This document, together with the Privacy Policy and any other policies or guidelines posted at http://www.cityparking.guide (the “Agreement”) is a contract between you (“you”) and CityParking Inc. (“we”, “us”, or “CityParking”) concerning the conditions associated with your use of the website www.cityparking.guide, any associated mobile applications, and/or of the services offered within such website and mobile applications (the “Service”). This Agreement relates to your use of the Service. In order to rent a parking space or list one you currently own or lease, you may be required to enter into a separate agreement with CityParking. Please read all of the following terms and conditions carefully before using the Service. By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.

Conditions relating to use of the Service

You need a supported Web browser to access the Service. You acknowledge and agree that CityParking may cease to support a given Web browser and that your continuous use of the Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Service is incumbent on the performance of your computer equipment and your Internet connection, and that CityParking is not responsible for any delays, delivery failures, or other damage resulting from the use of such technology.

You represent and warrant that you are at least old enough to legally drive in the jurisdiction in which you intend on using the Service, that you have a valid driver’s license, that you have the right and authority to drive any vehicle you identify through the Service, and that you are covered by automobile collision and comprehensive insurance of a reasonable amount.

In the event that you are the owner of a parking space you wish to offer for rent using the Service, you further represent and warrant that you have the legal right and authority to list, rent, and receive rental income for any parking space listed through the Service.

In order to use the Service, you must register your account. In doing so, you agree to provide CityParking with accurate and complete information, and you are required to keep your account information updated. You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the "Forgot Password?" link and follow the on-screen instructions. You are also solely responsible for restricting access to your account and for all activities that occur on your account or through the use of your password by yourself or by other persons. You agree to notify CityParking immediately of any breach of security or unauthorized use of your account.

In all circumstances, you agree not to permit any third party to use or access the Service, and you agree not to publish, distribute or otherwise disclose the login information associated with your account.

Payment processing services on www.cityparking.guide are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a user of www.cityparking.guide, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition of CityParking enabling payment processing services through Stripe, you agree to provide CityParking accurate and complete information about you and your business, and you authorize CityParking to share it and any transaction-related information concerning your use of the payment processing services provided by Stripe.

As a condition to your use of the Service, you agree not to:

1. Impersonate or misrepresent your affiliation with any person or entity;


2. Access, tamper with, or use any non-public areas of the Service or CityParking’s computer systems;


3. Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;


4. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;


5. Harm or threaten to harm, defame, abuse, stalk, harass or otherwise violate the legal rights of other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;


6. Use a third party’s account, registration information or provide payment information belonging to any such third party;


7. Use the Service in an abusive way contrary to its intended use, to its documentation or to CityParking’s reasonable instructions including, but not limited to, publishing any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or content;


8. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;


9. Infringe third party intellectual property rights when using or accessing the Service.

CityParking grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for your own personal purposes as an individual consumer. You agree not to download or modify all or any portion of the Service (other than page caching) without CityParking’s written consent.

By uploading or displaying any user-generated content (“User content”) using the Service, you warrant that you have full right and authority to display such User content and expressly assign all copyright and other rights to such User content to CityParking, and: (i) if you are an individual, you hereby waive any moral rights you may have in such User content; and (ii) if you are not an individual, you hereby represent and warrant that you have obtained applicable waivers of moral rights from those individuals involved in the creation of such User content for the purposes of this assignment set forth herein. For the avoidance of doubt, CityParking is permitted to use any User content for any other business purpose, even following the termination of your account.

The Service may include links to other Web sites or material which are beyond CityParking’s control. CityParking is not responsible for any content on any Web site outside the Service, nor does CityParking make any representation or warranty of any kind regarding any linked Web site or the information, products or services appearing thereon.

CityParking will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. CityParking may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although CityParking has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Termination

You may cancel your account at any time by contacting CityParking through the account settings of the Service. CityParking also reserves the right to suspend or end the Service at any time at its discretion and without notice, which may result in the forfeiture and destruction of all information associated with your account and/or the deactivation or deletion of your account. For example, CityParking may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause CityParking legal liability, disrupt the Service or disrupt others' use of the Service.

CityParking reserves the right to temporarily or permanently discontinue the Service at any time. CityParking will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, CityParking will have the right to terminate this Agreement immediately, without notice, and to deactivate and/or delete your account

Proprietary Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of CityParking and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Service. For the avoidance of doubt, you may not establish a link to the Service, except to CityParking’s home page, provided you do so fairly, legally, and in a way that does not damage CityParking’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on CityParking’s part where none exists. You must not establish a link from any Web site that is not owned by you. The Service must not be framed on any other Web site and any link established pursuant to this Agreement shall be removed upon request by the CityParking.

Disclaimer of Warranty and Limitation of Liability

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, CITYPARKING MAKES NO WARRANTY OR REPRESENTATION REGARDING: (A) THE SERVICE, INCLUDING, WITHOUT LIMITATION: (I) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, (II) THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED, (III) THE SAFETY OF PERSONS OR PROPERTY IN THE PARKING SPACES, (IV) THE AVAILABILITY OF ANY PARKING SPACE, AND (V) ANY DELAYS OR OTHER CONSEQUENCES ASSOCIATED WITH THE USE OF THE SERVICE; AND (B) THE IDENTITY OR CONDUCT OF USERS OR THIRD PERSONS, ANY USER CONTENT OR THE STATE OR CONDITION OF ANY PARKING SPACE.

CITYPARKING PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, CITYPARKING’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL CITYPARKING AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT, EXTRA-CONTRACTUAL LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF CITYPARKING HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THAT CITYPARKING IS FOUND LIABLE TO PAY YOU ANY DAMAGES, CITYPARKING’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100.

NO CLAIM MAY BE BROUGHT AGAINST CITYPARKING IN RELATION TO THIS AGREEMENT MORE THAN 12 MONTHS FOLLOWING THE DATE ON WHICH THE EVENT(S) GIVING RISE TO SUCH CLAIM HAVE OCCURRED.

THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless CityParking, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your breach or violation of any part of this Agreement, (iii) CityParking’s use of the User content, and (iv) any claims brought by third parties against CityParking which relate, directly or indirectly to any action or omission on your part, including with respect to any agreement entered into between a driver and a parking space owner.

Amendments

CityParking may amend the Agreement or any section of the Agreement, in whole or in part, at any time. Each such amendment will be made available to you on CityParking’s Web site at www.cityparking.guide within a reasonable delay following the amendment’s coming into force. Your continued use of the Service following the coming into force of the amendment amounts to your acceptance of it. If you refuse the amendment, in whole or in part, you must refrain from using the Service immediately.

General Provisions

The Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec.

Any arbitration, mediation or other conciliatory process agreed to by the Parties must be initiated and carried out in Quebec.

You acknowledge that CityParking’s rights and your obligations to CityParking are of a unique and irreplaceable nature, the loss of which shall irreparably harm CityParking, and which cannot be replaced by monetary damages alone so that CityParking shall be entitled to injunctive or other equitable relief, without the obligation of posting any bond or surety, in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages.

The Agreement is the entire and exclusive agreement between CityParking and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between CityParking and you regarding the Service.

No delay, neglect or forbearance on the part of CityParking in enforcing against you any term or condition of the Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of CityParking under the Agreement. No right, power or remedy in the Agreement conferred upon or reserved for CityParking is exclusive of any other right, power or remedy available to CityParking.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of CityParking which consent is within CityParking’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. CityParking shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in the Agreement shall constitute a partnership or joint venture between you and CityParking.

We shall be released from our obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond our reasonable control, individually or collectively, renders the performance of the Agreement impossible.

If a particular provision of the Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

Any notice to be served on either of the Parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the physical or electronic address of the other Party as may be notified by one Party to the other.

The Parties have expressly requested that the Agreement be drawn up in English and that all modifications thereof can be made in this language.

Driver Terms and Conditions

These Driver Terms (the “Driver Terms”) form part of your (“you” or the “Driver”) agreement (the “Agreement”) with CityParking Inc. (“we”, “us” or “CityParking”) concerning the conditions associated with your use of the website www.cityparking.guide, any associated mobile applications, and/or of the services offered within such website and mobile applications (the “Service”). These Driver Terms are incorporated by reference in, and deemed to be a part of, the Agreement.

Scope of the Driver Terms

These Driver Terms pertain to your use of the Service in order to book parking spaces (“Parking Space”) from parking space owners (“Space Owner”). These Driver Terms are in addition to the terms of the agreement entered into by you and the Space Owner pertaining to your use of a particular Parking Space (each, a “Lease Agreement”). CityParking is not a party to Lease Agreement. As such, CityParking will not be liable to you, the Space Owner, or any third party for any breach of the Lease Agreement or otherwise in relation to the Parking Space.

You hereby fully and forever release CityParking and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the “CityParking Parties”), and hereby fully and forever discharge and agree to hold the CityParking Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist in connection with the Lease Agreement.

You acknowledge that CityParking is not a real estate broker, agent or insurer and that CityParking has no control over the conduct of Drivers (like you) or Space Owners.

CityParking acts as a technology supplier and has no duties or obligations in relation to the Driver or the Space Owner other than providing the Service as further set forth in the Agreement, which may include administering and confirming bookings, and collecting payment on behalf of the Space Owner.

Duties and Obligations of the Driver

You hereby undertake, agree, represent and warrant as follows:

1. You agree to pay in full the advertised fees associated with the lease of a Parking Space entered into through your use of the Service.


2. You will not use the Parking Space or interact with the Space Owner in any way (i) which could be deemed harmful to the business or reputation of CityParking, (ii) which could detrimentally affect the use and enjoyment of the Service by any other user or third party, or (iii) which could adversely affect CityParking’s relationship with a Space Owner.


3. You will not attempt to contact a Space Owner directly until after the associated booking has been confirmed.


4. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service, including, but not limited to, Space Owners, particularly if you decide to meet in person.


5. You will only attempt to book a Parking Space advertised through the Service in the manner expressly prescribed by the Service.


6. You have discharged your vehicle of any applicable provincial or federal fees, taxes or charges.


7. You shall not attempt to solicit, induce or attempt to induce, any customer, supplier, licensee or business relation of CityParking or any Driver or other Space Owner through any written or oral communication to transact outside of the scope of the Service for any similar service or the offering or procurement of a Parking Space

Use of the Service by an Authorized Person

You may allow a person of your choosing (an “Authorized Person”) to use a Parking Space booked by you through the Service. However, the Authorized Person must comply with the terms and conditions of these Driver Terms and the Lease Agreement associated with the booking. You agree to be fully liable for the conduct of any such Authorized Person in relation to the use of the Parking Space.

General Acknowledgement and Authorization

You acknowledge that CityParking is authorized by the Space Owner to accept payment from you for any transaction accomplished using the Service on his or her behalf, and accordingly, CityParking is entitled to collect a portion of the fees associated with the lease by a Driver of a Parking Space belonging to a Space Owner, and any other transaction entered into through the use of the Service. In order to complete a booking, you will be required to provide CityParking with your relevant credit card information. You hereby authorize CityParking to use these details to deduct, make or process any payments owed to CityParking or to a Space Owner at any given time.

Referral Rewards Program

As a registered Driver, you may participate in the Referral Rewards Program (the “Program”) provided you meet the following conditions:

1. You have registered an account on the Service;
2. The referred user must not already have an account (active or inactive) on the Service;
3. The referred user must sign up for an account using the activation link contained in the referral invitation.

You will not receive any reward if you are the Driver on a booking with a person you refer. Additionally, if both a Driver and Space Owner are referred by you, you will not receive any reward if they book with one another.

Your rewards will be released approximately two weeks after the qualifying Parking Space booking is made.

Space Owner Terms and Conditions

These Space Owner Terms (the “Space Owner Terms”) form part of your (“you” or the “Space Owner”) agreement (the “Agreement”) with CityParking Inc. (“we”, “us” or “CityParking”) concerning the conditions associated with your use of the website http://www.cityparking.guide any associated mobile applications, and/or of the services offered within such website and mobile applications (the “Service”). These Space Owner Terms are incorporated by reference in, and deemed to be a part of, the Agreement.

Scope of the Space Owner Terms

These Space Owner Terms pertain to your use of the Service in order to advertise parking spaces owned by you (each, a “Parking Space”) to registered drivers looking to rent said Parking Spaces (the “Drivers”). These Space Owner Terms are in addition to the terms of the agreement entered into by you and the Drivers pertaining to your use of a particular Parking Space (each, a “Lease Agreement”). CityParking is not a party to Lease Agreement. As such, CityParking will not be liable to you, the Driver, or any third party for any breach of the Lease Agreement or otherwise in relation to the Parking Space.

You hereby fully and forever release CityParking and its partners, employees, attorneys, agents, successors, representatives, shareholders, parent companies, subsidiaries, affiliated companies and assigns, jointly and severally (collectively, the “CityParking Parties”), and hereby fully and forever discharge and agree to hold the CityParking Parties harmless from and against any and all claims and causes of action, in law or in equity, disputes, suits, debts, liens, rights, contracts, agreements, acts, promises, liabilities, obligations, demands, damages, losses, costs, fees (including, without limitation, those of attorneys) and expenses, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, which exist, may have existed or which may in the future exist in connection with the Lease Agreement.

You acknowledge that CityParking is not a real estate broker, agent or insurer and that CityParking has no control over the conduct of Drivers or Space Owners (like you).

CityParking acts as a technology supplier and has no duties or obligations in relation to the Driver or the Space Owner other than providing the Service as further set forth in the Agreement, which may include administering and confirming bookings, and collecting payment on behalf of the Space Owner.

Duties and Obligations of the Space Owner

You hereby undertake, agree, represent and warrant as follows:

1. You own the Parking Space listed by you on the Service, or that you are authorized to allow third parties to use the Parking Space and, where necessary, you have permission from your landlord, tenant, condominium association, or any person exercising any degree of control or proprietorship on the Parking Space, to do so.


2. You have all necessary regulatory approvals to enter into the Lease Agreement and lease your Parking Space to Drivers including, but not limited to, approvals related to zoning laws and laws governing the right to use and rent real property.


3. You agree to inform CityParking immediately upon receiving any notice, correspondence or contact in any form from any landlord, tenant, condominium association, or any person exercising any degree of control or proprietorship on the Parking Space, or from a governmental authority, pursuant to your use of the Service to advertise and rent out a Parking Space. Upon request, you agree to provide CityParking with copies of any such notice.


4. You shall complete your own listing to be published using the Service. In doing so, you shall provide all relevant information about the Parking Space, including, without limitation:
   
   1. The address of the Parking Space.
   2. Any restrictions on the types of vehicles for which the Parking Space is suitable.
   3. Any other information or restrictions that apply to the Parking Space, and that the Driver should be aware of before booking the Parking Space.
   4. Picture of the Parking Space.


5. You agree to list and describe your Parking Space accurately, and agree that you are solely responsible for the information contained in the listing. You shall not include any information therein designed to, or otherwise having the effect of, misleading Drivers in any way.


6. You shall honour all accepted bookings with Drivers and provide your Parking Space in accordance with the details and information set out in your listing on the Service. You further warrant that you have the power and authority to perform the obligations set forth in these Space Owner Terms.


7. If existing bookings cannot be honoured for any reason, you agree to be fully liable to CityParking for all associated costs, charges, damages and liability which may be incurred as a result, and you agree to indemnify CityParking on a continuing basis in respect to any such cancelled bookings.


8. You must maintain your Parking Space or Parking Spaces, as the case may be, free of debris, ice, snow, water, or any other material of any kind that may render the Parking Space unsafe to enter, exit, or otherwise navigate.


9. You shall not cause any damage whatsoever to the Driver’s vehicle, and you agree to be held solely liable for any damage for which you are at fault;


10. You authorize CityParking to have any Driver who has stayed beyond their reservation time towed at their own expense, and you agree that CityParking may, at its discretion, charge a fee to any such Driver;


11. You will not use the Service or interact with the Driver in any way (i) which could be deemed harmful to the business or reputation of CityParking, (ii) which could detrimentally affect the use and enjoyment of the Service by any other user or third party, or (iii) which could adversely affect CityParking’s relationship with any other Driver or Space Owner.


12. You shall not attempt to solicit, induce or attempt to induce, any customer, supplier, licensee or business relation of CityParking or any Driver or other Space Owner through any written or oral communication to transact outside of the scope of the Service for any similar service or the offering or procurement of a Parking Space.


13. You shall be entirely responsible for any and all insurance that you may require for the purposes of leasing your Parking Space using the Service.

Exclusivity

You hereby agree to use the Service as your exclusive technological platform for the purposes of advertising and renting your Parking Spaces to Prospective Drivers while such Parking Spaces are offered for rent on the Service.

For the purposes of this Section, “Prospective Drivers” means any person who: (i) has completed a booking related to your Parking Space through the Service; (ii) has made an inquiry about your Parking Space through the Service, regardless of whether that Parking Space was booked; (iii) has become aware of you or the location of your Parking Space directly or indirectly as a result of that person’s use of the Service; or (iv) has made you aware of their desire to use any parking space advertised through the Service, whether or not such a booking with you or a third party occurs.

In the event that you rent your Parking Space to a Prospective Driver without using the Service within a period of twelve (12) months following either (i) the last booking made with the Prospective Driver using the Service, (ii) the date on which you were introduced to the Prospective Driver by the Service, or (iii) the date on which the Prospective Driver became aware of you or your Parking Space, you will be liable to CityParking for any fees CityParking would have received had such a booking been made in accordance with this Agreement. You will also be liable for any costs incurred by CityParking in enforcing this provision. CityParking reserves the right to deduct such fees and costs using the debit or credit details supplied to us by you, or by reducing your payment balance accordingly.

Inspection of the Parking Space

CityParking hereby has the right to conduct a physical inspection of any of the Space Owner’s Parking Spaces at any time. CityParking may remove your listing if the associated Parking Space does not comply with the information you have provided, with our standards, or if you are in breach of any part of the Agreement.

Rental Price

The price you may charge Drivers to rent your Parking Space or Parking Spaces, as the case may be, is hereby set at CAD 2$ per hour per Parking Space. You are responsible for all applicable provincial or federal taxes associated with any payment made to you.

Authorization to Accept Payment

You hereby authorize CityParking to accept payment on your behalf from the Driver for any transaction accomplished using the Service. CityParking will forward any payment to you received from the Driver approximately seven (7) business days after the Driver first occupies the Parking Space associated with the transaction.

Chargebacks

From time to time, the Service may be used as a platform for collecting payments from a Driver which either (i) must be repaid to the Driver’s credit card provider, or (ii) is deducted from a retention CityParking has with its credit card processors (a “Chargeback”). If CityParking is subject to a Chargeback in respect to a booking of one or many of your Parking Spaces, you agree that :

1. CityParking will not be under any obligation to pay any amount to you that is the subject of a Chargeback, and any claim you have for non-payment pursuant to the Lease Agreement will be against the Driver; and


2. If CityParking is subject to a Chargeback after it has already made a payment to you, then you agree that you will reimburse CityParking in the amount equivalent to the Chargeback, less CityParking’s fees.

In the event of a Chargeback associated with an amount CityParking has already paid to you, CityParking reserves the right to deduct an amount equivalent to the Chargeback from any credit or debit card details you have supplied, or from payments received from Drivers for future bookings, until CityParking has been fully reimbursed.

Collection of Fees

You hereby authorize, acknowledge and agree that CityParking is entitled to collect a portion of the fees associated with the lease by a Driver of a Parking Space you make available on the Service, and any other transaction entered into through the use of the Service.

Credit Card Information

In order to receive the payment CityParking collects on your behalf, you will be required to provide CityParking with your relevant credit card information. You hereby authorize CityParking to use these details to deduct any payments owed to CityParking or to a Driver at any given time.

Referral Rewards Program

As a registered Space Owner, you may participate in the Referral Rewards Program (the “Program”) provided you meet the following conditions:

1. You have registered an account on the Service;
2. The referred user must not already have an account (active or inactive) on the Service;
3. The referred user must sign up for an account using the activation link contained in the referral invitation.

You will not receive any reward if you are the Space Owner on a booking with a person you refer. Additionally, if both a Driver and Space Owner are referred by you, you will not receive any reward if they book with one another.

Your rewards will be released approximately two weeks after the qualifying Parking Space booking is made.

Lease Agreement

The following terms and conditions (the “Lease Agreement”) is a contract between a person (the “Driver”) who has booked a parking space (the “Parking Space”) owned and operated by a parking space owner (the “Space Owner”) using any of the websites, mobile applications, or other services (the “Service”) made available in Canada by CityParking Inc. (“CityParking”). By using and continuing to use the Service, both the Driver and the Space Owner (collectively, the “Parties”) agree to be bound by the Lease Agreement, despite any amendment made thereto from time to time.

SECTION 1 - INTERPRETATION AND APPLICATION

1.1 Scope of the Lease Agreement

This Lease Agreement is entered into by the Parties in order for the Space Owner to lease the Parking Space to the Driver using the Service. This Lease Agreement is to be interpreted in conjunction with CityParking’s Terms and Conditions, Privacy Policy, Driver Terms, and Space Owner Terms, all of which have been entered into by either the Driver, the Space Owner, or both.

SECTION 2 -LEASE OF THE PARKING SPACE

2.1 Booking and Payment

All bookings and payments will be made in accordance with the Driver Terms and the Space Owner Terms, as the case may be. Furthermore, the Space Owner accepts that payment of the fees for the Lease by the Driver to CityParking represents a full discharge of the Driver’s payment obligations for that booking.
2.2 Creation of the Lease

As soon as a booking is made through the Service, and in consideration of the payment received by the Space Owner from the Driver, the Space Owner hereby leases to the Driver the Parking Space (the “Lease”).
2.3 Term of the Lease

The Lease will be for the term agreed upon by the Parties using the Service at the time of the booking (the “Term”).
By the end of the Term, the Driver must vacate and cease using the Parking Space. If the Space Owner has agreed to a later departure time or an extended Term, even if such agreement was not made using the Service, the Driver will be liable to pay the equivalent of the fee for a full day’s use for the Parking Space for every completed half hour period that the Driver overstays beyond the end of the Term.
If the Driver overstays by more than two (2) hours, then the Space Owner reserves the right to instruct a third party to remove the Driver’s vehicle(s) from the Parking Space, at the Driver’s cost.

SECTION 3 -DRIVER OBLIGATIONS

3.1 General Obligations of the Driver

The Driver acknowledges that the Parking Space is the property of the Space Owner and agrees not to access any other part of the property to which the Parking Space is attached. Moreover, the Driver fully represents, warrants, and agrees that the Driver will :

• 3.1.1 Keep the Parking Space clean, tidy and clear of trash, and leave the Parking Space in the same condition as it was found.


• 3.1.2 Park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property.


• 3.1.3 Notify the Space Owner of any damage to the Parking Space during the Term as soon as it occurs.


• 3.1.4 Refrain from doing or permitting to be done on the Parking Space anything which is or which may be or become a nuisance, damage, annoyance, inconvenience or disturbance to the Space Owner, or to the owner or occupier of neighbouring property.


• 3.1.5 Refrain from conducting any illegal or immoral activity in or around the Parking Space.


• 3.1.6 Refrain from conducting any business or commercial activity not provided for in this Lease Agreement in or around the Parking Space.


• 3.1.7 Refrain from using the Parking Space for any purpose other than parking.


• 3.1.8 Maintain insurance on the vehicle to be parked in the Parking Space as required by applicable law.


• 3.1.9 Attempt to resolve any dispute concerning this Lease Agreement by communicating directly and solely with the Space Owner.


• 3.1.10 Indemnify and hold harmless the Space Owner against all loss, liability, damages, costs and expenses arising from the Driver’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Space Owner.


• 3.1.11 Act with courtesy towards the Space Owner.

3.2 Safety of the Driver

More specifically, the Driver has primary responsibility for his or her own safety and the safety of his or her vehicle during the Term. The Space Owner is not responsible for ensuring the safety of the Driver or the vehicle.

3.3 Authorized Persons

In accordance with and as defined in the Driver Terms, the Driver may allow an Authorized Person to access and use the Parking Space, and drive the vehicle associated with the booking. The Driver will be fully liable for the conduct of any such Authorized Person in relation to the use of the Parking Space and the associated vehicle. The Driver also agrees to be responsible for ensuring that any Authorized Person complies with the terms and conditions of this Lease Agreement.

SECTION 4 -SPACE OWNER OBLIGATIONS

4.1 Ownership of the Parking Space

The Space Owner represents and warrants that he or she is the veritable owner of the Parking Space or the person who is duly authorized to arrange leases of the Parking Space.

4.2 General Obligations of the Space Owner

The Space Owner fully represents, warrants, and agrees that the Space Owner will:

• 4.2.1 Ensure that the Parking Space is available for the duration of the Term, may be accessed easily by the Driver, and is not obstructed at any time during the Term.


• 4.2.2 Ensure that the Parking Space is clean, tidy, and clear of trash at the start of the Term.


• 4.2.3 Attempt to resolve any dispute concerning this Lease Agreement by communicating directly and solely with the Driver.


• 4.2.4 Indemnify and hold harmless the Driver against all loss, liability, damages, costs and expenses arising from the Space Owner’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Driver.


• 4.2.5 Act with courtesy towards the Driver and assist and cooperate with the Driver in relation to locating the Parking Space.

4.3 Safety of the Driver

The Space Owner will not deliberately do or omit to do anything which will or is likely to put the Driver’s vehicle or persons at risk.

4.4 Agents of the Space Owner

The Space Owner agrees to be responsible for the conduct of any person who assists the Space Owner with managing a booking, is responsible for, or authorized to, manage the Parking Space or a booking (an “Agent”). The Space Owner further agrees to ensure that such Agent complies with the terms of this Lease Agreement.

SECTION 5 - TERMINATION

5.1 Termination of the Lease

The termination of the Lease is subject to the following conditions :

5.1.1 Before the beginning of the Term :

1. The Driver may terminate the Lease and obtain a full refund if there are more than thirty (30) minutes remaining until the beginning of the Term;


2. The Driver may terminate the Lease if there are less than thirty (30) minutes remaining until the beginning of the Term subject to a deduction of $1 CAD;


3. The Space Owner has no right over any cancellation charges in relation to the Driver before the Term begins.

5.1.2 After the Term begins:

1. In all cases, the Driver will not be refunded the fixed transaction fee;


2. If the Driver has used the Parking Space for less than fifty percent (50%) of the Term, then the Driver will may receive a refund equivalent to the leftover time rounded down to the hour;


3. If the Driver has used the Parking Space for fifty percent (50%) or more of the Term, the Driver will not receive a refund.

5.2 Procedure to Terminate the Lease

The Driver must terminate the Lease by using the Service. Notice of intent to terminate is deemed to be received once the Driver issues a cancellation request for the associated booking via the Service. If the Driver fails to issue a cancellation request using the Service, the Driver will be liable for the full amount of the fees payable to the Space Owner and will not receive any refund whatsoever.

5.3 Exceptional Circumstances

In the event of exceptional circumstances beyond the reasonable control of the Driver, causing the Driver to no longer require the Parking Space, the Driver may request an exceptional termination of the Lease and may receive a refund other than in accordance with the cancellation policies referred to in section 5.1 and 5.2, subject to the Space Owner’s approval.

The Space Owner may unilaterally terminate the Lease in the event of exceptional circumstances beyond the Space Owner’s reasonable control. In such cases, the Space Owner agrees to immediately inform the Driver of the resolution of the Lease. The Space Owner is under no obligation to provide assistance to the Driver in finding an alternative parking space.

5.4 Unilateral Termination by the Space Owner

The Space Owner may unilaterally terminate the Lease at any time. In such cases, the Driver will be entitled to a full refund and the Space Owner agrees to discharge any additional cost which is payable by the Driver for suitable alternative parking arrangements.

SECTION 6 -GENERAL

6.1 Power to bind

Each Party agrees that it has the power and authority to enter into this Lease Agreement.

6.2 Assignment

Neither Party will be entitled to assign or subcontract their obligations under this Lease Agreement.

6.3 Force majeure

Neither Party will be liable to the other or be deemed to be in breach of the terms of this Lease Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any event of force majeure beyond the Party’s reasonable control, such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.

6.4 Entire Lease Agreement

Save in the case of fraud, the terms of this Lease Agreement represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.

6.5 Severability

The Parties agree that the terms of this Lease Agreement are fair and reasonable in the circumstances. However, if any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

6.6 Waiver

No delay, neglect or forbearance on the part of either Party in enforcing against the other Party any term or condition of this Lease Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that Party under this Lease Agreement. No right, power or remedy in this Lease Agreement conferred upon or reserved for either Party is exclusive of any other right, power or remedy available to that Party.

6.7 Governing Law and Jurisdiction

This Lease Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without reference to the principles of conflicts of law.

Contact

If you have any concern, question or complaint regarding this Agreement, please contact CityParking at:

CityParking Inc.
1250 rue Guy
Suite 600
Montréal, Québec
H3H 2L3

info@cityparking.com
This Agreement was last updated on March 14, 2017.