Thank you for
choosing Driving-Tests.ca! These Terms of Service (“TOS”) govern
the use of Driving-Tests.ca (Driving Tests or “we”) online at
driving-tests.ca, including mobile devices.
These TOS
represent a binding contract, and by creating an account or other
otherwise accessing Driving Tests, you agree to the TOS. The TOS
incorporate the provisions of the Privacy Policy, so please review it
as well. If you do not agree to be bound by the TOS, you must stop
using Driving Tests.
1. Consent to the TOS and Account Registration
The TOS apply to
users of Driving Tests as well as individuals whose payment details
are used to subscribe to paid Driving Tests accounts (collectively
referred to as, “you”).
Registration.
Driving Tests provides a personalized content and training
experience. When you create an account, we require you to provide
limited information about you, including your email address and a
password (“Account Information”). We may use your Account
Information to send you periodic newsletters and other email
communications about customer service, new product offers and other
matters. You may choose to opt out of much of this email
correspondence; however, we will still send you emails regarding
account issues. We do not provide your personal information to third
parties for their marketing purposes. Please see our Privacy Policy
for further information.
Use of Driving Tests by Minors.
Children under 18 or the age of majority in their jurisdiction of residence
(“Minors”) may use Driving Tests, but use by such Minors shall
only be done with the guidance, supervision, and consent of their
parents, guardians, and/or authorized school officials. We rely on
parents and guardians to ensure Minors only use Driving Tests if they
can understand their rights and responsibilities as stated in the
TOS. If you are a parent or guardian and you provide your consent to
a Minor’s use of Driving Tests, you agree to be bound by the
Minor’s use of Driving Tests and by the TOS.
Account Confidentiality.
You agree that you have the responsibility for maintaining the confidentiality and
security of your Account Information. You agree to notify us
immediately of any unauthorized use of your Account Information.
No Guarantee of Availability of Tests or Questions.
As part of our process to continuously improve Driving Tests, we may
remove certain tests, questions or features, or enable new tests,
questions or features. We reserve the right to make modifications to
Driving Tests at our discretion.
2. Intellectual Property
Driving Tests, including, but not limited to, text, graphics, and images
(collectively “Content”), is proprietary and protected by
Canadian copyright laws, international treaty provisions, trademarks,
service marks, and other intellectual property laws and treaties.
Driving Tests is also protected as a collective work or compilation
under Canadian copyright and other laws and treaties. You agree to
abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained in Driving
Tests. You agree that, without our prior written consent, you may not
download, copy or store Content in any form outside of Driving Tests
and you may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works based on,
distribute, or perform any of the Content. You acknowledge that
Driving Tests has been developed, compiled, prepared, revised,
selected, and arranged by Driving-Tests.ca through the application of
methods and standards of judgment developed and applied through the
expenditure of substantial time, effort, and money and constitutes
valuable intellectual property of Driving-Tests and such others. You
agree to protect the proprietary rights of Driving Tests and all
others having rights in Driving Tests during and after the term of
this agreement and to comply with all reasonable written requests
made by Driving Tests or its suppliers and licensors of content or
otherwise (“Suppliers”) to protect their and others’
contractual, statutory, and common law rights in Driving Tests. You
agree to notify Driving Tests immediately upon becoming aware of any
unauthorized access or use of Driving Tests by any individual or
entity or of any claim that Driving Tests infringes upon any
copyright, trademark, or other contractual, statutory, or common law
rights. All present and future rights in and to trade secrets,
patents, copyrights, trademarks, service marks, know-how, and other
proprietary rights of any type under the laws of any governmental
authority, domestic or foreign, including rights in and to all
applications and registrations relating to Driving Tests shall, as
between you and Driving Tests, at all times be and remain the sole
and exclusive property of Driving Tests.
You may not use any of our trademarks, trade names, service marks, copyrights, or
logos in any manner which creates the impression that such items
belong to or are associated with you or, except as otherwise provided
herein, are used with our consent, and you acknowledge that you have
no ownership rights in or to any of such items. You agree that all
data and algorithms and associated servers are “trade secrets” as
defined, without limitation, in the Canada Uniform Trade Secrets Act.
3. Your License to Use Driving Tests
We provide you a limited, non-exclusive, non-sublicensable, non-transferable,
revocable license to access and make personal use of Driving Tests,
subject to the TOS. This license is available to you as long as you
are not barred from Driving Tests by applicable law, or your account
is not terminated by us or by you. If the TOS are not enforceable
where you are located, you may not use Driving Tests. Driving Tests
reserves all right, title, and interest not expressly granted under
this license to the fullest extent possible under applicable laws.
4. Restrictions and Prohibited Uses
Driving Tests is used by many people, and we are proud of the trust our users place
in us. We expect, in turn, that our users do not misuse our products
and services. Except as provided in the TOS, you shall not:
Attempt to impersonate another person or use as a Driving Tests user name a
name subject to any rights of another person without appropriate authorization;
Use, share or distribute Driving Tests for your own scientific or clinical
research purposes without our prior express written consent;
Violate or attempt to violate Driving Tests’ security features, including
accessing content not intended for you, logging into a server or
account that you are not authorized to access, or probing, scanning,
or testing the vulnerability of Driving Tests or associated systems and networks;
Re-circulate, distribute, recompile, decompile, disassemble, reverse engineer,
store, transmit, publish, copy, download, make or distribute Driving
Tests, or any portion thereof, or any derivative work from,
including Driving Tests’ source code;
Use Driving Tests to affect our ability to realize revenue in connection with
Driving Tests or compete with the business of Driving Tests or its affiliates;
Scrape, access, monitor, or copy any content or information on Driving Tests
by accessing Driving Tests in an automated way, using any robot,
spider, scraper, web crawler, or using any method of access other
than manually accessing the publicly-available portions of Driving
Tests through a browser or mobile device or accessing Driving Tests through any approved API;
Violate the restrictions in any robot exclusion headers of Driving Tests, if
any, or bypass or circumvent other measures employed to prevent or limit access to Driving Tests;
Use Driving Tests in any manner that could harm, take over, disable, overburden,
or otherwise impair any of our computer systems;
Interfere with any other party’s use and enjoyment of Driving Tests, or any
of the content, information, or services provided through Driving Tests;
Use Driving Tests, the information contained therein, or any trademarks, trade
names, service marks, copyrights, or logos of Driving Tests or its
affiliates, in unsolicited mailings or spam material or to operate contests;
Violate any third party's rights, including any breach of confidence, copyright,
trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others; or engage in activity in connection
that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate;
Post or transmit any communications intended to obtain personal information
from any other user, including minors;
Remove or modify any copyright, trademark or other proprietary rights notice
that appears on any portion of Driving Tests or on any materials copied from Driving Tests; or
Use Driving Tests to violate any laws, for any illegal purposes or in any manner
inconsistent with the provisions of the TOS.
Violating any of these restrictions or engaging in prohibited uses is grounds for
immediate termination of your Driving Tests account. It may also
subject you to civil or criminal penalties.
5. Payments, Refunds and Renewals
Overview. You may access parts of Driving Tests for free, and other services
and products require payment of subscription fees. We offer a few
different types of pricing plans, and the specific pricing terms
applicable to your account may vary depending on promotions, the type
of subscription and the term you select at the time of purchase
(e.g., monthly, semi-monthly, quarterly). If you have questions
regarding your plan following your purchase, please refer to your
Account page and the confirmation email sent to you after your
purchase.
Our subscription plans are billed in one payment for the term. This means, for
example, that if you purchase a monthly plan, you will be charged for
the full month’s payment each month; if you purchase a semi-monthly
or quarterly plan, you will be charged for the entire semi-monthly or
quarterly term at one time. Please note that we may use a third-party
payment processor to facilitate your payments.
Refund Policy. No refunds will be provided for
Driving Tests subscriptions made online at Driving-Tests.ca. Driving
Tests reserves the right to provide a refund at our own discretion.
Renewals. Driving Tests subscriptions made online at driving-tests.ca do not
renew automatically. If you wish to renew your subscription, you must
login into your account on driving-tests.ca and perform the renewal
yourself, manually. If you signed up with a promotion, your renewal
rate may be higher than your initial rate.
Payment Information. By providing payment
information to us, you agree that the payment information is valid
and (1) in your name or (2) in the name of an individual who has
authorized you to use their payment information for your subscription purchase.
If you provide someone else’s payment information, you agree that we may refund
payment to that person if they so request, and if we determine that
the payment should be refunded. This may cause interruption to or
termination of your Driving Tests service.
6. Your Content and Feedback
Some sections of Driving Tests either now or in the future may allow you to post or
submit content and materials for publication on Driving Tests. You
are solely responsible for all content and materials that you post or
submit to Driving Tests for such purposes (“Your Content”), and
acknowledge that once published, Your Content cannot always be
withdrawn. When using Driving Tests, you shall not submit, upload,
post, or otherwise make available any material that violates the
Restrictions contained in Section 4 above.
By uploading Your Content, you are representing that you own Your Content, and
that you will indemnify Driving Tests, its subsidiaries, and
affiliates for all claims resulting from Your Content.
You assume all risks associated with Your Content, and Driving Tests takes no
responsibility and assumes no liability for any content you submit.
Driving Tests may, but is not required to, monitor the content on its
site using any means to screen, block, filter, edit or remove
content. Driving Tests may terminate or suspend users’ accounts or
delete, edit or remove content that Driving Tests, in its sole
discretion, deems illegal, offensive, abusive, in violation of our
policies, or otherwise inappropriate or unacceptable.
For Your Content, you agree that Driving Tests, its subsidiaries, and
affiliates have a non-exclusive, transferrable, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, copy, and display Your Content throughout the world
in any form, media, or technology now known or hereafter developed.
You assign Driving Tests the right to pursue enforcement of copyright
and other intellectual property claims against third parties that
have, without authorization, and in violation of the TOS, scraped,
copied, or distributed content from Driving Tests that has been
provided to us by you and for which you have not granted such third
parties a separate license to use.
We appreciate when you provide us feedback through customer service, by email or
social features, but please be aware that we may use any feedback,
comments, or suggestions without any obligations to you.
7. Warranty Disclaimer
YOU AGREE THAT USE OF DRIVING TESTS IS AT YOUR OWN SOLE RISK AND THAT DRIVING
TESTS AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, DRIVING TESTS AND ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING DRIVING TESTS, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT.
DRIVING TESTS MAINTAINS DRIVING-TESTS.CA ON A COMMERCIALLY REASONABLE BASIS AND
DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO DRIVING-TESTS.CA.
DRIVING-TESTS.CA MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER
LIMITATIONS. YOU WILL NOT HOLD DRIVING TESTS RESPONSIBLE FOR ANY
DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS
TO OR LOSS OF USE OF) DRIVING TESTS, INCLUDING WITHOUT LIMITATION ANY
DAMAGE TO ANY OF YOUR COMPUTERS, DEVICES, OR DATA. EXCEPT AS PROVIDED
IN THESE TOS, YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN
PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY
YOUR ACCESS TO OR USE OF DRIVING TESTS.
YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING CATASTROPHIC DISK
FAILURE WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE THAT YOU
WILL NOT HOLD DRIVING TESTS RESPONSIBLE FOR ANY DAMAGE THAT RESULTS
FROM SUCH LOSS.
We strive to make Driving Tests accessible on many web browsers and devices and we
may update the technologies that we use for Driving Tests. Because
technologies vary widely and rapidly change, we are not able to
guarantee that Driving Tests will function on all systems or network
services either now or for future versions of Driving Tests. You are
responsible for ensuring that your equipment and network function
with Driving Tests.
8. Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DRIVING TESTS OR ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE
LIABLE WITH RESPECT TO DRIVING TESTS FOR (I) ANY AMOUNT IN THE
AGGREGATE IN EXCESS OF THE FEES PAID YOU TO SUBSCRIBE TO DRIVING
TESTS; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY
INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING
OUT OF YOUR ACCESS TO OR USE OF DRIVING TESTS; OR (III) ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER. DRIVING TESTS DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED
THROUGH DRIVING TESTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION
OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN DRIVING TESTS AND YOU. YOU UNDERSTAND THAT DRIVING TESTS
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR
MAY NOT APPLY TO YOU.
9. Liquidated Damages
You agree that it would be difficult to ascertain the exact amount of damages
that we would suffer as the result of the theft of Content,
especially if stolen Content is exploited for commercial use on a
website or any other digital medium. Therefore, you agree that, in
the event you steal, copy without authorization, or otherwise
misappropriate Content, Driving Tests is entitled to recover from you
liquidated damages in the amount of five thousand ($5,000.00) dollars
per graphic or image, and twenty thousand ($20,000.00) dollars per
exercise, or application that is stolen, copied without
authorization, or otherwise misappropriated. You agree that this
amount represents a reasonable, minimal, estimate of the damage that
Driving Tests would suffer but does not in any way limit actual
damages, if so pursued. ANY ACTION BY DRIVING TESTS TO ENFORCE THIS
SECTION SHALL NOT BE DEEMED A WAIVER OF OUR RIGHT TO PURSUE, AT OUR
SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO IT UNDER
THIS AGREEMENT OR BY LAW.
10. Irreparable Injury
You agree that any actual or threatened breach of the TOS or infringement of
proprietary or other third party rights by you would cause
irreparable injury to Driving Tests and would therefore entitle
Driving Tests to injunctive relief without any additional showing of
irreparable injury or harm.
11. Indemnity
You will indemnify and hold Driving Tests, its parents, subsidiaries,
affiliates, officers and/or employees (“Driving Tests Indemnified
Parties”), harmless, including by paying costs and attorneys' fees,
from any claim or demand made by any third party due to or arising
out of your access to Driving Tests, the violation of the TOS by you,
or the infringement by you, or any third party using your account, of
any intellectual property or other right of any person or entity.
12. Using Social Features and Links to Third Party Sites
Driving Tests may enable social features that allow you to communicate with other
users or our employees, including some social features provided by
third parties. Similarly, we may link to third party sites.
These links and third party social features are provided for your convenience
only and we cannot make guarantees about their accuracy, reliability,
or privacy. Should you choose to access them, you do so voluntarily
and assume all risk. In addition, your use of those sites and
features may be subject to the terms and privacy policies of those
third parties.
13. Cancelling Your Account
You may cancel your account at any time by accessing the “My Account”
link on Driving-Tests.ca or contacting customer service. For
information about the availability of refunds, please review our
Payment Policy. We reserve the right to limit or terminate your
account if we believe you are in violation of the TOS.
14. General
Severability and Waiver. If any part of the TOS is held invalid or unenforceable, that part
will be construed to reflect the parties' original intent, and shall
be limited or eliminated to the minimum extent necessary so that the
TOS shall otherwise remain in full force and effect and enforceable.
A waiver by either party of any term or condition in the TOS or any
breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. The failure of either
party to exercise in any respect any right provided for herein shall
not be deemed a waiver of any further rights hereunder.
Governing Law, Jurisdiction and Venue. You agree
that the TOS are governed by and construed in accordance with the
laws of the province of Ontario without regard to conflict of law
provisions. You further consent to the personal jurisdiction of and
exclusive venue in the federal and provincial courts located in and
serving Toronto, Ontario as the legal forum for any dispute arising
out of the TOS and/or or your access to or use of Driving Tests to
the extent that such dispute is not precluded as an Arbitral Claim.
Change Policy. The TOS may be updated from
time to time. If we make material changes, we will provide notice to
you either by email, by posting a notification on Driving-Tests.ca or
by posting an updated TOS on Driving-Tests.ca. Please note that, for
existing users, unless otherwise provided by applicable law, your
continued use of Driving Tests following the effective date means
that you agree with, and consent to be bound by, the updated TOS.
Miscellaneous. Both parties agree that the TOS are the complete and exclusive
statement of the mutual understanding of the parties and supersede
all previous written and oral agreements relating to the subject
matter of the TOS, and that all modifications to the TOS must be in a
writing signed by both parties. If there is any conflict between the
TOS and any additional terms, conditions, and rules posted by Driving
Tests on Driving-Tests.ca, the TOS shall govern, unless otherwise
indicated. Section 14 shall survive any termination of the TOS.
