Terms and Conditions - Website
Table of Contents
Terms and Conditions - Website
1.1 Hello there! We are Taiga Motors Inc. (“Taiga”, “we”, “us” or “our”). We maintain the website https://taigamotors.com (the “Website”). These terms and conditions are an agreement between you and us and are applicable for as long as you are using our Website, and enter into force at the earliest of the moment at which you (1) accept these Terms and Conditions; (2) use and access our Website, or (3) the earliest moment which is recognized by the applicable laws where you are located.
1.2 Your access and use of the Website and the messages, information, data, text, graphics, images, photographs, illustrations, software or other content available through the Website (collectively, the “Content”) is subject to these terms and conditions (“Terms and Conditions”) and all applicable laws. By entering into these Terms and Conditions, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree to abide by the Terms and Conditions, please immediately refrain from accessing or using the Website and its Content and delete any Content downloaded from the Website.
1.3 If you have questions about any of these Terms and Conditions, please contact us at:
Taiga Motors Inc.
480 Lafleur Avenue, Lasalle, QC H8R 3H9, Canada
2. DISCLAIMERS AND LIMITATION OF LIABILITY.
2.1 While Taiga strives to include up to date and accurate information on the Website, the Website and the Content, to the maximum extent permitted by applicable law, are provided on an “AS IS” and as available basis, and any access to, use of, modification to or reliance on the Website and the Content shall be at your sole risk. Taiga and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“Taiga Representatives”) in no way warrant the accuracy of such information, nor do Taiga or Taiga Representatives assume any liability or responsibility for any errors or omissions contained on the Website, as Taiga and Taiga Representatives cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to the Website or Content, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Website or Content will meet your (or your organization or company’s) requirements or will be compatible with your or your organization or company’s) computer or related equipment or software; (iii) that the Website or Content is accurate, valid, reliable, authentic, current, or complete; (iv) that the Website will continue to operate, operate without interruptions or be error-free; or (v) that your browsing of materials displayed on the Website will not infringe rights of third parties not owned by Taiga.
Claims made with respect to our products are made in good faith and based on all reasonable information available to Taiga at the time of testing. These claims are not, however, indicative of performance and specifications of our products altogether. The metrics we present (such as weight, range, speed, acceleration and battery life) depend on several variables such as the environment, terrain, weather conditions, as well as local regulations and the final build of the ordered product. We make performance claims on an informational purpose only and disclaim that our products will meet these standards in any and all circumstances.
2.2 Your browsing of the Website is done at your own risk. Neither Taiga nor any other party (including Taiga Representatives) involved in creating, producing, or delivering the Website shall be liable for any loss or damage whatsoever (including direct, incidental, consequential, indirect, exemplary, special, or punitive damages) arising out of, or in connection to, your access to, or use of, or any inconvenience, delay of access or use to, the Website, the Content, the User Modifications, any content of any linked Website, or failure of such sites (including damages suffered as a result of omissions or inaccuracies in such Website or content, or the transmission of confidential or sensitive information to or from such sites), even if Taiga or Taiga Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.
3. CHANGES TO THE WEBSITE.
3.1 Taiga may at any time revise these Terms and Conditions in the event of changes in applicable law and regulatory requirements, to adapt to new technologies, functionalities, or otherwise based on our legitimate business needs or if there are changes to our business practices. Such notice will be provided through the Website. If you are not happy with those changes, you will be bound by the version of these Terms and Conditions in force at the moment when you give us your consent. If any term, condition or any change to the Terms and Conditions is not acceptable to you, you must discontinue the use of the Website immediately. The Terms and Conditions apply exclusively to your use of the Website and do not alter the terms or conditions of any other agreement you may have with Taiga.
3.2 Taiga may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Website. Taiga reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no duty to do so. Taiga and its service providers will also have the right to terminate your use of the Website as set out below under the heading “Termination of Use”.
4.2 All information you submit via our Website needs to be exact, up-to-date and complete.
4.3 While the Website and Content provide information regarding the products and services offered by Taiga, no part of the Website or Content constitutes an offer for the sale of products or the provision of services. Any sale or provision of Taiga products and services shall be subject to a separate contractual agreement. No contractual terms or conditions communicated by you via the Website shall form part of the contract for the purchase or provision or products and services unless expressly incorporated therein.
5. PERMITTED USES.
5.1 You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to copy, download, display on your computer, print, and use the Content only for informational purposes and solely for: (a) your own personal use; or (b) your organization’s or company’s internal use. Except as provided herein, no other use is permitted. The foregoing shall not be interpreted such as to restrict the use of social media for sharing the Content.
5.2 All rights, titles and interests not expressly granted by the Terms and Conditions are reserved to Taiga.
6. RESTRICTED USES.
6.1 You may use the Website only for fair and lawful purposes and in accordance with applicable law, without malicious intent and without causing any breach of security, including unauthorized access, breach of confidentiality, breach of integrity, or breach of availability (for example, through denial of service attacks).
6.2 You may not, without the written permission of Taiga, “mirror” any Content on any other server.
7. PROPRIETARY CONTENT AND INFORMATION.
7.1 You agree that all Content is protected by copyright (either registered or arising at common law or under the applicable civil law) and owned or controlled by Taiga or its licensors, as applicable. You shall acknowledge the source of any Content used by you in accordance with the Terms and Conditions.
7.2 Any unauthorized copying, redistribution, reproduction or modification of the Website or the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of the Website and the Content and to prevent any unauthorized copying of the Content.
7.3 Certain names, words, titles, phrases, logos, icons, graphics or designs in the Website, including without limitation Taiga, the Taiga logo, constitute trade-marks, trade names, trade dress and/or associated products and services of Taiga, its partners, any licensor, content provider, service provider or contractor of Taiga or any other third party (collectively the “Marks”) and may be protected in Canada or elsewhere and their display on the Website does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part, that are accessible via the Website without prior written authorization of Taiga or such third party, as applicable, is strictly prohibited. You may not register domain names that correspond to the Marks.
7.4 We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify Taiga’s copyright agent, as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Website;
- Information reasonably sufficient to permit Taiga to contact you, such as your address, telephone number, and, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Taiga Motors Inc.
480 Lafleur Avenue, Lasalle, QC H8R 3H9, Canada
8. LINKED WEBSITE AND FRAMING.
8.1 Certain links on the Website may take you to another Website, such as social medias. Taiga provides these links for information purpose only. Taiga is not responsible for the content of any such linked pages. Taiga makes no representation or warranty regarding, and does not endorse or approve, any linked Website, the information appearing thereon or any of the products or services described. Should you leave the Website via a link contained herein, and view content that is not provided by or on behalf of Taiga, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
8.2 You are granted a limited, non-exclusive right to create a hyperlink to the Website. You agree that if you link another Website to the Website, such other Website shall not (a) create frames around any part of the Website or use other techniques that alter the visual presentation of the Website; (b) imply that Taiga is endorsing you or any other person (including your organization or company), or you or such other person’s products or services; (c) without the prior written consent of Taiga, imply an affiliation between you or any other person, or you or such other person’s products or services and Taiga; (d) misrepresent the relationship of you or any other person with Taiga or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about Taiga or any of its products or services; or (e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, or are otherwise in breach of the Terms and Conditions (including Section 6 (Restricted Uses)).
10.1 The Website is hosted on servers residing in Canada and the Website is controlled by Taiga from the Province of Quebec, Canada. By accessing the Website, you agree that this agreement is formed in the Province of Quebec, Canada, and that all matters relating hereto shall be governed by the laws applicable in the Province of Quebec, without regard to the conflicts of laws principals thereof.
(This Section 10.2 is not applicable to Canadian consumers)
10.2 To the maximum extent permitted under applicable law, you and Taiga agree to waive any right to a jury trial, or the right to have any dispute arising from these Terms and Conditions or from your use of the Website resolved in any court, and instead accept the use of binding arbitration. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any question regarding their existence, interpretation, validity, breach or termination or the business relationship created by it, shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Montreal, Quebec, Canada. You and Taiga empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
11. TERMINATION OF USE.
11.1 If you breach any provision of the Terms and Conditions, then you may no longer use the Website or the applicable Content that is made available through the Website. Taiga, in its discretion, shall determine whether the Terms and Conditions have been violated.
Effective November 29, 2022Download
Table of Contents
Taiga Motors Inc.
Attn: Data Protection Officer
480 Lafleur Avenue
Québec H8R 3H9
If you are in a jurisdiction which puts forward the notion of data controller (such as the European Union), we are the data controller of the personal data collected through our Services.
1. WHAT DO WE CONSIDER AS PERSONAL DATA?
3. WHAT TYPE OF PERSONAL DATA DO WE COLLECT, AND WHY?
As part of the Services, we collect the personal data described in the table below. The table also provides you with information on the purpose of our collection and the legal basis for the collection of personal data is identified. Such legal basis may not be applicable in your jurisdiction.
If we process your personal data based on your consent, you can always withdraw such consent by sending an email at email@example.com or through the functionalities that we make available to you.
We collect personal information directly from you. We also use third-party service providers which may request additional information from you. For example, we use Stripe (for vehicle reservations) and Shopify (for merchandise and apparel) as third-party payment processor and as part of their financial compliance activities, they may obtain personal information about you, such as date of birth and government issued IDs.
SITUATIONS WHERE WE COLLECT PERSONAL DATA FROM YOU
EXAMPLES OF PERSONAL DATA
PURPOSES AND EXAMPLES OF USE
Whenever you visit our Website
Internet browser type
Time spent on the Services
Pages that led or referred you to the Website
This data is collected automatically through our Services for them to function effectively, to fix bugs or to improve the security of our Website.
When you communicate with Taiga through the Website or social media.
First and last names
Content of communications
Our Website contains forms to communicate with us, as well as emails and social media accounts which can be used to reach out to us. When you do so, we may ask for identification data such as your first and last names, and we will collect any other information which is included in your inquiry.
When you purchase a Taiga vehicle or require maintenance and repairs
First and last names
Delivery location address
Specifications of the Taiga vehicle (Model, year, serial number, warranty plan)
Other information you shared in the context of these services.
We need to collect certain information to organize the delivery of your vehicle and coordinate maintenance and support operations if you experience issues with your vehicle, want to purchase pieces and accessories, or require warranty work to be performed.
Pursuant to a Sale or Service Agreement
When you use a Taiga vehicle.
Statistical and Performance information about use of the vehicle (such as speed and battery use)
Our vehicles are connected and data is collected when you use them. We collect such data to improve vehicle performance and customer experience, allow Taiga to provide adequate and timely support for the vehicles and drive research and development initiatives. Taiga may be legally compelled to share such data with law enforcement bodies or other third parties (such as insurers). Taiga will inform you about such disclosure if possible.
Location data is only accessed where there is a need-to-know (such as in case of accident, support calls or when you consent to it). Aggregated location data may be used for Taiga’s research and development activities and internal business purposes, including planning purposes (such as the deployment of our charging network)
Pursuant to a Sale Agreement
When you interact with Taiga in order to be a Taiga Service Provider (i.e. third parties that provide certain vehicle-related services).
First and last names
Phone and mobile numbers
Whether you operate your business
If you would like to become a Taiga Service Provider, we will ask that you share specific information about you, such as contact information.
When we send marketing communications.
If you accept to receive our newsletter or marketing communications, we will ask for your opt-in consent and email address.
Please note that you can optout from receiving our marketing communications. You can do so by clicking the “unsubscribe” link at the bottom of the emails you receive from us. You can also contact us directly to do so. Note that unsubscribing applies to newsletters or marketing communications do not prevent us from contacting you for pre-orders or in response to queries or forms you make.
When you attend an event by Taiga or sign up for a demo.
First and last names
Time slot reserved and event information
If you register to one of our events or sign up for a demo, we will collect certain personal information to confirm your attendance, reserve your place, send you reminders and write you in connection with the event or demo (e.g. to obtain feedback on your participation).
Whenever you make a payment transaction on our Website.
First and last names
Country, Zip code
Model and number of units ordered
Payment method, amount of deposit, date of deposit
If you decide to pre-order our products or transact with us for apparel or merchandise, you will have to complete a form and be asked to provide your credit card information to Stripe or Shopify. We use Stripe or Shopify to process your credit card information. Apart from the last 4 digits of your credit card number, we cannot view your credit card information.
Third-party payment solutions providers also use personal information to conduct fraud monitoring, prevention and financial compliance activities.
Performance of an agreement (such as the pre-order agreement or the purchase of merchandise and apparel)
Legitimate interests and compliance with applicable laws
When your purchase items and organize delivery.
First and last names
Country, Zip code
Payment method, amount of purchase, date of transaction
When you purchase apparel or merchandise on our online store, we require you to complete a form on our Website to make an order, arrange payment and shipping details. Once the transaction has been successfully completed, we will receive the confirmation with the date of transaction and the amount.
When you apply for a job posting
Background information about your career and education
Resume and cover letter
Eligibility to work in Canada
From time to time, we have job openings that may be tempting to you! If you decide to apply, we will ask for identification information and background information about your career. We may also contact you for future opportunities if the one you applied for does not work out – you can opt out by letting us know if you do not wish to be contacted for future roles. If your application is retained, we will require additional information to identify you and undertake professional and criminal background checks.
When we connect or interact on social media
Publicly available information on your social media profiles and other personal pages, such as Instagram, Facebook and YouTube, LinkedIn, or Tik Tok.
If you follow us or interact with us on social media, we may process your personal data in order to exchange with you and respond to your inquiries.
If you participate in a contest online, we process your personal data to run the contest.
Consent (for direct messages)
4. WHERE DO WE COLLECT, USE AND DISCLOSE YOUR PERSONAL DATA?
Your personal data may be stored on servers located in a country other than where you reside. Taiga makes efforts to host personal data in Canada. In certain cases, we host personal data in the United States through our use of Amazon Web Services. We also use third party service providers in other countries, and they may process your data in those countries. Those countries may not have the same data protection laws as the country in which you initially provided that information, or of your nationality. Before transferring personal data to third parties, we ensure that adequate safeguards are in place, such as by entering into agreements with such third parties that incorporate standard contractual clauses or other legally acceptable transfer mechanism.
5. HOW DO WE PROTECT YOUR PERSONAL DATA?
We use reasonable organizational, technical, and administrative measures to protect information within our organization.
We use service providers that have appropriate security safeguards in place. For instance, we use Amazon Web Services, which maintains several independent verifications of its security, privacy and compliance control including ISO/IEC 27001:2013, 27017:2015, 27018: 2019, 9001:2015. You can review Amazon Web Services’ safeguards here.
We use Stripe to process payment data for pre-orders. Stripe maintains several security safeguards and is certified as a PCI Level 1 Service Provider. This is the most stringent level of certification available in the payments industry. You can read more about Stripe’s security policies here. We also use Shopify Payments to process payment data for accessories and merchandise sale. Shopify Payments maintains security safeguards and holds PCI-DSS compliance certification. Shopify Payment also undertakes SOC 2 Type II and SOC 3 audits. You can read more about Shopify’s safeguards and consult their compliance reports here.
However, no data transmission or storage system is guaranteed to be 100% secure. You also need to do your part, such as by using secure networks, especially when making a payment.
6. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We retain personal information for as long as necessary to provide you with the Services or as required by applicable laws, whichever is longer.
7. WITH WHICH CATEGORIES OF RECIPIENTS DO WE SHARE PERSONAL DATA?
We do not sell your personal data. We disclose your personal data as required to provide you with the Services. Here are the categories of recipients with whom we share personal information:
|IT Service Providers||We use service providers to provide and host our Services online, as well as to enable other functionalities.|
Analytics and Performance Providers
We use third-party Service providers to monitor and analyze the use of our Services. Notably, we use Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
Social Media Partners
When you interact with our social media accounts, data about you may be shared with the social media providers. When you share our content through the social media handles on our Website, we are joint-controllers with these social media platforms, and they may use your personal data for other purposes, please consult their privacy policies below:
Human Resources Service Providers
Customer Relations Management Providers
Law Enforcement and Other Authorities
We may receive requests from law enforcement or the authorities to access personal data. Whenever permitted by law, we advise our users or clients before responding to such requests. We also validate that the request is legitimate before responding.
Taiga Service Providers and Carriers
Taiga relies on Taiga Service Providers to execute deliveries and provide support to its customers. We will share personal data with them to help them help you better. We will also disclose some of your personal data to the carrier responsible of the delivery of your vehicle to the chosen Taiga Service Provider’s location.
We may disclose your personal data in connection with, or during negotiations of, any merger, sale of assets, financing, or acquisition of all or a portion of our business by another entity or investors. For instance, if we sell our assets, your personal data may be part of such assets.
8. HOW CAN USERS EXERCISE THEIR RIGHTS REGARDING THEIR PERSONAL DATA?
Depending on where you are located, different rights are granted to you so that you can control how we process your personal data. These rights generally include the rights to access and rectify personal data. In certain jurisdictions such as the European Union, additional rights include:
- The right to be informed about how we process your personal data;
- The right to request the erasure of your personal data;
- The right to revoke your consent when our processing is based on your consent;
- The right to object to the processing of your personal data;
- The right to restrict the processing of your personal data;
- The right to have automated decision making reviewed in accordance with the law;
- The right to the portability of your personal data;
Some of these rights may not be applicable, depending on the circumstances and jurisdiction. Typically, your country’s data protection authority has information available online about your rights.
If you reach out to us to exercise your rights, we will respond to you within 30 days of receiving your request, or faster if required by applicable laws. In some cases, we may need additional information to validate your identity. We will only use this information for this purpose. If you do not agree with how we responded to your request, you have the right to lodge a complaint with your local authorities. To consult the list of data protection authorities by country in the European Union, please click here.
If you are located in Canada, the Officer of the Privacy Commissioner of Canada drafted this FAQ to help you access your personal information when it is held by a business. You can also contact the Office of the Privacy Commissioner of Canada’s Information Center:
9:00 am to 4:00 pm EST
Office of the Privacy Commissioner
30 Victoria Street
If you’re not satisfied with how we process your request, you can lodge a complaint with the OPC, by filling out this form.
Table of Contents
Attention: Data Protection Officer
Address: 480 Lafleur Avenue, Lasalle, QC H8R 3H9, Canada
If you are in a jurisdiction which puts forward the notion of data controller (such as the European Union), we are the data controller of the personal data collected through our Services.
1. WHAT IS A COOKIE?
A cookie is a small data file that is packed and stored as a cookie, sent to your web browser, and then stored on your computer. We include in our definition of cookies similar tracking technologies such as pixels and web beacons. We use the following types of cookies:
- First party cookies are those installed by us and they are installed either for the time that you use our Website or they are stored longer to be used when you come back to use our Website.
We install both session and persistent cookies on your browser:
- A session cookie is only installed temporarily in a browser’s memory, so once you close your browser, session cookies disappear.
- A persistent cookie is installed longer on your device. For instance, the _ga cookie installed by Google Analytics remains for a year, whereas other cookies only last less than 24 hours. Persistent cookies are commonly used for web analytics which requires tracking visitor behaviour over different websites, as with Google Analytics. Web analytics does not allow websites to identify you individually since it uses tokens as an identifier or is provided as mass traffic. However, third parties who are permitted to install these cookies on our Website, such as Google Analytics, may have access to more personal data about you.
2. WHAT TYPES OF COOKIES DO YOU USE, WHY, AND USING WHICH LEGAL BASIS?
In the European Union, we are required to indicate the legal bases that we use to process your personal data, which include the personal data in cookies. The table below contains our identification of these legal bases regarding cookies. These legal bases may not exist in your jurisdiction. In that case, we use other legal bases that are recognized, such as implied consent.
We collect cookies that classify in each of these categories:
TYPE OF COOKIE
Essential cookies are necessary to operate the core functions of our Website or to comply with applicable laws. These include login cookies, session ID cookies, language cookies as well as security cookies which are used to apply security settings. In other words, essential cookies are used solely to carry out or facilitate the transmission of communications over a network or are strictly necessary to provide our Website. For instance, we use cookielawinfo, a cookie set by the GDPR Cookie Consent Plugin, to remember your consent about cookies.
In the European Union, these cookies are collected based on our legitimate interests, which includes compliance with legal requirements and ensuring our Website can operate.
Functional cookies are used to provide you with some functionalities, and to remember preferences, consents and configurations.
In the European Union, these cookies are collected based on your explicit consent. You can withdraw this consent at any time, as explained below.
Analytics cookies are used to generate aggregated statistical data about traffic and behaviour of users when using our Website. For instance, we can determine how much time users spend on a page. The cookies named _gid and _ga are used by Google Analytics to gather data about your behaviour on our Website.
In the European Union, analytics cookies are processed based on your explicit consent. You can withdraw this consent at any time, as explained below.
3. DO YOU USE GOOGLE ANALYTICS?
Google Analytics collects Internet Protocol (IP) addresses to provide and protect the security of their website and to identify in which country, state or city in the world you are located. This is referred to as IP geolocation, and does not give Google Analytics or us access to your address. Google Analytics uses a method to mask IPs from website owners. Other data collected by Google Analytics include data related to the device, browser, and on-site activities to measure and report statistics about your interaction.
Google Analytics supports an optional browser add-on that once installed and enabled, disables measurement by Google Analytics for any site you visit. You can find this add-on by clicking here.
4. DO YOU RESPOND TO “DO NOT TRACK” BROWSER SETTINGS?
5. HOW CAN I MANAGE MY PREFERENCES ABOUT COOKIES?
You can manage your preferences regarding cookies through your browser, however, if you decide to refuse all cookies (such as essential cookies), you may not be able to fully benefit from our Website. You can choose to deactivate cookies at any time on your browser. You can accept or delete cookies one by one or delete them systematically once and for all.
Cookie preferences must be set for each web browser. You generally have several ways to manage cookies, including: completely authorizing or prohibiting cookies, deleting specific cookies that have already been saved by the browser, preventing certain websites from sending cookies to your computer, or blocking third-party cookies (when browsing on a website, cookies are sent to your computer by another website).
Please find below the necessary information on managing cookies with each of the main browsers:
You can also find useful information about how to control cookies here.
6. DO I HAVE ANY RIGHTS OVER MY PERSONAL DATA?
Yes, we will change it as required to reflect our current practices and to align with legislative requirements. Please see the above latest update date.
Terms of Sale (Apparel)
Table of Contents
Terms of Sale (Apparel)
1.	OUR WEBSITE.
Taiga Motors Inc. (“Taiga”, “we”, “us”, “our”) operates the website www.taigamotors.com (“Website”). Our offices are located at 480 Lafleur Avenue, LaSalle, QC, H8R 3H9. Taiga is a Quebec corporation. “You” refers to the purchaser of merchandise and apparel made available by Taiga on the Website (“Products”), excluding vehicles and parts.
As of the current date, the Products are only available in Canada. Shipping is offered free of charge for any Order with a value over $100 Canadian dollars (taxes excluded) (limited time offer).
Une version française de ces conditions de vente est également disponible, veuillez-vous référer à celle-ci. Avant de procéder à une commande en anglais, notez que vous pouvez changer la langue du site internet et faire la commande en français.
2.	TERMS AND CONDITIONS OF SALE.
3.	PRODUCT INFORMATION.
a.	Availability. All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we reserve the right to cancel your Order if it is the case. We make no representations or warranties that any of the Products on the Website will be available at any time or location.
b.	Colours and Packaging. The images of the Products on our Website are for illustrative purposes only. We make efforts to display as accurately as possible the colours of our Products that appear on the Website. Because the actual colours seen on the Website depend on many factors, such as your monitor and settings, we cannot guarantee that your monitor's display of any colour will be accurate. The packaging of the Products may vary from that shown on images on the Website.
4.	PURCHASER RESTRICTIONS.
5.	PURCHASE OF PRODUCTS. To purchase Products, the following steps need to be followed:
a.	Order. On the Website, you select the Products you want, as well as the size(s) and quantities required. Then, the Website will prompt you to submit your personal information and shipping information. You should then carefully review the product specifications (including size, model, color, etc.), the relevant price, shipping costs, review and accept these Terms of Sale. By confirming your order, you accept your obligation to pay the total price in exchange for the Products you have selected and your order for Products is placed (once this process is complete, this constitutes an “Order”). Once you accept, you will be taken to the payment page hosted by our third-party payment solutions provider to make the payment.
b.	Order Confirmation. Once the payment is processed, Taiga will confirm your Order by sending you an email to the email address you’ve indicated when placing your Order. If we discover an error in the price of any Product you have ordered, we may cancel the Order and you will receive a full refund. The confirmation email will contain all information relating to your purchase and will contain include these Terms of Sale.
d.	Shipping Confirmation. Taiga will send you a shipping confirmation email as soon as your purchased Products are shipped. Shipping will be provided in accordance with Section 6 below.
e.	Terms of payment. We are a Canadian company, and all prices are reflected in Canadian dollars (CAD) and do not include applicable taxes. We will inform you in advance of shipping costs or fees, if any, through the Website. Payment for the Products and all applicable delivery charges is in advance. We will not charge you Products that are unavailable and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account.
f.	Security checks. To protect against fraudulent use of credit / debit cards, verifications may be undertaken by our third-party payment solutions providers. These checks can take various forms and may involve contacting you by telephone before an Order is processed.
6.	SHIPPING AND DELIVERY.
Taiga will, at its sole discretion, select the carrier and such carrier’s terms and conditions shall apply for delivery. All times and dates for delivery in the shipping confirmation email are given in good faith and only represent an estimate. Delivery will be completed when we deliver the Products to the address you gave us upon placing the Order. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges and taxes. You can also track the progress of your delivery using the link that is found in your shipping confirmation email (if available, and subject to the carrier’s policies).
7.	SATISFACTION AND RETURNS.
We truly hope that you will like your Taiga purchase, but we understand that this might not always be the case. If you are not satisfied with your purchase, you can request a return within 30 days of the delivery date of your Order. The item must be in its original packaging, unused, and in unaltered condition, and otherwise comply with this Section 7. If you wish to return your Product, please contact us at firstname.lastname@example.org and a Taiga representative will provide you with the appropriate instructions for return. Once the Product(s) are returned to Taiga in accordance with the above, Taiga will issue a full refund of the price paid using the same means of payment used by you in the Order. Taiga will process refund requests on an ongoing basis, but does not guarantee a specific timeline. Please note that your financial institution may take some time to process the transaction and update your bank statement. Returns are at your costs.
8.	PRODUCTS WARRANTIES AND DISCLAIMER.
THE LAWS OF CERTAIN JURISDICTIONS (INCLUDING QUEBEC) DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF IMPLIED WARRANTIES AND CONDITIONS. ACCORDINGLY, SOME OR ALL OF THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, TAIGA DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER ARISING FROM SALE OF GOODS STATUTES OR OTHERWISE), RELATING TO ANY PRODUCTS SOLD OR DISTRIBUTED BY TAIGA IN ACCORDANCE WITH THESE TERMS OF SALE.
9.	LIMITATION OF LIABILITY REGARDING PURCHASES.
THE LAWS OF CERTAIN JURISDICTIONS (INCLUDING QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TAIGA OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (COLLECTIVELY, "DAMAGES") ARISING FROM OR IN ANY WAY RELATED TO THESE TERMS OF SALE. THESE DAMAGES INCLUDE, WITHOUT LIMITATION, LOSS ARISING FROM DEATH OR PERSONAL INJURY, PROPERTY LOSS, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS AND LOST BUSINESS, DATA OR SALES, EVEN IF TAIGA OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TAIGA’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS TO WHICH THE ALLEGED DAMAGES RELATE.
10.	FORCE MAJEURE.
Taiga will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms of Sale that is caused by a force majeure event as defined under the Quebec Civil Code ("Force Majeure Event").
If either party fails to insist that the other perform any of its obligations under these Terms of Sale, or if either party does not enforce its rights against the other party, or delays in doing so, that will not mean that the concerned party has waived its rights against the other and will not mean that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and that will not mean that it will automatically waive any later default.
If any provision of these Terms of Sale is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.
13.	PERSONAL INFORMATION.
These Terms of Sales are available both in French and in English. The official language shall be French in the event of any conflict or ambiguity. Communications between Taiga and you and any proceedings in connection with these Terms of Sale and/or your use of the Website shall be in accordance with the language preference you have elected when placing your Order.
15.	ENTIRE AGREEMENT.
16.	CHANGES TO THESE TERMS OF SALE.
We may revise and modify these Terms of Sale from time to time. Only the version of the Terms of Sale in force at the time you place your Order will apply between you and Taiga. The date noted at the top of these Terms of Sales reflects the date at which the last update was made. Taiga does not commit to providing notice of any change to these Terms of Sale – please consult them prior to making an Order, as changes may be made on an ongoing basis.
17.	GOVERNING LAW AND JURISDICTION.
These Terms of Sale shall be governed by, construed and enforced in accordance with the law of the province of Quebec, without giving effect to any conflict of law provisions and any dispute that may arise out of or in relation to the validity, conclusion, interpretation and/or performance of these Terms of Sale shall be brought before the courts of the district of Montreal, QC.
Effective October 28, 2022Download
Table of Contents
Vehicle Pre-Order Agreement
Thank you for placing a pre-order for your electric powersports vehicle. This Vehicle Pre-Order Agreement (the “Agreement”) is between you, the individual or entity who reserved the Vehicle (“you”, “Customer”), and Taiga Motors Inc., located at 480 Av. Lafleur, LaSalle, QC, H8R 3H9 (“Taiga”). If you have any questions about this Agreement, you can contact us by e-mail at email@example.com.
This Agreement does not constitute a sale or a promise to sell. You are under no obligation to purchase the Vehicle, and Taiga is under no obligation to sell you a Vehicle. This Agreement does not lock in a production or delivery date. Your purchase of a Vehicle will be subject to you executing a Vehicle Purchase Agreement, which sets out the applicable terms. Final price confirmed with vehicle selection and configuration when sold, as confirmed by the Purchase Agreement and accompanying documents. Net price presented at reservation excludes taxes/levies, shipping, and other fees.
In this Agreement, the provisions which are preceded by the mention “N/A to Québec Consumers” are not applicable to individuals in the province of Québec that qualify as ‘consumers’ under applicable laws.
1.1 “Prepayment” means the amount that you provided to pre-order your Vehicle.
1.2 “Vehicle” means the Vehicle pre-ordered by you through the Pre-Order Form, such as the snowmobiles or personal watercrafts made available for pre-order by Taiga, whichever is indicated and selected in the Pre-Order Form.
1.3 “Pre-Order Form” means the document which describes the Vehicle being pre-ordered, the number of Vehicles being pre-ordered and the Prepayment, and which contains your identifying information. The Pre-Order Form is part of this Agreement.
By entering into this Agreement, you confirm that you wish to pre-order the Vehicle identified in the Pre-Order Form. You enter into this Agreement when (1) you submit the Pre- Order Form and (2) we receive your Prepayment (the “Effective Date”). Proceeding to payment and accepting these terms form a valid and binding contract as to its content.
3. PURCHASE AGREEMENT
This Agreement does not constitute an agreement for the sale of any Vehicle. You acknowledge and agree that you will be required to enter into a legally binding agreement to make your actual purchase of a Vehicle (“Vehicle Purchase Agreement”). You acknowledge and agree that this Agreement does contain any warranties, representations or covenants with regards to the Vehicle. The Vehicle Purchase Agreement may be entered into by an affiliate or subsidiary of Taiga.
4. PRICING AND CONFIGURATION
Prior to executing the Purchase Agreement, you will be invited by e-mail to complete the configuration of your Vehicle. The configuration determines the price applicable to your Vehicle, which will be formalized alongside the Purchase Agreement. The Prepayment will be applied to the purchase price.
You acknowledge and agree that the method and location of delivery of the Vehicle will be confirmed at a later date. You agree and understand that deliveries may occur through a third party, such as a dealership. Once you have selected the method and location of delivery of your Vehicle, it cannot be changed. The Purchase Agreement will confirm your commitment to pick up the Vehicle in a timely way.
6. NON-BINDING PRE-ORDER
6.1 The Prepayment is fully refundable by Taiga to you at any time prior to entering into a Vehicle Purchase Agreement (for example, if you cancel your pre-order, or if we decline to maintain your pre-order).
6.2 In order to request the refund of your Prepayment, please communicate with us by e-mail at firstname.lastname@example.org. Upon receipt of your request, we will process the reimbursement to your credit card. Please allow for reasonable processing time of up to two (2) weeks upon reception of your request.
6.3 Taiga makes no representations or warranties as to Vehicle availability or whether its design, specifications or features will be the same as those set out in the Pre-Order Form. The payment of the Prepayment does not confirm or commit Taiga towards pricing, availability or delivery.
6.4 Production timelines and deliveries remain subject to factors beyond Taiga’s reasonable control, such as supply chain management, delivery timelines and optimization, export control, regulatory approvals and all applicable laws.
6.5 You agree and understand that we do not represent or warrant that the Vehicle will be completed or delivered. The Vehicle is under development or manufacturing and additional regulatory concerns may result in delayed commercialization in some regions. We are not responsible for these delays or inability to deliver, and we will reimburse the Prepayment if, at our discretion, we deem it necessary to cancel the pre-order.
7. GOVERNING LAWS
This Agreement is governed by the laws of Quebec, Canada, without regard to its conflict of laws provisions.
8. PERSONAL INFORMATION
9. GOVERNING JURISDICTIONS [N/A to Québec Consumers]
All disputes arising out of or in connection with this Agreement, in respect of any legal relationship associated with or derived from this Agreement (save and except with respect to injunction or other immediate relief) (a “Dispute”) will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”). The parties shall name an arbitrator by common agreement or subscribe to ADRIC’s case management services. The arbitration will occur in English, in Montreal, Quebec, Canada. The parties may decide to use ADRIC’s online dispute resolution services by common agreement. Except as set forth herein, the parties confer personal and exclusive jurisdiction to the courts located in the judicial district of Montreal. For the avoidance of doubts, you hereby irrevocably waive your right to trial by jury in any Dispute.
10. LIMITATION OF LIABILITY [N/A to Québec Consumers]
To the maximum extent permitted by law, (a) Taiga will not be liable to you for any indirect, special, incidental, consequential or exemplary damages in connection with this Agreement, including, without limitation, loss of data, loss of profits, or otherwise, but excluding any damages which cannot be excluded under applicable laws and (b) Taiga’s liability to you under this Agreement shall be limited to the value of the Prepayment, unless such damages cannot be excluded under applicable laws.
11. EXPORT CONTROL
You acknowledge and agree this Agreement is subject to export control laws. You represent and warrant that you are not on any restricted list pursuant to relevant export control laws, such as the United States Export Administration Act and Canada’s Export and Import Permits Act, and that you are not located in a country in the Area Control List (as defined in those regulations).
12. BENEFIT OF THIRD PARTIES
This Agreement is personal to you. The limited rights under this Agreement to pre-order a Vehicle cannot be sold, traded or otherwise conferred to any third party. There are no third party beneficiaries to this Agreement. The individual entering into this Agreement is the only person with whom Taiga will enter into a corresponding Purchase Agreement.
13. TERM; SURVIVAL
This Agreement enters into force at the Effective Date and ends upon the earlier of (a) the execution of a Purchase Agreement or (b) the reimbursement of the Prepayment by Taiga. All provisions which by their nature should survive the term of the Agreement shall survive the term of the Agreement.
Any waiver of a breach of any provision to this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of this Agreement is held to be invalid or unenforceable, that part will be severed and the rest of the Agreement will remain in force. You may not assign this Agreement to anyone, and such assignment shall be considered null and void. Taiga may transfer or assign this Agreement upon written notice to you, and such successor or permitted assignee shall be bound by the same terms and conditions as Taiga. The parties acknowledge that they have required this Agreement and all related documents to be drafted in English. Les parties reconnaissent avoir demandé que le présent contrat ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Notice - Patents and Intellectual Property
Effective August 26, 2022Download
Table of Contents
Taiga Motors Inc. is committed to the protection of its intellectual property. This page is intended to provide virtual patent marking and to serve as notice under 35 USC §287(a).
Products falling into the following product categories may be covered by the listed pending patent applications in the United States and/or other jurisdictions of the world. The product categories are provided for convenience only and should not be interpreted to limit the coverage of the listed applications. This list is non-exhaustive; additional design and utility patent applications may be pending in the United States and elsewhere.
CA3154258A1, CA3156091A1, CA3144670A1, CA3144863A1, CA3144862A1, CA3144866A1, CA3142720A1, CA3113909A1, CA3153993A1, CA3155343A1, US11420522B1, US20220224189A1, US20220219786A1, US20220219785A1, US20220224207A1, US20220194261A1, US20210135307A1, US20220224139A1, US20210138868A1
CA3113789A1, CA3113909A1, CA3142720A1, CA3144670A1, CA3144862A1, CA3144863A1, CA3144866A1, CA3153993A1, CA3154258A1, CA3155343A1, US11420522B1, US20210135307A1, US20210138868A1, US20220194261A1, US20220219782A1, US20220219783A1, US20220219784A1, US20220219785A1, US20220219786A1, US20220224139A1, US20220224189A1, US20220224207A1,