HOTSPOT PARKING TERMS OF SERVICE

Transcription

1 HOTSPOT PARKING TERMS OF SERVICE HOTSPOT PARKING INC. ( HOTSPOT PARKING ) OWNS AND OPERATES THE WEBSITES LOCATED AT AND (THE WEBSITES ), THE HOTSPOT PARKING APPLICATION (THE APP ) AND THE SERVICES AS DESCRIBED BELOW. THESE TERMS OF SERVICE ( AGREEMENT ) GOVERN YOUR USE OF THE WEBSITES, THE APP AND THE SERVICE. BY DOWNLOADING THE APP AND/OR USING THE WEBSITES OR THE HOTSPOT PARKING SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ANY TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD OR USE THE APP, THE WEBSITES OR THE HOTSPOT PARKING SERVICE OR ANY OF ITS FEATURES. THIS AGREEMENT MAY BE AMENDED OR UPDATED BY HOTSPOT PARKING FROM TIME TO TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THIS AGREEMENT SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. IN ORDER TO USE THE HOTSPOT PARKING SERVICE, YOU MUST REGISTER WITH HOTSPOT PARKING AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW HOTSPOT PARKING USES YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. 1. The Service. The HotSpot Parking Service allows users who have downloaded the App to purchase credits to pay their parking fees. The App uses location based services to provide recommendations of participating businesses that are offering loyalty rewards such as free parking credits and other promotions to users who visit their retail locations (such businesses hereinafter are referred to as Merchants ). You must provide accurate account information, and we will not be liable for any losses or damages arising out of your failure to provide accurate information, including without limitation, losses or damages arising in connection with any unpaid parking tickets where you have provided your incorrect license plate. 2. Parking Credits. There is no fee to download the App, however there is a transaction fee associated with purchasing parking credits. When you purchase parking credits from us, we will charge you a transaction fee which will be visible during the payment process. Purchases of parking credits and the associated transaction fees are non refundable. By purchasing parking credits, you represent and warrant that you are an authorized user of the credit card that you are using to make such purchases. 3. Conduct Guidelines. In using the HotSpot Parking Service you agree that you will: a. Provide accurate account information and keep such information up to date;

2 b. keep your user login details and access to the App secure and not share or disclose the same to any third party. HotSpot Parking will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account, use of your password or compromise of your credit card details. Please contact HotSpot Parking immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security; and HotSpot Parking reserves the right to terminate your access to the HotSpot Parking Service and take appropriate legal action if you are in breach of these requirements or any other terms of this Agreement. 4. Use Restrictions. You shall not and shall not permit anyone to: a. modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the HotSpot Parking Service or the App or access the Websites, the HotSpot Parking Service or the App in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions of the HotSpot Parking Service; or (iii) advertise or promote third party products or services or your own products or services unless you have our express authorization; b. circumvent any user limits or other timing or use restrictions that are built into the HotSpot Parking Service or attempt to gain unauthorized access to parts of the Websites, the HotSpot Parking Service or the App which are not made available to you by HotSpot Parking including access to other users accounts; or c. resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the HotSpot Parking Service (or any of its components) available to any third party without HotSpot Parking s prior written consent. 5. App Terms. If you download the App from a third party platform provider (eg. the AppStore; GooglePlay) ( Platform Provider ), you acknowledge and agree to the following additional terms: This Agreement is concluded solely between HotSpot Parking and you and not with Platform Provider, and HotSpot Parking not Platform Provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the Platform Provider s terms of service, the more restrictive or conflicting Platform Provider term will take precedence and will apply; Platform Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. HotSpot Parking is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Platform Provider, (and if applicable, Platform Provider will refund the purchase price for the App to you) and to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims,

3 losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HotSpot Parking sole responsibility; HotSpot Parking, not Platform Provider, is responsible for addressing any claims you may have or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and Platform Provider, and Platform Provider s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a terrorist supporting country; and (ii) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties. 6. Advertisements. The Websites, the App and the HotSpot Parking Service may include advertisements, which may be targeted. The types and extent of advertising are subject to change. In consideration for HotSpot Parking granting you access to and use of the Websites, the App and the HotSpot Parking Service, you agree that HotSpot Parking and its third party providers and partners may place such advertising on the Websites, the App and the HotSpot Parking Service. 7. Links. The Websites, the App and the HotSpot Parking Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 8. Feedback. If you provide HotSpot Parking with any suggestions, comments or other feedback whether through the App, via or other means ("Feedback"), HotSpot Parking may use such Feedback in the HotSpot Parking Service or in any other HotSpot Parking products or services (collectively, "HotSpot Parking Offerings"). Accordingly, you agree that: (a) HotSpot Parking is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to HotSpot Parking, (c) HotSpot Parking (including all of its successors and assigns and any successors and assigns of any of the HotSpot Parking Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any HotSpot

4 Parking Offerings, and (d) you are not entitled to receive any compensation or re imbursement of any kind from HotSpot Parking. 9. Limitation of Liability. a. HotSpot Parking disclaims any and all liability related to any actions or omissions of Merchants. You acknowledge that the Internet is not a secure medium and privacy cannot be assured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. HotSpot Parking will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information. b. In no event shall HotSpot Parking be liable for damages of any kind, whether arising in contract (including breach of this Agreement), tort, negligence or under any other legal theory, arising out of or in connection with (i) your use, or inability to use or access the HotSpot Parking Service; including without limitation any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, lost opportunities and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. c. HotSpot Parking is not responsible for: (i) losses not caused by our breach; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any end user or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (iii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of Merchants or for any damages or expenses resulting therefrom; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and HotSpot Parking could not have reasonably anticipated that type of loss arising at the time of entering into this Agreement; (v) failure to provide HotSpot Parking or to meet any of our obligations under this Agreement where such delay, cancellation or failure is due to events beyond our control (e.g., a network failure, internet delays, rerouting acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, weather, or road conditions and breakdowns); or (vi) if for any reason, all or any part of the HotSpot Parking Service or the App are unavailable at any time or for any period.

5 10. Disclaimer of Warranties. The Websites, the App and the HotSpot Parking Service are provided as is and HotSpot Parking makes no representation or warranty, and gives no condition, either expressed or implied, or otherwise, including any representation, warranty or condition that the Websites, the App or the HotSpot Parking Service, their contents or any services will be accurate, reliable, timely, secure, error free or uninterrupted, that defects will be corrected, that the Websites, the App or the AppHotSpot Parking Service are free of viruses or other harmful components or that any services obtained through the Websites, the App or the AppHotSpot Parking Service will otherwise meet your needs, requirements or expectations. Any statutory warranties are disclaimed to the maximum extent permitted by law and you hereby waive the benefit of any statutory warranties to the maximum extent permitted by law. For greater certainty, HotSpot Parking will not be liable for any loss or damage caused by a distributed denial of service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the HotSpot Parking Service. Your use of the Websites, the App and the HotSpot Parking Service is at your own risk. 11. Indemnity. You shall indemnify, defend, and hold HotSpot Parking (including its officers, directors, agents, and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively Claims ), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from HotSpot Parking by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you; (b) violation of any law or regulation by you (including, without limitation, any privacy or personal information protection law or regulation); or (c) breach of any warranties or material terms of this Agreement by you. 12. Termination. HotSpot Parking reserves the right to suspend or terminate your access to the HotSpot Parking Service at any time without notice if you are in breach of this Agreement or if HotSpot Parking has reasonable grounds to believe you are in breach of any terms of this Agreement. HotSpot Parking will have no liability to you if HotSpot Parking terminates or suspends your access to the HotSpot Parking Service. If you wish to terminate your use of the HotSpot Parking Service, you may do so by uninstalling the App. Any personal information held about you on termination will be handled in accordance with our Privacy Policy. 13. General Terms. This Agreement and your license to use the App shall not be assigned or transferred by you to anyone without the consent of HotSpot Parking. No failure or delay by HotSpot Parking in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy. This Agreement is governed by the laws of the Province of New Brunswick, Canada and the courts of New Brunswick shall have exclusive jurisdiction to resolve any dispute arising pursuant to this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement (and if applicable, together with any Merchant agreement) constitutes the final, complete and exclusive

6 agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement. Last updated: April 28, 2014.