Privacy Policy, Terms of Use & Terms of Sale


PRIVACY POLICY

Last Updated: November 22, 2016

Our commitment to privacy - Our Privacy Code

Where I Park Inc. (“WhereiPark”) knows that protecting the privacy and confidentiality of your personal information is important. Collection, use and disclosure of personal information by WhereiPark is governed by the Personal Information Protection and Electronic Documents Act (the "Act"), and any applicable provincial legislation. This Privacy Code explains what personal information is collected from users of WhereiPark and how it is used. It also explains how you can ask questions, make suggestions, and complain about our privacy practices.

This Privacy Code applies to personal information (see below) collected by WhereiPark. Please be aware that WhereiPark may contain links to other websites provided and maintained exclusively by third parties that are not subject to this Privacy Code. Please review the privacy policies on any external websites to determine their information handling practices. WhereiPark will not be liable under any circumstances for any damages whatsoever, direct or indirect, resulting from any use of WhereiPark or any other third party website linked to WhereiPark, whether or not we are advised of the possibility of such damages. This Privacy Code is available to the public in electronic form via help@whereipark.com and in paper form from WhereiPark’s office. If you have any additional concerns or questions, we encourage you to contact us and we will address your concerns to the best of our ability. Please read this Privacy Code carefully and check back periodically as we update it from time to time. By submitting your personal information to WhereiPark and by visiting WhereiPark’s website and/or using WhereiPark’s applications, you signify your agreement to the terms and conditions of this Privacy Code.

What is personal information?

Personal information is any information about an identifiable individual. Personal information does not include the name, title, business address or telephone number of an employee of an organization. Information used solely for journalistic purposes is exempted from the Act.

WhereiPark is responsible for personal information under its control. Our employees are informed about the importance of privacy and receive periodic information to update them about our Privacy Code and related policies.

Children

Children under 18 are not eligible to use WhereiPark unsupervised. If you are under 18, be sure to obtain your parent or guardian's permission before you send any personal information to us, or anyone else, over the Internet. We encourage parents to get involved with their children's online usage and to be aware of the activities in which they are participating.

What personal information do we collect, and why?

WhereiPark collects personal information for specific, limited purposes. Information is collected by fair and lawful means.

To whom does WhereiPark disclose personal information, and why?

WhereiPark may disclose your personal information under the following circumstances:

Consent and opt-out policy

In general, WhereiPark seeks consent to use your personal information in accordance with our opt-out policy. Except as set out in this section, WhereiPark obtains your express opt-in consent to use or disclose sensitive personal information.

If you do not wish to receive Marketing Offers, you may opt-out at any time by doing any of the following:

Safeguards

WhereiPark maintains personal information in a combination of paper and electronic files. We take technical, contractual, administrative and physical security measures to protect your personal information. Not all WhereiPark interactions require that credit card information be provided. If you provide credit card information to us, we work to help protect the security of your credit card information by using industry standard security technology.

Please be aware that email is not a secure medium, and any personal information you send to us by email could be intercepted. If your communication is very sensitive, or includes information such as your credit card number, you should not send it electronically unless the email is encrypted or your browser indicates that the access to our website is secure. Materials posted to online forums such as bulletin boards or chat rooms are public, not secure and may be viewed by anyone. Any personal information you post may be collected and used by anyone and may result in unsolicited messages from other internet users.

How to access and correct your personal information

WhereiPark provides you with the means to access, update, edit or delete certain personal information you have provided at any time by going to the appropriate page on www.whereipark.com, and changing or deleting such information as desired.

If you want to close your account or have other questions or requests, please contact us. While we are ready to assist you in closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on our site for financial reporting and compliance reasons.

We will give you access to the information we retain about you within a reasonable time, upon written request, satisfactory identification and proof of entitlement. In some cases, we may not provide access to personal information in our possession or control. If we deny your request, we will advise you in writing of the reason for the refusal and you may challenge our decision.

How to challenge our privacy practices

WhereiPark encourages you to contact us with any questions or concerns you have about your privacy or this Privacy Code. If you have a question concerning WhereiPark’s Privacy Code, would like a copy, or if you have a complaint, please contact Client Services at help@whereipark.com.


TERMS AND CONDITIONS OF USE

IMPORTANT: ALL USERS ARE REQUIRED TO READ THIS SECTION WHERE I PARK, INC. ("WhereiPark") PROVIDES THIS WEB SITE (AND ALL ASSOCIATED APPLICATIONS, INCLUDING ANY WhereiPark MOBILE APPLICATIONS (COLLECTIVELY, THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF USE"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE.


Dear WhereiPark user,

Thank you for visiting WhereiPark.com, an online company doing business at www.whereipark.com and owned and operated by Where I Park, Inc. The Terms of Use which incorporate the Privacy Policy set forth the terms and conditions that govern the use of this Site and that must be followed by any person or entity (User) that uses the Site whether as a) a consumer who is searching for or booking parking or b) an owner or operator of a parking space or spaces who is interested in securing a renter or renters for such space(s).

Acceptance of Terms of Use

By using this Site (which includes visiting the Site whether or not participating in any commerce) you agree to the terms and conditions set forth below and provided by WhereiPark and to follow all applicable regulations that apply to this Site. If you do not agree to the Terms of Use you must stop using the Site.

Conditions

WhereiPark reserves the right to make changes to the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to Users. Such changes may include, among other things, the adding of certain fees or charges. We therefore suggest that all Users re-read the Terms of Use and Privacy Policy from time to time to be aware of any such changes. By using this Site after any such changes to the Terms of Use and/or Privacy Policy have been made you impliedly agree to the Terms of Use and Privacy Policy expressed herein and are deemed to accept such changes. Changes to the Terms of Use are effective immediately upon being posted to this Site, whether on this Terms of Use page or elsewhere on the Site. If you do not agree to any amended Site Terms, you must stop using the Site.

Privacy Policy

Please refer to WhereiPark’s Privacy Policy (the "Privacy Policy") for information on how WhereiPark collects, uses and discloses personally identifiable information from its users.

Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the WhereiPark logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of WhereiPark or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.

Copyright and Trademarks

WhereiPark, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of WhereiPark and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WhereiPark or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of WhereiPark and may not be copied, imitated or used, in whole or in part, without the prior written permission of WhereiPark. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WhereiPark.

Everything located on or in this Site is the exclusive property of WhereiPark or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF WHEREIPARK, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and /or criminal penalties.

Limited License

WhereiPark grants you a limited, nonsublicensable license to access and use the Site and to view and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational and personal use (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use the Site or the Site Content other than for its intended purpose; and (iv) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of WhereiPark is strictly prohibited and will terminate the license granted herein.


Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify WhereiPark against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms. To request permission for uses of Site Content not included in the foregoing license, you may contact WhereiPark at the address set out at the bottom of these Site Terms.

Hyperlinks and Third Party Content

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray WhereiPark or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a WhereiPark logo or other proprietary graphic of WhereiPark to link to the Site without the express written permission of WhereiPark. Further, you may not use, frame or utilize framing techniques to enclose any WhereiPark trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without WhereiPark’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WhereiPark or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of WhereiPark or any third party without the prior written permission of WhereiPark or such other party that may own such patent, trademark, copyright or other proprietary right(s). The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. WhereiPark does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. WhereiPark provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply WhereiPark’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. WhereiPark accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.


Under no circumstances will WhereiPark be liable for any loss or damage caused by an end user's reliance on information obtained through WhereiPark. It is the User’s responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.

User Conduct and Use of Interactive Areas

This Site is private property and all interactions on this Site must comply with these Terms of Use. Users are required to restrict any and all activity with the Site to that which involves lawful purposes only. User participation and interaction is encouraged on the Site. The Site may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site as well as user generated content areas of the Site relating to information about specific listings ("Interactive Areas"). When WhereiPark provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

WhereiPark takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is WhereiPark liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. As a provider of interactive services, WhereiPark is not liable for any statements, representations or Content provided by its users in any Interactive Area or elsewhere on the Site. Although WhereiPark has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, WhereiPark reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with governmental requests, subpoenas or court orders, to protect WhereiPark systems and customers, or to ensure the integrity and operation of WhereiPark's business and systems, WhereiPark may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, and you hereby acknowledge such right of WhereiPark and consent and agree to any such disclosure. WhereiPark’s right to disclose any such information shall govern over any terms of WhereiPark’s Privacy Policy.

Rights to User Content

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant WhereiPark and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant WhereiPark and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant WhereiPark the right to pursue at law any person or entity that violates your or WhereiPark’s rights in the Content by a breach of these Site Terms.

User Information, Registration Data, Email Alerts and Account Security

This Agreement sets forth the terms and conditions that govern the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this Site is given on an individual basis to a specific End User and is not transferable. Each End User is responsible for protecting the confidentiality of End User's password(s), if any.


You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to WhereiPark, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email list whereby you may be alerted by email about offers from WhereiPark and/or its partners; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to WhereiPark.


End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of WhereiPark and that WhereiPark shall not be responsible for any data lost while transmitting information on the Internet. While WhereiPark endeavours to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by WhereiPark, your access to the Site may be interrupted, suspended or terminated from time to time or generally.


WhereiPark has the right to change or discontinue any aspect or feature of the Site and WhereiPark's business, including, but not limited to, content, hours of availability, eligibility requirements for various aspects of the Site and equipment needed for access or use. Further, WhereiPark may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.

Advertisements and Promotions

WhereiPark may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than WhereiPark, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. WhereiPark is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Warranty Disclaimer

Except as expressly provided to the contrary in a writing by WhereiPark, the Site, the materials contained therein and the services provided on or in connection therewith including without limitation any billing functionality (the "Services") are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. WhereiPark expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, that the Site will be uninterrupted or error free, Content and materials on the Site. WhereiPark does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof. WhereiPark is not responsible for typographical errors or omissions relating to pricing, text or photography. While WhereiPark attempts to make your access to and use of the Site and the Services safe, WhereiPark cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.

Limitation Of Liability

You waive and covenant not to assert any claims or allegations of any nature whatsoever against WhereiPark, its affiliates, its partners, or their respective directors, officers, employees or agents (collectively, the "WhereiPark Parties") arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site. Furthermore, WhereiPark shall not be responsible for:



In no event shall the aggregate liability of the WhereiPark Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to WhereiPark for access to or use of the Site.

Privacy and User Communications

WhereiPark will only use personal information you provide to WhereiPark in accordance with the Privacy Policy. You hereby consent and agree to the use and disclosure of your personal information in accordance with the Privacy Policy.

WhereiPark is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from WhereiPark by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.

Applicable Law and Venue

The Site (excluding Third-Party Sites) is controlled by WhereiPark and operated by it from its offices in Toronto, Ontario. While WhereiPark has made no effort to publish the Site elsewhere, the Site is accessible in all Provinces of Canada and in other countries. You and WhereiPark both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and WhereiPark explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.


Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against WhereiPark related to any Claim and, where applicable, you also agree to opt out of any class proceedings against WhereiPark. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.


To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify WhereiPark for your failure to comply with any such laws.

Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms of Use, WhereiPark reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.

Miscellaneous

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. WhereiPark may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of WhereiPark, and any such attempted assignment will be void and unenforceable. These Terms of Use constitute the entire agreement between you and WhereiPark regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and WhereiPark regarding your use of the Site. The parties confirm that it is their wish that these Terms of Use, as well as any other documents relating to these Terms of Use, including notices, have been and shall be drawn up in the English language only. Les parties aux presentes confirment leur volont que cette convention, de meme que tous les documents, y compris tous avis, annexes et autorisations s'y rattachant, soient redigs en langue anglaise seulement.

Questions and Comments

If you have any questions regarding these Terms of Use or your use of the Site, please contact us at help@whereipark.com

Version: 1.01

Dated: November 22, 2016

TERMS OF SALE

When you make a booking on the Site you are making an offer to rent the parking that you have selected on the following terms. To make a booking on the Site you must first register with the Site and create a user account.