Terms and Conditions

These are the general terms and conditions for services provided by Island Auto Appraisals and available through: 

• https://islandautoappraisals.com

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” refers to the Island Auto Appraisals website, “we”, “us”, “our” and “Island Auto Appraisals” refers to Island Auto Appraisals and “you” “client” and “user” refers to you, the Island Auto Appraisals user.

The following terms and conditions apply to the website and services offered by Island Auto Appraisals. This includes the mobile and tablet versions as well as any other version of Island Auto Appraisals accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM ISLAND AUTO APPRAISALS.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Island Auto Appraisals. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately.

The services are not directed to persons under the age of 18. Island Auto Appraisals does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the services on their own. If you are under the age of 18, please do not submit any personal information about yourself to Island Auto Appraisals unless you have proper permission from the appropriate parent or legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship.  

Island Auto Appraisals may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing Island Auto Appraisals with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.

3. SERVICES 

Island Auto Appraisals offers the following services:

Remote Vehicle appraisal

• Review of documents submitted
• Fair value price determined
• Completed FIN 320 Form ICBC and BC Finance Ministry compliant

4. PAYMENTS

Services can be paid for using the following payment methods: 

• Credit/debit card (Visa, Master, Discover,      Amex, Diners, etc.) 
• Paypal

Payments will be processed through our payment processor available on the website. Payment for the relevant service will be charged to your credit/debit card immediately upon completion of the service purchase process and according to the service invoice sent to the client by Island Auto Appraisals. Once the transaction has been processed, we will send an electronic receipt to the user’s or client’s email address. 

If you find any inconsistencies in your billing, please contact us via our contact details. 

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the services. BC Auto Appraisals reserves the right to engage any commercially available payment platform that processes your data for the sole purpose of processing the purchase of the services.

5. NON-DISCLOSURE OF INFORMATION

Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Island Auto Appraisals will protect such confidential information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or similarly important proprietary information. 

Island Auto Appraisals may disclose confidential information received pursuant to our services to employees and/or co-workers who have a need to know, provided that such employees or co-workers are obligated to protect such confidential information from unauthorized use and disclosure. 

Confidential information shall not be disclosed to any third party without the prior written consent of the client who owns the information. In the same respect information provided by Island Auto Appraisals through our services shall be treated as confidential by the client and shall be afforded the same degree of confidentiality as information provided by the client to Island Auto Appraisals.

6. PERSONAL DATA

Any personal information you provide in connection with the services will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.

7. DISCLAIMER

Island Auto Appraisals services are limited solely and exclusively to performing the appraisals of the client’s vehicles and completing the completed FIN-320 appraisal form to the client for submission to the respective local insurance broker or appropriate government agency. Please note that the accuracy of the information provided by the client and the submission of the form to the respective insurance broker or government agency is the sole and exclusive responsibility of the client. 

Please note that if the client provides false information through our services and the completion of the FIN 320 form, negative consequences such as fines or judicial and criminal penalties may occur. Island Auto Appraisals is not responsible for the results of the client’s vehicle appraisal and is not liable if the client is unaware of the value of the vehicle resulting from the vehicle appraisal performed by Island Auto Appraisals.

By purchasing or engaging the services of Island Auto Appraisals, you agree that Island Auto Appraisals does not guarantee any profit outcome, success or failure of the motor vehicle appraisal services provided by Island Auto Appraisals. Island Auto Appraisals shall not be liable for any losses or profits which may be suffered or obtained by our clients and which are directly or indirectly related to the provision of our motor vehicle appraisal services. Client acknowledges that the ultimate success or failure of the services provided by Island Auto Appraisals will be the result of the particular situation of each client and the client’s vehicle beyond the control of Island Auto Appraisals.

8. COPYRIGHT

All materials on Island Auto Appraisals, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Island Auto Appraisals or by third parties that have licensed or otherwise provided their material to the website. 

You acknowledge and agree that all materials on Island Auto Appraisals are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Island Auto Appraisals prior express written permission. You may not add, delete, distort, or otherwise modify the material.

Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Island Auto Appraisals or any part of the material for any purpose other than its intended purposes is strictly prohibited.

9. COPYRIGHT INFRINGEMENT

Island Auto Appraisals will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in Canadian and international copyright and intellectual property laws. Island Auto Appraisals respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Island Auto Appraisals website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Island Auto Appraisals can find it on the website.  
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright      owner’s behalf.

10. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Island Auto Appraisals or licensed to the Island Auto Appraisals by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express      written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Island Auto Appraisals in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

11. DISCLAIMER OF WARRANTIES 

Because of the nature of the Internet Island Auto Appraisals provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Island Auto Appraisals for any loss or damage caused as a result.

Island Auto Appraisals will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Island Auto Appraisals excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Island Auto Appraisals and Island Auto Appraisals shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the      website.
• The infringement by any person of any      Intellectual Property Rights of any third party caused by their use      of the website or service purchased through the website.
• Any loss or damage resulting from your use or      the inability to use the website or resulting from unauthorized      access to, or alteration of your transmissions or data in circumstances      which are beyond our control.
• Any loss of profit, wasted expenditure,      corruption or destruction of data or any other loss which does not      directly result from something we have done wrong.
• Any amount or kind of loss or damage due to      viruses or other malicious software that may infect a user’s computer      equipment, software, data or other property caused by persons accessing or      using content from the website or from transmissions via emails or      attachments received from Island Auto Appraisals.
• All representations, warranties, conditions      and other terms which but for this notice would have effect.

12. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Island Auto Appraisals for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 

13. INDEMNIFICATION

You agree to defend and indemnify Island Auto Appraisals from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents      referenced herein.
• Your violation of any law or the rights of a      third party.
• Your use of the services.

14. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

15. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Island Auto Appraisals without restriction.

16. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Island Auto Appraisals as a result of these terms or your use of the services.

17. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Island Auto Appraisals, shall constitute the entire agreement between you and Island Auto Appraisals concerning and governs your use of the website and the services.

18. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and BC Auto Appraisals, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Island Auto Appraisals may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. 

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.

The courts of Canada shall have jurisdiction over any dispute, controversy or claim relating to Island Auto Appraisals and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Canada.

19. FINAL PROVISIONS

These terms and conditions are governed by the laws of Canada. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

20. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms, our chat or by using the contact information below:

Island Auto Appraisals.

Email: info@islandautoappraisals.com