LAST UPDATED:04/April/2025
These terms and conditions (“Terms”) apply to all Services (as defined below) provided or arranged by OneUpMad Productions Inc. d/b/a ParkChamp ("us", "we" , “our” or “ParkChamp”) to or for you, the recipient of the Services ("Driver" or "you").
IMPORTANT DISCLAIMER: PARKCHAMP DOES NOT MAKE PARKING STALLS AVAILABLE TO DRIVERS; IT ONLY FACILITATES DRIVERS ENTERING INTO DIRECT RELATIONSHIPS WITH OWNERS UNDER THE TERMS OF PARKING STALL PERMIT AGREEMENTS [https://parkchamp.ca/agreements/parking-stall-permit-agreement.html] THAT EXISTS BETWEEN YOU AND THE OWNER OR CONTROLLER OF THE PARKING STALL. PARKCHAMP IS NOT PARTY TO ANY AGREEMENT REGARDING ACCESS TO OR USE OF A PARKING STALL, AND EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER CLAIM OR LIABILITY OR ANY TYPE THAT MAY ARISE FROM YOUR USE OF OR ACCESS (OR ATTEMPTED ACCESS) TO ANY PARKING STALL.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SAFETY OF YOURSELF, YOUR VEHICLE AND YOUR PASSENGERS ON OR AT ANY SITE OR PREMISES WHERE A PARKING STALL IS LOCATED. WITHOUT LIMITING THE FOREGOING, WHEN YOU USE THE SERVICES TO ACCESS A SITE WHERE A PARKING STALL IS LOCATED YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE SERVICES HAVE BEEN CORRECTLY USED AND ENSURING THAT ANY BARRIER, GATE OR OTHER SIMILAR PHYSICAL DEVICE DOES NOT COME INTO CONTACT WITH YOU, YOUR VEHICLE, YOUR PASSENGERS OR ANY OTHER PERSON FOR WHOM YOU ARE RESPONSIBLE.
PARKCHAMP DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL BE ABLE TO ACCESS ANY PARKING STALL, OR THAT ANY PARKING STALL OR SITE OR PREMISES AT WHICH A PARKING STALL IS LOCATED WILL BE SUITABLE FOR YOUR VEHICLE. WITHOUT LIMITING THE FOREGOING, PARKCHAMP MAKES NO REPRESENTATION OR WARRANTY THAT THE HEIGHT, WIDTH OR ANY OTHER PHYSICAL CHARACTERISTIC OF A SITE OR PREMISES AT WHICH A PARKING STALL IS LOCATED WILL BE SUITABLE FOR YOUR VEHICLE OR THAT ATTEMPTED ACCESS OR USE WILL NOT DAMAGE OR INJURE YOUR VEHICLE, YOU, YOUR PASSENGERS OR ANY OTHER PERSON. YOU ARE SOLELY RESPONSIBLE FOR MAKING SUCH ASSESSMENT.
Purpose
These Terms will apply at any time when you use the ParkChamp mobile app (“ Mobile App”), website at parkchamp.com or parkchamp.ca (“Website”), or otherwise have an Account (as defined below) with us or our services offered through them("Services") and by continuing to use the Mobile App, Website or Services you accept these Terms and they will apply to the agreement between you and us (the "Agreement"). The Services include in particular enabling you to reserve, pay for and/or access parking stalls (“Parking Stalls”) and to enter into a direct agreement with an owner or controller of a Parking Stall (“Owner”) in respect of the foregoing. The Services facilitate your dealings with Owners in respect of the Parking Stalls, and ParkChamp is not responsible for any Parking Stall or your use of any such Parking Stall. ParkChamp’s sole obligations to you are as expressly set out in these Terms.
These Terms may be amended from time to time. Any amendments or new changes to these Terms will be available on our Mobile App and Website at the time you use any of our Services. The amended Terms will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments by deactivating your account and by ceasing to use our Services. By continuing to use our Mobile App, Website or Services you will be deemed to have accepted the new Terms.
Please note that these Terms apply only to the provision of Services directly by us to you (i.e. the service we offer facilitating your ability to book and/or access Parking Stalls from Owners. The granting of permits to use Parking Stalls by Owners is dealt with under the terms of a separate parking stall permit agreement (the “Parking Stall Permit Agreement”) with the Owner either (i) as set out here [https://parkchamp.ca/agreements/parking-stall-permit-agreement.html] or (ii) where you have separately entered into a parking agreement in writing with such Owner. You agree that we may share relevant details from your account with the Owner including but not limited to your license plate. In the event of any dispute we reserve the right to share your full contact details with the Owner.
This Agreement is with you, the account holder or person using the Services and you will be responsible for ensuring that any person (an “Authorized Person”) you allow to use a Parking Stall, of which you have been granted a booking and/or access, complies with the terms of this Agreement and the Parking Stall Permit Agreement .You agree that you are responsible for the conduct of any such Authorized Person.
The Parking Stall Permit Agreement and any additional restrictions included in an Owner’s listing and communicated to you at the time of booking and/or access are a contract between you and the Owner. We are not a party to that agreement and we will not be liable to you, the Owner or any third party for any breach of the Parking Stall Permit Agreement or otherwise in relation to your use or attempted use of the Parking Stall or anything that occurs on the site or premises at which the Parking Stall is located. We are not a real estate broker, agent or insurer. We have no control over the conduct of Drivers or Owners or of the condition of the site or premises at which the Parking Stall is located and disclaim all liability in this regard to the fullest extent permissible by law.
Registration
Registration is not necessary to be able to access the Mobile App or Website. However, to be able to book and/or access a Parking Stall through us, whether (i) as a daily, hourly, monthly or on-demand parker; (ii) or as a tenant, you must either (i) have registered and have an account with us; or (ii) provided the required information requested on the Mobile App (each, an "Account").
To register or make a booking we will require that you provide us with your name, phone number, email address, your license plate number(s) and payment information. You understand that it is your responsibility to provide us with valid and up-to-date information at all times. You understand that you must provide valid license plate(s) so that we may register those vehicles associated with your account with a parking permit. The Driver understands that in the case that they do not supply valid license plate information for a vehicle parked in any Parking Stall, the Driver may be subject to additional fees, ticketing and/or towing. We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to our data privacy obligations, which are set out in our privacy policy (“Privacy Policy. The Privacy Policy forms part of this Agreement).
You must supply a valid email address when registering so that we can email you information relating to your use of our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a booking confirmation or any other information from ParkChamp. If you become aware that you have supplied an invalid email address, please immediately correct the information on your Account. You are responsible for ensuring all required information is valid and up to date.
You will also be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Mobile App, Website or use our Services they will be deemed to be acting as an agent for you.
We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password, under any circumstance, and is using your Account without authorization from you, please notify us immediately using the support system on the Mobile App or Website or by emailing us at Support@ParkChamp.ca and we will suspend or close the Account at our discretion.
Parking Stall Use and Payment
If you wish to use a Parking Stall on a daily, hourly, monthly or on-demand basis, you may use the Services through the Mobile App or Website to make a booking of that Parking Stall, subject to its availability and the terms of this Agreement. Your booking of a Parking Stall is only confirmed if this is expressly communicated to you through the Service. To access and manage a Parking Stall as a tenant, you may use the Services through the Mobile App or Website.
When you use the Services to book and access (as a daily, hourly, monthly or on-demand parker) or access (as a tenant) a Parking Stall, you will have entered into a binding Parking Stall Permit Agreement with the Owner for the use of their Parking Stall.
It is the Drivers responsibility to follow instructions and information provided by ParkChamp, signs or information posted in the parking facility or by the Owner in relation to their use of the Parking Stall, length of stay, payment required and additional instructions.
The full payment amount for monthly and daily parking is due in advance. For daily parking, payment is due at the time you make a booking. For monthly and tenant parking payment is due on the 1st business day of each month. For hourly or on-demand parking, payment will be due when you exit the parking lot for the amount of time stayed. Additionally, further payments may be due under the terms of the applicable Parking Stall Permit Agreement. The foregoing may also be amended by the terms of the applicable Parking Stall Agreement, and if so we may require you to execute a direction to pay addendum or similar. You authorize us to process payment of all such amounts as and when they become due for payments made through PAD or Credit Card. You agree that ParkChamp is authorized to automatically charge the payment method on file for any previous monthly payment that is in arrears in the current month. You understand that if payments made by EFT or cheque are not received by the time they are due, you may be subject to additional fees or penalties as a result.
We are authorized by you and the Owner to accept payment from you on the Owner’s behalf.
You agree that with respect to hourly, daily, monthly or on-demand parking, ParkChamp may change the rates from time to time or rates may fluctuate. The rate you agreed to at the time of booking will not change during that booking.
Furthermore, for parking payments due, you understand that ParkChamp may use “Merchant Initiated Transactions”. For the purposes of this paragraph, “Merchant Initiated Transactions” means payments that happen automatically when a Driver is using the Services. You authorize ParkChamp to send instructions to the financial institution that issued the credit card to you to take payments from such card account in accordance with the terms of this Agreement to pay for the amount due for your parking session. The amount due for your parking session is based on your length of stay or for the type of permit you hold as communicated to you through the Services.
Owners Responsibility
We are not responsible for the location or condition of a Parking Stall, its availability or the conduct of the Owner or the conduct of other Drivers. By making a booking or utilizing tenant parking you are entering an agreement with the Owner under which the Owner is bound to provide you with the Parking Stall, subject always to the Parking Stall Permit Agreement and/or applicable lease agreement.
We endeavor to ensure that we provide a good service and that Owners offer a good service and provide their Parking Stall in accordance with the Parking Stall Permit Agreement, but we accept no responsibility and will have no liability to you if the Parking Stall or the services of the Owner generally do not meet your requirements, or you find them unsatisfactory in any way. Your right of action or claims in such circumstances will be made against the Owner but we may assist, at our discretion, in resolving a dispute between you and the Owner.
Complaints and Disputes
You agree that ParkChamp may mediate (at our discretion) should any dispute concerning the Parking Stall arise between you and the Owner, however this dispute is between you and the Owner.
In the event that there is a dispute that is not resolved between you and the Owner, you may refer the dispute to us or make a complaint to us in writing within 24 hours from the time the Booking Period or access begins. The complaint must be submitted by email to support@parkchamp.ca. You authorize us to deal with the dispute or complaint as we see fit and you agree to abide by any decisions we may make in such circumstances which may include requesting that you pay any outstanding amounts in relation to the relevant booking or requiring the Owner to refunds any payments that they have received.
Publicity
We may make reference to you, or use the comments made by you about Owners, Parking Stalls or ParkChamp posted on our Mobile App or Website and additional advertising channels as we see fit at any time in the future to publicize ParkChamp or our Mobile App, Services or Website. We may contact you at any time regarding your use of a Parking Stall, for marketing or promotional purposes, or to let you know about new features or parking locations.
Cancellation, Refund and Overstay Policy
You agree to be bound and to abide by the ParkChamp Cancellation, Refund and Overstay policies [https://parkchamp.ca/agreements/cancellation-refund-overstay-policy.html] (“Policy” or "Cancellation, Refund and Overstay Policy The Policy may be updated from time to time and by continuing to use the Mobile App, Website or our Services you will be deemed to have accepted the updated Policy. For tenants, where the terms of the Policy are in conflict with your lease or parking agreement with the Owner, the terms of your agreement with the Owner will prevail.
You agree that if we are required to process a cancellation, we will do so in accordance with the Cancellation, Refund and Overstay Policy and you may be subject to fee for a cancelled booking.
Refunds (if any) will be processed solely in accordance with the Cancellation, Refund and Overstay Policy.
In the event of an overstay, you may be liable to pay associated costs (as provided for under the Cancellation, Refund and Overstay Policy) to ParkChamp or the Owner and will be charged through the Mobile App. In addition, you agree that you understand your vehicle will be subject to further ticketing and for towing and you will be liable for all fines and related costs of the towing and impounding of your vehicle.
Your obligations
You agree to:
a. be bound by, observe and act in accordance with each Parking Stall Permit Agreement and parking lease agreement where applicable;
b. not use the Parking Stall, the property on which the Parking Stall is located or deal with the Owner or any other Driver in any way which could be deemed to be harmful to the business or reputation of ParkChamp or the Owner or do anything which might adversely affect our relationship with an Owner;
c. not attempt to book any Parking Stall advertised on our Mobile App or Website other than through the booking procedure described in this Agreement;
d. provide us with accurate information and ensure that all details that we hold about you (including your contact information, vehicle details and credit card information) are up to date and valid;
e. not use the Mobile App, Website or our Services in any way which may detrimentally affect the reputation of ParkChamp or the use and enjoyment of the Mobile App, Website, or our Services by any other users or third parties;
f. maintain insurance and valid registration on the vehicle(s) as required by applicable law; and
g. where applicable, only provide us with credit or debit card details for which you are the sole card holder.
You agree that you will not create any false account with ParkChamp or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings (including, but not limited to, misuse of promo codes supplied by ParkChamp ) or money laundering.
You warrant that:
a. you have the power and authority to enter into this Agreement and these Terms and any agreement with an Owner for the use of a Parking Stall; and
b. you have a valid driving license, vehicle registration and insurance; and
c. if living in Canada any provincial or federal fees, taxes or charges outstanding on your vehicle are paid up. If living outside of Canada any state or federal fees, taxes or charges related your vehicle or registered license are paid in full.
Termination and Suspension
You may terminate this Agreement at any time by both unregistering your Account, and/or ceasing to use the Mobile App, Website and our Services, but upon termination you agree to honor (i) any outstanding bookings (including all payments made by you for those bookings) ; and (ii) any applicable cancellation penalties or policies as laid out in the Cancellation, Refund and Overstay Policy and (iii) the terms of your existing parking agreement with the Owner, where applicable . From the date this Agreement is terminated, any new or outstanding bookings for the Parking Stall will be cancelled but the Agreement will continue in respect of those outstanding bookings.
We may suspend or close your Account at any time should you be in breach of these Terms, your lease obligations, where applicable, or any term of a Parking Stall Permit Agreement.
If we suspend or terminate your Account or access to the Mobile App, or Website for any reason, we may refuse to provide you with any Services including the right to make any further bookings or access any Parking Stalls in the future. If you attempt to elude this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
We may terminate this Agreement and your Account at any time if:
a. you are in breach of any term of this Agreement,
b. we have any reason whatsoever to believe that you are not authorized to be granted a permit from an Owner for the use of a Parking Stall that is advertised through ParkChamp,
c. you do anything to put the goodwill or reputation of ParkChamp at risk,
d. you cancel a booking other than in accordance with the Cancellation , Refund and Overstay Policy,
e. you refuse to cooperate with us or an Owner in accordance with this Agreement,
f. we suspect that you are about to commit a breach of this Agreement,
g. you fail to provide valid payment, or
h. we become aware that you do not hold valid insurance or registration on your vehicle.
Insurance
You will be entirely responsible for any and all insurance that you may require for the purposes of using a Parking Stall.
Non-solicitation
You will not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, individual or business relation of ParkChamp or any other Driver or Owner through any communication (including written and oral communication) made by you or a third party to transact or perform similar services or activities (including the use or booking of Parking Stalls in exchange for any form of payment – unless you are a tenant and subleasing is permitted under your parking agreement with the Owner) outside of the Mobile App or Website or through our Services.
Disclaimers
In addition to the disclaimers set out at the start of this Agreement, the following disclaimers will also apply:
Your liability
Our Liability
ParkChamp will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will ParkChamp be liable for any direct, consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Mobile App, Website or Services, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Mobile App, Website or Services or any booking with an Owner or any use of the Parking Stalls advertised through our Mobile App, Website, or made available through our Services to the fullest extent permissible by law, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from the Mobile App, or Website, (v) any bugs, viruses, “Trojan horses” or Malware, or the like, which may be transmitted to or through the Mobile App, or Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Mobile App, Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and you further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability will apply to the fullest extent permissible by law in the applicable jurisdiction.
For the avoidance of doubt, ParkChamp will have no liability to you whatsoever for any act or omission of the Owner in association with the Parking Stall or your booking and/or access. We will not be liable to you in the event of any claim made by an Owner against you and we will not be required to return any money received by us under this Agreement to either you or an Owner in such circumstances.
Without limiting the above, our liability to you for all losses under this Agreement or which you may otherwise suffer through your actual or attempted use of the Mobile App, Website, Services, a Parking Stall or otherwise at a site or location where a Parking Stall is located is limited to the total amount paid by you to us under this Agreement for the booking to which the claim relates.
No claim may be brought against us in relation to this Agreement more than 6 months following the date on which your booking to which such claim relates was last made or promoted on our Mobile App or Website.
You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our service includes only the provision of the Mobile App, Website and Services, and services ancillary thereto. The responsibility for the Parking Stall and fulfillment of a booking lies solely with the Owner for whom we act only as an agent in a limited capacity.
Use of the Parking Stall for Vehicle Charging
You will be responsible for any damage caused to any property, or for any injury to any person due to a breach of these Terms by you or your Authorized Person or for your or your Authorized Person’s misuse or negligence or failure to comply with any user instructions or guidance in relation to charging a vehicle or electric vehicle. You must notify us immediately of any damage or of any injury resulting of from this instance.
Carpool Clause
Carpool rates are available only for those vehicles who park with a minimum of one driver and one passenger. Both parties will be employed by Tenants in the ECD owned and operated by the Oxford Group. Proof is required to enroll for carpool parking and will be required from time to time as requested by ParkChamp or the Owner. If sufficient proof of carpooling is not given, the driver may be subject to additional fees subject to the discretion of ParkChamp and the Owner.
General
No term of this Agreement will be enforceable by any person that is not a party to it.
ParkChamp will be entitled to assign or sub-contract our obligations under this Agreement.
Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties that renders the performance of the Agreement impossible
Each party acknowledges that this Agreement, the Cancellation, Refund and Overstay Policy and the Privacy Policy contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it
You agree that these Terms are fair and reasonable in all the circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement will either be or be deemed to be a waiver or in any way prejudice towards any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and will not be deemed to be any indication of the meaning of the clauses to which they relate.
ParkChamp reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Mobile App and the Website and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. Your continued access to or use of the Services will constitute acceptance of the revised Terms.
This Agreement will be governed by the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. No choice of laws rules of any jurisdiction will apply to this Agreement. The provincial and federal courts located in Calgary, Alberta, Canada, will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party or of any other instance.