WHIP BAY INC. TERMS AND CONDITIONS (TERMS)
I. GENERAL SCOPE AND OBJECT OF THE AGREEMENT
Welcome to WHIP Bay! These Terms and Conditions ("Terms") govern your use of the WHIP Bay (the
“Company”) website www.whipbay.ca and services (collectively, the "Service"). Please read these Terms
carefully before accessing or using our Service. By accessing or using the Service, you agree to be
bound by these Terms. If you do not agree to these Terms, please do not use the Service.
For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at
www.whipbay.ca.
“Service” refers to the Company’s services accessed via the Site, in which users can submit vehicle data
to view personal analytics as well as aggregated, anonymous analytics of other users.
The terms “we,” “us,” and “our” refer to the Company.
“You” refers to you, as a user of our Site or our Service.
WHIP Bay Inc. has the right to modify or to adapt these Terms at any time and without prior notice. These
Terms are directly applicable as soon as they are published on our website and/or sent to you by any
means.
The Service is intended for private use by automotive dealerships and is not intended for public use. If
you do not have an active dealer license then you must not use our Services. By registering as a user of
our Service, you are acknowledging to us that you have all the necessary legal rights and permissions to
register on behalf of the dealership/organization you are claiming to represent and inherit full
responsibility otherwise. You shall not impersonate anyone else or fake identification details in order to
register for our Services.
You are not entitled to use our Services for any illegal or unauthorized purposes.
You must not try to hack, alter the use or functions of our Services, send viruses or try to lead any other
kind of attack towards our services. You must not attempt at our Services' integrity either.
II. CONTENT AND INTELLECTUAL PROPERTY
The content provided by our Service might be accessible for free for a limited duration through a trial
period or promotional offer. Access to content requires to be logged in and/or to have a valid paid
subscription.
Please refer to the article IV. « REGISTRATION PROCESS » to know how to access our Services.
The contents of our Services are intended for use in business or professional settings. This means that
the materials, tools, and data provided through our Service should be used to support and enhance your
business activities, such as analyzing vehicle data, optimizing inventory, or improving dealership
operations. The Service is not intended for personal, non-commercial use. All materials available on our
Services are protected by copyrights and/or intellectual property rights.
In addition to that some content might be protected by some other rights such as trademarks, patents,
trade secrets, database rights, sui generis rights and other intellectual or proprietary rights.
Terms and Conditions
The user of our Services is not allowed to reproduce totally or partially any content that is made available
through our Services. The user will also not reproduce any of our logo, name, visual identity and so on.
The user is prohibited from reproducing, copying or producing a mere copy of our Services.
III. SUBSCRIPTION, PAYMENT, CANCELLATION AND REFERRALS PROGRAM
You will need to provide your payment credentials after filling out the registration form and accepting
these Terms and Conditions.
The day your register is the start of your billing period.
The applicable monthly recurring subscription fee and payment methods will be shown during the
registration process. We reserve the right to modify fees at any time. If you do not agree with the price
change you can stop using our Services at any time before renewal payment occurs.
To cancel your subscription, navigate to the Account page and select Cancel. Alternatively, you can use
the Contact button on the Account page to message us, or send us an email at admin@whipbay.ca.
Cancellation requests must be received at least 24 hours before the next billing cycle to avoid being
charged for the following month. This cancellation will occur at the end of your current billing period. You
will not receive a refund for the current billing cycle. Users will continue to have the same access and
benefits for the remainder of the current billing period.
Any changes in taxes will be directly applicable to the abonnements.
We offer a one-time use referral code for dealers. When a referral code is used, both the referrer and the
new user receive a discount on our service. Specifics of the referral discount will be detailed on the Site.
Abuse of the referral program may result in account termination and forfeiture of discounts.
IV. REGISTRATION PROCESS
The Service requires the user to first register an account, then be approved by our admin team before
access to the Service becomes available.
The user must complete the registration form (including payment credentials) available through
www.whipbay.ca. All required contact information the user must provide is deemed necessary for proper
identification and access of our Service.
Each registration is intended for one user only. Users agree to keep their credentials confidential and
secure. You are prohibited from sharing your credentials or your account with anyone.
WHIP Bay Inc. will not be held liable or responsible for any unauthorized use, modification or access on
the user’s account.
We may cancel or suspend your access to our Services if you share your credentials.
Please notify us immediately at admin@whipbay.ca if you think that your credentials are compromised.
V. WARRANTIES AND LIABILITIES
Terms and Conditions
All statistical content is provided by subscribers to our Service. The content provided by the Service is
provided to the user «as it is» and «as available». We cannot guarantee that the content provided will be
exact, true, timely, uninterrupted or error-free. We will not be held responsible if any content on our
Services is inaccurate or mistaken. The user accesses our content at their own risks.
WHIP Bay Inc. reserves the right to modify and/or delete any content on our services without prior notice,
as well as, no obligation to update any content available on our services.
VI. PRIVACY AND DATA COLLECTION
WHIP Bay Inc. is committed to protecting your privacy and personal information. All of your banking
details, credit card details and other payment methods are never stored on our website. We use «Stripe,
Inc» as a third party service to ensure payment is made safely and your Card details will be encrypted to
minimize the possibility of unauthorized access or disclosure.
By submitting data to the Service, users acknowledge they are authorized to submit on behalf of the
dealership they represent and grant explicit consent for their data to be used in the aggregated statistics
and visualizations provided to all users of the Site.
Please refer to our Privacy Policy for more information on how we collect, use, and disclose your data.
VII. CONTENT MODERATION
You shall not submit any content that is abusive, obscene, pornographic, illegal or any information that
falsely represents the true details of the submission.
WHIP Bay Inc. has the right to modify, censor and delete a user’s content or account if any of the rules
above are violated. This will be done without any prior justification or notice. The user will not receive any
compensation.
VIII. INDEMNIFICATION
You as a user of the Service agree to indemnify, defend and hold us harmless from any claim or demand,
this includes attorney’s fees made by any third-party due to your breach of these Terms or any other
document that is binding between you and WHIP Bay Inc.
VIIII. SEVERABILITY
If any part, article or document of these Terms or of any other binding document between you and WHIP
Bay Inc. is determined by a competent jurisdiction to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these Terms. Such determination will not
affect the validity and enforceability of any other remaining provisions.
X. TERMINATION
All of the obligations and liabilities of the parties that occurred before the termination date shall survive the
termination of this agreement.
Terms and Conditions
These Terms are effective unless terminated either by WHIP Bay Inc. or by the user through law.
Whip Bay Inc. can terminate this agreement at its sole discretion at any time and without prior notice. The
user will hence remain liable for any remaining amounts due to our company.
XI. CONTACT US
If you have any questions regarding these Terms and Conditions you can contact us directly at
admin@whipbay.ca
Last Updated: May 24, 2024
Terms and Conditions
