TERMS AND CONDITIONS

This EasyPark Mobile Payments for Parking Terms of Use (“Agreement”) sets forth a legally binding agreement between you and the Parking Corporation of Vancouver (“EasyPark”). This web site or application, including any software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), documentation and any accompanying fonts (collectively, the “Platform”) and the features at this Platform, are intended for and applicable only for residents of the Province of British Columbia. If you are from another jurisdiction, you may not use this Platform. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to EasyPark, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, applicable within the laws of the Province of British Columbia. Please read this Agreement carefully before using this Platform.

From time to time we may update this Platform and this Agreement. Your use of this Platform after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. EasyPark may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and EasyPark will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated. You further agree that EasyPark will not be liable for any modification or suspension of the Platform.

Please read this Agreement carefully before using the Platform. If you do not agree to the terms contained in this Agreement, then you may not use the Platform. Your use of the Platform constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Platform. You represent that you have the legal authority to bind yourself or any party you represent to this Agreement.

YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN EASYPARK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

On certain areas of this Platform, you may be given the ability to provide us with personally identifiable information. EasyPark’s Privacy Policy explains how EasyPark collects, uses and discloses information that pertains to your privacy and personal information. The Privacy Policy forms part of this Agreement with you and is incorporated herein. For full details, please refer to our Privacy Policy.

GRANT OF LICENSE

EasyPark grants you a limited, non-exclusive, non-transferable, fully revocable and non-sublicenseable right and license to access and use the Platform pursuant to the terms of this Agreement. The Platform whether in read-only memory, on any other media or in any other form are licensed to you by EasyPark subject to the terms of this Agreement. Neither title to, nor any intellectual property rights in, the Platform are transferred to you, but rather remain with EasyPark or its licensors, who own full and complete title, and EasyPark and respective licensors reserve all rights not expressly granted to you in this Agreement. The rights granted herein are non-transferable, and are limited to EasyPark’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device – including mobile phones, tablets or other mobile devices – at a time. This Agreement does not grant you any rights to use EasyPark proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification or distribution of the Platform or copying or distribution of any services, information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and compilations of the foregoing that may be provided to you or enabled via the Platform (collectively, “Content”) is prohibited. This Agreement does not entitle you to receive and does not obligate EasyPark to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform. This Agreement is effective until terminated.

Your rights under this Agreement will terminate automatically without notice from EasyPark if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform and delete all copies of the Platform from your mobile or other device and account.

EasyPark CONTENT

EasyPark provides this Platform to you, subject to this Agreement. This Platform, and any Content provided or enabled by EasyPark or its content providers, are the property of EasyPark and its content providers, and is protected in British Columbia, Canada and internationally under trademark, copyright, and other intellectual property laws, and are intended for the lawful use by registered users (as applicable) of this Platform in accordance with the terms of this Agreement. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify EasyPark if any of your information changes. EasyPark makes no representation that the Platform or Content are appropriate or available for use in particular locations.

You agree not to download, display or use any Content for use in any publications, in public performances, on websites, on applications, for any other commercial purpose, in connection with products or services that are not those of EasyPark, in any other manner that is likely to cause confusion among consumers, that disparages or discredits EasyPark and/or its licensors, that dilutes the strength of EasyPark or its licensors’ property, or that otherwise infringes EasyPark or its licensors’ intellectual property rights. You further agree to in no other way misuse the Platform or any Content including any third party Content.

ACCOUNTS, SECURITY, PASSWORDS

Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform. Where the Platform requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, including, without limitation, your name, address, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Any loss caused by your failure to do so is your responsibility. You represent that all such information provided to EasyPark shall be complete and accurate and agree that you shall not impersonate any other person or otherwise misrepresent your identity to EasyPark. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify EasyPark immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, PIN, or other information which provides you access to the Platform. EasyPark is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

You agree that EasyPark may collect and use technical and usage data and related information, including but not limited to technical information about your device, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Platform. You grant EasyPark an unlimited, world-wide, irrevocable and royalty free license, which shall survive termination of this Agreement, to use this information, and any derivative data, to improve its products, services and technologies.

USE OF PARKING PAYMENT SERVICES

You activate the mobile parking payment services (“Parking Services”) by either: (a) using the EasyPark Parking app; or (b) accessing the EasyPark website at www.easypark.ca either on your desktop or mobile browser. You are responsible for correctly entering the relevant parking location ID number, which is indicated on the sign in the parking facility in which your vehicle is parked. The parking location ID informs us of the location where your vehicle is parked and links us to the parking rates and time restrictions, if any, which are in effect at that location. These rates allow EasyPark to charge you for your parking and apply any time restrictions on the amount of time you are permitted to park your vehicle in that location. Note that use of the Platform does not guarantee you a parking space and you may only activate the Platform after you have found an available space.

All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive via the Platform, or otherwise, from EasyPark if for any reason such information is inconsistent. All applicable parking regulations apply to you and your use of the Platform does not exempt you from following such rules. Parking rates may be subject to change and it is your responsibility to ensure that you are paying at the then current parking rate. You agree to pay all fees for Parking Services provided to you pursuant to this Agreement. EasyPark shall process the parking fee from the funds available in your pre-funded account and/or charging your stored method of payment to replenish your account funds or directly pay for your parking transaction at the time of your parking transaction. You must have a valid method of payment registered and/or sufficient funds in your pre-funded account, or suspension of Parking Services may occur.

You know that EasyPark has validly accepted your parking transaction when you have received confirmation. You are responsible for ensuring that you have properly activated the Parking Service, for the relevant parking location ID before you leave your vehicle unattended. You are responsible for any fine, ticket, or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or Internet that the vehicle is validly parked.

In the event that the Platform or Parking Services are unavailable, you must pay the appropriate parking fee that is due by paying at a payment device located on the site, or where an on-site payment device is not available you will not be permitted to park at the location.

EasyPark is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive regardless of whether or not you receive any notification via the Platform that the vehicle is validly parked. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize EasyPark to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, EasyPark may provide all or a portion of your information collected by EasyPark to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Parking Services (whether due to a declined credit card or other circumstances), then EasyPark, upon the reasonable request of the relevant authorities, may provide all or a portion of your information collected by EasyPark to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you.

If you do not use your Platform account for 2 years, consecutively, EasyPark may close your account. If your account is closed for any reason including for inactivity, EasyPark will refund any remaining balance after all pending parking transactions are cleared to the payment method on file at the time. In the event a refund cannot be refunded to the payment method, you must contact EasyPark for alternative ways to receive any applicable refund. Please allow up to 6 weeks for refunds to be processed.

USE OF THE PLATFORM

The following requirements apply to your use of the Platform:

You will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You will not use the Platform for any commercial purpose not expressly approved by EasyPark in writing.
You will not upload or otherwise transmit any material that contains viruses, malware, worms, adware, ransomware, spyware, Trojan horses, or any other code, files, scripts, active content, software or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time.
You will not make the Platform available over a network where it could be used on multiple devices at the same time.
You will not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform, including any copy thereof.
You will not collect or store personal data about other users.
Except as and only to the extent permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform or any part thereof. Any attempt to do so is a violation of the rights of EasyPark and its licensors of the Platform. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder.

INTELLECTUAL PROPERTY OWNERSHIP

There are a number of trade names, trademarks, logos, service marks, slogans, product names and designations and other proprietary marks and indicia (collectively “Trademarks”) used in the Platform and the Content. By making these Trademarks available through the Platform and the Content, EasyPark is not granting you a license to use them in any fashion, and you are not granted any license under any of EasyPark’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No EasyPark Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without EasyPark’s prior written permission.

The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by EasyPark, or its respective licensors. The unauthorized copying, displaying, selling, distributing or other use of any Content, Parking Services or the Platform is a violation of the terms of this Agreement and applicable laws. You acknowledge having been advised by EasyPark that the Platform and Content are protected in Canada and internationally by applicable law, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.

REPRESENTATIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY

EasyPark and its parents, subsidiaries, affiliates, directors, officers, employees, agents and contractors and each of their parents, subsidiaries, affiliates, directors, officers, employees, agents and contributors (collectively, “EasyPark Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform or in the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by EasyPark or any EasyPark Affiliates.

Transactions conducted via the Internet have inherent risks and the Platform may be subject to breaches of security. EasyPark and EasyPark Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any viruses, malware, worms, adware, ransomware, spyware, Trojan horses, or other malicious software, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions and transactions made or conducted over the Internet may not be secure, and you should consider this before e-mailing EasyPark or any EasyPark Affiliates any information or posting information to the Platform or otherwise conducting business with EasyPark or any EasyPark Affiliates over the Internet. EasyPark and the EasyPark Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform, the Content or the Parking Services. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.

The failure of EasyPark or any EasyPark Affiliates to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, or local governmental authorities or for any other reason beyond the reasonable control of EasyPark or any EasyPark Affiliates, shall not be deemed a breach of this Agreement.

THE PLATFORM (INCLUDING ALL PLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. EasyPark AND EasyPark AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT. EasyPark DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL BE CORRECTED. No oral or written information or advice given by EasyPark, any EasyPark Affiliates or an authorized representative of EasyPark or any EasyPark Affiliates shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform or any Content prove defective, you assume the entire cost of all necessary servicing, repair or correction.

YOU AGREE THAT EasyPark AND EasyPark AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PLATFORM OR THE CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY EasyPark, ANY EasyPark AFFILIATES, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF EasyPark OR EasyPark AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM OR ITS RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR ACCEPTING ANY PARKING SERVICES OR CONTENT FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND AND HOLD EasyPark AND EasyPark AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE LEGAL FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, PROVINCIAL, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM, THE PARKING SERVICES OR THE CONTENT;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR USERNAME/PASSWORD/PIN.

YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM AGAINST EasyPark OR ANY EasyPark AFFILIATE. EasyPark RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF EasyPark.

MOBILE SERVICE, TEXT MESSAGE, INTERNET AND SERVICE FEES

The use of the Platform may require use of a mobile device and phone service, wireless mobile data service, and text messaging capability, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, Content or Parking Services, including without limitation, administrative messages, service announcements, and diagnostic data reports, from EasyPark, your mobile carrier or third party service providers. If you agree to receive text messages from the Platform, the frequency of messages will vary based on your parking activity. Certain texts are required to use the Platform, including verification texts. Message and data rates may apply from your mobile carrier. By agreeing to use the Platform pursuant to the terms of this Agreement, you approve any such charges from your mobile carrier. If you do not have an unlimited wireless mobile data plan or text messaging capability, you may incur additional charges from your wireless service provider in connection with your use of the Platform and the Parking Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.

Some or all of the Platform, Content or Parking Services may not work with all devices or all mobile carriers. EasyPark makes no representations that the Platform will be compatible with or supported by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide in connection with you use of the Platform, the Parking Services, or the Content, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

The information in any Platform message may be subject to certain time lags and/or delays and EasyPark and the EasyPark Affiliates shall not be responsible for any damages or costs of any kind incurred by you as a result of any such time lags or delays. You are responsible for managing the types of SMS texts and notifications you receive.

OPERATING A MOBILE DEVICE WHILE DRIVING IS DANGEROUS AND IN SOME JURISDICTIONS MAY BE UNLAWFUL AND EasyPark ADVISES YOU NOT TO USE THE PLATFORM OR PARKING SERVICES, OR TO ACCESS OR VIEW CONTENT WHILE OPERATING A VEHICLE. YOU AGREE TO INDEMNIFY AND HOLD EasyPark AND THE EasyPark AFFILIATES HARMLESS FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY HARM, LOSS, INJURY, DAMAGES OR COSTS (INCLUDING REASONABLE LEGAL FEES AND COURT COSTS IN CONNECTION THEREWITH) RELATED TO YOUR USE OF THE PLATFORM, PARKING SERVICES OR CONTENT IN ANY WAY WHILE OPERATING ANY VEHICLE.

GOVERNING LAW

By using the Platform, you agree that the laws of the Province of British Columbia and the Federal laws of Canada applicable therein, will govern this Agreement and any disputes hereunder, without regard to Principles of Conflicts of laws.

Last Updated on 04-11-2015.