Terms & Conditions – RBC Drive

Terms & Conditions

RBC is providing you with the opportunity to access the DRIVE website and the DRIVE app by RBC (the “App”) (the Drive website and App collectively, the “Platform”) for the purpose of accessing certain Services, which include promotional Services. The Platform is intended solely for adult use. You must agree to the following terms and conditions for access to the Platform (as amended from time to time, the “Agreement”). This Agreement does not replace any other agreement you may have with RBC (now or in the future). For clarity, all of the terms and conditions of your other agreements with us continue to apply.

You must read this Agreement, check the tick box and select “Agree” to confirm that (i) you are the age of majority in your Province/Territory; and (ii) you agree with the terms and conditions of this Agreement before you use the Platform. We will email you a link to a copy of this Agreement at the email address you provided when registering to use the Platform. You may also access and print the current version of this Agreement from the “Settings” menu in the Platform under the “Drive Terms & Conditions” link or at: www.drive.ca/tnc or www.drive.ca/fr/tnc.

  1. Defined Terms. In this Agreement,

    “Device” means any computer or mobile device used or provided by you.

    “Loyalty Card” means a card associated with a loyalty reward program;

    “Loyalty Card Services” means the loyalty card services provided through the App that provide you with a virtual representation of your physical Loyalty Card for the purposes of completing transactions such as earning, and redeeming Loyalty Points;

    “Loyalty Points” means the points or other rewards that a Loyalty Program Provider offers through a loyalty reward program;

    “Loyalty Program Providers” mean the Third Parties who offer Loyalty Cards;

    “Offers” means any offers, rate discounts or promotions of RBC or a third party.

    “RBC” means Royal Bank of Canada, its successors and assigns.

    “Services” means the services, features, functionality, content or information that are offered through the Platform, including Third Party Content.

    “Sign-In Credentials” means the information required to register for and access the Platform.

    “Third Party” means any party other than you, us or a party when acting as a Third Party Service Provider. It includes our subsidiaries and affiliates and parties who provide Third Party Services.

    “Third Party Content” means content and information contained in the Services provided by any Third Party Service Provider, including, for greater clarity, estimates of the market value of vehicles and vehicle identification numbers.

    “Third Party Services” means any products or services provided by a Third Party that can be used or accessed in or through the Platform.

    “Third Party Service Provider” means a party retained by us to act on our behalf to provide, or to assist us in providing, the Platform and Services.

    “you” and “your” mean the person who uses a Device to access the Services through the Platform.

    “we”, “us” and “our” mean RBC.

  1. Voluntary Participation. Your use of a Device to access certain Services through the App is
    voluntary. You may access the Services without using the App. If you choose to use your Device to access the Services by installing the App, you warrant that you are the legal owner of your Device.

  1. Loyalty Card Services.
    1. Loyalty Program Providers allow you to use Loyalty Cards that you have loaded on to our App instead of the physical Loyalty Card. You acknowledge and agree that the use of any Loyalty Card is subject to terms and conditions set by Loyalty Program Providers.
    2. We do not own or control the terms, conditions and other details about Loyalty Cards. Loyalty Cards are provided on our App solely as a convenience to you, and we make no representations about, do not endorse, and are not responsible or liable for: (i) the terms, conditions and other details about Loyalty Cards; and (ii) the goods or services offered by Loyalty Program Providers. If you have questions or problems with your Loyalty Cards, or anything relating to the Loyalty Points offered by the Loyalty Program Provider, you agree to settle the problem directly with the Loyalty Program Provider. We are not responsible for the failure of any Loyalty Program Provider to honour a Loyalty Card for any reason, including the insolvency or bankruptcy of that Loyalty Program Provider.
  1. Changes
    1. To the Services. You understand that we may add, remove or change any part or
      feature of the Services, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us. We can terminate (either all or part of) this Agreement or suspend or terminate your access to any of the Services immediately for any reason whatsoever at any time without prior notice. We will not be responsible for any loss or inconvenience that may result in such suspension or termination.
    2. To this Agreement. Other than as required by law, we can change this Agreement by giving you notice of the change. We can give the notice either before or after the change takes effect. If we give you notice before the change takes effect, and you access the Platform after the date of the change, you agree and consent to the change. If we give you notice after the change takes effect, and you access the Platform after the date of the notice, you agree and consent to the change.
  1. Notice. Any notice may be given to you through your Device or on any of our websites or sent to your email shown on our records.
  1. Use/Instructions. You may be required to provide Sign-In Credentials to access the Platform.

    Once the Platform has been accessed, you authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you. Any instruction will have the same legal effect as if it was written instruction and signed by you.

  1. Compliance with this Agreement, Applicable Laws, etc. Your use of the Platform and any Device to access the Platform must comply with this Agreement and all applicable laws.
  1. Prohibitions. You will not:

    (i) provide untrue, inaccurate or incomplete information;

    (ii) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose;

    (iii) use any robot, spider or other indexing device when accessing the Platform or the Services;

    (iv) use any part of the Services to provide Internet, service bureau, outsourcing or third-party services or redistribute all or any part of the Services;

    (v) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Platform or the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or

    (vi) reverse engineer the source code for the App.

  1. Different Availability. Not all of the same functionality or features may be accessible or

    available for all Services or Devices or at all times. Services may be provided in English and French. Where the language setting in your Device is other than English or French, Services will be provided in English.

  1. Push Notifications. You authorize us to send push notifications to your Device in relation to

    the Services. In order to enable or to disable push notifications, you must adjust the settings on your Device. You understand that push notifications are unsecure, not encrypted and can be read by others if you allow them to view your Device. We provide push notifications for convenience purposes only. Push notifications may not be received by you in a timely manner or at all, for example, if your Device is turned off or you do not have connectivity.

  1. Costs, Fees and Related Charges. You are responsible for all costs, fees, data plans

    and related charges associated with the use of your Device and they are not reimbursable by RBC.

  1. Security.

    (a) If you choose to share your Sign-In Credentials, you understand that we will not be responsible for any resulting losses.

    (b) The security of your information depends on you using safe practices. You agree that when using the Platform, Services or Third Party Services, you will take all steps necessary to make sure that you do not reveal any confidential information to anyone, other than through the Platform, Services or Third Party Services for the purposes of the accessing the Services or Third Party Services. This includes making sure that other people cannot see the screen or key pad on your Device. In addition:

    1. you must sign out after each session to prevent anyone else from accessing your profile. If you do not sign out of the Platform, you may remain signed in until you sign out, depending on the type of Sign-In Credentials you used.
    2. you must not leave your Device unattended while logged into the Platform and you must use reasonable steps and precautions to protect your Device against loss or theft;
    3. you agree to implement and maintain reasonable security measures which include up-to- date virus scanning software and a firewall system, if such security measures are available for your Device;
    4. you agree to comply with any additional security requirements that we may
      require in connection with the Services.
  1. Third Party Service Providers and Third Parties.

     (a) You understand and agree that: (i) we may use Third Party Service Providers or Third Parties to provide or to assist us in providing the Services or Third Party Services; and (ii) other than our subsidiaries or affiliates, we do not sponsor or endorse nor are we affiliated or associated with any Third Party Service Providers or Third Parties.

    (b) You will:

    • use Third Party Content solely for your own personal non-commercial use;
    • not sell or otherwise distribute Third Party Content or information derived therefrom;
    • not permit use of any Third Party Content by any third party; or
    • not provide or make available any Third Party Content to any provider of products or services similar to those products and services provided by the Third Party Service Providers.

    (c) Third Party Service Providers do not guarantee the correctness of the Third Party Content and shall have no liability for any loss or damage (including, without limitation, any indirect or consequential damages): (i) caused by errors or interruptions and/or errors in the functioning of the services that transmit the Third Party Content; or (iii) resulting from any use of the Third Party Content.

    (d) In no event, even if any Third Party Service Provider is negligent, will the Third Party Service Provider be liable for any losses or damages, including any loss of data, or any direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary or similar damages whatsoever, in whole or in part (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss) caused to or otherwise suffered by you, including any such losses or damages based upon, arising from or in connection with the Services, including your use or receipt of the Services or any action or decisions made by you in reliance on the Services, the Platform, including your use of the Platform, and this Agreement, in each case in whole or in part, regardless of the cause of action, even if any Third Party Service Provider has been advised of the possibility of such damages.

    (e) You expressly understand and agree that: (i) your use of any Third Party Service is at your sole risk and may be subject to the terms of the Third Party; and (ii)Third Party Content and Third Party Services are provided on an “as-is” and “as available” basis and that we and Third Party Service Providers expressly disclaim all warranties, whether express or implied, including, without limitation, any warranties in regard to accuracy, completeness, merchantability or fitness for a particular purpose in connection with any Third Party Content or Third Party Services and all information, products and other content included in or accessible from any Third Party Service.

    (f) Third Party Service Providers and Third Parties retain at all times all ownership rights, including without limitation, all intellectual property rights, in Third Party Content, and their trademarks and logos subsisting on each screen made available through our Platform. Nothing in this Agreement or on our Services is to be interpreted as conferring any right for you to: (i) use Third Party Content in any way other than as expressly permitted in this Agreement; or (ii) use any trademarks or logos of Third Parties or Third Party Service Providers.

    (g) You also authorize us and any Third Party Service Provider or Third Party who works with or for us in providing you with a particular Service or Third Party Service to use any information or content you may provide while using the Service or Third Party Service in question for preparing, using and distributing statistical, profiling, performance or operational reports about such Service or Third Party Service, provided that if such reports are distributed to a participant in such Service or Third Party Service other than us, the information contained in all such reports will not be attributable to you.

  1. Collection, Use and Disclosure of Personal Information.

    (a) Except as varied by Section 13(b) below, the consents and authorizations contained in this Section 13 will not change any other consent, authorization or preference you have given or may give to us regarding the collection, use and disclosure of your personal information (“your information”).

    (b) You authorize us to collect, use and disclose your information in order to provide the Platform and Services.

    We may collect information from and about you such as information required to register you for the Platform and Services or to provide you with Services or access to Third Party Services; information or content you provide to us while using the Platform and Services; information we obtain from Third Parties and Third Party Service Providers in the course of providing you with Services; information from service arrangements you make with or through us; from references you provide to us; and from other sources, as is necessary for the provision of the Platform, Services and Third Party Services.

    We may use your information for any purpose in connection with or relating to the Platform, Services and Third Party Services, and assessing, evaluating, improving and reporting on the Platform and Services, including:

    • to verify your identity;
    • to provide you with products and services you may request, including Third Party Services;
    • to better understand your financial situation;
    • to determine your eligibility for products and services we offer;
    • to help us better understand the current and future needs of Platform users and our clients;
    • to communicate to you any benefit, feature and other information about products and services you have with us;
    • to help us better manage our business and your relationship with us; and
    • as required or permitted by law.

    We may collect from Third Parties and display your information in the App in connection with Services you have requested.

    For the purposes in this Section 13, we may share your information with our employees, agents, Third Parties and Third Party Service Providers. In the event any of these parties is located outside of Canada, it is bound by, and your information may be disclosed in accordance with, the laws of the jurisdiction in which it is located.

    We may combine your information with any other information we hold about you and use it for any purpose you have consented to in this Agreement or another Agreement you have with us.

    We may also use your information and share it with RBC companies to manage our risks and operations and those of RBC companies and to comply with valid requests for information about you from regulators, government agencies, public bodies, or other entities who have a right to issue such requests.

    (c) We may use your information to promote our products and services, and promote products and services of Third Parties we select, which may be of interest to you. We will not share your information with Third Parties for the purposes of these promotions, but you may choose to do so when acting on an offer. We may communicate with you through various channels, including the Platform and if you request, by push notifications, and e-mail, using the contact information you have provided. If you do not wish to receive promotions, or information about promotions, as set out in this Section 13(c): (i) by push notifications or e-mail, please change your communications preferences under “Settings” in the Platform, or (ii) through the Platform, then delete your profile.

    (d) You may obtain access to the personal information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to your information, contact us at contactdrive@rbc.com. To obtain more information about our privacy policies, please call 1 800 Royal® 1-1 (1-800-769-2511) or visit www.rbc.com/privacysecurity.

  1. RBC Ownership. We retain at all times all ownership rights, including without limitation, copyright, in the Platform. You agree not to copy, reproduce, transfer copies or reverse engineer the Platform and not to disclose or distribute the Platform to third parties. We have no obligation to provide any training, maintenance, or other assistance for the Platform. We are the owner of all intellectual property rights subsisting on each screen made available through our Platform. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on our Services are our property and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your Platform activities, in accordance with this Agreement and as we may further instruct you. Nothing in this Agreement or on our Services is to be interpreted as conferring a right to use our works, trademarks or logos in any other way.
    1. Liabilities.
    2. You are solely responsible for all information or content that you input into the Platform and Third Party Services.

      The Services may give you an estimate of the market value of your vehicle, vehicle loans you may have with us, recall information and other information relating to your vehicle or use or servicing of your vehicle based in part on the accuracy and completeness of information provided by you. The Services are for illustrative and general information purposes only and are not intended to provide specific financial, safety or other advice. You understand that the Services do not provide any conclusions regarding the condition of any motor vehicle. You assume full responsibility with respect to your decisions and all transactions made by you using the Services and Third Party Services. We will not be liable for any losses or damages arising from any errors or omissions in the Services and Third Party Services, or any action or decision made by you in reliance on the Services and Third Party Services.

      We will not be responsible for any loss, harm, injury, damage, delay or inconvenience suffered or incurred by you with respect to: (i) this Agreement, the Services or Third Party Services; or (ii) any instruction given to, by or purported to be given by you in connection with the Services and Third Party Services.

      In no event, even if we are negligent, will we be liable for any loss of data, or any incidental, indirect, consequential, special, aggravated, punitive or exemplary or similar damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages.

      In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by:

      (a) the actions of, or any failure to act by a Third Party or Third Party Service Provider (and no such party will be considered to be acting as our agent);

      (b) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (i) any data given by you to us, to any Third Party or Third Party Service Provider (including your failure to update); and (ii) any data or information provided to you by any Third Party;

      (c) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained, in the Services or Third Party Services (including any failure to update);

      (d) any delay, error, interruption or failure by us or any Third Party or Third Party Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control, any system malfunctions or any technical failures;

      (e) unsecured communication being inaccurate, intercepted, reviewed or altered by others;

      (f) your use of the Services or Third Party Services, including, without limitation, any delay or inability to access or use the Services or Third Party Services;

      (g) your failure to receive or view a push notification that has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause; or

      (h) your failure to fulfill any of your obligations under this Agreement including those in Section 11 (Security) or to comply with any instructions we may provide to you from time to time in connection with the Services.

    3. Release/Indemnities. Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us and any other person for any claim, cost and liability incurred as a result of (i) your access to or use of the Services or Third Party Services, or (ii) or your breach of the terms and conditions of this Agreement.
  1. App. The following terms apply if you download the App:
    1. We grant you a non-exclusive and non-transferable single-user (non-concurrent) license to use the App that you download and install, in accordance with this Agreement. We may at any time, and at our sole discretion restrict or terminate your ability to access the App.
    2. We may end the terms relating to the App in this Section 16 at any time on notice to you. On the ending of this Agreement, you will destroy or return all copies of the App or of any documentation for it then in your possession. The grant of this license in this Section 16 may not be assigned by you unless agreed upon in writing by us.
    3. By choosing to install the App on your Device for the purpose of accessing the Platform:
      1. You consent to the installation of the App and any future updates or upgrades to the App. You may withdraw your consent by deleting the App from your Device. Our mailing address is RBC WaterPark Place, 26th Floor, 88 Queens Quay West, Toronto, ON M5J 0B8 | www.drive.ca; and
      2. You consent to and provide written acknowledgement of App functions, which include accessing your camera for uploading images and documents into the Platform. You can view a full list of App functions here: http://www.rbc.com/mobile/permissions/drive-iOS.html (iOS), http://www.rbc.com/mobile/permissions/drive-android.html (Android). To request removal or disabling of the App in the case of inaccuracy in the description of these functions, please contact: contactdrive@rbc.com.
  1. No Representations or Warranties. We are providing you with the Platform and the Services on an “as is” and “as available” basis and does not make any representations or provide any warranties concerning them. Without limiting the foregoing, we expressly disclaim all warranties, with respect to the Platform and/or Services. You are solely responsible for taking appropriate precautions relating to the use and safety of your Device and we are not responsible for any damage caused to you or your Device as a result of the installation and/or use of the Platform. We are not responsible for any breach of contract between you and any third party. Without limiting the generality of the foregoing, we are not liable for any breach by you of (1) any agreement with the manufacturer of your Device or its operating system; (2) the terms and conditions related to the applications and software you download and/or install on your Device and (3) the terms and conditions of a Third Party or Third Party Service Provider or any other service used or accessed in connection with your use of your Device.
  1. Service and Offer Terms. There may be terms related to the Platform, Services, Offers or Third Party Services displayed on the screens in the Platform or when you click on icons or links on the Platform screens. You must access these terms, and by using or accessing the Platform, a Service, Offers or Third Party Services you agree that the terms apply to your use of or access to the applicable Service, Platform, Offers or Third Party Service in addition to the terms and conditions of any applicable agreements. Certain Third Party Services contain information licensed under the Open Government License – Canada, the terms of which are available at http://open.canada.ca/en/open-government-licence-canada.
  1. General. If any provision of this Agreement is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of this Agreement. Our failure to enforce strict performance of any provisions of this Agreement does not mean we have waived any provision or right. Neither the course of conduct between RBC and you, nor trade practice modifies any provision of the terms and conditions of this Agreement. You may not assign or transfer this Agreement or any of obligations or rights hereunder to any other person. You and we have expressly requested that this Agreement and all related documents, including notices, be drawn up in the English language. Vous et nous avons expressément demandé que cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement). If there is a conflict between a term in this Agreement and in any other agreement between you and us, this Agreement will apply to the extent necessary to resolve the conflict.
  1. Governing Law. This Agreement is governed by the laws of the Province or Territory in Canada in which you live and the federal laws of Canada applicable therein. If you live outside of Canada, this Agreement will be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and we agree that the courts of the jurisdiction specified above shall have exclusive jurisdiction over each of us for the determination of any matter(s) arising out of this Agreement.
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