TERMS & CONDITIONS
Thank you for your interest in Lotus and your visit to https://www.lotuscars.com/en-US (“our site”).
Please read the terms and conditions outlined herein (the “Terms and Conditions”) carefully before using or accessing anything on our site. By using or accessing our site, you agree to use our site in accordance with all applicable laws and regulations and in accordance with the Terms and Conditions. If you do not agree to these Terms and Conditions, you cannot use our site.
Information about us
The Lotus Cars entity entering into these Terms and Conditions with you in Canada is Lotus Cars USA, Inc., 47584 Galleon Dr, Plymouth, Michigan 48170, USA, which is referred to in these Terms and Conditions as "Lotus Cars," “Lotus,” or "we," "us" or "our". Some Lotus websites and certain content may be subject to different or additional terms. By accessing any other Lotus websites or content, you agree to be bound by any additional terms that govern use of each such website or such content.
These Terms and Conditions are not applicable to any other websites operated and/or owned by any entity other than Lotus Cars, and any automobile retailer or service center. Users of the foregoing resources should refer to the Terms and Conditions in effect for the applicable website.
Accessing our site
Access to our site is permitted on a temporary basis. You may access or use our site and its contents solely for lawful, personal, noncommercial use and for no other purpose. You shall not, and shall not procure, assist or facilitate any third party to, modify, copy, link to, distribute, transmit, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer or sell any information, in whole or in part, obtained from our site without the written permission of Lotus. No right, title or interest in such materials is transferred to you by use of our site. We reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
You agree that you will not: (i) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including but not limited to privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the rights to use such materials as provided in these Terms and Conditions; (ii) post on our site any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person. By way of example only, you may not post a photograph taken by a professional photographer unless the photographer has granted you the right to make copies of the photo. You are responsible for any third-party fees, taxes or other charges incurred by you in accessing our site (such as internet charges).
You shall not and shall not attempt to violate the security of our site including, without limitation:
- accessing data not intended for you;
- logging into a server which you are not authorized to access;
- probing, scanning or testing the vulnerability of a system or network utilized by our site;
- breaching the security or authentication measures adopted by us for our site; and
- interfering with the access to or use of our site by other users.
User Communications
Any information uploaded by you to our site or sent to us via e-mail, postcard, letter, voice mail, social media venue or other transmission, including but not limited to photos, names, links, data, questions, comments, messages, Forum postings, suggestions, designs, concepts, or the like shall be and remain Lotus’s property, and Lotus shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages or content will violate the rights of any third party, contain any libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive, hateful, or otherwise unlawful materials, advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation, or contain viruses, Trojan horses, worms, corrupted files, any other malware or other materials that may cause damage to another's computer.
By sending us information about yourself on or through our site or any social media site related to Lotus, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Lotus, its affiliates and third-party providers of any information that you may provide on our site or Lotus related social media site.
Any information uploaded by you to our site or provided to us in any way, including but not limited to photos, names, links, data, questions, comments, messages, Forum postings, suggestions, designs, concepts, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
You acknowledge that we do not pre-screen or approve any information posted on our site by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the information posted by you as well as all consequences of your postings on our site. In any event, we take no responsibility whatsoever for the information posted by any users of our site, or for loss of content of any information, and, to the maximum extent permitted by applicable law, we do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any information posted to our site by its users. Any reliance by you on any information posted by other users of our site will be entirely at your own risk.
You may not use any content posted by other users of our site other than for the purposes of accepting, forwarding, identifying, locating and/or replying to any content on our site. We may not monitor our site at all times but reserve the right to monitor it any time. We may remove any information posted by you on our site which is abusive, illegal, disruptive, or inappropriate, in our sole and absolute discretion, without any compensation or recourse to you or any other person.
Without prejudice to the foregoing, we may limit or even ban your posting of any information, including but not limited to the period of time of posting and the size or content of your posting.
We do not accept any responsibility or liability for any information posted by users of our site, and the contents thereof do not necessarily represent or reflect our views or opinion.
You may request removal of any personal information you send us by sending a removal request email to legal@lotuscars.com in accordance with our General Privacy Statement.
Unsolicited Information
Lotus and any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Lotus or any of its employees. All such submissions will be destroyed without being read or considered.
Product Presentation
At Lotus, we represent our products as accurately as possible. However, due to photography techniques and differences in monitor color and display capabilities, images of products may appear slightly smaller or larger than actual size, and colour may vary. Vehicles shown may be US models or models sold in other jurisdictions, and certain models and/or features may not be available in your jurisdiction. Other items may be displayed at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. We are not responsible for the limitations of technology and cannot guarantee that your screen’s display of any colour, size, texture or detail of the products will reflect the actual colour, size, texture of detail of the product.
Figures detailed on our site are target specifications. The target figures are based upon simulated results from Lotus testing procedures. These figures may not reflect real life driving results, which will depend upon a number of factors including the options fitted, variations in weather, driving styles and vehicle load.
Figures are intended for comparability purposes. The CO2 produced under real life driving conditions will depend upon a number of factors including the accessories fitted after registration, variations in driving styles, weather conditions and vehicle load. We endeavor to keep the information on the website up to date and we reserve the right to change these product specifications at any time without notice.
No Offer to Sell or Lease
New Lotus vehicles shown on our site are sold or leased by independent, third-party Lotus retailers, not by Lotus. The purchase of any Lotus vehicle shall be subject to the terms and conditions of the applicable sale or lease contract between you and your local authorized Lotus retailer. Any Manufacturer's Suggested Retail Price (MSRP) listed on our site excludes taxes, delivery, title, license and local fees. Actual prices are established by retailers, and may vary. Our site shall not be used or relied upon by you as a substitute for information that is available from an authorized Lotus retailer. For vehicle information, price, features and availability, contact your local authorized Lotus retailer.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material, content, copyright, trademarks, trade secrets, patents, trade names, marks, logo types, graphics, designs, or other commercial symbols (“Material”) published on it, existing now or created in the future. All Material is protected by copyright and other intellectual property rights under Canadian and foreign laws. You must not use any part of the Material on our site for commercial purposes without obtaining a license to do so from us or our licensors. Lotus actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
COPYRIGHTS
© Copyright 2023 Group Lotus Ltd.
All rights reserved. Any text, images, graphics, sound files, animation files, video files, and their arrangement on our site are subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This site may also contain images that are subject to third-party copyright.
TRADEMARKS
LOTUS, the Lotus Roundel Device, model names and all associated logos and distinctive designs are trademarks of Group Lotus Ltd. subject to trademark and other intellectual property protection.
For the avoidance of doubt, nothing contained in these Terms and Conditions will prejudice, negate or constitute waiver of the rights of Lotus under or by virtue of any regional or national intellectual property laws (whether of Canada or elsewhere) or international intellectual property laws.
Reliance on information posted
Commentary and other materials posted on our site are not intended as advice on which reliance should be placed. To the maximum extent permitted by applicable law, we therefore disclaim any and all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Unless specifically noted and to the maximum extent permitted by applicable law, our site, any social media site, their contents or the information available on or through them is provided on an “AS IS” and “AS AVAILABLE” basis without representations, warranties or conditions of any kind, either express, implied, statutory or collateral, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the maximum extent permitted by applicable law, neither Lotus, nor any of its affiliated or related companies, nor any of the employees, agents, content providers or licensors of any of them, makes any representation, warranty or condition of any kind regarding our site, social media sites, the content, any advertising material, information, products or services available on or through our site, and/or the results that may be obtained from use of our site, social media site or such content or services. To the maximum extent permitted by applicable law, all express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties our site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. Lotus and its affiliates are not responsible or liable for any damage to, or virus that may infect, your computer equipment or other property.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
To the maximum extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and services and any orders placed through our site, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
The material displayed on our site is provided without any representations, guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by applicable law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All representations, conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Lotus is not responsible for product descriptions provided by third parties. All material on our site is not intended as definitive advice and must be verified prior to purchase or any other use.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, or any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Some jurisdictions may not allow the exclusion or limitation of certain damages. In such cases, exclusions and limitations will apply to the maximum extent permitted by applicable law.
Indemnification
By use of our site or Lotus social media site, you agree to indemnify, defend and hold harmless, Lotus, each of its affiliated companies, and each of its respective partners, retailers, suppliers, subsidiaries, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all liabilities, claims and expenses (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including legal and other professional fees, and court costs) arising from or relating to any allegation regarding your use or misuse of our site, social media site or any violation of these Terms and Conditions.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. If you breach any Terms and Conditions you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.
Governing Law and Jurisdiction
Except as restricted by applicable law, these Terms and Conditions will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of our site notwithstanding your domicile, residency or physical location. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of our site. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
If you are a consumer outside of Canada who accesses a link to the section of our site designed for the country where you are located, you are subject to the law of your country of residence. By accessing the section of our site designed for the country where you are located, you agree to the jurisdiction of that country’s courts with respect to any Dispute relating to the use of the country-specific website.
DISPUTE RESOLUTIon
The following provision applies to the maximum extent permitted by applicable law.
"Dispute" as used here means any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning these Terms and Conditions or the products or services provided to you, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.
Neither you nor Lotus will seek to have a Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding can be combined with another without the prior written consent of all parties to the proceedings.
In the event of a Dispute, you or Lotus must send to the other party a notice of such Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to Lotus:
Legal Dept.
Lotus Cars USA, LLC
47584 Galleon Dr.
Plymouth, Michigan 48170,
United States
We will send any notice of Dispute to you at the contact information we have for you. You and Lotus will attempt to resolve a Dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.
After that sixty (60) day period if the Dispute has not been resolved by information negotiation, you or we may commence a proceeding.
The foregoing sixty (60) day informal negotiation period does not apply to any Disputes relating to the ownership or enforcement of intellectual property rights.
Information about you and your visits to our site
We process information about you in accordance with General Privacy Statement. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Visit our General Privacy Statement page for information on how we collect, protect, store, and use information we receive from visitors to our site.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to website@lotuscars.com.
Links from our site
Any links to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Lotus with respect to our site and supersede all prior or contemporaneous communications, whether oral, written or electronic, between you and Lotus. Should any of these Terms and Conditions be held invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect.
Variations
We may from time to time amend these Terms and Conditions and we reserve the right to do so without notice at any time. The amended version will be published on our site, and your continued use of the website after we publish the amended version will constitute your acceptance of the updated version.
Your concerns
If you have any concerns about material which appears on our site, please contact legal@lotuscars.com or:
Legal Department
Lotus Cars USA, Inc.
47584 Galleon Dr,
Plymouth, Michigan 48170,
United States
Thank you again for your interest in Lotus and your visit to our site.