Terms of use

Introduction

1. The Website parkchamp.ca (the “Website") is an online parking stall networking agency which allows you to list and rent out your parking stall from anywhere in Canada.

2. The ParkChamp Website is operated by OneUpMad Productions Inc. ("we" or "us") and registration is open to individuals that visit the Website.

3. These terms (“Terms, Terms of Use”) will apply to anyone who views or uses the Website ("you").

4. Whether you register or not you will be bound by these Terms of Use in full and you also agree to be bound by the terms of our Privacy Policy which explains the use we are authorised to make of your personal information.

5. These Terms of Use relate to your passive use of the Website, if you wish to list a parking stall through the Website you will also need to enter into a Parking Stall Permit Agreement (with the drivers who book your stall) and you will be bound by our Owner Agreement.

6. If you are a driver wishing to book parking stalls using ParkChamp you will be bound by our Driver Agreement and may access our agency services through downloading the ParkChamp Mobile App through the link on our Website.

7. Please note that these Terms of Use may be amended from time to time. Notification of any changes will be made by posting new Terms onto the Website. In continuing to use the Website you confirm that you accept the then current Terms in full at the time you use the Website.

Registration

1. In order to become a registered user on the Website you will have to provide some basic personal information.

2. You agree that all information supplied on registration is true and valid (accurate and up-to-date).

3. We may use the information you provide us with upon registration in accordance with our Terms and Conditions to which you will be required to agree at the time you register an account with us.

4. You may not have more than one owner account on the Website. We reserve the right to delete or cancel your account(s) if we suspect or have discovered that you possess more than one owner account with us.

5. You are not entitled to allow any other person to use your account. You may not impersonate or act on behalf of any other person or on any other account that is not registered to you.

6. If we receive correspondence from you in writing by using the support icon on our Website or by emailing us at Support@parkchamp.ca requesting us to cancel your account then we will terminate your account but you will still be bound by these Terms.

7. We reserve the right to terminate your account immediately without notice if in our opinion you have breached these Terms.

Use and Abuse of the Website

1. You may not use the Website to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.

2. ParkChamp reserves the right at our sole discretion to remove any content from the Website, terminate your account or membership and restrict your access to our services or the Website at any time for any reason.

3. You may not download or modify any part of the Website (excluding http cache or web cache) without express written consent from ParkChamp.

4. In the event that you are informed that you will no longer be entitled to access the Website or use our Services you will not be entitled to create a new account in the future.

Advertising and Commercial Use

1. You are not entitled to directly advertise or solicit the personal information of any other person using our Services or accessing our Website.

2. You are not entitled to resell or commercially exploit the Website's contents (other than content you have posted). You are not entitled to use data gathering and extraction tools (including but limited to data mining or robots) to collect any personal information or any other data from the Website for the purposes of sending unsolicited email or for any other use.

3. In the event that you are found by us to have been sending unsolicited email to our users then we reserve the right to terminate without notice your use of the Website without limiting any other rights and remedies we may have.

Our Liability

1. The material displayed on our Website is provided on an “as is” basis and does not provide any guarantees, conditions or warranties as to its truthfulness or accuracy.

2. ParkChamp expressly excludes all conditions, warranties and any other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity to the fullest extent permissible by law.

3. ParkChamp will not be liable for any breach of these Terms of Use caused by circumstances beyond our reasonable control or caused by any other users of the Website or by any third parties.

4. Although we aim to offer you the best service possible, we make no guarantees that the services offered to you by us through the Website will meet your specific standards or that the services will always be offered without any faults, temporary failures or interruptions.

5. In order to allow for repairs and maintenance or for new features to be added to the Website your access may be temporarily restricted. We will attempt to restore the Website and our services as soon as possible.

6. Any interruptions to your access to the Website or our services shall not constitute a breach on our part to these terms.

7. We will not be liable for any business, financial, or economic loss including but not limited to consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Website whether such loss is incurred or suffered as a result of our negligence or for any other reason.

Communication

1. We request that all information provided to us by you is accurate, current and complete.

2. All notices sent to you will be sent to the email address provided to us by you upon the time you register an account on the Website. You are required to notify ParkChamp of any changes or amendments to the personal and contact information you have provided us with.

3. By accepting these Terms of Use you consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

4. Personal information that you supply to us will not be disclosed by us to any third party except in accordance with our Privacy Policy as well as our Policies and Agreements (our Terms and Conditions). You agree that we may use the personal information supplied by you in accordance with our Privacy Policy and our Terms and Conditions which are both available to you on our Website.

Other Websites and Linking

1. The ParkChamp Website may include links to other websites or materials. We are not responsible for any information relayed to you by any other websites for which we may have provided a link to you.

2. You may link to the ParkChamp Website as long as you do so in a fair and legal manner. You may not link to or refer to ParkChamp in any way that may damage our reputation or take advantage of it. Furthermore, you must not establish a link in any such a way as to suggest any form of association, approval or endorsement on our part where none exists.

3. You must not establish a link from any Website that is not owned by you.

4. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than to the home page.

5. We reserve the right to withdraw any linking permission without notice and at our sole discretion.

Q3: What if I'm on my way to the stall and the owner cancels?

If ever the owner cancels, and you have paid for the stall, you will always recieve a full refund.

Intellectual Property

1. The format and content of this Website is protected by Canada and the CBCA (Canadian Business Corporations Act) and we reserve all rights in relation to our intellectual property whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Website.

2. By displaying user-generated content on this Website you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content). For the sake of clarity, we are permitted to use any content generated by our users for any business purposes, even following termination of your account.

3. We are not conducting screens on user content (including content relating to parking stalls, vehicles, properties or users) or any other information on the Website. We do not give any assurance to its accuracy or completeness.

4. The users of this Website are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (eg. copyright). We do not accept any liability in respect of such content as stated in this clause (Intellectual Property, Clause 4), and the user will be fully and personably liable for any damages or other liability arising from the content they publish. You agree to fully indemnify and hold harmless ParkChamp from any liability we may suffer as a result of any such content.

5. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. For the sake of clarity, you may not re use or imply any tools (ie. robots, data mining, or any third party) to extract any information or any contents of the Website without our express written consent.

Questions

If you wish to contact us in relation to our Terms of Use you may do so by emailing us at questions@parkchamp.ca.