Conditions of Use
Welcome to the website of Apple Auto Glass®, a division of Belron Canada Incorporated, having a place of business at 8288 Pie-IX Blvd. Montreal, Quebec, H1Z 3T6 ("Apple Auto Glass®"). This website is hosted by Belron Canada Inc. This website can be found at appleautoglass.ca or any alternative address (hereafter, the "website"). You will find below the terms and conditions of use for this website (I) and the general conditions of sale and repair (II) that apply to the repair or replacement of vehicle windows by Apple Auto Glass® at its service centres. I - TERMS AND CONDITIONS OF USE This section explains the terms and conditions of use (the "terms") under which any individual ("you") may use this website. Please read these terms carefully. 1. Acceptance of terms and conditions of use If you decide to visit this website for any reason, these terms shall automatically apply to your use of the website. You therefore agree to consult them before using the website. If you do not wish to be bound by these terms, please do not visit this website. If you use all or part of this website, you are considered to have read and accepted these terms. 2. Description of this website – Request for appointment This website provides information about the methods Apple Auto Glass® uses to repair and replace the glass in your vehicle and, in general, about the services offered by Apple Auto Glass®. You can browse this website to find information on the repair or replacement of your windshield, side windows or rear windshield without necessarily making an appointment with Apple Auto Glass® for repairs or replacement. You may contact each Apple Auto Glass® franchise location directly and make an appointment if you decide to have your auto glass repaired or replaced by Apple Auto Glass®. If you can provide some details on the extent of the breakage (impact, crack, etc.) and its exact location, Apple Auto Glass® can help you determine if you can have the glass repaired or you need to replace it. You can request an appointment based on your ability to reach an Apple Auto Glass® location and get an available time slots. If you are not sure that your vehicle glass needs to be repaired or replaced, you can ask an Apple Auto Glass® advisor to call you back at a number you supplied him. One of our authorized franchisee representatives can help you determine what needs to be done to repair the damage. The information transmitted at this point by Apple Auto Glass®, either on this website or by one of our authorized franchisee representatives, is based on the answers that you provide to certain questions. This information may not be entirely accurate, so you should understand that it is provided as general information only and has no contractual significance. Only the work order for repairs written up by an Apple Auto Glass® technician, after examining the vehicle and before undertaking the work, is binding on Apple Auto Glass® franchisees. This website only allows you to find the nearest Apple Auto Glass® location and request an appointment with an Apple Auto Glass® technician to repair or replace your vehicle glass. The information on this website should, in no way, be considered instructions on how to repair or replace your vehicle glass by yourself. The general terms and conditions for repairs that appear below are for general information purposes only and are not intended to govern your use of this website. They do apply, however, to all repairs and replacements done by Apple Auto Glass® franchise locations. 4. Estimate When you call our authorized franchisee representative, you will be given a free detailed estimate of the work to be done on your vehicle, on the condition that you provide all the necessary information to establish the estimate. Apple Auto Glass® will not be bound by this estimate in the event of an error or omission concerning the features or condition of the vehicle. 5. Insurance If your insurance policy includes coverage for broken vehicle glass, the work done by Apple Auto Glass® will usually be covered by your insurance. You may only have to pay the deductible, if any, indicated in your policy, plus any related fees (such as travel costs and night, Sunday or holiday service) or the cost of accessories (wipers, bulb covers, headlights, etc.) that are not covered by your insurance. We strongly advise that you check the details of your insurance policy to determine the extent of your broken vehicle glass coverage and the terms of payment. Calculation of the estimate described in paragraph 4 of these terms will be based on your insurance policy. Also, if you plan to have the work paid by your insurance, you will have to provide us with complete and accurate information about your insurance policy. 6. Access to service You are, and will remain, responsible for the manner and consequences of accessing this website. This access may involve payment of fees to technical service providers, such as internet service providers. These fees are your responsibility. In addition, you are, and remain, fully responsible for the provision and use of the equipment you need to connect to this website. 7. Transmission of information If you transmit information to Apple Auto Glass®, you are responsible for its content and accuracy. You agree to provide full, accurate, up-to-date information to allow Apple Auto Glass® to provide you with the best service. In addition, you are fully responsible for any consequences related to the provision of erroneous information about you, your insurance, your vehicle or your broken vehicle glass. 8. Intellectual property and user license for this website All the features available to you on this website, including but not limited to data, information, texts, documents, animated and still images, presentations, legends, graphics, photographs, videos, logos, distinctive signs, drawings, models, software programs and brands (the "features"), are the exclusive property of Apple Auto Glass® or its licensors and are protected by the Copyright Act and other Canadian laws, foreign laws and international treaties governing copyright and intellectual property. All rights related to intellectual or industrial property, brands, domain names and other distinctive signs on this website are the property of Apple Auto Glass® or their respective owners who have authorized Apple Auto Glass® to use them, and any unauthorized use or exploitation of them is at your sole risk. Apple Auto Glass® and its logotype are registered trademarks of Belron Canada Incorporated and/or affiliated company. You may use this website or the features it contains for strictly personal, non-commercial purposes, on the condition that the rights of Apple Auto Glass® are respected. The license granted accordingly by Apple Auto Glass® is non-exclusive, non-assignable and non-transferable. You agree not to undertake any scheme or action infringing on this limited license granted to you by Apple Auto Glass®. These terms and conditions of use can in no way be interpreted as conferring any property rights on you or any third party. All rights not expressly granted herein remain the exclusive property of Apple Auto Glass®. None of this website's features may be modified, reproduced, copied, duplicated, sold, resold, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any way, in whole or in part, with or without consideration, by you or by a third party, by any means or methods whatsoever, whether known or unknown at present, without explicit prior permission in writing from Apple Auto Glass®. 9. Unauthorized use of this website You may not use this website or the Appointment Service to: Undertake any type of commercial activity without prior permission in writing from Apple Auto Glass® Modify, pirate, adapt or otherwise change this website or any other website to falsely suggest it is associated with this website Obscure, mask, alter or otherwise change the intellectual property notices, titles or other information published on this website Collect, use, process or store personal data Undertake commercial activities or sales such as competitions, exchanges, sweepstakes or advertising without prior permission in writing from Apple Auto Glass® Disrupt or excessively overload the Appointment Service and the website, or the networks, servers or services connected to the service Impersonate or try to impersonate a third party Fail to uphold any procedure, legal or administrative writ, or regulations that are applicable to the networks connected to this website Commit any act that violates laws or bylaws currently in effect Break any applicable laws in any other manner 10. Hyperlinks on this website The hyperlinks on this website lead to third-party sites that are not published by Apple Auto Glass®. They are provided strictly for your convenience, to help you make use of the resources available on the internet. If you use these links, you will leave this website, and you agree to use third-party sites at your own risk and, if applicable, in accordance with their own terms and conditions. You acknowledge that Apple Auto Glass® neither controls nor contributes in any way to the development of the content or any other aspect of any or all of these third-party websites. Consequently, Apple Auto Glass® cannot be held liable, in any way, due to these hyperlinks. Furthermore, you acknowledge that Apple Auto Glass® cannot represent, warrant or take charge of any or all of the content or aspects of any or all of these third-party websites. 11. Hyperlinks to this website You may not use or insert a hyperlink to this website without the prior written consent of Apple Auto Glass®, and then only on the condition that the hyperlink leads to this website's homepage without duplicating the homepage or any other page of this website. You may not: Insert a hyperlink to this website from a site of which you are not the publisher Suppress, change or alter, in any manner whatsoever, the size or appearance of the logos or other distinctive signs of Apple Auto Glass® Create a window, frame or other browser around this website Insinuate in any way that Apple Auto Glass® warrants or guarantees the products or services available on this website Mislead a user or third party or create confusion concerning your relationship with Apple Auto Glass® or present false, misleading, denigrating or untrue information about Apple Auto Glass® Use the trademarks, logos or other distinctive signs of Apple Auto Glass® without the explicit prior written consent of Apple Auto Glass® Include on your website any items that are defamatory, offensive, insulting or that violate applicable laws concerning printed matter, or items that violate any third party or human rights or that contravene applicable laws or regulations in any way Apple Auto Glass® expressly reserves the right to revoke the permission granted in this section and take all appropriate measures in the event of a failure to comply with this section's provisions. You will be held liable for any damages related to or resulting from such non-compliance. 12. Warranty – Liability of Apple Auto Glass® Apple Auto Glass®, in no way, guarantees that access to this website will be uninterrupted, easy, reliable, correct, full, satisfactory, error-free or fast. Likewise, Apple Auto Glass®, in no way, guarantees the longevity or stability of this website. Nor does Apple Auto Glass® guarantee that the information on this website will meet your personal needs or be reliable, uninterrupted or error-free. Apple Auto Glass® makes every effort to communicate information, procedures, methods and other data that are reliable, up-to-date and accurate, taking all necessary measures to modify or update this information in a timely fashion. However, Apple Auto Glass® cannot guarantee that all of the information and content currently on this website are wholly reliable, accurate or up-to-date. The information on this website has no contractual or official value. Consequently, you acknowledge that you are using this information at your own risk. Apple Auto Glass® does not guarantee the security of exchanges through electronic communication and is, in no way, liable for damages resulting from your use of the network or from threats such as viruses, bugs, malicious code, Trojan horses, logic bombs, worms and other anomalies that may occur on the internet. Apple Auto Glass® cannot be held liable for any indirect damages or loss of profits, revenue, business, data, customers, time, damage to goods or equipment, or cost of replacement goods or services that may result from accessing or the inability to access this website, in whole or in part, or from the use of or inability to use the information or any other feature of this website. 13. Personal data To facilitate your navigation on this website, Apple Auto Glass® uses session cookies. These cookies are cached in your computer memory and keep track of your personal data while you are on the website. This information is erased when you leave the website. However, Apple Auto Glass® may use session cookies to obtain anonymous information about your use of the website to optimize the navigation of the website. A pop-up will inform you about the information collected by the cookies on this website, the purpose of the collection, the recipients of the data and your access rights. This window allows you to deactivate the cookies and clearly explains the step-by-step instructions for the browser you are using (Mozilla, Internet Explorer, etc.). Finally, the collection and processing of your personal information and the recording of your telephone conversations with our customer service representatives will be governed by our Charter of Personal Privacy, available on this website under "Privacy," which forms an integral part of these terms and conditions of use. 14. Changes to this website and the terms Apple Auto Glass® reserves the right to modify, at any time and without prior notice, the content of this website or the services available on the site, or to temporarily or permanently cease operation of all or part of the website or its services. Furthermore, Apple Auto Glass® reserves the right to modify, at any time and without prior notice, the internet location of this website and its terms and conditions of use. We therefore advise you to always consult these terms before using this website. You acknowledge that Apple Auto Glass® cannot be held responsible in any way to you or a third party as a result of these modifications, suspensions or cessations. 15. Applicable laws and competent jurisdiction These terms shall be governed and construed in accordance with the laws of the Province of Ontario. Any disputes related to or resulting from the validity, execution, interpretation or form of these terms shall be subject to the exclusive jurisdiction of the court of competent jurisdiction of the Province of Ontario. 16. Contact For more information or questions concerning these terms, please email us at firstname.lastname@example.org. Updated June 12, 2014 II - GENERAL TERMS AND CONDITIONS OF SALE AND REPAIR 1. General 1.1 These general terms and conditions apply to the sale of all products (the "products") and all services (the "services") offered by Apple Auto Glass®. 1.2 Unless otherwise agreed, any order for a product or service implies the customer's full and entire adherence to these general terms and conditions. 1.3 The execution of all work is subject to prior signature of the estimate. This contractual document lists the work to be performed and, if applicable, the existing defects on the vehicle at the time it was handed over to Apple Auto Glass®. 2. Relation with insurance The invoice issued by Apple Auto Glass® functions as a subrogation in its favour granted by the insured customer for direct payment by the insurer. It also functions as a notice of loss by the insured customer to the insurer. Apple Auto Glass® remains a third party in the contractual relationship between the customer and the insurer. As such, it is not authorized to advise the customer on the notice of loss, for which the customer is wholly responsible. The customer is encouraged to approach the insurer concerning any questions about the insurance policy. 3. Estimate The customer may obtain, free of charge, by telephone, a detailed estimate of the services required for the vehicle. Apple Auto Glass® shall not be bound by this estimate in the event of errors or omissions on the part of the customer concerning the features or condition of the vehicle. 4. Price 4.1 Except in estimates issued by Apple Auto Glass®, prices are based on rates in effect at the time the vehicle is brought in for service. If, during the course of the repairs, additional services are deemed necessary, Apple Auto Glass® will immediately inform the customer to obtain his or her consent before completing the repairs. The customer will likewise be informed if the time quoted for repairs must be changed due to the vehicle's specific features. 4.2 Unless otherwise agreed, the products and services are payable in cash, upon delivery of the products or when the customer collects the vehicle, as appropriate. The customer can only collect the vehicle after full payment of all amounts due, in principal and incidentals, to Apple Auto Glass®. 5. Terms of service – Risks 5.1 Apple Auto Glass® reserves the right to refuse to carry out any work that cannot be executed in accordance with the customs of the trade. 5.2 As plastic does not provide protection against the weather and flying gravel, the customer is encouraged to replace any broken vehicle glass as quickly as possible. 5.3 Unless otherwise agreed, the transfer of risk occurs when the keys to the vehicle are exchanged. However, Apple Auto Glass® declines all responsibility for the loss, deterioration or theft of objects in the vehicle or the vehicle itself, with the exclusion of the equipment and accessories incorporated into the vehicle and objects left by the customer at the customer service desk of the service centre. 6. Claims 6.1 It is up to the customer to verify that the appropriate services were received before accepting possession of the vehicle at the service centre. 6.2 All claims must be made to Customer Service at 1-800 267 6105 or the following address: Apple Auto Glass® – Customer Service, 7111 Kennedy Road, Unit 4, Mississauga, Ontario, L5S 0A4. 7. Reclaiming possession of the vehicle 7.1 Unless otherwise agreed, the vehicle must be collected by the customer at the time indicated on the estimate or, at the latest, at the service centre's closing time on that day. Otherwise, Apple Auto Glass® may park the vehicle outside the service centre at the customer's sole risk. The transfer of risk shall be deemed to take place at the service centre's closing time on the day agreed, and Apple Auto Glass® will not incur any liability in the event of any theft or damage suffered by the vehicle. Furthermore, after 48 hours, Apple Auto Glass® may ask the authorities to impound the vehicle at the customer's risk and expense. 8. Reservation of ownership The transfer of ownership of the products shall occur upon full payment of the sales price and, if applicable, any incidentals and interest. In the absence of timely payment, Apple Auto Glass® may reclaim the products at the customer's risk and expense and, except in the case of a customer considered under the law to fall under the consumer protection law regime, any prior payments will be kept by Apple Auto Glass® by way of penalty. 9. Warranty – Liability 9.1 Service warranty: 10.1.1 Repairs and replacements carried out by Apple Auto Glass® are guaranteed for life against defects resulting from a defective seal, poorly attached hubcap, leak, whistling or crack resulting from a repaired impact, during or after the provision of service. This warranty can only be activated by the presentation of the invoice for the contested service or the attestation of warranty issued by Apple Auto Glass® and shall otherwise be declared ineligible. 9.1.2 The warranty is excepted: If Apple Auto Glass® is not the supplier of the product On industrial/public works vehicles, campers, trams, boats, trains, farm vehicles and any vehicles that have been modified for use other than their originally intended use In the event of wear, corrosion or aging of the materials If the alleged defect results from an act or omission of the customer (including, among other things, failure to maintain, modification or unusual use) or of a third party (including, among other things, a repair or subsequent service by a third party), an accident or any cause unrelated to the replacement or repair service. 9.1.3 The warranty thus granted is strictly limited to: A new installation or repair free of charge by Apple Auto Glass® If applicable, the replacement of products damaged through defective installation or repair. 9.1.4 In all cases, Apple Auto Glass® reserves the option, especially in the event of the unavailability of a product, to limit the warranty to the reimbursement of the installation and the product damaged through defective installation or repair, to the exclusion of any other compensation. Such reimbursement shall be based on the price of the services or damaged products on the invoice initially issued by Apple Auto Glass®. 9.2 Product warranty 9.2.1 Products are guaranteed for one year from the time of delivery against all manufacturing defects reported in writing to Apple Auto Glass®. No warranty shall be granted for normal use or corrosion, abnormal use of the products, deterioration resulting from an accident, negligence, failure to upkeep or maintain, caused by a third party or, more generally, resulting from an event beyond the control of Apple Auto Glass®. 9.2.2 This warranty is strictly limited, at the sole discretion of Apple Auto Glass®, to the replacement or reimbursement of the product recognized as defective, within the limit of the amount actually paid to Apple Auto Glass® for this product. This compensation is exclusive of any other compensation whatsoever. 9.3 Insofar as the sale of the products is subject to the provisions of the Consumer Protection Act either in view of its object or the status of the customer. It is further stipulated that these provisions cannot deprive the customer of the legal guarantees provided for under this Act. 10. Protection of personal data Personal data received from the customer is required to provide services, issue invoices and, if applicable, have costs covered by the customer's vehicle glass insurance. This information (except for bank card numbers) is processed by computer and transmitted to the appropriate Apple Auto Glass® franchisee location. The customer agrees for this data to be used and kept by Apple Auto Glass® and its service providers and subcontractors for administrative purposes, in order to generate statistical reports, conduct satisfaction surveys for the purpose of improving the quality of its services, and carry out marketing operations. To the extent permitted by law, the customer has the right to access and correct his or her personal data. This right can be exercised by contacting customer service at the number or address listed above. 11. Trusts and jurisdiction In the event that a dispute cannot be amicably resolved, the dispute will be submitted exclusively to the court of competent jurisdiction in the District of Ontario, Province of Ontario. However, if the customer is a consumer who is not acting in a professional capacity, the rules of legal competency shall apply.