Test Drive
These terms and conditions (these “Terms”) apply between Polestar Automotive Canada Inc. (“Polestar”/”We”/”Our”) and the individual (“You” / “Your”) for the test drive of a Polestar vehicle, subject to availability, (the “Polestar Vehicle”) ordered through the Polestar test drive portal (the “Test Drive”).
By finalising the Test Drive order and ticking the box confirming Your acceptance of these Terms You confirm that You have read and that You agree to be bound by these Terms.
1. Term
Unless otherwise indicated in these Terms, these Terms apply from the date of Your booking of the Test Drive until return of the Polestar Vehicle (as defined below) at the agreed location.
2. The Polestar Vehicle
2.1.
We will provide a Polestar Vehicle for the Test Drive. We will not charge You anything for the Test Drive.
2.2.
Your booking will allow You one (1) Test Drive of the Polestar Vehicle during the time slot selected by You when booking the Test Drive.
2.3.
Polestar Vehicles available for the Test Drive are subject to availability. Polestar will use reasonable efforts to ensure that You will be able to test drive the chosen Polestar Vehicle but limitations in vehicle availability and unexpected events such as loss, errors or defects to the Polestar Vehicle, etc. may have an impact on Your chances of ordering a Test Drive or Your ability to have a Test Drive.
2.4.
The Polestar Vehicle will be made available to You at the location agreed upon at Your booking of the Test Drive.
2.5.
We make no guarantees that the Polestar Vehicle You will be test driving contains certain features or extras.
2.6.
We retain the right to cancel or change the Test Drive in Our sole discretion.
3. Driver Requirements
3.1.
In order to perform a Test Drive You must be:
3.1.1.
In the possession of a fully valid driver’s licence in the province of the Test Drive;
3.1.2.
In good standing with Your driver’s license issuing authority and have had no disqualifications of Your driver’s license in the last 3 years; and
3.1.3.
Sign test drive waiver
3.2.
You will be required to present Your driver’s license prior to the commencement of the Test Drive. You might be required to consent to a breathalyzer test before test driving the Polestar Vehicle.
3.3.
You understand and agree that Polestar reserves the right to verify Your driving record with the local motor vehicle department.
3.4.
You may not operate the Polestar Vehicle while under the influence of drugs, alcohol, or medications that may affect Your ability to operate the Polestar Vehicle, and You will be subject to liability for any claims that may result from such actions.
3.5.
You agree that You will wear a seat belt and shall cause all passengers in the vehicle to wear a seat belt at all times while driving the Polestar Vehicle.
3.6.
For clarity, You may not let another person drive the Polestar Vehicle during Your Test Drive, except in the case of an emergency.
3.7.
You will advise Polestar immediately if the Polestar Vehicle displays any warning, maintenance or service messages.
3.8.
You will not drive the Polestar Vehicle across any border unless expressly approved in writing by Polestar.
4. Use of the Polestar Vehicle
4.1.
The Polestar Vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose.
4.2.
You are responsible for the Polestar Vehicle during the Test Drive. The Polestar Vehicle must be returned in the same condition as when delivered to You. The Polestar Vehicle shall be returned to the location where it was collected.
4.3.
You shall not do anything in respect of or in connection with the Polestar Vehicle that may contravene applicable road traffic acts or any other applicable legislation.
4.4.
The Polestar Vehicle is only to be used under standard driving conditions unless otherwise expressly agreed with Polestar in writing. You may not drive the Polestar Vehicle off-road, on unploughed roads or in any place where there is a risk of damage to the Polestar Vehicle.
4.5.
Pets, smoking, eating or drinking are not allowed in the Polestar Vehicle during the Test Drive. ESA animals are also not allowed.
4.6.
You are not allowed to remove any parts or accessories from the Polestar Vehicle or to make any other changes to the Polestar Vehicle.
4.7.
You must ensure that the Polestar Vehicle is secure and kept locked and safe when not in use. When parking, You must ensure that the Polestar Vehicle is parked in a safe place.
4.8.
During an accompanied Test Drive, You must follow all reasonable instructions provided by the Polestar Test Drive Specialist.
5. Risk
5.1.
You are liable to Polestar for any and all losses or damages to the Polestar Vehicle or for any injury to any person or third-party property, which occurs during Your Test Drive.
5.2.
You shall immediately inform Polestar of any accident, theft or any damage whatsoever caused to the Polestar Vehicle or any part of it during the Test Drive.
5.3.
You agree that You hold Polestar harmless for theft or loss of Your personal property from the Polestar Vehicle.
6. Fines and Penalties
6.1.
You are liable for and shall promptly pay any costs, fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the Test Drive of the Polestar Vehicle.
6.2.
Polestar reserves the right in its sole discretion to pay all such charges, costs, fines (fixed or otherwise) or penalties in respect of parking, road fees, tolls, driving or similar offences incurred in connection with the Test Drive and to thereafter recover the costs from You.
6.3.
Polestar will comply with any legal requirements and will provide information (including Your name and address) in response to any requests from police or other relevant authorities, as well as private parking companies, owners of roads subject to congestion charges etc., for the purposes of identifying the user of a Polestar Vehicle at a particular date and time in respect to any alleged speeding/parking fines/road fees/tolls; penalties and motoring offences and congestion charges. See section 11 below for more information about the processing of Your personal data.
7. Warranty
You accept that Polestar gives no warranty of any nature relating to the Polestar Vehicle other than the standard manufacturer’s warranty applicable to the Polestar Vehicle. To the fullest extent permitted by law, Polestar excludes all warranties, conditions or other terms implied by statute or common law.
8. Liability
In no event shall Polestar, its affiliates, and their respective officers, agents, and employees , be liable or responsible for any loss or damage of any kind arising out of or in connection with the Test Drive and any failure to perform or delay in the performance of Our obligations under these Terms, except for as may be required under mandatory law.
You further agree that You waive for Yourself and on behalf of Your heirs, heirs, executors, administrators, successors and assigns any and all claims for any liability arising from Your Test Drive of the Polestar Vehicle.
9. Indemnification
You shall indemnify Polestar for any and all losses or other damages resulting from Your Test Drive and Your obligations under these Terms, including but not limited to (i) loss or damage to third-party property and (ii) all liability for illness, injury or death of a third party as well as any costs, claims and damages that might occur as a consequence thereof. This indemnification shall not apply to any loss, injury, illness or death that is strictly and solely caused by the gross negligence of Polestar.
10. Force Majeure
Polestar shall be relieved of from performance of the Test Drive or any liability arising out of any failure to fulfill an obligation under these Terms if the fulfilment is prevented as a consequence of an Act of God, war, fire, flood, explosion, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts or threats of acts of terrorism, epidemics, governmental acts, or interruption in utilities or any other cause beyond the reasonable control of the Polestar.
11. Privacy Policy
We are responsible for, and shall be considered the controller of, the personal data processed in connection with Your order for a Test Drive and these Terms. All processing will take place in accordance with applicable legislation concerning processing of personal data, and in accordance with Our Privacy Policy as well as Our Information Notice for Test Drives.
12. General
12.1.
If any clause should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.
12.2.
Polestar reserves the right to amend these Terms at any time without notice. The version of the Terms that will apply to Your order will be those that You agreed to at the time You placed Your Test Drive order.
13. Governing Law and Arbitration
13.1.
Unless otherwise required by mandatory law, these Terms are governed by, and to be interpreted according to, the laws of the Province in which You participated in the Test Drive.
13.2.
CLASS ACTION WAIVER. I HEREBY WAIVE ANY RIGHT I MAY HAVE TO PARTICIPATE IN A CLASS ACTION, BRING A CLASS ACTION, OR PROCEED ON A CLASS BASIS.
ARBITRATION:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim, dispute, or controversy without filing a lawsuit. By agreeing to arbitrate, the right to go to court is waived and instead claims, disputes or controversies are submitted to binding arbitration. This provision sets forth the terms and conditions of Our agreement.
By agreeing to this provision, You elect to have disputes resolved by arbitration.
If any dispute occurs between You and Polestar, either party may serve notice of its submission of a dispute to arbitration. The dispute will be resolved by arbitration under the auspices of ADR Chambers Inc. by one arbitrator and in accordance with either the general ADR Chambers Rules for Arbitration or ADR Chambers Expedited Arbitration Rules chosen by us in Our discretion. You or Polestar may seek remedies in small claims court or provisional judicial remedies without arbitrating.
The arbitration proceeding will be conducted in English and will take place in the city in which the Test Drive was completed, unless otherwise mutually and reasonably agreed upon by You and Polestar.
The sole arbitrator will be appointed by Polestar and must declare himself or herself to be generally conversant with automotive or consumer finance. The parties expressly agree to confer upon the arbitrator the powers to fill gaps, cure contractual omissions and to perform all other activities which he or she may deem necessary and/or opportune.
The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario), or such other statute governing arbitrations as may exist in the province in which the order was completed. The decision arrived at by the arbitrator will be final and binding and there will be no right to appeal.
The award of the arbitrator will be the sole and exclusive remedy between You and Polestar regarding any claims and counter-claims presented to the arbitrator. You and Polestar agree to fully and punctually abide by the award rendered by the arbitrator, failing which judgment upon the award or any other appropriate procedures may be entered in any court having jurisdiction.
The final award will be payable in the lawful currency of Canada without deduction or offset and costs, fees or taxes incidental to the enforcement of the arbitration award shall be charged in accordance with the decision of the arbitrator against a party resisting enforcement. Payment of the award including interest from the date of breach and violation shall be made in accordance with the relevant provisions of these Terms. Polestar will pay filing and arbitrator fees up to $5,000 unless the law requires more. The costs of any other fees will be shared equally by the parties at first instance; however, the arbitrator shall have the jurisdiction to award costs of the arbitration to include the cost of the arbitrator. Polestar will not seek fees unless the claims are found to be frivolous.
14. Contact information
If You have any questions, please contact us via www.polestar.com/en-ca/polestar-support