Privacy Policy

This document was last updated on Dec 14 2023

At CAR APP DIRECT we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that CAR APP DIRECT collects from or about you, how we use and to whom we may disclose that information.

Privacy Policy Effective for Canada

It is CAR APP DIRECT’s policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual’s right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact our Privacy Officer for more information.

What is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than the person’s business title or business contact information when used or disclosed for the purpose of business communications.

What Personal Information do we Collect?

We may collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:

  • contact and identification information, such as your name, address, telephone number and e-mail address;

  • product and service related information concerning the products and services that we provide to, or receive from, you;

  • credit and financial information, such as your employment history, income sources, assets, liabilities, credit history and payment preferences;

  • business relationship information, including information related to your agreements, preferences, advisors and decision-makers, feed-back and information requested by or provided to you.

In addition, we may collect your personal information in connection with the financial-related services that you may seek from us, including for example, having us suggest the credit cards, loans and other financial products that, based on (i) our experience and (ii) the information you provide to us, will most likely accept you.

We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning. We may also collect information related to our media, investor and public relations activities and information related to our interactions with financial and other analysts and advisors.

From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

Privacy and our Website

You can visit our website without telling us who you are or revealing any information about yourself, including your e-mail address. Our web server may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page that is viewed by that IP address and what country you are from. We use this information to monitor our website’s performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website.

In addition, we collect the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by:

  • using the “contact us” portion of this website; or

  • by corresponding with a representative of CAR APP DIRECT via e-mail using the hyperlinks created for that purpose.

Where you request information from us, we may use the e-mail address that you provide to send you information about offers on products and services that we believe may be of interest to you. If you have asked us to put you on an e-mail mailing list, provide you with certain information on a regular basis, or if we send you information about our offers on products and services by e-mail, you may ask us to remove you from the list at any time (using the unsubscribe instructions provided with each e-mail and on the site where you signed up).

Our Website and Cookies

When you visit the website, we place a “cookie” on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs.

Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (1) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (2) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on the website.

What about Third Party Websites?

Our website may contain links to other websites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. CAR APP DIRECT is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.

Why Do We Collect Personal Information?

CAR APP DIRECT collects personal information to enable us to manage, maintain, and develop our business and operations, including:

  • to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested, including for example, to facilitate or otherwise assist you in obtaining a loan, credit card or other product or service from a third party. In connection with this, CAR APP DIRECT and/or our third party business affiliates may perform a credit check on you, based on the information you have provided, to confirm your financial situation and your initial and ongoing eligibility for such products and services;

  • to be able to review the products and services that we provide to you so that we may understand your requirements for our products and services and so that we may work to improve our products and services;

  • to send you promotional and other materials that we think might be of interest to you, subject to our compliance with applicable laws;

  • to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;

  • to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);

  • to protect us against error, fraud, theft and damage to our goods and property, including verifying your identity;

  • to enable us to comply with applicable law or regulatory process; and

  • any other reasonable purpose to which you consent.

We may use your personal information to create Aggregated Information (as defined below) for the purposes of managing, maintaining, and developing our operations. Such purposes include: (i) identifying the demographics of our clients; (ii) creating and selling benchmarks, reports, summary metrics, predictive algorithms; and (iii) developing new or improving our existing products and/or services. In this Privacy Policy, “Aggregated Information” means information that: (i) arises from the compilation, combination and/or analysis of personal and other information; and (ii) is anonymized.

How Do We Use and Disclose Your Personal Information?

We may use or disclose your personal information:

  • for the purposes described in this Privacy Policy (including, for the purposes of CAR APP DIRECT and/or our third party business affiliates performing a credit check on you to confirm your financial situation and your initial and ongoing eligibility for the products and services that you have requested); and

  • for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

In addition, we may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

When do we Disclose Your Personal Information?

We may share your personal information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including: third parties that assist CAR APP DIRECT in the provision of services to you and third parties whose services we use to conduct our business. Third parties may include related parties who process and store your personal information for us.

For example, our third party service providers may provide certain information technology, data processing, and advertising/marketing, and call center services to us from time to time so that we may operate our business, and as result, your personal information may be collected, used, processed, stored or disclosed in the United States of America, Canada and in Europe (including the United Kingdom and Russia), India or Asia (including China). As a result, your personal information may be used, stored or accessed in other countries and may be subject to the laws of those countries. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement agencies in those countries.

Where you have requested us to do so (either expressly or by your actions), we may share your personal information with persons who may consider you and/or your application for a loan, credit card or other product or service. In connection with this, CAR APP DIRECT and/or our third party business affiliate to perform a credit check on you to confirm your financial situation and your initial and ongoing eligibility for the products and services you have requested.

In addition, personal information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership of or the grant of a security interest in, all or a part of CAR APP DIRECT or its affiliates through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Further, your personal information may be disclosed:

  • as permitted or required by applicable law or regulatory requirements;

  • to comply with valid legal processes such as search warrants, subpoenas or court orders;

  • as above, in order to administer or service your aim to obtain credit with one or more third parties;

  • to protect the rights and property of CAR APP DIRECT;

  • during emergency situations or where necessary to protect the safety of a person or group; or,

  • with your consent;

Your Consent is Important to Us

It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or expressed. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

As we have described above, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

Choice/Opt-Out

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

In certain circumstances, the withdrawal of consent may render us unable to continue to provide products or services where the collection, use or disclosure of your personal information is necessary to provide the product or service.

We assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

How is Your Personal Information Protected?

CAR APP DIRECT endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure.

The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please inform our Customer Care department of this change. If our Customer Care department is unable to help you, please contact our Privacy Officer using the contact information below.

In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

Access to Your Personal Information

You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Customer Care department, and if our Customer Care department is unable to help you, please contact our Privacy Officer using the contact information below. Please note that any such communication must be in writing.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Customer Care department. If our Customer Care department is unable to help you, please contact our Privacy Officer using the contact information below

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.

In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Customer Care department by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If our Customer Care department is unable to help you, please contact our Privacy Officer using the contact information below. If you remain dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

By Email to:

info@carappdirect.ca
Attention: Privacy Officer

  

Revisions to this Privacy Policy

CAR APP DIRECT from time to time, may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website and we encourage you to refer back to it on a regular basis.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word ‘including’ is used, it shall mean ‘including without limitation’.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon CAR APP DIRECT any obligations outside of, or in addition to, any obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada’s federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Terms and Conditions

This document was last updated on Dec 14 2023

This website is owned and operated by CAR APP DIRECT. Access and use of this website is provided by CAR APP DIRECT to you on condition that you accept these Terms of Use. By accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.

CAR APP DIRECT may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

Jurisdiction and Age

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this website (or any of its related services). Your profile may be deleted and these Terms of Use may be terminated without warning, if we believe that you are under age or your use of this website (or any of its related services) is not allowed.
CAR APP DIRECT provides credit and referral services throughout Canada.

Privacy

CAR APP DIRECT is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this website (or any of its related services). Please see our Privacy Policy for further details.


If you would like to use our services in connection with applying for a loan or other credit service using our Website, you will be asked to consent to CAR APP DIRECT collecting, using and disclosing the personal information that you provide for the purposes of enabling us to provide such services to you.

You acknowledge and agree that access to and use of this website (and any of its related services) is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world as a result.

Credit Authorization

By submitting an application to carappdirect.ca, you certify that all information provided is true and you authorize CAR APP DIRECT or our agents or affiliates to:

  1. Obtain consumer credit reports from one or more credit reporting agencies in connection with the approval of your application

  2. Communicate with you by telephone, mail, email, text or any social media platforms in connection with the approval of your application

Consent, Communication, Services Paid & Financial Products and Services

If you apply for a loan or other credit product or service through this website, you may be asked to consent to CAR APP DIRECT and/or our third party business affiliates collecting, using and/or disclosing the personal information that you provide to us to confirm your financial situation and your initial and ongoing eligibility for such credit products and services. In order to provide you with such products and services, you may be contacted by CAR APP DIRECT and/or our third party business affiliates. In addition, you may also be asked to allow CAR APP DIRECT and/or our third party business affiliates to perform a credit check on you, based on the information you have provided, to confirm your financial situation and your initial and ongoing eligibility for such products and services.

Unless you advise us otherwise, CAR APP DIRECT and our third party business affiliates may offer you related products, services and pre-qualifications for other related or non-related credit or financial products and services. You acknowledge that: (i) all communications to you from CAR APP DIRECT and its third party business affiliates may be done via SMS, telephone, email and postal mail; and (ii) CAR APP DIRECT and our third party business affiliates may receive a referral fee for providing you with or referring you to a loan or other credit product or service.

User Accounts

When you are required to open an account to use elements of this website (or any of its related services), you must complete the registration process by providing complete and accurate information requested on the registration form. You will be asked to provide a username and password.
Where we offer you the ability to choose your own username(s) in connection with this website (or any of its related services), we will use reasonable efforts to assign such name(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any name that (i) has already been assigned, or (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the rights of another. Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask you to select another name or terminate this agreement.

You agree that you are entirely responsible for maintaining the confidentiality of your username and password and that CAR APP DIRECT and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.

You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such other user and Canada Auto Approval. You agree to notify CAR APP DIRECT immediately on any unauthorized use, theft or misappropriation of your account, username, or password. CAR APP DIRECT shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

You acknowledge and agree that you shall be responsible for each and every access, use or employment of this website (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that CAR APP DIRECT is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of this website (or any of its related services).

Security of Website

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of CAR APP DIRECT’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. CAR APP DIRECT may, without notice, temporarily suspend your, or any other party’s, access to this website (and any of its related services), (including, without limitation, any specific areas hosted within this website) by deactivating any password(s) or links to the Internet if CAR APP DIRECT reasonably suspects that you, or any other parties, are obtaining unauthorized access to CAR APP DIRECT’s other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as CAR APP DIRECT may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

Intellectual Property

All materials (including the organization and presentation of such material) on this website (the “Materials“) are the property of CAR APP DIRECT and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

The Materials may only be used and copied for your own non-commercial, personal purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with CAR APP DIRECT, any other use of these Materials without CAR APP DIRECT’s written permission is prohibited.

Currency of website

CAR APP DIRECT updates the information on this website periodically. However, CAR APP DIRECT cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. CAR APP DIRECT may revise, supplement or delete information, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked websites

This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that CAR APP DIRECT monitors or endorses these websites. CAR APP DIRECT does not accept any responsibility for such websites. CAR APP DIRECT shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. CAR APP DIRECT shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Canada Auto Approval recommends that you install appropriate anti-virus or other protective software.

Website and Materials Provided “As Is”

THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS“, “WHEN AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CAR APP DIRECT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL Canada Auto Approval OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, CAR APP DIRECT’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold CAR APP DIRECT harmless against all claims or liability asserted against CAR APP DIRECT arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Contact us

Feel free to contact us at: info@carappdirect.ca. Should you choose to email us, kindly note that the Internet is not a secure medium and any such communication may be lost, intercepted or altered. CAR APP DIRECT is not liable for any damages related to communications to or from us. You agree with respect to any information provided by you to us that:

  • CAR APP DIRECT has no obligation concerning such information;

  • the information is non-confidential;

  • CAR APP DIRECT may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
    • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This website is controlled, operated and administered by CAR APP DIRECT from within the Province of Ontario, Canada. This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.

General

CAR APP DIRECT’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.