TERMS OF USE

These Terms of Use ("Terms") are a binding agreement between you and Wicked Trucks ("Wicked Trucks," "we," "us," "our"), governing your access to and use of wickedtrucks.ca and all related services (the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

We may update these Terms from time to time. Continuing to use the Services after an update means you accept the revised Terms.

1. What Wicked Trucks Is

Wicked Trucks is a marketplace platform. We connect buyers with independent, verified dealers of specialty and upfitted trucks across Canada. We do not own, sell, inspect, or certify any vehicle listed on the Services. Every vehicle is owned and sold by the listing dealer, not by Wicked Trucks. Our role is to facilitate discovery, communication, and deposit holds between buyers and dealers.

Dealers are independent businesses. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between Wicked Trucks and any dealer or buyer. Dealers are solely responsible for their own vehicles, listings, and transactions, and act on their own behalf, not as agents or representatives of Wicked Trucks.

2. Eligibility

Anyone may browse the Services. You must be at least 18 years old to place a deposit or to act as the account holder for a dealer application. Anyone may submit a dealer application, but submitting one does not guarantee approval — we may accept or reject any application, in our sole discretion, for any reason.

3. Accounts

Buyers do not need an account to browse listings or contact dealers. Placing a deposit requires accurate contact information (name, email, phone).

Dealers must apply, and we may approve or reject any application in our sole discretion, before a dealer may list vehicles. You agree to keep your login credentials confidential and are responsible for all activity on your account. We may suspend or terminate a dealer account at any time, including for providing false, inaccurate, or misleading information, or for violating these Terms.

4. Dealer Subscription & Billing

New dealers receive a 7-day free trial. At the end of the trial, your chosen subscription plan begins billing automatically unless you cancel before the trial ends.

Subscriptions renew automatically each billing period until cancelled. You can cancel at any time from your dealer portal. Cancelling stops future billing, but does not refund the current paid period. Your listings and portal access remain active until the end of the period you've already paid for.

We may change subscription pricing from time to time. We'll notify dealers of any price change before it takes effect. All payments are processed in CAD through Stripe.

5. Deposits & Holds

A deposit placed on a vehicle listing is a refundable hold, not a purchase and not a final sale. Placing a deposit authorizes a card for the hold amount shown at checkout — funds are not captured (charged) unless and until the dealer confirms the hold.

• If the dealer confirms, the authorization is captured and the vehicle is reserved for you as agreed with the dealer directly.
• If the dealer declines, or does not respond within the stated window, the authorization is released automatically and no charge occurs.
• A deposit does not guarantee the vehicle will ultimately be sold to you — final sale terms are agreed directly between you and the dealer.
• A small platform fee is retained by Wicked Trucks from confirmed deposits; this is disclosed at the time of the hold.

Deposits are placed in good faith. Using the hold feature to block a listing without genuine purchase intent is a prohibited activity under Section 8.

6. Dealer Responsibilities

• Listings must accurately describe the vehicle's condition, price, and availability.
• Dealers must respond to inquiries and holds in a timely manner.
• Confirmed holds should be honoured in good faith.
• Dealers are solely responsible for the accuracy of their listings and for complying with all applicable vehicle sale laws and regulations.

7. Vehicles Are Sold "As-Is" By the Dealer

Wicked Trucks does not inspect, certify, warrant, or guarantee the condition, safety, or accuracy of any vehicle listing. All vehicles are sold directly by the listing dealer, on terms agreed between the buyer and that dealer. Buyers are encouraged to inspect any vehicle and review all documentation before completing a purchase.

8. Prohibited Activities

You agree not to:

• Scrape, systematically collect, or republish listing data without permission
• Create fake accounts or fake listings
• Circumvent platform fees by taking a deal off-platform after connecting through Wicked Trucks in bad faith
• Place deposits without genuine purchase intent, or otherwise abuse the hold system
• Use contact information obtained through an inquiry or deposit for any purpose other than completing that specific transaction, including adding it to a marketing list without separate consent
• Attempt to access accounts, data, or systems you're not authorized to access, or attempt to bypass any security or access-restriction feature of the Services
• Trick, defraud, or mislead us or other users, including any attempt to learn another user's password or account details
• Use automated tools, bots, scripts, or scrapers to interact with the Services, except standard use of a search engine or browser
• Upload or transmit viruses, malicious code, or anything designed to disrupt, damage, or gain unauthorized access to the Services
• Collect other users' emails or phone numbers by automated or other means for the purpose of sending unsolicited messages
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services
• Interfere with or disrupt the Services or the servers/networks connected to them
• Impersonate any person or entity, or misrepresent your affiliation with one
• Harass, threaten, or intimidate any other user, dealer, or Wicked Trucks employee or agent
• Submit false reports of abuse or misconduct, or otherwise misuse our support channels
• Use the Services for any unlawful purpose

Violating this section may result in suspension or termination of your access, and, where applicable, legal action.

9. Intellectual Property

The Wicked Trucks name, logo, site design, and underlying software are owned by us or our licensors and protected by copyright and trademark law. You may view and use the Services for their intended personal or business purpose (browsing, buying, or listing vehicles), but may not copy, reproduce, or repurpose our Content or Marks for any other commercial use without our written permission.

Dealers retain ownership of their own listing photos and content but grant Wicked Trucks a license to display that content on the Services for the purpose of operating the marketplace.

10. User Contributions

Any content you submit through the Services — including vehicle listings, photos, descriptions, reviews, messages, or other material ("Contributions") — must comply with the following. By submitting a Contribution, you represent and warrant that it:

• Does not infringe the copyright, trademark, trade secret, or other rights of any third party
• Is yours to submit, or you have the necessary rights and permission to submit it
• Is not false, inaccurate, or misleading
• Is not obscene, harassing, defamatory, discriminatory, or otherwise objectionable
• Does not violate any applicable law or the privacy or publicity rights of any third party
• Is not unsolicited advertising, spam, or a chain letter

You retain ownership of your Contributions, but grant Wicked Trucks a license to display, reproduce, and distribute them on the Services for the purpose of operating the marketplace. We are not liable for the content of any Contribution and may remove any Contribution, or suspend the account responsible for it, at our discretion.

If you send us feedback, ideas, or suggestions about the Services, you agree we may use them for any purpose without compensation or attribution to you.

11. Third-Party Services

The Services rely on third-party providers to operate, including Stripe (payments) and Mapbox (mapping), as well as other providers supporting search, hosting, and infrastructure. We are not responsible for outages, errors, or issues originating from these third-party providers, though we'll do our best to keep the Services running smoothly regardless. Details on which providers process your personal information are set out in our Privacy Policy.

12. Services Management & Corrections

We may, but are not obligated to: monitor the Services for violations of these Terms; restrict, remove, or disable any listing or Contribution at our discretion; take action against anyone who violates these Terms or the law, including reporting them to authorities; and otherwise manage the Services to protect our rights and keep them running properly.

The Services may contain typographical errors, inaccuracies, or outdated information — including in listing prices, specs, or availability set by dealers. We reserve the right to correct any error and update information at any time, without prior notice, and are not bound by a price or detail that was clearly a mistake.

13. Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY OF ANY VEHICLE LISTING, DEALER INFORMATION, OR THIRD-PARTY CONTENT ON THE SERVICES.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WICKED TRUCKS AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING DISPUTES BETWEEN BUYERS AND DEALERS. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE CLAIM AROSE, OR (B) $100 CAD.

15. Indemnification

You agree to defend, indemnify, and hold Wicked Trucks harmless from any claim, loss, or expense (including reasonable legal fees) arising from your use of the Services, your breach of these Terms, or your violation of any law or third-party right.

16. Term & Termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access at our discretion, including for violation of these Terms, without prior notice.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Any dispute arising from these Terms will first be addressed through informal negotiation for at least 30 days. If unresolved, disputes will be finally settled by arbitration seated in Winnipeg, Manitoba, conducted in English, except for disputes involving intellectual property rights, unauthorized use, or claims for injunctive relief, which may be brought before the courts of Manitoba.

Any arbitration will be limited to the dispute between the individual parties. Disputes may not be joined with any other proceeding, brought as a class action, or brought in a representative capacity on behalf of the general public or any other persons.

18. Changes to the Services

We may modify, suspend, or discontinue any part of the Services at any time. We are not liable for any loss resulting from downtime, modification, or discontinuation of the Services.

19. Privacy

Our Privacy Policy describes how we collect, use, and protect your information, and is incorporated into these Terms by reference.

20. User Data

We maintain certain data you transmit through the Services — including listings, messages, and deposit records — to operate and improve the Services. While we take reasonable measures to safeguard this data, you are responsible for the accuracy of anything you submit, and we are not liable for loss or corruption of data resulting from causes outside our reasonable control.

21. Miscellaneous

These Terms constitute the entire agreement between you and Wicked Trucks regarding the Services. If any part of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a right under these Terms is not a waiver of that right.

We may assign or transfer these Terms, in whole or in part, to another party at any time, including in connection with a sale, merger, or transfer of the business. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, internet or infrastructure outages, or third-party service failures.

22. Reviews & User Content

If the Services allow you to post reviews, ratings, or other content, you agree that your content will be accurate, will not be defamatory, abusive, or discriminatory, and will not violate any third party's rights. We may remove any content at our discretion and are not obligated to screen or monitor user content, though we may do so. Content you post does not represent the views of Wicked Trucks.

23. Electronic Communications, Transactions & Signatures

Using the Services, sending us emails, and completing online forms all count as electronic communications. You consent to receive communications from us electronically, and agree that any electronic agreement, notice, or record satisfies any legal requirement that such communication be in writing.

24. Contact Us

Wicked Trucks
info@wickedtrucks.ca