TERMS AND CONDITIONS (TERMS OF USE)
Effective Date: Aug 22, 2025
Welcome to CarCompass.com (the “Website”), operated by Birkdale Creations Ltd. (“Company,” “we,” “us,” or “our”). These Terms and Conditions (the “Terms”) govern your access to and use of the Website and any services, features, or content provided through it (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
CarCompass is a decisioning and research tool. We do not sell vehicles or provide financial, legal, or professional advice.
1) Eligibility & Account Registration
1.1 Eligibility. You must be at least 13 years old (or the age required by local law) to use the Services.
1.2 Account. Certain features (e.g., saving favorites, garage vehicles, or comparisons) require an account. You agree to provide accurate information, keep credentials confidential, and promptly update any changes.
1.3 Responsibility. You are responsible for all activity under your account. Notify us immediately of suspected unauthorized use.
2) Permitted Use & Prohibited Conduct
2.1 Personal, non-commercial use. You may use the Services solely for personal, non-commercial purposes and in compliance with these Terms and applicable law.
2.2 You must not:
(a) scrape, harvest, crawl, or use automated means to access the Services or data (except standard search engine indexing);
(b) copy, reproduce, mirror, or republish content, data, or code without our written permission;
(c) reverse engineer, decompile, or attempt to derive source code;
(d) interfere with or disrupt the Services (e.g., overloading, spamming, malware);
(e) upload or link to harmful or unlawful content;
(f) use the Services for competitive analysis or to build a competing product;
(g) infringe third-party rights or violate any law, regulation, or order.
3) User Content & Community
3.1 Your Content. If you post or submit content (e.g., community posts, messages, notes) you retain ownership and grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, display, reproduce, modify (for formatting), and distribute your content solely to operate, improve, and promote the Services.
3.2 Representations. You represent you have all rights necessary to grant the above license and that your content complies with these Terms and applicable law.
3.3 Moderation. We may remove or restrict content or accounts at our discretion (e.g., for spam, illegal, or abusive behavior).
4) Intellectual Property
4.1 Ours. The Services, including text, graphics, logos, software, and design (“Company Content”), are owned by Company or its licensors and are protected by intellectual-property laws. Except for limited rights expressly granted, we reserve all rights.
4.2 Third-party data. Vehicle specifications, images, and ratings may be licensed from third parties (e.g., ChromeData/J.D. Power). Such content is provided under their terms and may not be reproduced or reused without permission.
4.3 Trademarks. “CarCompass” and associated marks are trademarks of Company. Other names and marks are the property of their respective owners.
5) Third-Party Links, Partners & Referrals
5.1 Links & partners. The Services may link to or integrate with third-party sites, services, or offers (e.g., publishers, dealerships, affiliates, referral partners, advertising networks). We are not responsible for third-party content, policies, or practices. Your interactions are governed by those parties’ terms and privacy policies.
5.2 No brokerage. We do not broker, sell, or negotiate vehicle transactions. Any purchases or agreements you enter into are solely between you and the third party.
6) Disclaimers
6.1 Informational only. The Services and all information (including vehicle data) are provided “as is” and “as available.” CarCompass does not warrant accuracy, completeness, timeliness, availability, or suitability for any purpose. Always verify specifications, features, and terms directly with the manufacturer or seller.
6.2 No professional advice. We do not provide automotive, financial, legal, or tax advice.
6.3 Data sources. Some data is from third parties and may change without notice; we do not control or guarantee such data or external content.
7) Limitation of Liability
To the maximum extent permitted by law, Company, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services—even if advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or relating to the Services shall not exceed the greater of (a) CAD $100 or (b) the amount you paid us (if any) in the 12 months before the claim. Some jurisdictions do not allow certain limitations; in those cases, the limitation shall apply to the fullest extent permitted.
8) Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your use or misuse of the Services; (b) your content; (c) your violation of these Terms or applicable law; or (d) your violation of third-party rights.
9) Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect information. By using the Services, you consent to our data practices described there. We do not sell personal information; as disclosed in the Privacy Policy, we may “share” certain data for advertising as defined by CPRA, with opt-out options.
10) Changes to the Services or Terms
We may modify or discontinue portions of the Services at any time. We may update these Terms from time to time; the Effective Date above reflects the latest version. Material changes will be posted on the Website and/or sent to account holders. Continued use after changes means you accept the updated Terms.
11) Suspension & Termination
We may suspend or terminate your access (with or without notice) if we believe you violated these Terms, pose a risk, or for any business reason. Upon termination, sections that by their nature should survive (e.g., IP, disclaimers, limitations, indemnity, governing law) will survive.
12) Governing Law; Arbitration; Class Action Waiver
12.1 Governing law. These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict-of-laws principles.
12.2 Arbitration. Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration in Ontario under the Arbitration Act, 1991. The language shall be English. Each party bears its own costs and shares arbitrator fees equally, unless the arbitrator decides otherwise.
12.3 Class Action Waiver. You and Company agree that any proceedings shall be conducted only on an individual basis, and not in a class, consolidated, or representative action.
12.4 Injunctive relief. Notwithstanding the above, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect IP or confidential information.
12.5 30-day opt-out. If you do not wish to be bound by arbitration/class waiver, email contact@carcompass.com within 30 days of first accepting these Terms, stating your name, account email, and a clear request to opt out.
13) Feedback & Beta Features
13.1 Feedback. If you provide ideas or suggestions, you grant us a perpetual, worldwide, royalty-free license to use them without restriction or compensation.
13.2 Betas. We may offer beta or experimental features “as is,” which may be modified or discontinued at any time.
14) Miscellaneous
14.1 Severability. If any provision is found unenforceable, the remainder remains in full force and effect.
14.2 Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale.
14.3 Entire agreement. These Terms, plus referenced policies (e.g., Privacy Policy), are the entire agreement between you and us regarding the Services and supersede prior understandings.
14.4 No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
14.5 Electronic communications. You consent to receive notices and communications electronically (e.g., via the Website or email).
15) Contact Us
Questions about these Terms: contact@carcompass.com
Privacy requests: contact@carcompass.com
Support: contact@carcompass.com
Mailing address (operator): Birkdale Creations Ltd.,200-1920 Yonge St, Toronto, Ontario, M4S3E2
By using CarCompass.com, you acknowledge that you have read, understood, and agree to be bound by these Terms.
