Terms

TERMS OF USE

These Terms of Use set forth a lawfully binding agreement between you and Konnect Parking (“Company”). This website or application, including all software (including without limitation, software, code, filed, images, stored in or initiated by the software, coexisting data, Boot ROM code and other embedded software) documentation, and all coexisting fonts, is provided following this Agreement. When you access this Platform in any way, including, without limitation, surfing this Platform, using any information, and/or providing information to Company, you accept and agree to and are bound by the terms & conditions, policies and notices mentioned in this Agreement, including, but not restricted to, managing this transaction electronically, disclaimers of warranties, harm and resolution expulsions and restrictions, and a choice of Ontario, Canada law. Please read this Agreement carefully before using this Platform and its Applications.

We may update this Platform (including website and applications), and this Agreement periodically. Your use of the updated Platform after posting any changes to this Agreement authorizes your agreement to those changes. You accept and agree to review this Agreement from time to time to make sure that you are accustomed to the latest version. The company, in its sole discretion, may discontinue this Platform or any part thereof, with or without prior notice, or may restrict your use of this Platform with or without any notice to you. You accept and agree that you do have any rights in this Platform and the Company will have no liability to you if this Platform is terminated or your ability to access the Platform is suspended. You also agree that Company will not be liable for any changes or termination of the Platform.

Please go through this Agreement carefully before using this Platform. If you do not agree to the terms and conditions mentioned in this Agreement, then you may not use the Platform. Your use of the Platform establishes your acceptance that you have the lawful authority to bind yourself or any party you represent to, and your acknowledgment of, this Agreement. You agree that you have read and accept to be bound by this Agreement and to comply with all laws that apply, regulations regarding your use of the Platform. You constitute that you have the lawful power to bind yourself or any party you represent to this Agreement.

PERSONAL INFORMATION

YOU MAY NOT USE THE PLATFORM FOR ANY OBJECTIVE THAT IS ILLEGAL OR IS FORBIDDEN BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE SUSPENDED INSTANTLY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY DISTRIBUTION OF THIS AGREEMENT AND/OR ADDED TERMS, OR FOR ANY OTHER REASON OR NO REASON, FOR THAT MATTER.

In certain areas of this Platform, you may be enabled to provide us with personally identifiable information. Please go through our Privacy Policy for more information about our data collection processes, practices, and usage methods.

Grant of License

The Platform is licensed to you by Company, subject to the terms and conditions of this Agreement. Neither title nor any other intellectual property rights are transferable to you, but instead remain with the Company or its licensor, who own complete title, and Company and respective licensors hold all rights not expressly granted to you. The rights accorded herein are not transferable, and are restricted to Company’s intellectual property rights in the Platform and do not consist of any other patents or intellectual property rights.

This Agreement does not give you any rights to use Company proprietary interfaces and other intellectual property in design, development, manufacture, licensing or distribution of third-party devices as well as accessories for usage meant to be with the Platform through website or application. Any use of this Platform in any way that is not permitted under this Agreement is forbidden. This Agreement does not authorize you to receive and does not require Company to give hard-copy documentation, support, telephonic assistance, or enhancement, or updates to the Platform. You may not be able to change, temper, copy, publicly show or execute, share, create derivative works, of the Platform.

All your rights under this Agreement will suspend automatically without any prior notice from Company if you fail to comply with any term or terms of this Agreement. Upon the termination of this Agreement, you will stop using the Platform and delete everything related to the Platform from your device as well as account.

Company Content

The company offers this Platform to you, subject to this Agreement. This Platform, and any of the services executed, offered, or enabled by or through this Platform and all the information, interactions, scripting, photos, text, videos, graphics, music, sounds, trademarks, products, and programs, and other materials and complexities of the foregoing, that may be given to you via this Platform by Company or its content providers, are the property of Company and its content providers, and is protected in the United States and internationally under trademark, patent and other IP laws, and are intended for the legal use by registered users, as applicable, of this Platform.

You commit that you will use the Platform and Content only for the objectives allowed herein, that all information that you submit is correct and otherwise complies with this Agreement, and that you will instantly inform Company if any of your information modifies. The company makes no representation that the Platform or Content, is suitable or available for use in specific locations.

You agree not to download, showcase or use any Content in any other manner that might lead to confusion among the customers, that dismisses or discredits Company and/or its licensors, that weakens the strength of the Company or its licensors’ property, or that otherwise defies Company or its licensors’ intellectual property rights.

Accounts, Security, Passwords

Certain areas of the Platform may need registration or may otherwise ask you to give information to enable certain features or access specific content. If you choose not to give such information, you may not be able to access a particular content or enable certain features available through the Platform.

Wherever the Platform asks you to open an account or otherwise submit information, you must complete the given process by providing us with present, full, and correct information as requested by the applicable registration form. It is your responsibility to manage the currency, completeness, and correctness of your registered information, including, without limitation, your name, address, contact details, license plate number, business details, and other payment details. Once you have completed the registration form, you may be asked to choose a username and password. It is completely your responsibility to preserve the confidentiality of your account and its access password. Moreover, you are also fully responsible for all activities that take place under your account. You accept and agree to inform Company instantly of any unauthorized use of your account. You also agree not to email, post or otherwise distribute any user ID, password, PIN or any other information that gives you access to the Platform. The company is not responsible for any loss that you may experience as a result of somebody else using your account or password, either with or without your knowledge.

You accept and agree that Company may gather and use technical, user data, and related information in compliance with our Privacy Policy. You allow Company the consent to use this information to refine its products or to offer services as well as technologies to you.

Use of Parking Payment Services

You trigger the parking payment services by either, (a) using the Konnect Parking mobile app; (b) calling a phone number given by Company signage or; (c) accessing our website at www.konnectparking.com either on your desktop or mobile browser.

You are accountable for accurately entering the related parking zone number, which is specified on the sign on the same side of the street and on the same block where your vehicle is parked. Parking zone number characterizes the fare to be charged for your parking and of any time limitations on the amount of time you are allowed to park your vehicle in that particular zone. You are accountable for scrutinizing the side of the street and the block on which vehicles are parked for any permanent or temporary parking limitation posted. Please note that usage of Parking Services does not guarantee you parking space reservation and you can only trigger the Parking Services once you have found an available parking space.

All notices and signs or directions formed by related government authorities, traffic personnel or permitted persons shall take eminence over any other information that you receive from the Company, if for any reason the information is incompatible or inconsistent. All applicable parking rules and regulations apply to you and your usage of Parking Services does not exclude you from following all those rules. Parking charges may be subject to change and it is your duty to make sure that you are paying at the then current parking charges. You accept and agree to pay all fees for Parking Services given to you pursuant to this Agreement. The company will process the parking fee from the funds available in your pre-funded account and/or charging your saved payment method to refill your account funds at the time of your parking transaction. You must have an effective and applicable mode of payment registered along with adequate funds in your pre-funded account, or termination of Parking Services may take place.

You understand that Company has officially accepted your parking transaction when you have received confirmation. You are accountable for ensuring that you have appropriately activated the Parking Services for the relevant parking zone before you leave your vehicle unguarded. You are accountable for any fine, ticket, or penalty charge issued between the time of parking the vehicle and the notification via mobile device or internet that the vehicle has been effectively parked.

In the case when the Platform is inaccessible, you are not exempted from paying for parking for the time spent in the associated parking stall and facility.

The company is not accountable for any fines, tickets, penalty notices, and the imposition of vehicle parking-related offenses that you incur or receive irrespective of whether or not you receive any notification via the Platform that the vehicle is correctly parked. You are solely accountable for resolving any issues that you may have concerning the fine issuance, parking tickets, penalty notices, or your vehicle being confiscated, with the relevant authorities. If you permit Company to connect with the relevant authorities on your behalf regarding fine issuance, parking tickets, or penalty notices, you accept and agree that in such cases, Company may give all or a part of your information collected by Company to the relevant authorities. Additionally, in case that you fail to pay any outstanding amounts for Parking Service, whether due to a declined credit card or other reasons, the Company, upon rational request of the relevant authorities, may give all or a part of your information collected by Company to those authorities, which you accept and agree that they can use only for purposes of gathering or trying to collect any unpaid amounts owed by you.

If you do not use your Platform account for 2 years, Company reserves the right to close your account. If your account is closed for any reason including for passivity, Company will refund any outstanding balance after all unsettled parking transactions are cleared to the payment method on file at the time. In case a refund cannot be processed to the payment method, you must contact Company for substitute methods to receive any applicable refund. Please allow up to 8 weeks for processing of any refunds.

Use of the Platform

The following requirements are applicable to your usage of the Platform:

You shall not use any electronic communication feature of the Platform for any motive that is illegal, abusive, or obtrusive on another’s privacy, harassing, disparaging, defamatory, vile, atrocious, or hateful.

You will not be using the Platform for any trade purpose not explicitly allowed by Company in writing.

You will not upload or otherwise transfer any material that carries any viruses or other code, files, or programs that might hinder or restrict the functionality of any computer software or hardware equipment.

You will not rent, lease, lend, sell, sublicense, distribute, transmit, assign, publish or otherwise make the Platform available or any of its features, to any third-party for any purpose, including by making the Platform accessible on a network where it is vulnerable to being accessed by more than one device at any time.

You will not make the Platform accessible over a common network where multiple devices could be used to access it at the same time.

You will not remove, change, erase, or hide any trademarks or any copyright, patent or any other intellectual property rights, notices from the Platform, including any copy thereof.

You will not gather or store personal information of other users.

Besides as and only to the extent allowed by applicable law you may not copy, misuse, reverse engineer, dismantle, aim to extract the source code, tamper, or generate derivative work of the Platform or any part thereof. Any effort to do so is a strict violation of the rights of Company and licensors of the Platform. If you breach this limitation, you may be subject to prosecution and harms. By collecting and storing content on your device, you are creating a digital copy. In some jurisdictions, it is illegal to create digital copies without prior consent from the rights’ holder.

Intellectual Property Ownership

There are many trademarks, logos, service marks, slogans, product names, and designations and other proprietary Trademarks, used in the Platform and in the Content. By creating these Trademarks available through the Platform and in the Content, Company is not granting you a license to utilize them in any way, and you are not granted any license under any of Company’s or any third party’s Trademarks or other intellectual property rights, except as particularly set forth in this Agreement. No Company Trademarks can be used as a username, icon, identifier, hyperlink or any other way without Company’s prior written consent.

.The Platform, Content, and the selection, coordination, and organization thereof, are owned either by Company, or its respective licensors. The unapproved copying, presenting, selling, distributing, or any other use of any Content or Platform is a breach of the law. You accept and agree having been advised by Company that the Content and Platform are protected in the United States and internationally by various laws, including but not limited to, copyright laws and treaty provisions, patent laws, trademark laws, and other intellectual property as well as proprietary rights laws.

Representations, Disclaimer of Warranties, and Limitations of Liability

Company and its stakeholders, subsidiaries, employees, officers, and contractors and each of their respective employees, officers, and agents, make no representation or assurance whatsoever regarding the completeness, correctness, punctuality, or efficacy of any information, facts, views, opinions, statements, or recommendations consisted in the Platform. 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 comprise or imply its endorsement or recommendation by Company or the Company Affiliates.

The Internet may be subject to violations of security. Company and the Company Affiliates are not accountable for any resulting damage to any user’s device or computer from any such safety violation, or from any virus, bugs, tampering, unapproved intervention, fraud, error, omission, interruption, erasure, defect, or delay in execution or transfer, computer line failure, or any other technical or any other breakdown. You must also be aware that email and other submissions over the Internet may not be safe, and you should examine this before emailing Company or the Company Affiliates any information or posting information on the Platform. Company and the Company Affiliates make no representation or guarantee whatsoever concerning the applicability, functionality, performance, availability, or execution of the Platform. This Platform might be temporarily inaccessible due to support and maintenance, or breakdown of computer equipment.

DISCLAIMER OF WARRANTIES

YOU ACCEPT AND AGREE THAT COMPANY AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR ANY KIND OF DAMAGES, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, SUBSIDIARY, RESULTING, OR PENAL DAMAGES APPEARING OUT OF OR RELATED TO YOUR USAGE OF THE PLATFORM, EVEN IF COMPANY OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH HARMS. SOME JURISDICTIONS DO NOT PERMIT THE RESTRICTION OR EXEMPTION OF SPECIFIC WARRANTIES AND CONDITIONS OR THE DISCLAIMER OF SOME KINDS OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT BE APPLICABLE TO YOU. BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM, YOU AGREE TO ASSURE, GUARD, AND HOLD COMPANY AND THE COMPANY AFFILIATES SAFE FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGEMENTS, HARMS, LOSSES, LIABILITIES, AND ALL COSTS AND DEFENSE EXPENSES (INCLUDING RATIONAL ATTORNEYS’ FEES AND COURT COSTS) EMERGING OUT OF OR RELATING TO: (A) YOUR VIOLATION OF THIS AGREEMENT; (B) YOUR INFRINGEMENT OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; (D) THE STEALTH, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME, PASSWORD, OR PIN; (E) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE, AS COMPLETELY AND AS REASONABLY, NEEDED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY SECURES THE RIGHT, AT ITS OWN COST, TO SUPPOSE THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER, OTHERWISE SUBJECT TO COMPENSATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN PERMISSION OF COMPANY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Konnect Parking NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Konnect Parking HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THE SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Konnect Parking AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICES AND THE INFORMATION AVAILABLE THEREON.

Mobile Service, Text Message, Internet and Service Fees

Usage of the Platform may need use of a mobile device and phone service, wireless mobile data service, and text messaging ability, that must be obtained from your wireless carrier and may need Internet access, that must be obtained from your service provider; you are responsible for acquiring and paying for such extra services and acquiring an appropriate device, including without limitation all usage expenses related thereto. You may also be required to send and receive, at your expense, electronic interactions related to the Platform, including without limitation, administrative messages, service announcements, and diagnostic data reports, from Company, your mobile carrier or third party service providers.

If you accept and agree to get text messages from the Platform, the frequency of text messages will differ, based upon your parking activity. Specific texts are needed to use the Platform, including verification text messages. Data and message charges may be applicable from your mobile carrier. By giving your permission to take part in this program, you authorize any such expenses from your mobile carrier. If you do not have an unlimited wireless mobile data plan or text messaging ability, you may bear additional charges from your wireless service in connection with your usage of the Platform. You are solely accountable for acquiring any additional subscription or connectivity services or equipment mandatory to use the Platform, including but not limited to payment of all third-party fees related therewith, including fees for information sent to or through the Platform.

The Platform might not be compatible with all devices, or all mobile carriers. The company makes no representations that the Platform will work with or provided by all mobile carriers. In case, the fee is charged for the Platform, or other third party service providers charge a fee for the products or services they offer, you accept or agree to pay such fees to the respective party in exchange for your continued usage of such products or services. Some services may be subject to distinctive or additional terms, including fees, which you will be needed to agree to before you start using such services.

The information in any message sent by the Platform may be subject to specific time tags and/or delays. You are accountable for managing the kinds of text messages you receive.

Users of the Apple Platform

If you download and use the iOS Platform, you, the end-user of the Platform, accept and agree that the Agreement is entered into by and between Company and you and not with Apple, Inc. Nevertheless the preceding, you accept and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have agreed to the right) to impose this Agreement. You accept that Apple, Inc. has no agreement whatsoever to provide any maintenance and support services with respect to the Platform. You accept that you have gone through the App Store Terms and Conditions (available online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement includes by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (available online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is regarded as the “Licensed Application” as defined in the LAEULA and Company is regarded as the “Application Provider” as defined in the LAEULA. If any terms and conditions of this Agreement conflict with the terms and conditions of the LAEULA, the terms of this Agreement shall control. You additionally accept and agree that in no case will Apple, Inc. be accountable for any claims relating to the Platform (including, without limitation, a third party claim that the Platform violates that third party’s IP rights) or your use of possession of the Platform, including, but not limited to: (a) product liability claims; (b) any claim that the Platform fails to comply with any applicable legitimate or regulatory requirement; and (c) claims emerging under the consumer protection or similar legislation.

Links to Third-Party Websites, Applications, and Services

The Platform may offer connectivity or links to other third-party services, websites, applications, software, and other content from third-party service providers such as social media partners, wireless carriers, and third-party software application developers. The Platform may enable you to add or configure certain Third-Party Services to your device. The company has no authority over, makes no representations or guarantees whatsoever about any of Third-Party Services that you access, is not accountable for the availability of such Third-Party Services and does not validate nor is accountable or liable for any content or any other material on or available from those Third-Party Services. Your usage of the Third-Party Services may be subject to added terms, including software license terms, of those third parties.

Users who utilize the Third-Party Services should be familiar that the account and other personal information stored by those third parties may be transferred through and stored on Company servers and/or applications run in the United States and elsewhere. You understand and accept that the companies that provide the Third-Party Services can access, utilize, and transfer specific information about you, if you use the Third-Party Services. You agree and accept that Company is not accountable for these companies or their use of any other of your information. Your utilization of the Third-Party Services is completely at your own risk.

Assignment

The company may assign this Agreement in full or in part, at any time with or without prior notice to you. You may not assign this contract, or any section of it, to any other person. Any effort by you to do is invalid. You may not transfer any rights to use all or any particular feature of the Platform, to anyone else, either for a specific time period or permanently. To the degree that you permit a third party to use your device, you shall remain completely accountable for the use of the Platform by others, using the device.

General Information

You may be subject to further terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may be applicable to your use of the Platform. If any presentation of this Agreement is found to be invalid by any law, rule, order, or regulation of any government or by the final establishment of any state or federal court, such invalidity shall not affect the imposition of any other presentation of this Agreement. The failure of the Company to impose or exercise any right or presentation of this Agreement shall not constitute a waiver of such right or presentation.

By using the Platform, you agree that the laws and regulations of Canada and India without regard to conflicts of law principles, will be applicable to all matters concerning to use of the Platform and the Services, and you accept and agree that any lawsuit shall be subject to the exclusive jurisdiction of the state or federal courts in Canada and India. You agree and accept that irrespective of any contradictory law, any claim or cause of action emerging out of or related to usage of the Platform or this Agreement must be filed within 3 months after such claim or cause of action emerged or be forever prohibited. You also agree that any conflicts, disputes, claims, and causes of action emerging out of or connected with the Platform and/or this Agreement, will be resolved discretely, without resort to any form of class action. The section titles in this Agreement are for convenience only and have no lawful or contractual consequences.

In case of a complaint or concern concerning this Agreement or the Platform, or for detailed information, please contact Company at contact@konnectshift.com.