1. Agreement to terms
Keeping Our Terms Up-to-Date
2. Intellectual Property
3. Keeping Your Information Accurate
Other Information Collected When Using Urparking
Transferring Your Information Outside of Canada
4. User Accounts (if applicable)
5. Driver/Owner Parking Agreement
Booking and Payment
End of Parking Period
Complaints, Claims and Liability
Urparking Owner Agreement
Registration
Services and Listing
Parking Spaces
Notifications and Compliance
Complaints and Disputes
Cancellation and Termination
6. Marketplace Offerings
7. Payments and Billing
8. Returns and Refunds
9. Prohibited Activities
10. User Content and Submissions
11. User Content License
12. Review Guidelines
13. Mobile Application License
14. User Submissions
15. Website Management
16. Privacy Policy
17. Term and Termination
18. Modifications and Interruptions
19. Governing Law
20. Dispute Resolution
21. Corrections
Disclaimer
22. Limitations of Liability
23. Indemnification
24. User Data
25. Electronic Communications and Transactions
26. Miscellaneous
27. Contact Us
This Terms and conditions explains how UR APPS INC (“Urparking”, “we”, “us”, or “our”) collects, uses, and discloses information from and about users of our website (https://www.urparking.ca/), mobile application (“Site”), and related services (collectively, the “Service”).
Who We Are
Urparking is a Canadian company with its registered office at [Company Address]. We provide an online platform that connects drivers with parking solutions.
What We Do
The Service acts as a marketplace for parking. We help drivers find and reserve parking spots (“Parking Spots”) listed by property owners and operators (“Parking Providers”). We do not own or operate any parking facilities ourselves. Our role is to facilitate the connection and process reservations for a fee (“Service Fee”). When you pay the Service Fee, your obligation to pay the Parking Provider is satisfied, unless additional charges apply onsite.
This Policy Covers…
This Privacy Policy explains how we handle your information when you use the Service. It details what information we collect, why we collect it, and how we use it.
What Urparking Doesn’t Do
Urparking is a platform connecting drivers with parking, not a parking provider itself. We don’t:
Negotiate parking terms or settle user disputes.
Operate parking facilities or take custody of vehicles.
Offer services beyond finding and reserving parking spots (“Service Fee”).
Important Reminders
Our service is for users 13 and over.
You agree to follow all laws while using Urparking.
Urparking isn’t responsible for:
Unavailable parking spots (we’ll try to find alternatives or issue refunds).
Issues related to parking itself (delays, road closures, etc.).
By using Urparking, you agree to these terms. If you disagree, you shouldn’t use our service.
We may occasionally update these terms with additional information. We’ll let you know by changing the “Last Updated” date at the top.
Here’s the key point: By continuing to use Urparking after any updates, you agree to the new terms. It’s a good idea to check them back here once in a while.
This Privacy Policy applies to our website, mobile applications, and all related services (collectively, the “Services”) offered by UR APPS INC (“Urparking”, “we”, “us”, or “our”).
By using the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy.
You may not use Urparking to:
Publish any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information or content;
Defame, abuse, stalk, harass, threaten, or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity; or
Distribute any information, materials, or content (including, but not limited to, software) that contains a virus, cancelbot, trojan horse, worm, or other harmful or disruptive component.
You acknowledge that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
You are not entitled to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose the content on Urparking, other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses, or any other data or content for the purposes of sending unsolicited email or for any other use.
Urparking may include links to other websites or materials which are beyond our control. We are not responsible for any content on sites outside of Urparking, nor do we make any representation or warranty regarding any linked sites or the information, products, or services appearing on them.
You may link to our Urparking home page, provided you do so in a fair and legal manner that does not damage our reputation or take advantage of it.
However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by us where none exists. You must not establish a link from any website that you do not own. Our Urparking website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. You will remove any link to Urparking upon our request.
The content on our Services, including the website design, text, graphics, logos, and trademarks (collectively, the “Materials”), belong to us or our licensors and are protected by intellectual property laws.
You are granted a limited license to access and use the Services for personal, non-commercial purposes. This means you can use the Services to find parking, but you cannot copy, distribute, or sell any of the Materials without our written permission.
The material displayed on Urparking is provided without any representations, conditions, or warranties as to its accuracy and is provided on an “as is” and “as available” basis. You acknowledge and agree that the use of Urparking and its content is entirely at your own risk. To the extent permitted by law, we hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by any law, regulation, statute, common law, or law of equity.
Your access to Urparking may be occasionally interrupted to allow for repairs, maintenance, or the introduction of new facilities or services. Any such interruption shall not constitute a breach by us of these Terms.
We will not be liable for any damages arising as a result of your use of Urparking, or any interruption in your access, whether such damages are incurred or suffered as a result of our negligence or otherwise, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties, or other liabilities, whether or not UR Apps Inc. is advised of the possibility of such damages.
You agree to indemnify and hold harmless UR Apps Inc. and its officers, directors, employees, and agents from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of Urparking; (ii) your breach or violation of any of these Terms; (iii) UR Apps Inc.’s use of your User Content.
Questions
If at any time you would like to contact us with your views about these terms of use, you can do so by emailing us at info@urparking.ca.
Last Updated: Current Date
We rely on you to provide accurate and up-to-date information when you use our Services. This includes your registration details and any other information you share with us.
Responsible Use of Our Services
By using Urparking, you agree to:
Be at least 18 years old.
Not use automated tools to access our Services.
Only use our Services for legal and intended purposes.
Comply with all applicable laws and regulations.
We reserve the right to restrict your access to our Services if you violate these terms.
Acceptable Use of Urparking
Urparking is intended for finding and managing legal parking options. You agree not to use our Services for any illegal purposes, including:
Selling or advertising prohibited items (e.g., drugs, alcohol, pornography)
Engaging in fraudulent activity
We act as a platform connecting drivers with parking providers. We don’t guarantee the accuracy of information displayed on the platform, nor do we endorse any specific parking options. You are responsible for making informed decisions based on the information provided.
Log Files/IP Addresses: When you visit Urparking, our web server automatically records your IP address. This IP address is not linked to any of your personal information. We may also gather other non-personal information (from which we cannot identify you), such as the type of your internet browser, which we use to provide you with a more effective service.
Cookies: When you visit Urparking, we may store some information (commonly known as a “cookie”) on your computer. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies are specific to the server that created them and cannot be accessed by other servers, which means that they cannot be used to track your movements around the web. Passwords and credit card numbers are not stored in cookies. A cookie helps you get the best out of Urparking and helps us provide you with a more customized service. We use cookies for the following purposes:
Storing details about your Urparking preferences (e.g., your location);
Storing details about any listings you have viewed; and
Enabling our web server to track your session between pages of Urparking and provide a continuity of experience.
You can block or erase cookies from your computer if you want to (your browser’s help screen or manual should tell you how to do this), but certain parts of Urparking are reliant on the use of cookies to operate correctly and may not work correctly if you set your browser not to accept cookies.
Urparking contains links to other sites and advertisements. This Privacy Policy only applies to information collected by our website. We are not responsible for the privacy practices and policies of these third-party websites.
As part of the services offered to you through Urparking, the information you provide may be transferred to countries outside of Canada. For example, this may happen if any of our servers are located outside of Canada or if one of our service providers is located in another country. We may also share information between group companies worldwide. These countries may not have similar data protection laws as Canada. If we transfer your information outside of Canada, we will take steps to ensure your privacy rights continue to be protected as outlined in this Privacy Policy.
If you use Urparking while outside Canada, your information may be transferred outside Canada to provide you with those services.
Retention Policy
We have implemented a retention policy to prevent personal information from being retained for longer than reasonably necessary to deliver the products and services available on Urparking.
Website Security
We use appropriate security safeguards to protect your personal information against loss, theft, and unauthorized access. Any personal information you provide to UR Apps Inc. is exchanged on a secure server. However, no data transmission over the internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.
Unlawful Activities
We reserve the right to cooperate with local, provincial, national, and international authorities in investigations of improper or unlawful activities, which may require disclosure of personal information. We may also report improper or unlawful user activities on Urparking to other organizations, including disclosure of personal information related to those conducting such activities.
Children
Urparking’s services are directed at an adult market and intended for use by adults only. We encourage parents to take an active role in their children’s internet use and inform them of the dangers of providing information online. Children should always ask a parent’s permission before sending personal information online. No information should be submitted to or posted on Urparking by users under 18 without parental or guardian consent. Children are not eligible to use our services, and we ask that minors (under 18) do not submit any personal information to us.
At your request, we will provide you with a statement disclosing all your personal information currently in our possession and an explanation of how it has been used and/or disclosed.Your right to access your personal information is subject to applicable legal and commercial restrictions.
To update your personal information, please log in to your account on Urparking to make changes online.
If you have an online account with us, you may choose to close it at any time. After closing your account, you will not be able to sign in or access any personal information. However, you can open a new account at any time.
We reserve the right to occasionally update this Privacy Policy. When changes are posted, we will revise the “last updated” date. This Privacy Policy does not create any contractual or other legal rights on behalf of UR Apps Inc.
Questions
If you would like to contact us with views about these terms, you can email us at info@urparking.ca.
Last Updated: Current Date
At Urparking, we may offer user accounts to enhance your experience. If you choose to create an account, you’ll be asked to provide certain information, such as your email address.
We take your privacy seriously and store your account information securely. You are responsible for keeping your password confidential and notifying us immediately of any unauthorized account activity.
This parking space agreement (“Agreement”) is between the driver (“Driver”) who has booked a parking space through a website or mobile application (collectively, the “Urparking Platform”) made available in Canada by UR Apps Inc. (“UR Apps”), and the owner or operator (“Owner”) of the parking space (the “Parking Space”) which has been licensed.
The Owner represents and warrants that they are the owner of the Parking Space or the authorized person to arrange licensing of the Parking Space. This Agreement details the terms and conditions which apply between the Driver and the Owner relating to the Driver’s license of the Parking Space.
The Driver agrees to ensure that any person the Driver allows to drive the vehicle to the Parking Space complies with this Agreement’s terms. Similarly, the Owner agrees to ensure that any person assisting with managing a booking or responsible for or authorized to manage the Parking Space or a booking complies with this Agreement’s terms.
UR Apps Inc. is the Owner’s agent for this Agreement but is not the Owner. This Agreement is between the Driver and the Owner. UR Apps Inc. is an intended third-party beneficiary of this Agreement and has the right to enforce it but shall have no obligations to the Driver or the Owner under this Agreement.
The Owner grants a license to the Driver to use and occupy the Parking Space for the dates and times set out in the booking (the “License Period”). The Driver is not a tenant of the Owner and has not been granted exclusive possession of the Parking Space.
The Driver and the Owner agree to make all bookings for the Parking Space through Urparking, acknowledging that UR Apps Inc. will handle the booking and payment process on the Owner’s behalf.
All bookings and payments will be made in accordance with the Driver Agreement and the Owner Agreement, and the Driver acknowledges that all payments made to UR Apps Inc. are received as an agent for the Owner.
The Owner accepts that payment of the fees for the license to UR Apps Inc. represents a full discharge of the Driver’s payment obligations for that booking.
All bookings are subject to the following cancellation policy (the “Cancellation Policy”), and the Driver and Owner agree to comply with its terms and authorize UR Apps Inc. to administer it, if necessary, by making refunds: a. There is no cancellation for hourly bookings. The Driver will be charged in full for all confirmed hourly bookings. b. Cancellation requests for monthly parking must be received by UR Apps Inc. at least 72 hours before the booking start time. c. UR Apps Inc. will mediate when necessary and has the final say in all disputes. d. A booking is officially canceled once UR Apps Inc. approves the cancellation request.
The Driver must cancel their booking by logging into the Urparking app and processing the cancellation. Notice of cancellation will be deemed received when the Driver issues a cancellation request for their monthly booking. UR Apps Inc. is not responsible for any transmission failures.
If the Driver fails to cancel the booking using the Urparking cancellation procedure, the Driver will be liable for the full amount of fees payable to the Owner and will not receive any refund.
In exceptional circumstances beyond the reasonable control of the Driver causing them to no longer require the Parking Space, the Driver may request an exceptional cancellation and may receive a refund other than per the Cancellation Policy. The Driver must inform UR Apps Inc. of the exceptional circumstances before the License Period starts. Whether a cancellation is due to exceptional circumstances and whether a refund is due will be at the sole discretion of UR Apps Inc., who will decide the refund amount (if any). The Driver and Owner agree that UR Apps Inc.’s decision will be binding.
The Owner agrees to honor all bookings.
If the Owner needs to cancel the Driver’s booking due to exceptional circumstances beyond the Owner’s reasonable control, the Owner agrees to inform UR Apps Inc. UR Apps Inc. makes no guarantees alternative parking can be found and accepts no liability arising from failure to honor the booking or for costs of alternative parking or other costs arising directly or indirectly from breaching this Agreement’s terms.
If the Owner cancels a Driver’s booking and the circumstances are not exceptional or beyond the Owner’s reasonable control, the Driver will be entitled to a full refund, and the Owner agrees to discharge any additional cost payable by the Driver for suitable alternative parking arrangements.
Whether an Owner’s cancellation is due to exceptional circumstances beyond their reasonable control and whether the Owner is responsible for the Driver’s additional costs will be determined at the sole discretion of UR Apps Inc., who will decide the compensation amount (if any). The Driver and Owner agree that UR Apps Inc.’s decision will be binding.
The Driver must vacate the Parking Space and cease using the Parking Space by the end of the Parking Period.
Unless UR APPS INC has agreed to a later departure time or an extended Parking Period (and UR APPS INC agrees that such agreement must be made through the Urparking platform), the Driver will be liable to pay the equivalent of the fee for a full day for the Parking Space for every completed half-hour period that the Driver overstays beyond the end of the Parking Period.
UR APPS INC authorizes the Urparking platform to collect payment of any such additional fees from the Driver on behalf of the company.
If the Driver overstays by more than 2 hours, then UR APPS INC reserves the right to instruct a third party to remove the Driver’s vehicle(s) from the Parking Space (and the Driver will be charged for the costs of any such action).
Driver Responsibilities
The Driver has primary responsibility for their own safety and the safety of their vehicle during the Parking Period. UR APPS INC is not responsible for ensuring the safety of the Driver or the vehicle.
The Driver may not allow any other person and may not allow any vehicle other than the vehicle specified in the Driver’s account registered with the Urparking platform to occupy the Parking Space at any time during the Parking Period. This Agreement applies solely to the Driver and UR APPS INC and may not be transferred to any other person. If anyone other than the Driver attempts to use the Parking Space or if anyone attempts to park a different vehicle in the Parking Space during the Parking Period, UR APPS INC may refuse access to that individual and the individual’s vehicle (even if the individual has the authority of the Drive
Each party agrees that if any dispute arises concerning the Parking Space or otherwise during the Parking Period, each party will attempt to resolve such dispute by directly communicating with the other in the first instance.
In the event that a dispute cannot be resolved directly, it is agreed that either party may refer the dispute to UR APPS INC or make a complaint about the other. Both parties authorize UR APPS INC to deal with the dispute or complaint as it deems appropriate and agree to abide by any decisions UR APPS INC may make in such circumstances, including requiring refunds to be made or compensation to be paid.
Clauses 2(i) or 2(ii) are without prejudice to either party’s rights to bring or settle any claim against the other.
Neither party will be liable to the other for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any consequential, special, indirect, or exemplary damages whatsoever arising out of this Agreement, the Parking Space or the Parking Period however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
UR APPS INC’s liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the cost of obtaining a replacement Parking Space for the agreed Parking Period or the amount of the Parking Space fees and charges paid by the Driver, whichever is the higher amount.
The Driver’s liability for all losses (with the exception of willful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to the amount of the Parking Space fees and charges paid or payable by the Driver.
General Release
Owner and Driver each hereby fully and forever release UR APPS INC and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the “UR APPS INC Parties”), and hereby fully and forever discharge and agree to hold the UR APPS INC Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Owner or Driver on the one hand and the UR APPS INC Parties, or any of them, on the other hand in connection with this Agreement.
The liability excluded under clause 1(i) excludes situations where fraud, willful concealment or theft shall be shown to have taken place on the part of UR APPS INC, and nothing in this Agreement limits or excludes UR APPS INC’s liability for fraud or fraudulent misrepresentation.
General
Each party agrees that it has the power and authority to enter into this Agreement.
Neither party will be entitled to assign or sub-contract their obligations under this Agreement (save for any duties which may be carried out by UR APPS INC as agent for the Owner as set out in this Agreement, the Driver Agreement and the Owner Agreement).
Neither party will be liable to the other or be deemed to be in breach of the terms of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any event of force majeure beyond the party’s reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
Save in the case of fraud, the terms of this Agreement represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to the principles of conflicts of law.
If either party breaches the terms of this Agreement and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce its rights and remedies for any other breach.
Questions
If at any time you would like to contact us with your views about these terms of use, you can do so by emailing us at: info@urparking.com.
Last Updated: Current Date
General Release
Owner and Driver each hereby fully and forever release UR APPS INC and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the “UR APPS INC Parties”), and hereby fully and forever discharge and agree to hold the UR APPS INC Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist between Owner or Driver on the one hand and the UR APPS INC Parties, or any of them, on the other hand in connection with this Agreement.
The liability excluded under clause 1(i) excludes situations where fraud, willful concealment or theft shall be shown to have taken place on the part of UR APPS INC, and nothing in this Agreement limits or excludes UR APPS INC’s liability for fraud or fraudulent misrepresentation.
These Terms and Conditions (“Terms”) will apply at any time you (“you” or the “Owner”) the owner or operator of one or more parking spaces (each a “Parking Space”) use any websites and mobile applications (collectively, the “Site”) made available in Canada by UR APPS INC (“us”, “we” or “Urparking”) or use any services (“Services”) provided or arranged by Urparking including the provision of a technology platform to arrange and schedule parking with registered drivers and by continuing to use the Site or the Services you agree to be bound by these Terms, which establish a contractual relationship between you and Urparking (the “Agreement”).
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Your continued use of the Site or Services following the posting of any changes to these Terms will mean you accept those changes. Please check these Terms regularly for updates.
Please note that these Terms apply only to the provision of Services directly by us to you, namely the provision of a technology platform to arrange and schedule parking with registered drivers (“Drivers”).
These Terms do not apply to the licensing and use by Drivers of the Parking Space itself which is dealt with under the terms of your Driver/Owner License Agreement with such Drivers.
The Driver/Owner License Agreement and any additional restrictions included in your listing are a contract between you and the Driver. WE ARE NOT A PARTY TO THAT AGREEMENT AND WE WILL NOT BE LIABLE TO YOU, THE DRIVER OR ANY THIRD PARTY FOR ANY BREACH OF THE DRIVER/OWNER LICENSE AGREEMENT OR OTHERWISE IN RELATION TO THE PARKING SPACE. YOU ACKNOWLEDGE THAT WE ARE NOT A REAL ESTATE BROKER, AGENT OR INSURER AND THAT WE HAVE NO CONTROL OVER THE CONDUCT OF DRIVERS OR PARKING SPACE OWNERS. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY RELATED TO THE CONDUCT OF ANY DRIVER AND DISCLAIM ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
You will not be able to list a Parking Space through the Site or use the Urparking mobile application if you have not registered an account with us (an “Account”).
To register, we will require that you provide us with your name, address, date of birth, phone number and a valid email address as well as at least one valid method of payment. We may also require additional information from time to time. You agree to maintain accurate, complete, and up-to-date information in your Account. Please note that we may use any personal information that you provide to us in accordance with our privacy policy (“Privacy Policy”). The Privacy Policy forms part of this Agreement.
By registering, you warrant that you are at least 18 years of age.
You may not have more than one account and we reserve the right, at our discretion, to close the account of any person who, in our opinion, possesses more than one account at any time.
You will be asked to create a password when registering. If you reveal your password to a third party who then accesses the Site or uses our Services, that third party 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 who has gained access to your account.
You must supply a valid email address and a valid phone number when registering so that we can email booking confirmations and other information relating to your use of our Services. You consent to receive communications from us by email and phone, and you agree that all agreements, notices, disclosures, and other communications that we provide to you by email and phone satisfy any legal requirement that such communications be in writing.
We will not be held responsible if you fail to provide a valid email address or phone number and you do not receive a booking confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address or phone number, please contact us immediately to update your Account information.
We may suspend or close your Account at any time if, in our sole opinion, you are in breach of any term of this Agreement or any term of a Driver/Owner License Agreement. If we suspend or close your Account, you will not be able to use our Services any longer and may not be able to access all areas of the Site. In the event that your Account is closed, you will not be entitled to register again.
We may advertise your Parking Space on our Site and provide information to Drivers and prospective Drivers who may wish to use the Parking Space.
You will be required to complete your own listing for the Site. In your listing, you agree to provide all relevant information about the Parking Space including: a. The address of the Parking Space; b. Any restrictions on the types of vehicles for which the Parking Space is suitable; c. Any other information or restrictions that apply to the Parking Space and that a Driver should be aware of before booking the Parking Space.
You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You may be liable to the Driver under the Driver/Owner License Agreement if the information you provide is inaccurate, incomplete, or misleading in any way.
Your liability may include any reasonable losses incurred by the Driver as a result of such inaccurate, incomplete, or misleading information provided by you, and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract, or otherwise.
We reserve the right to conduct a physical inspection of the Parking Space at any time and may remove your listing if the Parking Space does not conform to the information you have provided or our standards, or we believe you to be in breach of your obligations under clause 11 (Your Obligations).
In addition to advertising the Parking Space, we will be entitled to send promotional emails to Drivers and provide such information about your Parking Space as we may deem appropriate to promote Urparking or your Parking Space.
You appoint us as your agent for the purposes of forming binding agreements between you and the Driver to whom you agree to grant a license to use the Parking Space. You also appoint us to collect payment from the Driver.
At the time we confirm the booking of the Parking Space and receive payment from the Driver (see clause 6 below), a binding agreement will be formed (the “Driver/Owner License Agreement”) between you and the Driver. The agreement will be on standard terms and will only include any additional restrictions relating to your Parking Space if listed by you in accordance with clause 3(ii)(c).
You may not incorporate any additional terms into the Driver/Owner License Agreement other than the restrictions clearly included in your listing. You agree not to propose any additional terms to the Driver or amendments to the Driver/Owner License Agreement after a booking has been made without our consent. The Driver is not obliged to accept any further terms once we have accepted a booking on your behalf.
The Site will allow you two methods of listing Parking Spaces: Instant Booking and Booking by Agreement. Further, a Parking Space can be rented in two time increments: hourly and monthly. All listings can use Instant Booking. Booking by Agreement can be used for monthly Parking Spaces only. Please note that you can simultaneously list your Parking Space for both time increments when using instant booking.
● Where you elect to use Instant Booking, your Parking Space will be treated as available unless you inform us otherwise.
● It is your responsibility to dictate the availability of your spot. You are able to change this at any time through our mobile application.
● The only time you are unable to change is if a Driver is currently parking in your spot under the licensed time period. Based on the availability information you have provided to us, we will tailor the Site listing for your Parking Space.
● If you have not changed your settings to make your spot unavailable for a particular date or time, then you may be liable to pay the reasonable costs of alternative arrangements for a Driver who makes a booking for such date and time.
● Where Instant Booking is used, you agree that we will manage the entire booking process, and you authorize us to accept a booking for an available date and issue a Driver/Owner License Agreement without contacting you.
● We will accept payment from the Driver on your behalf at the time of booking as set out below.
If you choose to have your Parking Space rented out via Booking by Agreement, then the Site will allow Drivers to inquire about the availability of your Parking Space. Any inquiries about prospective bookings will be sent to you automatically by email and/or by text message. Each inquiry will include (where the information is available) the proposed date(s) or periods of the booking.
● You agree to confirm with us as soon as practicable whether or not the booking is accepted.
● You can confirm a booking by signing into the Site and approving the relevant inquiry. b. Owners have 72 hours to reply to an inquiry before it lapses.
● You acknowledge that during and after this 72-hour period after the inquiry is sent by the Driver, we may suggest alternative parking spaces to the Driver who has made the inquiry. c. If the booking is accepted by you, we will notify the Driver who can then book the Parking Space for the agreed times (the “Parking Period”).
● Upon the Driver confirming the booking, we will issue a Driver/Owner License Agreement on your behalf to the Driver, we will provide the Driver with the contact details you have supplied, and we will accept payment from the Driver on your behalf at the time of booking as set out below.
● For short-term bookings (any Parking Space License Period of 5 weeks or less), we will accept payment from the Driver for the full amount due at the time of booking.
● For long-term bookings (any Parking Space License Period of more than 5 weeks), we will accept payment from the Driver for the first month’s license fee upon booking. We will then collect an additional month’s payment in advance each calendar month thereafter until the license termination.
● You authorize us to accept and hold such payments on your behalf. We will forward the initial payment to you that we have received from the Driver 5 business days after the License Period start or 5 business days after the period covered by a subsequent payment for a long-term booking. We reserve the right to waive this escrow period.
From time to time, we may collect payment on your behalf from a Driver which either (i) we have to repay to the Driver’s credit card provider or (ii) which is deducted from a retention we have with our credit card processors (a “Chargeback”). If we are subject to a Chargeback in respect of a booking of your Parking Space, you agree that: a. We will not be obligated to make any payment to you for the amount that is the subject of a Chargeback, and any claim you have for non-payment of Parking Space
License fees will be against the Driver (and we will not be obliged to pursue such claim); and b. If we are subject to a Chargeback after we have already made payment to you, then you agree to repay us an amount equivalent to the Chargeback (less our fees).
In the event of a Chargeback related to an amount we have already paid you, we reserve the right to deduct an amount equal to the Chargeback from any credit or debit card details you have supplied or from payments received from Drivers for future bookings until we have been reimbursed in full, and we may use any credit or debit card details you have provided for such purposes.
Before any Parking Period, you must ensure that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Driver under the booking.
You represent and warrant that: a. You own the Parking Space, or you are authorized to allow third parties to use the Parking Space, and where necessary, you have permission from your landlord, tenant, or condominium association (or other persons who control any condominium of which the Parking Space is a part) to do so. b. If you are in any doubt, you should check the terms of your lease (or sublease), freehold title, mortgage, deed of trust, condominium documents, or any other documents of record to ensure that you are able to grant a license to use your Parking Space in the manner envisaged by this Agreement and/or your agreement with Drivers.
Here is a rewritten version of the privacy policy section for UR APPS INC (Urparking), a Canada-based company that provides car parking solutions to drivers:
1. You agree to promptly notify us upon receiving any notice, correspondence, or contact from any landlord, tenant, condominium association (or other entities controlling the condominium where the Parking Space is located), or governmental authority, in connection with the use of your Parking Space as envisioned by this Agreement and/or your Driver/Owner License Agreement. Upon request, you agree to provide copies of such communications to us. Following such notification from you, we reserve the right to terminate this Agreement and remove the Parking Space from our platform.
2. You acknowledge that we will not be liable to you, the Driver, or any third party (such as a landlord, tenant, condominium association, or management company controlling the condominium where the Parking Space is located) if you do not have the necessary authority and approvals mentioned in the preceding clause. You agree to indemnify and hold harmless UR APPS INC for any loss we may suffer due to your breach of the aforementioned representation and warranty.
1. You agree to attempt to resolve any dispute with a Driver concerning your Parking Space or its use by directly communicating with the Driver in the first instance.
2. If the dispute cannot be resolved directly with the Driver, you may refer the dispute to us or file a complaint. Similarly, a Driver may refer a dispute to us. In either case, you authorize us to handle the dispute or complaint as we deem appropriate, and you agree to abide by any decisions we make in such circumstances, which may include requiring you to refund any payments you have received or requesting that a Driver pays any outstanding amounts related to the relevant booking.
3. You agree that we may utilize any funds we are holding on your behalf to settle a dispute with a Driver, and you authorize us to deduct sums from the debit or credit card details you have provided.
1. You agree to abide by the cancellation policy outlined in the Driver/Owner License Agreement (“Cancellation Policy”).
2. Furthermore, you agree that if a Driver wishes to cancel a booking, they may do so through our platform. If we are required to process a cancellation, we will do so in accordance with the Cancellation Policy.
3. If we have received any payments for a booking before the License Period begins and such booking is subsequently canceled by you or the Driver, you authorize us to refund the Driver from any payments we are holding on your behalf. If you have received payments directly, you are required to refund the Driver in accordance with the Cancellation Policy.
4. We reserve the right to cancel your Account and terminate this Agreement if you fail to refund a Driver within the timeframes specified in the Cancellation Policy. We may also collect payment from the debit or credit card details you have provided and use these to discharge your liability to a Driver for a canceled booking.
You agree:
● That you have the authority to enter into this Agreement and any agreement with a Driver for the use of a Parking Space;
● To honor all accepted bookings with Drivers;
● To provide your Parking Space in accordance with the details and information listed on our platform;
● Not to create any false Account with UR APPS INC or use your Account for any unethical, immoral, or illegal activity or purpose, including (but not limited to) malicious or fraudulent bookings or money laundering;
● To interact with all Drivers in a professional and courteous manner, ensuring that our reputation is not harmed;
● To promptly and satisfactorily address all queries from Drivers relating to a Parking Space or booking;
● To comply with all applicable laws, tax requirements, rules, and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing the rental or licensing of residential and other properties;
● Subject to clause 9, to use your best efforts to settle any disputes that may arise during a Driver’s License Period, including taking necessary actions to bring the dispute to a satisfactory conclusion as soon as practicable, allowing the Driver to fulfill their booking; and
To use UR APPS INC as your exclusive agent for making and accepting bookings from Introduced Drivers. For this clause, an “Introduced Driver” means any person who:
● Has made a booking of your Parking Space through UR APPS INC; or
● Has made an inquiry about your Parking Space through UR APPS INC (whether or not such person completed a booking); or
● Has become aware of you, your address, or the address/location of your Parking Space directly or indirectly as a result of your listing with UR APPS INC; or
● Has made you aware of their need for parking through UR APPS INC, whether or not such person completes a booking with you or a third party (“Introduced Parking Space Owner”). In the event of a booking between an Introduced Driver and an Introduced Parking Space Owner, the Terms contained in this Agreement that relate to fees payable to UR APPS INC will apply to the Introduced Parking Space Owner.
If you arrange any booking, rental, or grant a license to use your Parking Space to an Introduced Driver (or any other person responsible for or entitled to drive the same car as an Introduced Driver) within 12 months from the end of any Introduced Driver’s License Period (if the Introduced Driver made a booking) or the date on which we introduced the Introduced Driver to you or the Introduced Driver became aware of you or your Parking Space through UR APPS INC, then you will be liable to us for the fees we would have received had such a booking been made in accordance with the Terms of this Agreement. You will also be liable for the costs we incur in enforcing this clause, and we reserve the right to deduct such fees and costs using the debit or credit card details you have provided or by reducing your UR APPS INC balance accordingly.
4. We reserve the right to inspect the Parking Space at any time to verify any fees due in accordance with the preceding clause.
To register an account, you may be required to provide us with credit card or banking details to enable us to make payments to you. We are also authorized, in exceptional circumstances, to use these details to deduct any payments you may owe to us or to a Driver. Certain functionality and features may be available only to those who have provided debit or credit card details to us or through your UR APPS INC Account.
We may refer to you or your Parking Space at any time in the future to publicize UR APPS INC or our platform.
Urparking connects drivers with parking options offered by various providers. We strive to provide accurate information and a wide range of parking solutions. However, we reserve the right to:
Limit the availability of specific parking options.
Change pricing or descriptions of offerings at any time.
Discontinue any parking option for any reason.
We cannot guarantee the quality of parking services offered by third-party providers. We also make no warranties regarding the accuracy of information displayed or the correction of potential errors on the platform.
Payment Information: Our secure third-party payment processor, Stripe (https://stripe.com/en-ca/privacy), collects your financial information for transactions.
Supported Payment Methods: We offer a secure payment gateway for users to pay for parking services. Supported methods include:
Stripe: Users can securely process payments using their debit or credit cards through Stripe.
PayPal: Users can use their PayPal accounts for fast and convenient payments.
Virtual Wallet: Users can create a virtual wallet for payments. It requires a minimum balance of $50 to be maintained.
Refer and Earn Program: We offer a “Refer and Earn” program where users can earn credits or rewards by referring friends who sign up and use the platform.
User Accounts: To use the virtual wallet and participate in the “Refer and Earn” program, users must create an account with Urparking. This account stores their payment information and other relevant details for a seamless experience.
Security: We take data security seriously and utilize industry-standard security measures to protect user information and payment details.
Provide accurate and up-to-date billing information.
Keep your payment method details current (e.g., expiry date).
Applicable sales taxes will be added to your parking fees.
We reserve the right to adjust pricing at any time.
We may correct pricing errors even after an order is placed.
We may limit order quantities at our discretion.
Urparking reserves the right to refuse any order. We may also cancel orders in certain situations, such as suspected fraudulent activity.
We understand that sometimes we may not meet your expectations. Please carefully review our Return Policy available on our website. This policy outlines the conditions under which returns and refunds are accepted, as well as the associated processes and timelines. By familiarizing yourself with our Return Policy, you can make informed decisions and ensure a smooth experience should you need to initiate a return or request a refund.
The Urparking website and services are intended solely for their designated purposes. You may not access or use our website and services for any unauthorized commercial endeavors without our explicit endorsement or approval.
As a user of Urparking, you agree not to:
● Systematically retrieve data or other content from our website to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
● Deceive, mislead, or attempt to fraudulently obtain sensitive account information, such as user passwords, from us or other users.
● Circumvent, disable, or interfere with security features of our website, including features that prevent unauthorized use, copying of content, or enforce usage limitations.
● Disparage, tarnish, or otherwise harm, in our opinion, UR Apps Inc. and/or Urparking.
● Use any information obtained from Urparking to harass, abuse, or harm others.
● Misuse our support services or submit false reports of abuse or misconduct.
● Use Urparking in a manner that violates any applicable laws or regulations.
● Engage in unauthorized framing or linking to our website.
● Upload or transmit viruses, malware, excessive capital letters, spam, or any material that interferes with the uninterrupted use and enjoyment of Urparking or modifies, impairs, disrupts, alters, or interferes with its features, functions, operation, or maintenance.
● Engage in any automated use of our systems, such as using scripts, data mining, robots, or similar data gathering and extraction tools.
● Remove copyright or other proprietary rights notices from our content.
● Impersonate another user or person, or use the username of another user.
● Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
● Interfere with, disrupt, or create an undue burden on Urparking or its connected networks or services.
● Harass, annoy, intimidate, or threaten our employees or agents engaged in providing Urparking services.
● Attempt to bypass any measures designed to prevent or restrict access to Urparking or any portion of our website and services.
● Copy, adapt, decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of Urparking.
● Use any automated system, spider, robot, scraper, or offline reader that accesses Urparking, or use any unauthorized script or software, except as may result from standard search engine or Internet browser usage.
● Use buying agents or purchasing agents to make purchases on Urparking.
● Make any unauthorized use of Urparking, including collecting user information for sending unsolicited emails or creating user accounts by automated means or under false pretenses.
● Use Urparking as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise without our authorization.
Urparking does not currently offer users the ability to submit or post content. However, if we provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast any content and materials to us or on Urparking, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “User Content”), such User Content may be viewable by other users of Urparking and through third-party websites. As such, any User Content you transmit may be treated in accordance with the Urparking Privacy Policy. When you create or make available any User Content, you hereby represent and warrant that:
The creation, distribution, transmission, public display, performance, accessing, downloading, or copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Urparking, and other users of Urparking to use your User Content in any manner contemplated by our services and these Terms of Use.
● You have obtained the written consent, release, and/or permission of each identifiable individual person in your User Content to use their name or likeness, enabling inclusion and use of your User Content in any manner contemplated by Urparking and these Terms of Use.
● Your User Content is not false, inaccurate, or misleading.
● Your User Content is not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
● Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
● Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
● Your User Content is not used to harass or threaten (in the legal sense) any other person or promote violence against a specific person or class of people.
● Your User Content does not violate any applicable law, regulation, or rule.
● Your User Content does not violate the privacy or publicity rights of any third party.
● Your User Content does not violate any applicable law concerning child pornography or intended to protect the health or well-being of minors.
● Your User Content does not include offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
● Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
● Any use of Urparking or our services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Urparking and our services.
You agree that we may access, store, process, and use any information and personal data that you provide in accordance with the terms of the Urparking Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding Urparking, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not claim any ownership over your User Content. You retain full ownership of all your User Content and any associated intellectual property rights or other proprietary rights. We are not liable for any statements or representations made in your User Content provided in any area on Urparking. You are solely responsible for your User Content on Urparking, and you expressly agree to indemnify us and refrain from any legal action against us regarding your User Content.
We may provide areas on Urparking for you to leave reviews or ratings. When posting a review, you must comply with the following criteria:
● You should have firsthand experience with the person/entity being reviewed;
● Your reviews must not contain offensive profanity, abusive, racist, offensive, or hate language;
● Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
● Your reviews must not contain references to illegal activity;
● You should not be affiliated with competitors if posting negative reviews;
● You should not make any conclusions as to the legality of conduct;
● You may not post any false or misleading statements; and
● You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or delete reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or views of any of our affiliates or partners. We do not assume liability for any review or claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to reviews.
If you access Urparking’s services via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms of Use. You shall not:
● Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
● Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
● Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
● Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the application licensors;
● Use the application for any revenue generating endeavor, commercial enterprise, or purpose for which it is not designed or intended;
● Make the application available over a network or environment permitting access or use by multiple devices or users simultaneously;
● Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or a substitute for the application;
● Use the application to send automated queries to any website or unsolicited commercial emails;
● Use any proprietary information or any of our interfaces or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play (each an “App Distributor”) to access Urparking’s services:
The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms of Use or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation to furnish any maintenance and support services with respect to the mobile application.
In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, you must not violate their wireless data service agreement when using the mobile application.
You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Urparking or our services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to:
Monitor Urparking for violations of these Terms of Use;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your content or any portion thereof;
In our sole discretion and without limitation, notice, or liability, remove from Urparking or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Manage Urparking in a manner designed to protect our rights and property and to facilitate the proper functioning of our website and services.
We take data privacy and security seriously. Please review our Privacy Policy available at https://www.urparking.ca/privacy-policy. By using Urparking or our services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that Urparking and our services are hosted in Canada. If you access Urparking or our services from any other region with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.
These Terms of Use shall remain in full force and effect while you use Urparking. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF URPARKING AND OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN URPARKING AND OUR SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of Urparking at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website or services. We also reserve the right to modify or discontinue all or part of our services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Urparking or our services.
We cannot guarantee that Urparking and our services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Urparking or our services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Urparking or our services during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support Urparking or our services or to supply any corrections, updates, or releases in connection therewith.
These terms shall be governed by and defined following the laws of Canada. UR Apps Inc. and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or UR Apps Inc., the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the ADR Institute of Canada under its National Arbitration Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Toronto, Ontario, Canada. The language of the proceedings shall be English. The governing law shall be the substantive laws of the Province of Ontario and the applicable laws of Canada.
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following Disputes are not subject to the provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction in Canada, and the parties agree to submit to the personal jurisdiction of that court.
There may be information on Urparking that contains typographical errors, inaccuracies, or omissions related to our services, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Urparking at any time, without prior notice.
The Urparking website and services are provided on an “as is” and “as available” basis. Your use of our website and services is at your sole risk. To the fullest extent permitted by law, UR APPS INC disclaims all warranties, whether express or implied, in connection with the Urparking website, services, and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
UR APPS INC makes no warranties or representations regarding the accuracy or completeness of the website’s content or the content of any third-party websites linked to our site. We assume no liability or responsibility for:
Errors, mistakes, or inaccuracies in content and materials;
Personal injury or property damage resulting from your access to and use of the site;
Unauthorized access to or use of our secure servers and any personal or financial information stored therein;
Interruption or cessation of transmission to or from the site or services;
Bugs, viruses, trojans, or other malicious code transmitted through the site by third parties;
Errors or omissions in any content and materials, or any loss or damage resulting from the use of content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our site, linked websites, or featured advertisements. UR APPS INC is not a party to and is not responsible for monitoring transactions between you and third-party providers of products or services. As with any purchase, you should exercise caution and use your best judgment.
IN NO EVENT WILL UR APPS INC., OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF URPARKING OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO CAD$100.00. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
1. You shall not attempt to solicit or perform services for, or induce or attempt to induce, any customer, supplier, licensee, or business relation of UR APPS INC or any Driver or other Owner through any communication, including written and oral communication, made by yourself or a third party to transact outside of our platform.
1. For the Referral Reward Program:
– You must have an Account on our platform;
– The referred user may not already have an Account (active or inactive) on our platform;
– The referred user must sign up for an Account using the activation link of the referral invitation;
– You will not receive rewards if you’re the Owner on a booking with a person you referred. Additionally, if both a Driver and Owner are referred by you, you will not receive rewards if they book with one another;
– Your rewards will be released approximately two weeks after the qualifying Parking Space booking is made;
– We reserve the right to terminate the Accounts of referring or referred users if, in our sole discretion, they have acquired rewards by fraud or have used or attempted to use the acquired rewards in a way that violates these Terms;
– We reserve the right to terminate the Program or change the terms at our own discretion at any time;
– All questions or disputes regarding eligibility for the Program or the eligibility of rewards for accrual will be resolved by UR APPS INC in its sole discretion.
● Any notice to be served on either party by the other shall be sent by pre-paid recorded delivery, registered post, fax, or email to the physical or electronic address of the other party as may be notified by one party to the other.
● No term of the Agreement will be enforceable by any person that is not a party to it.
● You may not assign this Agreement without our written approval. We will be entitled to assign or sub-contract our obligations under this Agreement without your consent.
● Both parties shall 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 or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.
● Each party acknowledges that the Agreement, including 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 relevant matters. In particular, it is agreed that any terms and conditions or other contractual documentation maintained by you or your affiliates or which you purport to apply to the subject matter of the Agreement will not apply.
● You agree that these Terms are fair and reasonable in all the circumstances. However, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.
● No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice 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 shall not be deemed to be any indication of the meaning of the clauses to which they relate.
You agree to defend, indemnify, and hold UR Apps Inc. harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of Urparking with whom you connected via our services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Urparking website for the purpose of managing our services. This includes data relating to your use of our services. While we perform routine backups, you are solely responsible for all data that you transmit or that relates to any activity undertaken using our services. UR APPS INC shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption.
Visiting our website, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and agree that all agreements, notices, disclosures, and other communications we provide electronically via email or on our website satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and records, and electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our website. You waive any rights requiring an original signature or non-electronic delivery under any applicable laws.
These Terms of Use and any posted policies constitute the entire agreement between you and UR APPS INC concerning the Urparking website and services. Our failure to enforce any provision does not waive that provision. We may assign our rights and obligations at any time. We are not liable for any failure to perform due to circumstances beyond our reasonable control. If any provision is unlawful or unenforceable, that provision is severable and does not affect the enforceability of remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and UR APPS INC by these Terms or your use of our services. These Terms shall not be construed against us as the drafter. You waive defenses based on the electronic form of these Terms.
To resolve a complaint regarding our website or services, or to receive further information, please contact us at by email: admin@urparking.ca
UrParking, © 2024
