By purchasing information from Great Canadian Automotive, you, the Purchaser, are entering into a binding and enforceable legal agreement with Great Canadian Automotive as set forth below. The Purchaser represents and warrants that it is authorised to enter into this agreement. Please read these Terms and Conditions carefully. As used in this agreement, the terms “Purchaser” and “You” mean you and the company or entity which you represent.

GetGoing.ca is a trade name of:

Great Canadian Automotive INC

8661 201^st  Street, 2^nd Floor
Langley, BC
V2Y 0G9

Definitions

“Lead” is defined as a prospective customer, created when an individual provides their contact and other information on one of our web forms.

“Lead Package” is defined as a pre-paid batch of leads purchased in advance of delivery by the Purchaser.

Lead Fees

Lead fees vary depending on the filters the Purchaser requests and the volume of leads purchased. Fees are based on the pricing schedule and are agreed upon between Great Canadian Automotive and the Purchaser prior to commencing this agreement.

Payment

Payment for Lead Packages can be made online by Visa, Mastercard, American Express or Paypal. Wire transfer and email money transfers are also accepted.

Leads will continue to be delivered until the Purchaser’s pre-paid balance is exhausted.

Low Balance Notifications

When the Purchaser’s account balance is close to being exhausted, the Purchaser may receive an automated Low Balance email notification.

Lead Exclusivity

During the term of this Agreement Great Canadian Automotive agrees to grant the Purchaser the right to use the Leads purchased from Great Canadian Automotive on an exclusive basis.

Lead Volume & Speed of Delivery

Leads are delivered in real-time as they are generated, but Great Canadian Automotive can make no guarantees as to the volume of Leads the Purchaser will receive or the speed at which the Purchaser will receive them.

Daily Lead Limits

There is no daily Lead limit by default, however the Purchaser may request a limit be placed on their account by emailing

[email protected] or reaching our to the account manager listed on their account.

Refunds On Lead Packages

There are no refunds on Lead Packages after orders have been received. The only exception to this is if Great Canadian Automotive is unable to deliver at least five (5) leads to the Purchaser within thirty (30) days of their purchase. In this case the Purchaser may request and receive a refund for the outstanding balance in their account. Great Canadian Automotive will refund the outstanding balance within 14 business days from the date of the Purchaser’s request in this event.

Lead Returns

If a Lead is deemed invalid by the Purchaser, a Lead return may be requested within seven (7) calendar days of delivery. If a Lead return is approved by Great Canadian Automotive, a credit will be provided within the Purchaser’s account. Lead returns are subject to the sole discretion of Great Canadian Automotive and will be considered under the following circumstances only:

(1) The Lead is a duplicate of a Lead previously provided to the Purchaser by Great Canadian Automotive within the previous 90 days; or

(2) The Lead is outside of the geographic region requested by the Purchaser; or
(3) The Lead information contains an obviously fake name (i.e. Mickey Mouse); or

(4) The Lead has submitted an income less than $1,800; or (5) The Lead is less than 3 months on the job; or

(6) The Lead is under the legal age of contract in your region.

All Leads delivered to the Purchaser are deemed accepted unless, within seven (7) calendar days from the date that Great Canadian Automotive delivers the Lead to the Purchaser, the Purchaser requests to return the Lead for one of the reasons stated above. In the event that the Purchaser fails to request a Lead return within seven (7) calendar days of delivery, Great Canadian Automotive shall have no obligation to process a return. In no event will the Purchaser be permitted to return greater than twenty percent (20%) of Leads provided within a three (3) month period.

**To request a lead return, log-in to your account at https://admin.getgoing.ca, click “My Leads”, then click “Request a Lead Refund”.

Email/SMS Delivery Disclaimer

The Purchaser can choose for Leads to be sent via email or SMS text message for convenience; however for a Lead to be considered “delivered” it must ONLY show up in the Purchaser’s account at https://admin.getgoing.ca.

**Email is an imperfect technology. Even if you have white-listed [email protected] (which we highly encourage) and requested SMS delivery, there is always a small possibility of leads not being delivered through these channels. For that reason we request that you log into your account regularly to ensure receipt of all leads.

TERMS OF USE

During the Term hereof and subject to the other terms and conditions of this Agreement, Great Canadian Automotive grants to the Purchaser a licence to use the Leads as follows:

• Great Canadian Automotive is not responsible for the use of its Leads by the Purchaser.

• The Purchaser agrees to use the Leads in a manner that strictly complies with any applicable laws, regulations, judgments, orders, policies and ordinances of any authorized governmental or regulatory body including but not limited to applicable privacy legislation, any legislation respecting commercial electronic messages and anti-spam measures, and the Uniform Telecommunications Rules regarding telephone solicitation.

• The Purchaser agrees to use its best efforts to attempt to make contact with every Lead as quickly as possible.

• The Purchaser agrees that during the term of this agreement and thereafter it shall comply with all applicable privacy legislation with regard to Leads provided by Great Canadian Automotive and in its communications. The Purchaser specifically agrees that it will comply with all informational and “unsubscribe” requirements mandated by such legislation and that it will report these requests via email to [email protected] within seven (7) calendar days of receipt of the request.

• The Purchaser agrees not to resell Lead information to a third party and to only contact purchased Leads in regards to their request for assistance.

• Great Canadian Automotive may contact a Lead periodically by phone, email or SMS for any of the following reasons: (1) To send automated email follow up messages to the Lead to help improve contact rates; (2) To survey the Lead in order to improve Lead quality; (3) To confirm that the Lead requested to be contacted; (4) To audit returned Leads; (5) To recommend complementary products or services after obtaining prior consent.

ADDITIONAL TERMS

Consent to Communication from Us

The Purchaser consents to allow Great Canadian Automotive to contact you regarding Lead notifications, debt Lead related promotions, other related offers, transactional information regarding your account, and any other customer service related communications we deem necessary. Should you no longer wish to receive communications from us simply send an email to [email protected] and indicate you would like to close your account permanently.

Licence Restrictions

All rights not expressly granted herein are reserved by Great Canadian Automotive. The Purchaser may use the Leads only for the purpose expressly set forth in this agreement. Great Canadian Automotive does not grant any implied licence under any patents, trade-marks, trade secrets, copyrights or other proprietary rights held by Great Canadian Automotive. The use by Great Canadian Automotive of an online lead generation form prepared by the Purchaser or any third party does not grant to the Purchaser or any third party any rights whatsoever in and/or to the Leads generated therefrom.

Great Canadian Automotive reserves the right to change its terms of service to the Purchaser at any time. Such changes will come into effect only upon notification to the Purchaser by email, within the Purchaser’s account, or postings on the websites within the Great Canadian Automotive network.

Disclaimer

Great Canadian Automotive does not guarantee that the Leads provided pursuant to the terms of this Agreement will generate revenue to the Purchaser. Great Canadian Automotive does not guarantee that the Leads provided can be contacted by the Purchaser or that the Leads provided are not otherwise available from another source separate from Great Canadian Automotive. Great Canadian Automotive makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the Leads. Great Canadian Automotive exercises no control over, and accepts no responsibility for, the acts and/or omissions of the Leads. Except as otherwise expressly set forth in this Agreement, the Purchaser hereby agrees that the Leads are provided on an “as is, as available” basis.

Proprietary Rights

The Purchaser acknowledges and agrees that the software and marketing materials used in connection with the provision of Leads contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Great Canadian Automotive, the Purchaser agrees not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the software or marketing materials, in whole or in part.

Effective Date and Termination

This Agreement shall begin upon purchase of a Lead Package and shall remain in full force and effect until terminated by either party in a manner consistent with the terms and conditions set forth herein. This Agreement shall automatically terminate when the Purchaser’s account balance reaches zero dollars ($0.00) and/or there is no longer a sufficient balance in the Purchaser’s account to purchase any Leads.

The Purchaser agrees that Great Canadian Automotive may, under certain circumstances and without prior notice, immediately cease to provide its services of Lead production. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements; (ii) requests by law enforcement or other government agencies; and (iii) unexpected technical or security issues or problems. The Purchaser agrees that all terminations for cause shall be made in Great Canadian Automotive’s sole discretion and that Great Canadian Automotive shall not be liable to the Purchaser or any third party for any such cessation of services. Should Great Canadian Automotive choose to terminate this agreement prior to the delivery of all purchased leads, the Purchaser’s will be refunded the amount of their undelivered leads within thirty (30) days.

Dealings with Third Parties

The Purchaser’s correspondence and/or business dealings with any third parties as a result of the purchase of any Lead from Great Canadian Automotive, is solely between the Purchaser and such third party. The Purchaser agrees that Great Canadian Automotive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Notices

Great Canadian Automotive may provide you with notices, including those regarding changes to the Agreement, by email, within your account, or postings on the websites within the Great Canadian Automotive network.

Indemnity

Each party hereto agrees to indemnify, defend and hold the other party harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgements, settlements, fines, penalties, costs, and expenses, including attorneys’ fees and related costs, which (1) arise solely or in part from the act(s) and/or omission(s) of the indemnifying party; or (2) arise from or are related to a breach by the indemnifying party of any express warranty contained herein.

Governing Law; Severability

This Agreement is governed by the laws of the province of British Columbia without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Section headings are for convenience only and will not be considered part of this Agreement. If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.

Entire Agreement

This Agreement, together with any addenda, exhibits, amendments and schedules hereto, shall constitute the entire agreement and understanding between Great Canadian Automotive and the Purchaser with respect to the subject matter hereof and supersedes any prior representations, agreements, and/or understandings between the parties on these subjects. Any different or additional terms in any documents furnished by the Purchaser are specifically objected to and will not become part of this Agreement.