By admin | January 01, 1970
Welcome to ParkHappy, a a game changer in the world of ticketless parking services, that allows you a quick and effortless parking experience through its mobile application (the “Services”), available at www.parkhappy.com (the “Site”).
You can access and use the Service through a personal mobile device by downloading the ParkHappy App (available on Google Play and the Apple Store).
When ordering or registering on our site, as appropriate, you may be asked to enter your email address, mailing address, phone number, credit card information or other details to help you with your experience.
Personally Identifiable Information is information that can identify you or your clients, such as your name, postal address, email address, geo-location, license plate number, credit card number, phone number, date of birth, social media identifiers, and usage preferences.
We may collect certain types of personally identifiable information when you engage in certain activities through the Service.
For example, when you create a registration account, we ask for certain mandatory information, including your full name, and email address.
You may also voluntarily provide other personally identifiable information at the time of registration such as your phone number, motor vehicle licence plate number, and your payment information such as full address and credit card or PayPal account numbers. If you do not provide this information at the time of creating a registration account, you will be required to provide this information at the time of reserving a parking spot.
Other examples of where we may collect personally identifiable information include your location if you authorize payment through PayPal.
We will only retain your personally identifiable information for so long as it is necessary to fulfill your use of the Services, and for legal, business and regulatory compliance.
Certain types of personally identifiable information in respect of certain services are mandatory and necessary for the Services. If you do not provide the mandatory personally identifiable information, you cannot use the Services. For example, your email address is necessary when creating a registration account, and your motor vehicle licence plate number is required when reserving a Parking Spot. We limit the collection of personally identifiable information only to what is necessary for you to engage in the Services.
Other types of personally identifiable information are voluntary, and are only collected with your express consent. For example, if you choose to provide us with your preferences in order to enhance your user experience, you are expressly volunteering and consenting to provide the information. You may withdraw your consent in respect of voluntary personally identifiable information at any time.
If we intend on collecting, using, or disclosing your personally identifiable information for a previously undisclosed purpose, we will make efforts to receive your consent before doing so.
We will only share whatever personally identifiable information is strictly necessary to administer and fulfill the Services, such as your licence plate number with the Licensors of Parking Spots.
ParkHappy may disclose your personally identifiable information to authorized third parties to administer the Services, such as administering and processing payments.
ParkHappy may disclose your personally identifiable information to third parties if you have violated the Terms of Service or any other agreements you are subject to, to comply with all applicable laws, and any lawful requests from governmental, legal or regulatory authorities. ParkHappy may disclose your personally identifiable information on a confidential basis to parties connected with a financing, sale, or other disposal of all or part of the business or assets.
You may update or correct your registration information by logging into your account and updating your information. You may delete any non-mandatory information in your registration account at any time. Please keep your registration information up to date.
If you have any questions or concerns about the personally identifiable information stored by ParkHappy, please contact us at email@example.com. We can facilitate your request to access and update information and delete your personally identifiable information, if we are not required to retain such information for business or legal reasons.
ParkHappy uses reasonable measures to safeguard your personally identifiable information from all unauthorized use, access, copying, destruction and collection. Our services use the Transport Layer Security/Secure Sockets Layer (TLS/SSL) protocol.
Parkhappy parking solutions Incorporated (d/b/a ParkHappy)
100 Consilium Place
Scarborough, Ontario M1H 3E3
Welcome to ParkHappy, a game changer in the world of ticketless parking services, that allows you a quick and effortless parking experience through its mobile application] (the “Services”), available at www.parkhappy.com (the “Site”).
Please read these Terms of Service carefully before using, accessing, or browsing this Site or the Services.
Your continued use of the Site and Service constitutes your acceptance of these Terms of Service and all other agreements incorporated by reference into these Terms of Service and forms a legally binding agreement between you and Parkhappy parking solutions Incorporated (“ParkHappy”, “us”, “we”).
The Terms of Service may be amended by ParkHappy at any time, in its sole discretion, with or without notice to you. Please check these Terms of Service periodically for changes as your continued use of the Site or Services constitutes your acceptance of these terms. ParkHappy reserves the right at any time to change or discontinue any feature or aspect of the Site and Services.
You can access and use the Service through a personal mobile device by downloading the ParkHappy App (available on Google Play and the Apple Store).
The Service provides you (the “Licensee”, or “you”) with the ability to search for potential parking locations (“Parking Spots”) of the Licensors (the independent owners, lessors, managers or operators of the Parking Spots), and determine the availability of a Parking Spot (the “Availability”). You can drive into a Parking Spot, pay the stated fees (the “Rate”) using the Service, including the ability to virtually extend your time in the Parking Spot. ParkHappy handles processing your payments and remitting to the Licensor, including all applicable taxes. ParkHappy retains a Service Fee as its compensation for providing the Services. Any fees paid to ParkHappy are connection with this Services unless otherwise indicated.
The parking lots or other parking facilities at which Parking Spots are located are owned or operated by the Licensors, who represent and warrant to ParkHappy that they have the full legal authority to provide the Parking Spots available to you for your parking needs. ParkHappy is not responsible for determining whether the representations of the Licensors are correct, accurate or true, or liable to you in the event that the Licensors representations are inaccurate or untrue.
Your use of a Parking Spot is at all times governed by the Licensors terms and conditions governing the use of its Parking Spots, which may include onsite policies, or other agreements, payment terms, and rules and restrictions (the “Licensor Terms”) and you agree to abide with all Licensor Terms in respect of your use of a Parking Spot.
The Licensors are responsible for establishing the Rates and providing information regarding the Availability, to the Service. ParkHappy is not responsible or liable for any errors or inaccuracies in the Rates or Availability provided through the Service.
ParkHappy does not provide any of the Excluded Services, which include: (i) operating a parking lot or other parking facility; (ii) providing a parking service; (iii) guaranteeing the availability of a Parking Spot; (iv) accepting custody of any motor vehicle; (v) assuming any liability or accept any responsibility whatsoever for the safety of persons or damage to property in any Parking Spot, parking lot or parking facility selected by you through the use of the Service; (vi) assuming any liability or accept any responsibility whatsoever for any difficulties with finding parking, delays in parking, including without limitation traffic, road conditions, road closures; (vii) settling any disputes between users of the Service, such as you or the Licensors, including negotiating the terms of any parking licences.
The Excluded Services are provided by the Licensors. For clarity, neither ParkHappy nor the Licensors are acting as agents of, or acting on behalf of, the other party.
You may browse the Service and any available Parking Spots and Rates without registering.
You need a valid registration account to reserve a Parking Spot. A registration account provides you with access to your purchase history. You must be over the age of majority in your territory to purchase a Service.
Please visit the Site to create your registration account. You may also be able to create an account by using a third party social media account. You agree to provide current, complete and accurate information during the registration process, and agree to keep your user information up to date. You will be required to provide your full name, address, car licence plate number, credit card or Paypal information, phone number and email address. You may not create spoof or alter ego accounts to access the services.
Each account is intended to apply to a single user. You agree to keep your login and password information confidential. You are responsible for all activity in respect of your registration account. Please contact firstname.lastname@example.org immediately if you suspect any unauthorized use of your registration account.
We reserve the right to terminate or suspend registration account, at any time, without notice to you, for any reason, which may include any breach of the Terms of Service. ParkHappy’s rights are otherwise reserved.
You understand and acknowledge that it is your responsibility to obtain all hardware, software and other equipment and any telecommunication services required to access the Service, and ParkHappy is not responsible for any charges that you may incur to access the Service or Site. It is your responsibility to take measures to protect against viruses, bots or other destructive elements, such as through the use of industry-standard virus scanning tools. You agree that ParkHappy is not responsible or liable to you in any way for any loss or damage incurred by you in connection with your or use of the Service or Site.
You may reserve a Parking Spot through the Service by providing the required personal information, and using the accepted payment methods specified at the time of purchase (such as credit card, debit card, PayPal). All purchases are subject to all applicable taxes and any additional charges which may be specified by the Licensor.
We recommend that you carefully review the Licensor Terms before reserving your Parking Spot.
ParkHappy uses a third party service provider to process payments, which has been certified to PCI Service Provider Level 1, the most stringent level of certification available in the payments industry. To accomplish this, the third party service provider makes use of best-in-class security tools and practices to maintain a high level of security. Once the transaction has been completed, you will receive a notification through the Service via the ParkHappy App, confirming your purchase. A copy of your transaction record will be maintained in your registration account.
If payment cannot be processed or authorized, you will be notified via email, and your purchase will be cancelled. ParkHappy is not liable for any payments that cannot be processed or authorized, nor for any delay by your banking institution or card issuer in releasing monies back to you.
You may cancel your reservation through the Service up to one-hour prior to the start time of your reservation. If you have been charged, you will be provided with a full refund, which may take up to at least two (2) weeks to process.
Unless you cancel your reservation in accordance with these terms, you are not eligible for a refund in the event of non-use of your reservation for any reason whatsoever regarding your non-use (such as traffic delays, inclement weather, construction, cancellation of an event).
This Site and Service is comprised of proprietary, trademarked and copyright-protected content, including but not limited to photos, video, graphics, music, sound, art, and text (the “Content”). All Content is protected by intellectual property laws, and is owned by ParkHappy, licensed to ParkHappy, or otherwise provided by a third-party.
You are hereby granted a non-exclusive, limited, non-transferable licence to use, access and view the Content for the purpose of using the site, for personal use. All rights are otherwise reserved. No other uses of the Content is permitted, unless otherwise permitted by law. You may not modify, publish, distribute, transmit, link, deep link, or create derivative works, without the express permission of ParkHappy or the copyright owner.
You acknowledge that ParkHappy shall have the right, but has no obligation, to monitor the Site and Service, and to remove any materials that ParkHappy finds objectionable, in its sole opinion.
You agree that your use of the Site and Services will be in accordance with all applicable laws and regulations and that you will not use the Site or Services in an unlawful manner, including with respect to the use of mobile devices while operating a motor vehicle.
You agree not to not use the Site or Services to: (a) transmit abusive, defamatory, libellous, sexist, racist, discriminatory, unlawful, harmful to minors, demeaning, offensive, threatening, obscene, illegal conduct, violates the rights of others, or misleading content, material or communication, of any kind or nature whatsoever; (b) infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever; (c) use the Site or Services in any manner that violates or attempts to violate the security of the Site or Services, including but not limited to unauthorized access to registration accounts, using any spider or other devices or viruses or code designed to disrupt, scrape, damage or otherwise limit the functionality of the site, or copy or monitor the site, or attempting to scan or test the site to breach its security; (d) promote political, religious, commercial activities, including but not limited to advertising, linking, or any other form of solicitation for goods and services without the prior written consent of ParkHappy; or (e) solicit users to other services that compete directly or indirectly with this site, or diminishes the users need to use this site.
The Service may permit you to post comments, questions, provide feedback, ratings, and interact with ParkHappy, Licensors and other users. These interactions are public and not confidential, and may be available to any user of the Site.
You hereby represent and warrant that you are the intellectual property or proprietary owner of any materials protected by intellectual property or proprietary rights that you make available to the Site and that you have the unimpaired right to convey a licence to ParkHappy without further payment to an intellectual property owner.
By making materials available to the Site, you hereby grant ParkHappy a perpetual, royalty-free, irrevocable, worldwide non-exclusive licence to publish, display, modify, distribute, communicate to the public, in any material form, in whole or in party, on any platform known now or developed in the future, and to sub-licence such rights to any licensee or sub-licensee of ParkHappy, and a licence to use any material you make available to the site for any lawful purpose whatsoever, including but not limited to market research, advertising, and promotions.
ParkHappy hereby disclaims any liability in any material you make available to the site, including any objectionable content.
This Site and Service may contain content supplied by third parties and users, such as advertisements, user content, and links to Licensors or other third-party websites (“third-party content”).
Your reliance on any third-party content is solely at your own risk. ParkHappy does not control third-party content. You may find third-party websites inappropriate. ParkHappy is not responsible for any form of transmission received from a link to a third-party website. ParkHappy does not endorse the accuracy, quality, or reliability of any third-party content. ParkHappy hereby expressly disclaims any warranties regarding the content, legality or accuracy of third-party content. ParkHappy is not liable for errors, omissions or delays in third-party content. You agree that ParkHappy is not responsible or liable to you in any way for any loss or damage incurred by you in connection with your reliance on or use of third-party content. You agree that you are solely responsible for all risks associated with your use of or reliance on the Content, third-party content, Site or Services.
You agree that any dealings you have with a third-party on the Site or Service are solely between you and the third party, and ParkHappy assumes no liability or responsibility to you in any way for anything related to the relationship between you and the third-party, including for any losses or damages you may incur in the course of such dealings. ParkHappy does not warrant, represent, endorse, guarantee, assume responsibility or provide any conditions for any goods or services advertised or offered through the Site or Service, by third parties, including Licensors or otherwise. ParkHappy shall not be a party to any transaction that you may enter into with such third party.
You should direct any concerns you have regarding third-party content to the third-party.
Your reliance on the Site and Service is solely at your own risk. You expressly agree that to the maximum extent as permitted by law, the Site and Service are provided to you on an “as is” and “as available” basis. ParkHappy makes no warranty that the Site and Service will be free from viruses, infection, harmful elements, uninterrupted, error-free, and free from delays or omissions.
You acknowledge and agree that there are hazards inherent in Internet communications, and ParkHappy shall not be liable for any delays, omissions, inaccuracy or data loss through your communications and use of the Site and Service. The Site and Service may be unavailable for any reason from time to time, including without limitation maintenance and disruptions. ParkHappy cannot guarantee 100% availability of the Site and Service. You acknowledge that your access to the Site and Service may be interrupted from time to time.
ParkHappy does not make and hereby expressly disclaims to the maximum extent permissible by applicable laws, all representations, warranties, terms, conditions, and endorsements, of any kind whatsoever, whether express or implied, statutory or otherwise, including implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, suitability, reliability, satisfactory quality, loss of data, virus-free, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade, and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence, in respect of the Site and Service, including but not limited to the accuracy or reliability of any content, including but not limited to text, pricing, typographically errors or omissions.
In no event shall ParkHappy be liable or responsible to you or anyone else (jointly or severally) in any way for any claim, injury, personal injury, death, loss or damage of any kind whatsoever, including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits, lost savings, economic loss, revenue, goodwill, business interruption, loss of information or data or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way related to or resulting or arising from, or in any way connected with the Site and Service, including: (i) your use or inability to use or access the Site and Service; (ii) any errors, omissions or inaccuracies in any material or content on the Site and Service; (iii) personal injury, illnesses, or property damage of any kind whatsoever relating to or arising from your use of the Site and Service; (iv) any damage from any viruses, or other elements that may be harmful to your communication equipment arising from or relating to your use of the Site and Service; (v) any acts, omissions, errors, statements, conduct, ability, service quality of any third-party including Licensors and advertisers, including whether accessed or processed on the Site and Service, or otherwise; or (vi) any other matter relating to the Site and Service, regardless of whether ParkHappy had been advised of or could have foreseen the possibility of such claim, loss or damage.
For clarity, you agree and understand that the Licensor has represented that it is the independent owners, lessors, managers or operators of the Parking Spots and has the full legal authority to make the Parking Spots available to you, and you agree that the Licensor, subject to its own Licensor Terms, is responsible for any and all personal injury and property damages suffered by you or anyone else in relation to your use of the Service in respect of a Licensor’s Parking Spot. You hereby release ParkHappy from any and all claims and liability related to your use of a Parking Spot of a Licensor, any actions or inactions of a Licensor, including but not limited to a Licensor’s failure to comply with applicable laws.
The limitations of liability and disclaimers described herein will apply regardless of the form of action, whether in contract, tort (including negligence), civil liability, strict liability, or otherwise.
Notwithstanding the forgoing, in no event will ParkHappy’s aggregate liability to you exceed the greater of (1) the amount paid by you to ParkHappy in the prior three (3) months (if any), or (2) $50 CDN. These limitations shall apply to the fullest extent as permitted by applicable law.
ParkHappy will under no circumstances have any liability whatsoever for any reason of force majeure, including but not limited to power outage, lack of network, access, riot, strike, lockout, labour disputes, insurrections, civil disturbances, labour shortages, disease outbreaks, fires, floods, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals, insurrection, explosion, malicious mischief, lighting, earthquake, extreme weather conditions, internet failures, computer equipment failures, electrical power failures, telecommunication failures, or satellite failures.
You agree to indemnify, hold and save harmless ParkHappy and their respective directors, officers, employees and agents from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, in connection with, relating to or incidental to your use of the Site or Services, including but not limited to the use of the Site or Services,any injuries (including bodily harm or death), losses, damages, including property damage, of any kind arising in connection with or as a result of the Site or Services, and any violation of any law, rule or regulation of Canada or any other country, and any violation of the rights of any other person or entity.
The termination or expiry of the services or registration account will not affect the survival and enforceability of any provision of this agreement which is expressly or impliedly intended to remain in force after such termination or expiry. Except as expressly provided in these Terms of Service, no amendment or waiver of this agreement is binding unless executed in writing by the parties. No waiver of any provision of this agreement constitutes a waiver of any other provision, nor will any waiver of any provision of this agreement constitute a continuing waiver unless otherwise expressly provided. Each of the provisions contained in this agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other section. Nothing in this agreement is to be taken to constitute an association, agency, joint venture or partnership between the parties or to impose any liability attributable to any such relationship upon either party and neither party has the right to bind the other contractually or otherwise without prior written consent.
These Terms of Service are subject to and will be interpreted according to the laws in effect in the Province of Ontario and the federal laws of Canada applicable therein.
We welcome your feedback! Please contact us by phone, email, or our postal address:
Parkhappy parking solutions Incorporated (d/b/a ParkHappy)
100 Consilium Place
Scarborough, Ontario M1H 3E3