Terms of use

Glossary

➢ clicknpark refers to 9413-8757 Québec inc.

➢ Parking Space refers to the space that the Lessor offers for rent to the User during a fixed period and is subject of payment by the User of a predetermined amount of money, payable to the Lessor prior to the use of the space through our external payment partner;

➢ Lessor refers to an individual who has reached the age of legal majority in his jurisdiction, or a moral person, who offers to rent one or more parking areas belonging to him or her in accordance with availabilities set by them and in return for a sum of money also determined by them;

➢ User refers to an individual of eighteen (18) years of age and over who rents a Parking Space for personal, non-professional purposes for a sum of money that such person agrees to pay to the Lessor prior to using the Parking Space;

➢ Client refers to both Lessors and Users who use our website or mobile application and who are deemed to accept these terms and conditions;

➢ Client Account refers to the account that Clients must create in order to use our Services;

➢ Service refers to any service offered through our website or our application, mainly the creation of a tool enabling Clients to exchange among themselves in order to make available and rent Parking Spaces;

➢ External Site Stripe refers to the transactional platform to which clicknpark refers its Clients for payment of Parking Spaces;

Who Are We?

clicknpark operates a digital platform dedicated to the rental of parking spaces in the spirit of the sharing economy. Through this platform, individuals or companies can rent out their parking spaces to users of the clicknpark platform. clicknpark acts at all times as the lessor's agent for the rental and, if applicable, management of its parking spaces.

Reservation Tool

clicknpark offers its Clients a tool to reserve private parking areas. Lessors list the Parking Space(s) they own and wish to offer for rent. It is their responsibility to set the amount in exchange for which they agree to lease the Parking Space and the period during which it is available, following clicknpark recommendation. Users can then search and book Parking Spaces available in the area where they want to park their car. It is up to the Users to pay the amounts determined by the Lessors for the rental of the Parking Spaces.

Each Parking Space rental must be agreed upon between the Lessor and the User. Prior to parking his car, the User must book a Parking Space and pay for such Parking Space via the External Site.

clicknpark is not a party to the agreement entered into between Lessors and Users as such, cannot be held liable for any breach of such agreement by a Client.

How to Become a Client

In order to use our Services, Clients must create a Client Account. To do so, they must provide personal information such as their first and last name, e-mail and postal addresses, telephone numbers, etc. Personal information received by clicknpark may be forwarded to certain service providers in accordance with these terms and conditions and our Privacy Policy.

Lessors must also provide information about the Parking Space they wish to rent to Users, provide photos of the Parking Spaces and proof of ownership of the spaces. Once the Parking Space information is provided, this Parking Space is displayed and Users can make an agreement to proceed with the rental.

It is understood that Clients agree to use clicknpark's website and mobile application under their own identity, to provide accurate and complete information and to keep such information up to date. clicknpark does not undertake in any way to verify the veracity of the information provided. However, to the extent that clicknpark finds that you have provided incorrect, incomplete or outdated information, clicknpark reserves the right to suspend or terminate your Client Account and to prevent you immediately or in the future from having access to its website and its mobile application.

Information about the Parking Space, including, among other things, its location, availability and the sum for which it is offered is provided exclusively by the Lessors and does not bind clicknpark in any way.

By becoming a Client, the Lessor undertakes to hold at all times the necessary authorizations to offer for rent its Parking Space(s). The Lessor is responsible to ensure that the Parking Spaces it leases can serve the purposes for which it was leased. During the winter season, the Lessor undertakes to ensure the snow removal of the Parking Space(s) they offer to rent. Conversely, the User agrees to leave the Parking Space by leaving it in the condition it was at the beginning of the rental period. clicknpark makes no warranty as to the condition, safety or legality of the leased Parking Spaces.

Users agree to use clicknpark's website and mobile app for personal purposes only. In no event, shall clicknpark be liable for any professional or commercial use. We simply offer our Clients a tool to get in touch with each other. In no case we interfere in the agreements between the Lessors and the Users.

By becoming a Client, Users are deemed responsible to agree and to pay the decided amount with the Lessors, an administration fee (see Terms of Payment) and applicable taxes.

Compliance with Agreed Schedules and Parking Spaces

Clients must respect the parking times agreed between them for the rental of the Parking Spaces. The Lessor undertakes to ensure that the Parking Space rented is available at the time scheduled for the beginning of the rental period. In return, the User agrees to park their vehicle only during the period agreed with the Lessor. In the event that the User fails to comply with the schedule established with the Lessor, the User will be entitled to tow the vehicle at the User's expense.

The User agrees:

-to comply with the time schedule agreed to for the Parking Space;

-to make sure that the vehicle parked is the one associated with the User’s account on clicknpark;

--to make sure that its vehicle is parked in the parking space according to the Lessor’s instructions, not preventing other cars from entering or exiting the parking area or otherwise obstructing a legally parked vehicle;

-to only occupy the rented Parking Space;

-not to use a Parking Space otherwise reserved for handicapped persons or electric vehicles, unless such User is authorized by the public authorities to park in such reserved spaces.

Failing to respect the above terms will result in a penalty of 75$ + applicable taxes. A second offence could lead to the towing of your vehicle plus additional towing fees.

Terms of payment

Each Parking Space is payable by credit card via the External Site. The amount payable for each hour of use of a Parking Space will be determined by the Lessor and displayed on the reservation tool. This amount may be subject to modification by the Lessor at any time, provided that it cannot affect an ongoing rental. By using our Services, Users agree to pay the price agreed with the Lessor (including our administration fees), plus applicable taxes. The administration fee is subject to change without notice and is in Canadian dollars.

If you have any questions about payments made via our external Partner, we refer you to Stripe's terms and conditions and privacy policy as well as to the issuer of your credit card. All information that clicknpark may access in connection with your transactions will be managed in accordance with our Privacy Policy.

clicknpark Clients must understand that each transaction is final and no refund will be made.

Payment processing services for Clients on clicknpark 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 these terms or continuing to operate as a Client on clicknpark, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of clicknpark enabling payment processing services through Stripe, you agree to provide clicknpark accurate and complete information about you and your business, and you authorize clicknpark to share it and transaction information related to your use of the payment processing services provided by Stripe.

Client Obligations

To use our Services, you must be at least eighteen (18) years of age. It is your responsibility to comply with these Terms and Conditions and our Privacy Policy at all times. We expect the information you provide to be accurate, complete and up-to-date.

You must make legal use of our website and application in good faith. It is your responsibility to prevent anyone from accessing your Client Account and you will remain responsible for all acts performed through it. clicknpark is entitled to require you to provide proof of your identity and it is your responsibility to comply with such request. You are prohibited from using our website and our application for your own benefit or from selling, renting, lending, assigning or offering our Services without first obtaining our written authorization. It is possible that the use of our website or mobile application will incur certain charges with your cellular provider and you are entirely responsible for this. By becoming a Client at clicknpark, you agree to abide by all applicable laws and regulations, both provincially and municipally. The use of our website and our application is entirely at your own risk and clicknpark, its officers, employees, suppliers and affiliated companies are in no way responsible for this use.

In the event that you fail to comply with any of the above obligations, clicknpark will be entitled to suspend a Client Account upon the expulsion of a Client from the website and the mobile application, the indictment of a Client or any possible prosecution.

Our website and our application should not be a way for our Clients to harm anyone, display content that could incite the commission of an illegal act, be interpreted as provocation, discrimination, hatred or violence. You are prohibited from attempting to mislead other Clients or to assume the name, identity or corporate name of any person. You are not allowed to transmit violent content.

At any time, clicknpark may require that you cease all use of its website and mobile application or terminate your Client Account if it receives or you receive a formal notice to repair the harm resulting from the bad use of its website or mobile application. clicknpark is under no obligation to investigate the accuracy of the information contained in a formal notice, nor is it obligated to respond to it. Certain fees may be charged to you in the event that the default notice is based on your failure to comply with these terms and conditions. In addition, clicknpark may change your password, terminate your Client Account, or ban you from its website and mobile app if you violate this section.

clicknpark is committed to the following towards its Clients:

➢ notify you of any changes to these terms and conditions;

➢ ensure responsible management of the personal information you provide us with, in accordance with our privacy policy;

➢ ensure the security of our website and mobile application;

➢ follow up on your questions about our Services, our website, our mobile application, etc

Security

It is important for us to ensure the safety and privacy of Clients. We have therefore put in place certain security measures to protect you against the loss, misappropriation or fraudulent use of the personal information you provide us with. It is important that you notify us immediately if you become aware of any fraudulent use of your Client Account, your password or any other security issues.

You are in charge of your Client Account and password and it is your responsibility to ensure your privacy. clicknpark reserves the right to ask you to change your password without necessarily providing you with any justification.

For security reasons, clicknpark may have access to the content that Clients share on its website and mobile app. clicknpark is entitled to remove any content it deems inappropriate, withdraw your right to access your Client Account, and even prohibit you from accessing its website and mobile application if it deems that you do not comply with this section or our privacy policy.

The present website and mobile app are the exclusive property of clicknpark and are protected by Canadian and international laws. No part of clicknpark's website or mobile application may be reproduced, published, copied, recorded, posted, transmitted, broadcast or otherwise distributed except in accordance with legal limitations or if you have previously obtained our written consent. Unauthorized use is legally punishable. You are authorized to use our website and mobile app to the extent that you are acting in accordance with these terms and conditions and our privacy policy.

Trademarks, logos and other intellectual property displayed on our website and on our mobile app are trademarks, registered or not, of clicknpark or third parties and belong to their respective owners. It is strictly forbidden to use them without first obtaining the written authorization of the owner(s) concerned.

Our website and mobile app may contain links to other websites. Thus, you will understand that we can in no way be held responsible for the content of these external sites. We, therefore, refer our Clients to the terms and conditions of these other sites before proceeding to any transaction with them.

Mobile Devices

These terms and conditions are only binding to clicknpark and its Clients. Therefore, whether your app is installed on an Apple, Microsoft or other devices, know that Apple, Microsoft, etc., are completely unconcerned. They assume no responsibility for our website or mobile app.

Functioning of Website and Mobile Application

clicknpark can not guarantee that its website or mobile application will be available at all times, without interruption or error, nor that its website or the servers that allow it to function online are free of viruses or malfunctions. Thus, although every effort is made to keep information accessible and to operate the system, no guarantee of accuracy, reliability and consistently effective connection shall be implied by users of the website. clicknpark does not warrant that the use of its website or any part of the website will not infringe the rights of others and assumes no responsibility for errors or omissions in any part of the website whatsoever.

In addition, clicknpark can not be held liable in any way for any loss or damage resulting from the use or the inability to use all or part of its content, information, software, services or other content on clicknpark.com, for whatever reason, even if clicknpark was advised that such losses or damages could occur. In this case, you alone must bear the cost of any service, repair or correction that may be the consequence thereof.

General Conditions

Clients must read these terms and conditions before they have created their Client Account and have checked at the appropriate place that they accept. It is essential to accept these terms and conditions in order to access our Services.

At any time, clicknpark may choose to modify these terms and conditions, the features offered on its website or its mobile application. The Clients are not clicknpark employees, representatives or agents. These terms and conditions are subject to the laws of Quebec and Canada. You expressly acknowledge that any action taken by you, clicknpark or any other party to enforce these terms and conditions or any other component relating to the Website must be presented exclusively to the District of Québec.

If any provision of this website is declared invalid, void or unenforceable for any reason whatsoever, this provision shall be deemed divisible and shall not affect the validity and enforceability of the other provisions of this website.

If you have any questions, please contact us through e-mail at info@clicnpark.com.

Cancellation of a parking booking by the driver:

A booking may be cancelled on the following conditions:

Fixed-term bookings:

• Within 10 minutes after making the reservation: no fee (0$)

• More than 24 hours before the booking starts: 20% fee or credit

  (i) a refund on the method of payment used by the driver, minus a cancellation fee equal to 20%; OR
  (ii) a refund equal to 100% of the transaction amount in credits for any future booking.

• Less than 24 hours before the booking starts: 50% fee

  a refund equal to the transaction amount in credits for any future booking, minus service fees equal to 50% of such amount.

• After the booking starts: 100% fee

  no refund.

Monthly Subscriptions:

For all monthly subscription cancellations, there is no refund for the current month.

The following months may be cancelled on the following conditions:

• Within 10 minutes after making the reservation: no fee (0$).

• More than 15 days before the renewal date of the subscription for the next month: No fee.

• Between 15 and 5 days before the renewal date of the subscription for the next month: 20% of the cost of the next month will be charged as a cancellation fee.

• Less than 5 days before the renewal date of the subscription for the next month: 50% of the cost of the next month will be charged as a cancellation fee.