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Terms and Conditions

Terms and Conditions

CONTRACTUAL RELATIONSHIP

The present terms and conditions (hereinafter the “Terms ”) govern the access and use by you (hereinafter the “User”), of the Parkhit mobile application, made available by 93442705 Quebec Inc., a Corporation established under the Laws of Quebec and operating under the name Parkhit (hereinafter “Parkhit Mobile Platform”).

Throughout these Terms, the words “We”, “Us” and “Our” refer to Parkhit and the words “You” and “Your” refer to the User of the Parkhit Mobile Platform.

You must read carefully and agree to abide by and comply with the present Terms before accessing or using the Parkhit Mobile Platform. By using or accessing the Parkhit Mobile Platform, you are indicating your acceptance to be bound by the Terms contained herein and any obligations as a result thereof, as well as the Privacy Policy, which establish a contractual relationship between You and Parkhit. If at any time, you do not agree to these Terms, you must discontinue access and use of the Parkhit Mobile Platform and you must uninstall it. Otherwise, you are bound responsible by the present Terms.

The present Terms supersede any prior agreements or arrangements with you. Parkhit reserves the right at any time, at its sole discretion, to amend the present Terms by posting the amended terms on the Parkhit Mobile Platform. Your continued access or use of Parkhit Mobile Platform following the posting of any amendments will mean that you agree and accept to be bound by the Terms as amended from time to time.

SCOPE OF SERVICES

The Parkhit mobile application is an online platform with related technology that enables users searching for a parking spot at a specific location (the “Searcher”) to arrange bookings with individuals occupying such parking spots (the “Announcer”) (hereinafter collectively the “Services”). Parkhit is not a rental agent or property broker of any sort. Parkhit solely acts as an intermediary for Searchers and Announcers to transact and is not considered a party to any agreement entered between Searcher and Announcer nor does Parkhit make any representations or warrants towards the Services transacted between the parties, namely, the Searcher and the Announcer.

Parkhit does not offer, provide, control, manage, and/or lists parking spots and does not own any parking spots. Parkhit only provides a mobile application platform which seeks to facilitate communication and potential transactions between an Announcer and a Searcher. The ultimate decision to list and/or book a parking spot through the Parkhit Mobile Platform remains Yours and Yours alone and you hereby agree to assume any inherent risk. As such, Parkhit does not assume any responsibility or liability regarding the actual availability of any parking spots listed by Announcers in its mobile application platform. All transactions conducted through Parkhit are between Searcher and Announcer and Parkhit shall solely facilitate the transaction between the parties but shall not be a party to any agreement under any circumstances. As such, Parkhit will not be held liable in any manner whatsoever.

ACCOUNT REGISTRATION

The use of the Services requires the use of an electronic device and mobile wireless data service, which has to be obtained from a mobile telephone and/or Internet operator. The User shall be the sole responsible for any additional charges that may be related to these devices with respect to the functionalities of the Services that the User requires.

In order to use most aspects of the Services, you must register and maintain a personal account with Parkhit. You must be 18 years of age or older – or the age of legal majority in your jurisdiction if different than 18 – in order to create such account.

If you open an account on behalf of a company, organization, or other entity, then (a) "You" includes yourself and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

To register, you must provide your full name, car color, brand, model and license plate, as well as a valid method of payment. Moreover, in order to be able to list your parking space in the Parkhit Mobile Platform, you will also be required to create a Stripe Connect account and/or link your current Stripe Connect account to your Parkhit account.

You must provide accurate and complete information during the registration process and keep your Parkhit account up-to-date at all times, the whole in accordance with our Privacy Policy. Your failure to maintain a valid and accurate method of payment on file may result in your inability to access and use the Services.

You may not register more than one (1) Parkhit account, nor assign or otherwise transfer your Parkhit account to a third party. You are responsible for protecting the confidentiality of your Parkhit account’s password. You agree to be responsible for all activities conducted in your User account, whether or not authorized by you. If you believe that a third party has obtained and/or guessed your password, you must regenerate same immediately and notify Parkhit of any unauthorized use of your account without any delay.

Your account may be suspended or terminated at any time if, in our sole opinion, you are breaching any of the present Terms. In the event that your account is closed, you may not be entitled to register a new account.

Subject to your compliance with the present Terms, Parkhit grants you a limited, nonexclusive, revocable, non-transferable license to access and use the Services on your personal device solely for your personal, noncommercial use.

SERVICE FEES

You understand that the use of the Services may result in charges. When a Searcher and an Announcer agree to transact with each other, Parkhit will collect the fees due by the Searcher upon the parties’ confirmation of the transaction.

Parkhit uses a third-party payment processor to link your credit card account to the mobile application and the Services, namely Stripe Connect. The processing of payments or credits, as applicable, in connection with your use of Parkhit will be subject to the terms, conditions and privacy policies of Stripe Connect and your credit card issuer in addition to these Terms.

The price of every transaction will be as quoted on the Parkhit Mobile Platform. Parkhit receives a flat fee of 3.00$ (the “Service Fee”) of each completed transaction between a Searcher and an Announcer. Payment will be facilitated by Parkhit using the preferred payment method designated in your account and any amount collected by Parkhit will be held until disbursement and will be transferred – less the Service Fee – to the Announcer’s Stripe Connect account.

Charges will be inclusive of applicable taxes where required by law. Charges paid are final and non-refundable, unless otherwise determined by Parkhit.

Parkhit may at its sole discretion provide users with promotional offers and/or discounts. Such promotional offers, unless made to you, shall have no bearing on your use of the Services.

TERMS SPECIFIC TO THE SEARCHER

As a Searcher, you may make an enquiry by selecting the address or place where you would like to park. By making an enquiry, you are not making a reservation and you are under no obligation to complete a reservation for any parking space and neither Parkhit or an Announcer are under any obligation to provide a parking spot to you as a result of the enquiry.

Once you have made an enquiry, you may select and book a parking spot available on the Parkhit Mobile Platform at your sole discretion. If the parking spot is available, you will receive the details related to the specific location of the parking spot as well as the information regarding the car in which the Announcer will be waiting for you at the parking spot.

Unless stated otherwise in these Terms, once the booking has been confirmed, Parkhit will have no further obligation to you regarding your booking, and all responsibility lies with the Announcer. Parkhit is absolutely not liable for the obligations to be respected by any Announcer.

Once you have parked your car at the booked location, you will be required to confirm that you have parked thereat, after which any sums owed in accordance with the present Terms will be charged from your chosen method of payment.

The Searcher acknowledges that certain parking spots listed by the Announcers may be subject to certain parking restrictions and other parking limitations, including but not limited to, residential limitations and parking meters. It is the Searcher’s responsibility to determine, before parking and confirming that their car is parked, to determine that parking is authorized and available for the space that the Searcher wishes to use. The Searcher agrees that by purchasing a parking spot from an Announcer, such a purchase is subject to all local laws and that the Searcher will remain solely responsible for any ticket expenses, meter fares, or other fees related to the Searcher’s use of the chosen parking spot.

As a Searcher, you must use the vehicle for which you have provided Parkhit with details. If you use a different vehicle, you may be unable to park.

You agree, represent and warrant that you will not, under any circumstances, access, view, or use the Services while driving or otherwise operating a vehicle of any kind. You understand that using any mobile device while driving is extremely dangerous and can result in property damage, physical injuries or death. Under no circumstance will Parkhit assume any responsibility or liability for the consequences of using the mobile application while driving.

TERMS SPECIFIC TO THE ANNOUNCER

In the event you want to list a parking spot in the Parkhit Mobile Platform, you will be required to provide relevant information about the parking spot, including:

  • The location of the parking spot where your car is parked;
  • The time at which you intend to vacate the parking spot;

You may not list a parking spot which would be available for less than thirty (30) minutes from the moment you would vacate same. You are responsible for the accuracy of all information in your listing and any information that you provide in the Parkhit Mobile Platform in relation to the listing. You understand that you may be liable to the Searcher if the information you provide is inaccurate, incomplete or misleading in any manner. Your liability may include any reasonable losses incurred by the Searcher as a result of such inaccuracy, incomplete, or misleading information and you may be ordered to pay reasonable damages on the basis of misrepresentation.

You will also be required to respect the indicated time submitted in your listing at which are supposed to vacate the parking spot in order to let the Searcher park thereat.

You authorize Parkhit to accept on your behalf any amount that might be owed to you regarding your transaction with a Searcher. You understand that any sums owed to you by Parkhit in accordance with the present Terms will be deposited by Parkhit directly to your Stripe Connect account five (5) business days following the collection of the funds by Parkhit.

From time to time, we may collect payment on your behalf from a Searcher which either has to be reimbursed to the Searcher’s credit card provider, or which is deducted from a retention we have with our credit card processors (hereinafter a “Chargeback”). If we are subject to a Chargeback with respect to a transaction between yourself and a Searcher, you agree that we will not be under any obligation to make payment to you. In the event payment to you has been made by Parkhit and there is a Chargeback, we reserve the right to deduct an amount equal to the Chargebacks from any credit card details you have submitted to us and/or from payment received from Searchers for future bookings.

CANCELLATIONS AND REFUNDS - RESOLUTION CENTER

In the event you elect to cancel a transaction (or booking), you may be charged a cancellation fee which will seek to compensate your counterparty. If the User’s cancellations or any other actions are considered intolerable, in Parkhit’s sole discretion, Parkhit may, in addition to any other remedies available, immediately terminate a User’s access to the mobile platform and the Services.

In the event that you have any dispute with another User concerning a parking spot or the use of same, you will attempt to resolve same in the first instance by directly communicating with the other User.

In the event that a dispute cannot be resolved with the other User directly, you may refer the dispute to us or make a complaint via our Section – Contact Us in our Website: www.parkhit.com. In either case, you authorize us to deal with the dispute or complaints as we see fit and you agree to abide by any decisions we may make in such circumstances, which may include requiring you to refund any payment you have received.

TERMINATION

Parkhit reserves the right to terminate any Services for any reason, including the ending of services that are already underway.

Upon termination you understand and agree that

  1. All licences granted to you by Parkhit under these Terms will end;
  2. We will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and
  3. You are still liable to us for any fees, or other financial obligation incurred by you or through your use of the Services prior to termination.

INTELLECTUAL PROPERTY RIGHTS

The Services and any content distributed by means of the Services are protected by copyright (including rights in derivative works), trademark and other Canadian and foreign laws on intellectual property. All of the rights, titles and interests related to the Services belong to Parkhit and its suppliers as exclusive or non-exclusive assignees or licensees.

Except as expressly authorized in the present Terms, the user may not produce, reproduce, modify, publish, transfer, distribute, sell, publicly display, publicly execute, transmit or otherwise use or operate the Services or any content distributed through the Parkhit Mobile Platform, commercially or not, or create works derived from it.

Any use of the Services, or of any content distributed through the Services, that is not explicitly authorized by the present Terms is strictly forbidden.

DISCLAMERS

Parkhit does not warrant that the Services will be uninterrupted, timely or error free, although they are provided to the best ability.

Parkhit attempts to make every effort to ensure that the content on its mobile platform (the “Content”) is complete and accurate. However, Parkhit does not warrant the quality, accuracy or completeness of Content on our application. Such information is provided “as is” without warranty or condition of any kind. The Parkhit Mobile Application may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall Parkhit be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Parkhit Mobile Application.

The Services may contain hypertext links to/from websites operated by parties other than Parkhit. Such hypertext links are provided for User’s reference only, and Parkhit does not control such websites and is not responsible for their content. Parkhit’s inclusion of any hypertext links to/from such websites does not imply any endorsement of the material on such websites or any association with their operators. Parkhit assumes no liability whatsoever for any such third-party websites or any content, features, products or services made available through such third-party websites. If you decide to leave the Parkhit Mobile Platform and access any such third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCEPT FOR A BREACH OF CONFIDENTIALITY, IN NO EVENT WILL PARKHIT BE LIABLE TO THE USER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR LIKE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO PERSONAL PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PARKHIT MOBILE PLATFORM, ANY PARKHIT CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH PARKHIT OR ITS REPRESENTATIVES, HOWEVER CAUSED.

INDEMNIFICATION

You agree to indemnify, defend, release, and hold harmless Parkhit, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Parkhit Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of Parkhit’s platform, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.

Parkhit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Parkhit in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Parkhit properties.

APPLICABLE LAW AND JURISDICTION

The present Terms shall be governed by and interpreted in accordance with the laws of the province of Quebec, Canada and the laws of Canada that apply to contracts that are concluded between Quebec residents and are to be carried out in Quebec. The parties hereby irrevocably submit to the jurisdiction of the courts of the District of Montreal in the province of Quebec.

If any particular provision of the present agreement is declared invalid by a court that has jurisdiction, that provision shall be deemed to be excluded from the present agreement and shall have no effect on the validity of the present agreement as a whole.

CONTACT US

Should you have any concerns, questions or comments about your personal information or its collection, use or communication, you can contact us as follows:

info@parkhit.com


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