDrive Canada Inc. (together with its affiliates and subsidiaries, “we”, “us”, “our” and terms of similar meaning) provides this Website (tesladrive.ca and any software provided by the Company for use with the site, the “Site”) to you subject to these terms of use (these “Terms”). In these terms, we describe users (“Users”) of the Site as both registered and unregistered users.

Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site and may choose to exit the Website.

The Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Any material changes will take effect 30 days after their posting. The effective date of the changes will appear at the top of this page. Any continued use of this Site will be deemed conclusive of your acceptance of the modified Terms If you do not agree with the changes, you can cancel and delete your account with us without further obligation.

General Disclaimers. tesladrive.ca intends for the Content on this Site to be accurate and reliable, however, the Content is provided to you “as is” and “as available”. The Site is not responsible toward you or any third party for any errors or omissions of any kind in the Content, and disclaim all warranties and conditions, express or implied, including, without limitation, implied warranties and conditions of non-infringement, merchantability and fitness for a particular purpose.

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

Links available on this Site will allow you to link to web sites not maintained or controlled by The Site. Tesladrive.ca provides these links for your convenience only and is not responsible for and does not warrant the (including but not limited to) accuracy, completeness, non-infringement, error, omission, interruption, defect, merchantability or fitness for a particular purpose of any information or content available through these links, and make no representation or endorsement whatsoever about any other web site which you may access through this Site. Please be aware that it is your responsibility to ensure that any web site you choose to use is free of potentially destructive items such as computer viruses.

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR ANY OTHER SITE YOU MAY ACCESS WHILE USING THIS SITE OR YOUR USE OF THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use of tesladrive.ca. You may not use The Site in any way that would interfere with its operation. You may not post, upload, publish, transmit or distribute information or other material on this Site that:

  • could constitute or encourage conduct that would amount to a criminal offence or violate the rights of any third parties;
  • in any way whatsoever, either explicitly or implicitly, would harm the reputation of any person or business by libel or slander;
  • is protected by copyright, or other intellectual property rights, or derivative works thereof, without obtaining permission of the copyright holder;
  • contains any intellectual property, including without limitation any copyright, trademark, or patent, that would infringe on the intellectual property rights not owned by you;
  • could be considered as a use of this Site that is contrary to law or electronic etiquette, or which would adversely impact the use of this Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components; or
  • contains any distasteful or offensive material including, but not limited to, material intended for an adult audience.
    Company reserves the right to remove any information that you post, upload, publish, transmit or distribute or otherwise use on this Site at any time, at its sole discretion and without prior notice.

If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.

Information for Buyers and Sellers

The Site is a vehicle listing and information service that connects buyers and sellers of used Tesla vehicles.  Since our Website also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users.

The Site is not a party to any transaction that occurs through the Site or that originates from information found on the Site.

The Company is not an automobile broker or dealer and does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle listed for sale on our site.

The company does not hold or possess title for any vehicle listed for sale on our site.

The Company cares about the safety of your entire family. We understand that in the age of technology, kids are on the internet more than ever and free online classifieds can be a fun way for them to find toys, video games, clothes, and other cool items.

While we pride ourselves on being a site that the whole family can use, we also know the concerns involved with transacting online.

We want to minimize these risks. Therefore, for anyone under 16 years of age, we ask that you have your parent/guardian respond to any ads you may be interested in. Also, if you wish to post an ad on The Site, have your parent/guardian do so on your behalf, so they can be directly involved in the transaction.

The Company reserves the right to remove any ad if we feel it is in the best interest and for the safety of our users.

Sellers. Sellers of vehicles or accessories represent and warrant and agree to the following:

(i) that all information submitted to the Site about a particular vehicle and their contact information are accurate and true

(ii) to approve listing descriptions as complete and accurate before publication,

(iii) that all relevant vehicle information is included in the listing submission,

(iv) they are prepared to sell the listed vehicle at the price at which it is listed, and

(v) they have possession of the actual vehicle listed and the proper authority to transfer title and registration.

Sellers acknowledge, understand and accept that they may be asked to provide proof of ownership of their vehicles prior to or at any time after a vehicle is listed on the Site. Sellers agree to provide such information promptly when requested and understand that failure to provide such information entitles Company, in its sole discretion, to remove the Seller’s listing without a return of any listing fees paid by the Seller.

Sellers of vehicles listed on the Site acknowledge that they understand that

(i) Listing their vehicle with tesladrive.ca does not guarantee a sale and

(ii) Any Tesla listed with tesladrive.ca which does not result in a sale or that is sold through other means, does not and will not, entitle the Seller to a refund of any amounts paid to tesladrive.ca .

Sellers acknowledge that in the event that the Site forced to incur additional fees or charges related to the processing or listing of the Seller’s vehicle, Sellers may be liable for the payment of those additional amounts above and beyond any listing fees paid.

License. You hereby grant TeslaDrive Canada Inc. a perpetual license in and a perpetual right to use any information or other material you post, upload, publish, and transmit in connection with your use of this Site.

Linking. You may create a hyperlink (the “Link”) to this Site provided that:

  • you do not replicate any of the Content of this Site;
  • you do not create a frame or any other bordered environment around this Site or its Content;
  • the Link shall not imply any endorsement of any product or services;
  • the website linking to this Site does not contain any distasteful or offensive material; and
  • the website linking to this Site does not contain any intellectual property, including without limitation any copyright, trademark, or patent, that would infringe on intellectual property rights not owned by you.

We reserve the right to require you to remove any Link to this Site at tesladrive.ca sole discretion, at any time and without notice (the “Request”). You agree to immediately comply with our Request.

Web Scraping/Harvesting. The framing, scraping, data-mining, extraction or collection of the Content of this site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this site on any other server without The Company written authorization.

Changes. Company reserves the right to change or remove any Content from this Site, in whole or in part, at its sole discretion, at any time, without notice.

Privacy, Confidential Information and Consent. The Company’s Privacy Policy is a binding and integral part of these Terms. In addition, you hereby consent: to (a) Company contacting you by email or telephone to discuss the services Company is then providing to you (including the classified listing of your vehicle) and any related or other products and/or services offered by Company; (b) to Company providing your contact information to third parties in connection with the provision of products and services for which you have subscribed; and (c) where applicable, any such third party contacting you in connection with the provision of the applicable products and/or services.

Indemnification. You agree to defend, indemnify and hold TeslaDrive Canada Inc. and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.

At present we do not charge any fees or other charges for the viewing of the Site. In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. User Content is that User’s property. The Company’s only right to that User Content is the limited licenses to it granted in these Terms.

Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of the Company or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

Your User Content is your responsibility. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason.

The Company grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Agreement and your account with us.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. The Company does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites.

While the Company attempts to make your access to and use of the Site safe, the Company does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

You shall defend, indemnify and hold harmless Company and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.

Fees and Services. Using the Site is generally free. We charge fees for certain services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).

Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for the Company to comply with its obligations under applicable law. To the extent that such information is not provided, we will in its discretion determine and collect appropriate taxes.

You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on tesladrive.ca.

While many features of the Services are available across the Site and their associated mobile applications, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.

Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

The Site is controlled by the Company and operated by it from its offices in Ontario, Canada. You and the Company both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and the Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

The parties have required that these and all related documents be drawn up in English.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Company may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of the Company, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and the Company regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the Company regarding your use of the Site.

Consent. By clicking on the “I Agree” checkbox, or use The Site, you acknowledge that you have read, understood and agree to be bound by these Terms just as if you had signed them. If you do not agree to these Terms please exit this Site immediately either by closing the appropriate application or using the back function on your browser until you have exited this Site.