Privacy Policy, Terms of Use & Terms of Sale

PRIVACY POLICY

Last Updated: November 20, 2024

Our commitment to privacy - Our Privacy Code

Where I Park Inc. and Where I Park USA Inc. (herein referred to as “WhereiPark”) know 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 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 [email protected] 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 the age of 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.

  • We collect contact information (for example, name, address, email address, and telephone numbers) when you register and/or update your account at WhereiPark.com; whether as a consumer interested in our service or as an individual or business interested in using our service as a way to reach a consumer or consumers. This information is used to complete your WhereiPark transactions and respond to your inquiries.

  • WhereiPark uses a trusted and secure third-party partner to collect and process credit card information as needed if you make a purchase. WhereiPark does not store your credit card information.

  • If you enter a contest or other promotion, we use your personal contact information to administer the contest or promotion including contacting, announcing and promoting prizewinners.

  • We collect purchase history so we can better service you and our partners and to gain a better understanding of your interests so that we may develop better products and services and to determine eligibility for our products and services.

  • We collect, use and store your location history to establish your location, improve your experience and from time to time to send you information, such as offers, that are most relevant to your geographic location.

  • We may also use personal contact and history information from time to time to contact you about changes, enhancements or other notices related to purchases you have made, our partners or about WhereiPark’s business. In addition, if you have given us your prior consent, we may use this information to send you offers or information from us, our affiliates and from selected sponsors or advertisers ("Marketing Offers"). If you do not wish to receive Marketing Offers, you may opt-out at any time by following the procedure set out in our opt-out policy (see below).

  • We keep notes and special instructions on file for advertisers, members and/or visitors to help us fulfill your request and provide customer service.

  • If you choose to opt out of any use of your personal information in accordance with our opt-out policy, we keep your contact information on a list so that your request can be honored. If you contact any of our departments, we collect your contact information and the nature of your reasoning for making contact, for the purpose of investigating and responding to you.

  • If you are a service provider, advertiser or person or entity providing a service made available through WhereiPark, we may collect your social insurance or tax identification number for tax reporting purposes and your contact information to pay you. We may also collect financial information (for example, banking details and credit history) from you to assess credit risk, sales data and to prepare financial, analytics and/or other reports and other information to help us evaluate services.

  • Purposes for the collection, use or disclosure of personal information, which are not set out in this Privacy Code, will be set out at the time of collection.

  • We also collect certain non-personal information, like internet cookies and data for market research:

  • Internet Cookies: An internet cookie is a small piece of information that a website stores on your internet browser. We use cookies to better understand how you use our websites and to improve your experience. For example, a cookie may recall a set of preferences you have set for our website. Storing cookies on your web browser allows us to present you with custom web pages and other content that are tuned to your preferences. These activities are invisible to you and are generally intended to improve your internet surfing convenience. Unless you have set your preferences so that you will be alerted when a cookie is being stored on your computer, you will not know about it.

  • If you are concerned about cookies, it is possible to turn them off in your web browser preferences. However, please be aware that by disabling cookies, you may not be able to use all portions of our website or service and may not have the optimal experience.

  • You may manage how your mobile device and mobile browser share location information with WhereiPark, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to the instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

  • You may also manage the sharing of certain personal information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between WhereiPark and your social media account or your mobile device.

  • We may place advertising or other links on our sites that originate from outside advertisers. If you view these ads, the advertisers may assign a cookie. WhereiPark does not control these cookies, nor is it responsible for any marketing or other use of your information by these advertisers.

  • Market research: Occasionally, we ask our customers to complete market research surveys. Survey results are aggregated and shared with our advertisers, sponsors and affiliates in a manner that does not disclose personal information.

  • We use cookies to help keep track of bookings and listings you have abandoned prior to submitting and this information may be used to determine when to send reminder messages via SMS.

To whom does WhereiPark disclose personal information, and why?

WhereiPark may disclose your personal information under the following circumstances:

  • WhereiPark shares some of your personal information with participants who list parking spots and from whom you have requested and/or confirmed a booking to allow them to provide the products or services to the correct individuals and to allow them to keep track of what they have provided. We provide as much information as is necessary. Sharing this information will allow the entity or person from whom you have requested and/or confirmed a booking to contact you directly should they choose to do so.

  • In order to provide you with Marketing Offers (see above), if you have provided consent, WhereiPark may disclose your personal contact information to affiliates and selected sponsors and advertisers. If you do not wish to receive any further Marketing Offers, you may opt-out at any time by following the procedure set out in our opt-out policy (see below).

  • WhereiPark may also disclose or share non-personally identifiable information with actual or prospective partners, advertisers, parking listing operators and/or vendors to help explain our business and the effectiveness of our business or for promotional purposes. For example, we may disclose aggregated demographic information that does not include any personally identifiable information.

  • WhereiPark may transfer your personal information to service providers acting on its behalf in order to perform processing and other specialized services, for example, prize fulfillment of our contests, collection of overdue accounts or credit card processing.

  • Your personal information may be processed and stored outside of the state or province in which you reside and/or outside of your country by us, an affiliate, or a third-party service provider for the purposes set out in this Privacy Code and, under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access your personal information.

  • When WhereiPark needs to disclose your personal information to unrelated parties, for example, if we find you have violated any stated terms of service or conditions of purchase, or if we need to comply with applicable laws and lawful governmental requests, other legal and regulatory authorities and other legal reasons.

  • WhereiPark may disclose your personal information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. We will require such parties to treat your personal information in accordance with this Privacy Code and to use and disclose it only for the purposes for which it was collected.

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:

  • Follow the instructions at the bottom of any email Marketing Offer you receive. Inform your telemarketer at the time you are called with a Marketing Offer.

  • Email [email protected] and request that your personal information not be used for Marketing Offers.

  • We reserve the right to use and disclose your personal information without consent where required or permitted by law, for example, if we have reasonable grounds to believe the information could be useful when investigating a contravention of a federal, state, provincial or foreign law, in order to protect or defend our legal interests, or to comply with applicable laws and lawful governmental requests.

  • We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

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 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 [email protected].


TERMS AND CONDITIONS OF USE

IMPORTANT: ALL USERS ARE REQUIRED TO READ THIS SECTION. WHERE I PARK, INC. AND WHERE I PARK USA INC. ("WhereiPark") PROVIDE 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 WEBSITE, 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 WhereiPark 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 addition 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 the 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 the End User to civil and /or criminal penalties.

Limited License

WhereiPark grants you a limited, non-sublicensable 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 caching), 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 use 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:

  • Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

  • Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

  • Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

  • Content that would violate or infringe upon the rights of others

  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  • Content that is false and misleading;

  • Unsolicited promotions, political campaigning, advertising, or solicitations;

  • Viruses, corrupted data, or other harmful, disruptive, or destructive files;

  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

  • Content that, in the sole judgment of WhereiPark, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose WhereiPark or its affiliates or its users to any harm or liability of any type.

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 endeavors 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 not limited 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 non-infringement 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:


  • theft, vandalism, weather-related damage, damage resulting from a third party, acts of god that damage the property or impair the business in any way of an individual or entity who rents out to a consumer parking in association with WhereiPark; and/or

  • any theft, vandalism, weather-related damage, damage resulting from a third party, acts of god that damage the property of a consumer who rents a parking spot in association with WhereiPark; and/or

  • any expenses associated with the removal of a vehicle from any premises nor for any other costs, including replacement of access keys, associated with a consumer who does not abide by the terms and conditions for parking in a given parking spot and/or the agreement between a parking spot renter and parking spot landlord.


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.

Methods of Communication

The customer agrees to receive transactional email and SMS messages as it pertains to booking requests, booking information, and booking status changes,

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 outside the United States and Canada, the Site is accessible in the United States, 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 the notice to arbitrate at the 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 supersede 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.

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. By creating a user account and entering information into your user profile you represent and warrant the accuracy of this information including but not limited to your legal name.

  • All bookings made on the Site are subject to the Terms of Sale of WhereiPark and the booking terms associated with each parking listing participating vendor(s).

  • WhereiPark is not the supplier of the parking spot(s). They are supplied by the vendor(s), upon whose behalf we provide the ability to display certain information about parking spots and to book parking spots. The vendors with whom WhereiPark works are responsible for providing the parking spots and WhereiPark does not represent the status nor the condition or existence of features at the listings. Vendors may refer to the owner and/or manager of the property referenced as "Owner", "Manager" and/or "Landlord".

  • WhereiPark is not responsible for any injuries, illnesses, damages, claims, liabilities, and costs suffered by or in respect of a customer, caused in whole or in part by a vendor who uses the Site. WhereiPark is not liable for any claims arising from unclaimed rental of a parking spot(s).

  • WhereiPark values excellent user experience. If you are not happy with a booking made through WhereiPark please let us know with as much detail as you can and our customer service team will work with you to make things right. Each issue will be investigated and handled on a case-by-case basis to determine the best resolution.

Referral Program Rules and Terms

Thank you for helping to spread the word about WhereiPark. From time to time, WhereiPark may invite you to participate in its referral program to encourage people to use WhereiPark. Participating in our referral program (either by referring your friends, family or colleagues by using a personalized link or referral code) can be a great way to receive WhereiPark credits or earn money (each a "Referral Reward").

WhereiPark Referral Program rules (the "Rules") apply to referral programs that are administered by WhereiPark. By accepting and sharing your referral link or code or by signing up with a referral code, you are agreeing to be bound by these Rules. Any violation of these Rules will not only prevent you from participating in any WhereiPark referral program (now or in the future) but could also result in the forfeiture or retraction of credits, money, or other rewards earned through the program and even the deactivation of your account.

Please note that these Rules are in addition to the Terms of Use that govern your use of WhereiPark as well as any agreement (if one exists) between you and WhereiPark or any property with whom WhereiPark works.

  1. Who is eligible to be a referrer/inviter?

    Anyone may be a referrer/inviter who (a) is a legal resident of his/her country, (b) is of legal age where they live, and (c) has a WhereiPark account in good standing.

  2. Who is eligible to be a referee/invitee?

    Your friends, family, and other people you know (but not yourself) may be eligible to be referees/invitees. To determine eligibility, keep in mind the following stipulations:

    Eligible referees/invitees for those who book a parking space using WhereiPark:

    To receive a Referral Reward for referring someone who books parking through WhereiPark, your referee/invitee must (a) be a new WhereiPark user, (b) meet the conditions WhereiPark has in place for use of its service, and (c) complete the actions required by the referral program (for example, books a parking spot using WhereiPark).

    Referrers/inviters cannot: use their own referral code for themselves, create duplicate/multiple accounts, create or encourage anyone to create a parking spot booking without the intent to use the spot, or do anything else prohibited by WhereiPark’s Terms.

    If you provide WhereiPark with the contact information for your referees/invitees, you represent that you have the right to provide that information.

  3. How can I use my referral code?

    WhereiPark maintains the right to limit the number of times you may use or share your referral link and/or code based on the referral program in which you participate.

    WhereiPark wants you to share your referral code and earn Referral Rewards, however, referral codes must be used in accordance with certain conditions and in a manner that does not breach any privacy or other regulations. You agree that you will not:

    1. Try to get referees/invitees by spamming, bulk emailing, or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally;
    2. Use, display, or manipulate WhereiPark intellectual property (such as WhereiPark’s logos, trademarks, and copyright-protected works) in any way, except as to identify yourself as a user of WhereiPark or a referrer/inviter for WhereiPark;
    3. Create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include the word "WhereiPark" or any other words or names that are confusingly similar to WhereiPark’s name or trademarks.
    4. Purchase keywords (including, but not limited to Google AdWords) that contain any of WhereiPark’s trademarks or similar words;
    5. Use automated systems or bots through any channel to distribute, post, or otherwise share your referral code;
    6. Use scripts or programmed or automatic dialers to send invites or otherwise share your referral code;
    7. Make misleading claims about WhereiPark, use offensive/abusive content, create fake websites/webpages/social media profiles/apps, misrepresent your connection to WhereiPark, or otherwise make any false or misleading statements to get a referee/invitee to use your referral link or code; or
    8. Use your referral code in any manner that violates the law or the rights of anyone else.

    Remember, when you share your referral code, you should explain that you are a WhereiPark referrer.

  4. How do I earn my Referral Reward as a referrer/inviter?

    As long as you and your referee/invitee follow these Rules and the Terms of Use governing your use of WhereiPark, you should receive your Referral Reward after your referee/invitee uses your code to book a parking spot with WhereiPark and maintains it in good standing for a minimum of three (3) months. Please note that only one referral link or code may be used in connection with a parking spot reservation.

    WhereiPark reserves the right to set a limit on the number of times you may use your referral code. The requirements for receiving, and the amounts of, Referral Rewards are subject to change at WhereiPark’s sole discretion.

  5. How can I earn a Referral Reward as a referee/invitee?

    When you use the referral link or code of a person who has referred you to WhereiPark you will receive a discount on your first month of parking. Please always read the terms associated with the specific parking listing that you book for your parking space, including the minimum term requirement.

  6. Multiple Referrals and Combinations with Other Offers

    A WhereiPark referral code is not valid for use with any other offers and only one referral code or link may be used in connection with a single parking spot reservation (for clarity, only one referral code may be used for each reservation and codes cannot be combined together). If an referee/invitee receives more than one referral code or link only the code actually used by the referee/invitee will be considered as the one used.

  7. Termination and changes

    WhereiPark reserves the right to change, end, or pause, in whole or in part, any referral program, as well as any referrer/inviter's or referee/invitee's ability to participate in any referral program or receive Referral Rewards at any time for any reason and without notice, including suspected fraud (including by either the referrer and/or referee/invitee), abuse, or any violation of these Rules. If WhereiPark ends any referral program, any unused or unredeemed Referral Rewards may be forfeited at that time, provided we give you 14 days of notice to use or redeem your Referral Rewards.

    WhereiPark may update these Rules at any time. If WhereiPark makes an update, WhereiPark will post the update on the WhereiPark.com website and applications and provide you notice of the update. Continued participation in any referral program after any update will mean that you have agreed to the update.

Mobile Terms of Service

The WhereiPark mobile message service (the "Service") is operated by WhereiPark. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to WhereiPark’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of WhereiPark through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., booking updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., abandoned booking or listing reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with WhereiPark. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to +18556441770 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other WhereiPark mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18556441770 or email [email protected].

We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Questions and Comments

If you have any questions regarding these Terms of Use or your use of the Site, please contact us at [email protected]

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