WEBSITE TERMS AND CONDITIONS OF USE

Thank you for visiting this website (the “Website”) created, maintained, operated and/or provided by Porsche Cars Canada, Ltd. (“Porsche Canada”) either on its own behalf or that of Porsche Financial Services Canada (“PFSC”), Porsche Smart Mobility Canada, Ltd. (“PSMC”), or other affiliated companies (collectively, “Affiliates”). All references to “we”, “us” or “our” refer to Porsche Canada, PFSC, PSMC, or Affiliates, either singly or collectively, as applicable. Please read these Website Terms and Conditions of Use (the “Terms”) carefully as they contain important information affecting yours and our rights.

By accessing and browsing the Website, you accept the Terms without limitation or qualification. This forms a legally binding agreement between you and either Porsche Canada, PFSC, PSMC, or the Affiliates. If you do not agree with the Terms, please discontinue your use of the Website.

1. Applicability and Additional Terms
The Terms are applicable to the Website. When leaving the Website, whether or not to visit another Porsche website, please read the particular website terms and privacy policy of the other site to ensure you understand and agree with the conditions applicable to that website.

Information and materials displayed on the Website, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in Canada and not necessarily to Porsche products sold in other markets.

Certain features of the Website may require you to download Content, software and/or agree to additional terms and conditions, policies and disclaimers (collectively, “Additional Terms”), which are hereby incorporated by reference into the Terms unless expressly stated otherwise in such Additional Terms. In the event of a conflict between the Terms and Additional Terms, the Additional Terms will prevail with respect to the specific feature to which they relate.

2. Restricted Use and Copyrights
All photographs, audio and video clips, picture images, graphics, links, website architecture, format, layout and data structures, and all other items contained on the Website (collectively, “Content”) are copyrighted unless otherwise noted and may not be used in any manner, except as provided in the Terms or in the Website text, without Porsche Canada’s, PFSC’s, PSMC’s, or the Affiliates’ prior written permission. Images of people or places and Porsche products are either property of, or used with permission by, Porsche Canada, PFSC, PSMC, or the Affiliates. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes. You may browse this Website and download or print a copy of material displayed on the Website for your personal use only and not for redistribution, unless consented to in writing by Porsche Canada, PFSC, PSMC, or the Affiliates. This limited consent shall automatically terminate upon your breach of any of the Terms.

You agree to comply with any requisite additional copyright notices, or restrictions contained in any of the Content and Website features.

3. Trademarks
The Porsche wordmark, Porsche Crest, Porsche Design, 911, Spyder, Carrera, Targa, Tiptronic, Porsche Speedster, Varioram, VarioCam, Boxster, Cayenne, Cayman, Macan, Panamera, 718, Taycan, Tequipment, RS, 4S, PCCB, PCM, and other Porsche product names, model numbers, logos, commercial symbols, trade names and slogans are trademarks and the distinctive shapes of Porsche automobiles are trade dress of Dr. Ing. h.c. F. Porsche AG (“PAG”) and are protected by Canadian and international trademark laws. You are prohibited from using any of the marks appearing on the Website without the express prior written consent of PAG, except as permitted by applicable laws. Other marks and logos shown on the Website may be marks owned by third parties not affiliated with Porsche and are used with their permission. Nothing shown on the Website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on the Website without the written permission of PAG or the third party owner. The use of any Porsche logo or mark, whether registered or unregistered, as a hyperlink to the Website or any other Porsche website is strictly prohibited unless consented to in writing by PAG.

4. Disclaimers and Limitation of Liability
All data contained on the Website relating to third-party products or services, including but not limited to, prices, availability of service or product, product feature or service coverage, if any, should be verified with the party supplying the product or service. Porsche Canada, PFSC, PSMC, or the Affiliates, may at any time without notice amend the data displayed on the Website. While Porsche Canada, PFSC, PSMC, and the Affiliates endeavor to periodically update posted information, not all information may be current, and none of these parties guarantee the accuracy or reliability of such data. Specifications on the Website are for comparison purposes only. Specifications, available colours, standard equipment, options and pricing are subject to change without notice. Some options may be unavailable when your car is built. Some vehicles may be shown on the Website with non-Canadian equipment. Please consult your Porsche Centre for advice concerning the current availability and pricing of options. Manufacturer's Suggested Retail Price (MSRP) excludes transportation fees, taxes, license, title, optional or regionally required equipment and Porsche Centre fees and charges. Actual Porsche Centre prices may vary. Porsche Canada, PFSC, PSMC, and the Affiliates are not responsible for any loss or damage caused by your reliance on any data contained on the Website. Porsche Canada, PFSC, PSMC, and the Affiliates recommend seat belt usage and observance of traffic laws at all times.

The Website, Content and features herein are provided on an “as is” and “as available” basis. Your use of the Website, Content and features is at your own risk. Porsche does not warrant that your access to the Website, Content and features will be uninterrupted or error-free.

No warranty of any kind, either express or implied or arising by statute, usage, trade, custom or otherwise, including but not limited to warranties of title or non-infringement, or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or Content of the Website. You agree that Porsche Canada, PFSC, PSMC, and the Affiliates shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, lost profits, revenues or data, or losses for business interruption arising out of the use of or inability to use the Website, even if any of these parties has been advised of the possibility of such damages.

Porsche Canada, PFSC, PSMC, and the Affiliates assume no responsibility and/or liability for any damages to or viruses that may infect your computer equipment or other property on account of or arising out of your use of or access to the Website.

Porsche Canada, PFSC, PSMC, and the Affiliates do not make any representations, warranties or conditions of any kind, express or implied, as to any vehicle, product or service, including but not limited to, the merchantability, merchantable quality or fitness for a particular purpose of any vehicle, product or service. Porsche Canada, PFSC, PSMC, and the Affiliates expressly disclaim any other implied warranties imposed by law. If you choose to purchase or lease a Porsche vehicle from a Porsche Centre you select through the Website, your purchase or lease shall be governed solely and exclusively by any agreement entered into between you and the Porsche Centre, and under no circumstances shall Porsche Canada, PFSC, PSMC, and the Affiliates have any liability with respect any transaction entered into directly or indirectly with a Porsche Centre, including a purchase or lease.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Porsche Canada, PFSC, PSMC, and the Affiliates’ liability in any case shall, however, be limited to the greatest extent permitted by law.

5. Links
The Website may include links to other sites on the Internet that are owned or operated by third parties, including authorized Porsche Centres. When visiting these third-party sites, you do so at your own risk. You should review and determine if you agree to a particular site’s terms and conditions of use before using such site. We do not control these sites and we assume no responsibility for their content. A link to a non-Porsche site does not imply that we endorse the site or the products or services described on such sites.

6. Account Registration and Passwords
You may be required to register for an account to access certain portions of the Website by providing certain information such as your name, email, telephone number(s), and vehicle information (collectively, “Account Registration Information”). In consideration for your use of the Website, Content and features, you agree to provide only current, complete and accurate information as requested on any registration form to which you are directed by the Website, and to update that information as soon as possible after any information you provide has changed. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Account Registration Information you provide is, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Website and/or to suspend or terminate your account.

As part of the account registration process, you may choose or be given a username and password. You agree to choose only a strong, unique password. You are solely responsible for keeping your username and password confidential, and for any and all activity that occurs on the Website under such username or password. You agree to immediately notify us of any unauthorized use of your username or password, or any other security breach of which you become aware.

7. Submissions
With the exception of Account Registration Information, and your username and password used to access certain portions of the Website, any communication or material you transmit to the Website (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) will be treated as non-confidential and non-proprietary. All such materials transmitted to the Website become the property of Porsche Canada, PFSC, PSMC, or the Affiliates, and may be used for any purpose. We may publish the material and/or incorporate it or any concepts described in our products without compensation, restrictions on use, acknowledgement of source, accountability, or liability.

8. Acceptable Use
You agree to use the Website, Content, and features only in accordance with the Terms for a lawful and proper purpose and in compliance with all applicable laws.

You shall not:

Provide, inaccurate or incomplete Account Registration Information; Circumvent or attempt to circumvent any security measures of the Website, Content and features; Use any software, code, script, or device to interfere or attempt to interfere with the operation or any function of the Website; Take any action that attempts to crash, overload, or spam the Website or the computer systems, networks, or data of Porsche Canada, PFSC, PSMC, PAG, the Affiliates, and service providers; Upload or transmit files to the Website containing malicious code or software (“malware”) of any kind to corrupt or attempt to corrupt the Website, Content, and features or the computer systems, networks, or data of Porsche Canada, PFSC, PSMC, PAG, the Affiliates, and service providers; Obtain or attempt to obtain unauthorized access to restricted sections of the Website, or the computer systems, networks, or data of Porsche Canada, PFSC, PSMC, PAG, the Affiliates, and service providers; Post, disseminate, or transmit inappropriate or offensive material through the Website, Content, and features such as pornography, obscene, profane, defamatory, libelous, threatening, or unlawful material, or any material that may give rise to or encourage criminal conduct, civil liability, or otherwise violate applicable law.
If you do not comply with the Terms we may suspend your access to the Website, Content and features, and any account you create or are assigned through the Website, and we may pursue any legal remedies available to us against you.

9. Privacy
By using the Website, you accept Porsche Canada’s Privacy Policy and its Cookies, Web Analytics, and Online Behavioural Advertising Policy. If you use the connected wireless or internet-based features and services available in your Porsche vehicle, your use of such features is subject to the Porsche Connected Technologies and Services Data Policy and you should read this policy carefully.

10. Governing Law [and Arbitration]
The Terms and your use of the Website is governed by and subject to the laws of the province of Ontario and, where applicable, Canadian federal law, without reference to any choice of law or conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any disputes or claims arising out of or related to these Terms or your use of this Website shall be submitted to binding arbitration pursuant to the Arbitration Act, 1991, (Ontario) or any successor legislation. Arbitration of all matters will be determined by a single arbitrator acceptable to both parties, acting reasonably, and all such arbitration proceedings shall be held exclusively in Toronto, Ontario. Any claim or cause of action that you may have arising from your use of the Website must be brought within one (1) year after the event giving rise to the claim or cause of action occurs.

11. Indemnity
You agree to defend, indemnify and hold Porsche Canada, PFSC, PSMC, PAG, and the Affiliates and subsidiaries harmless from and against any and all liabilities, claims, damages, costs, and expenses, including lawyer’s fees and expenses and court costs and awards, arising from or related to your misuse of the Website or any breach by you of the Terms. We reserve the right to choose counsel if we do not agree with your choice. We also reserve the right to assume control of any defence. You agree to cooperate with us and/or PAG in the defence of any claim whether or not we assume defence of it. You will not settle any claim that involves injunctive relief or mandatory orders against us without our consent.

12. Severability
If any provision of the Terms is held by a court or arbitrator to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.

13. Assignment
You may not assign your rights and obligations under the Terms. We may assign our rights and obligations under the Terms without your consent.

14. Entire Agreement
The Terms constitute the entire agreement between you and Porsche Canada, PFSC, PSMC, or the Affiliates with respect to the Website and the Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website.

15. Notice
We may give you notice via e-mail or posted mail, or where changes are made to the Terms, the Website or its Content and features, by posting notices or links to such notices on the Website.

If you have any questions or comments regarding the Terms please contact us.

16. Language
The parties have expressly requested and required that the Terms and all other related documents be drawn up in the English Language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

17. Modification of Terms
Porsche Canada, PFSC, PSMC, and the Affiliates may, at any time and without notice, amend the Terms, or may limit or deny access to, or change the Content of the Website. You should periodically visit this page to review the then current Terms to which you are bound.