Vehicle Sales Authority of BC
Online Dispute Resolution Terms of Use
The Vehicle Sales Authority of British Columbia (“the VSA”) provides the Online Dispute Resolution service (“ODR”) as an online platform “Connector” to assist consumers and licensees in reaching a mutually agreeable resolution to disputes as described below.
User Agreement
Use of the ODR is subject to these Terms of Use. Please read this document carefully. Use of the ODR indicates acceptance of the Terms of Use, your agreement to be bound by them and acknowledgment that the Terms of Use may be amended from time to time.
The VSA reserves the right to modify these Terms of Use without notice. Please review the Terms of Use periodically for changes as your continued use of the ODR following the posting of changes will deem you as having accepted them.
Participation
Participation in the ODR is voluntary.
Confidentiality and Without Prejudice
Participation in the ODR, any communications between the parties and the details of any agreement reached is confidential and without prejudice and may not be disseminated in any form or on any platform.
While the VSA will be aware of the result of parties’ participation in the ODR, only the VSA’s Information Technology staff will have access to the communications between the parties.
Where the parties agree to participate in the ODR, any documents or materials that are exchanged between the parties may not be used for any purpose other than participation in the ODR. If the ODR dispute is not resolved, the parties may use documents or materials from ODR in support of or in response to a complaint to the VSA, or in legal proceedings.
Where a party participating in the ODR receives information from another party and that information indicates that they have been invited to participate in error, the party that received the information is to notify the VSA immediately and destroy any documents, records or correspondence that it has received through the ODR.
Jurisdiction
The ODR cannot be used to resolve disputes that relate to whether a vehicle was suitable for transportation at the time of sale, a consigned vehicle, allegations of fraud or other violations of the Criminal Code of Canada or with respect to a consumer’s capacity to enter into a binding purchase agreement.
Abusive Behaviour
By participating in the ODR, the parties agree to refrain from engaging in any form of abusive, offensive, threatening or racist behaviour. Any party who has been subjected to such behaviour is encouraged to report this to the VSA. Where such behaviour is found to have occurred, the VSA may prohibit the offending party from further participation in the ODR.
Where the offending party is a licensee, the VSA reserves the right to investigate such behaviour as a potential violation of the Motor Dealer Code of Conduct.
Ownership and Licensing
The ODR and all of its included information, documents, resources, tools and other materials (“the Materials”) are owned by the VSA and are protected by copyright, trademark, official mark and other laws. Except as expressly permitted in these Terms of Use, you must not reproduce or distribute, or permit or authorize any other person or entity to use, reproduce or distribute, any of the Materials in any form without the prior written consent of the VSA.
Personal Information and Privacy Protection
The VSA collects and stores information provided by users for the purpose of creating an ODR account. The VSA does not distribute users’ personal information while using the ODR.
By participating in the ODR, users expressly permit the VSA to contact them by email, telephone or letter for purposes related to (i) the issue is outside of the disputes suitable for ODR, or (ii) there is a report of abusive behaviour.
Reproduction and Copyright
The VSA reserves all intellectual property rights pertaining to the ODR, including its name and logo which are the VSA’s registered official marks. The intellectual property may not be copied, printed or otherwise used without prior written authorization from VSA.
Permitted Uses
You agree not to use the ODR for any purpose other than your own personal use. You agree to use the ODR only for lawful purposes.
Accuracy of the Materials
Users who use, copy, print or use the Materials for any of the permitted uses are responsible for confirming whether the Materials have been updated or amended by the VSA.
Disclaimer and Limitation of Liability
You expressly acknowledge and agree that your use of the ODR is at your own risk and that neither the VSA nor any of its employees or agents shall be liable to you for any damages or loss of any kind whatsoever arising out of, or in any connection with, your use of the ODR.
You agree to indemnify and hold the VSA harmless from and against all claims, demands, loss, liability, damages and expense (including legal fees and disbursements) including actions for infringement of copyright, any third party claim inconsistent with your representations and warranties or otherwise in connection with your use of the ODR.
The VSA does not represent or warrant that: a) your use of the ODR will be timely, uninterrupted or error free; b) any errors in the ODR will be corrected; or c) the ODR will meet your expectations and requirements.
The VSA does not accept any obligations to provide user support of any kind with respect to the ODR, including any technical problems relating to accessing the ODR and/or any errors, inaccuracies, or other shortcomings of the ODR.
No Legal Advice
The ODR and any results, including agreements between parties, flowing from use of the ODR in no way constitutes legal advice. Although the ODR may provide information concerning potential legal issues, it is not a substitute for legal advice from a qualified lawyer. Users should not rely on the ODR as a source of legal advice. Users who decide to seek legal advice from a qualified lawyer have the sole responsibility for doing so. Use of the ODR does not create any solicitor-client relationship between Users and the VSA or its employees.
Applicable Law
Use of the ODR and these Terms of Use are governed by the federal and provincial legislation in force in the Province of British Columbia, Canada. Any legal action against the VSA with regards to use of the ODR shall be brought exclusively before the courts of the Province of British Columbia.
Contact the VSA
If you have any questions about the ODR or these Terms of Use, please contact the VSA by e-mail at consumer.services@vsabc.ca or by telephone at 604-575-7255.