Legal Notice
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 Sales & Marketplace 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. 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.