PARKSTOW - TERMS OF SERVICE
Last Updated: June 5, 2026
These terms of service (these “Terms”) constitute a legally binding agreement between you and ParkStow Inc. (“Company”, “we”, “us” or “our”) governing your use of our website at www.parkstow.com (including any subdomain or localized version), our iOS and Android mobile applications, and our services for renters and hosts (collectively, the “Service”).
If you are using the Service on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to the Terms for that organization and representing and warranting that you have the authority to bind that organization to the Terms. In such a case, “you”, “your” and “User” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and the Company.
By agreeing to these Terms and/or accessing or using the Service, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN, YOU MAY NOT USE OR ACCESS THE SERVICE.
1. ParkStow Services
The Service facilitates the connection between persons or businesses who make parking spaces, storage spaces, driveways, garages, lockers, rooms, units, or other areas available for temporary parking, storage, or related use through the Service (“Hosts”) and persons who wish to book or use such spaces (“Renters”). On the Service, Hosts may create and promote listings for available parking or storage spaces, and Renters may, in their sole discretion, elect to book such spaces through the Service. Hosts and Renters are both referred to in these Terms as “Users”.
The Service merely facilitates the connection of Renters and Hosts. The Company may assist in coordinating the booking of space offerings and in facilitating the payments for space offerings through the Service. The Company will not be a party to any agreement or contract, verbal or otherwise, between a Renter and a Host, except as expressly set out in these Terms. As such, you acknowledge that we do not provide, recommend, endorse or make any representations or warranties about the quality, condition, legality, availability, suitability, safety, security, accessibility, dimensions, location, or features of any parking spaces, storage spaces, driveways, garages, lockers, units, or other spaces made available by Hosts through the Service (“Space Services”) and that all Space Services are provided by the Hosts who are independent of and are not employed by us or any of our affiliates. To the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Hosts or Renters, whether online or offline. While we may use a third-party identity verification service provider to verify the identity of Hosts and Renters and may require Users to upload Verifying Information, we do not conduct background checks or otherwise screen Hosts or Renters, and we do not verify that any Host owns, leases, controls, or is otherwise authorized to list any space. We also do not verify the legal status, zoning, licensing, condominium, landlord, lease, insurance, accessibility, safety, security, dimensions, condition, or suitability of any listed space and, therefore, do not warrant that any Host or Renter profile, listing, Verifying Information, or other information made available through the Service is accurate, complete, conclusive or up-to-date. You should exercise caution and use your independent judgment before engaging a Host, booking or providing Space Services, accessing or using any space, or otherwise interacting with Users via the Service.
2. Eligibility to Use the Service
(a) Eligibility. The Service may only be used by individuals who can form legally binding contracts under applicable law and is not available to persons under the age of majority in your province or territory of residence or Users who have had their User Account temporarily or permanently deactivated. You must be over the age of majority in your province or territory of residence in order to register for a User Account (as defined below). You may not allow other persons to use your User Account, and you agree that you are the sole authorized User of your User Account.
(b) Connection. In addition, to use the Service, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.
3. Privacy Policy and Additional Policies
(a) Privacy Policy. We will collect some of your personal or business information to create your User Account (as defined below) and thereafter in your use of the Service. All personal and business information and data collected, used or disclosed while providing the Service is governed by our privacy policy located at (www.parkstow.com) (“Privacy Policy”). By using the Service, you agree to our use, collection and disclosure of personally identifiable or business information and data in accordance with the Privacy Policy.
(b) Cancellation Policy. Bookings made through the Service are subject to our cancellation policy displayed or made available to you through the Service before the booking is confirmed (“Cancellation Policy”). By making, accepting or completing a booking through the Service, you agree to comply with the applicable Cancellation Policy.
(c) Additional Policies. In addition, by using the Service, you agree to be bound by any additional policies, guidelines, rules, obligations, agreements or documents communicated through the Service, including, without limitation, as applicable, any policies referred to in these Terms. For example, we may post additional policies, guidelines, rules, obligations or agreements that specifically relate your use of the Service. You agree to comply with such policies, guidelines, rules, obligations or agreements even if they are not identified in these Terms.
4. User Accounts; Registration Data; Account Security; Verifying Information
(a) Registration for a User Account and Account Security. You can browse the Service without registering for a User Account. When and upon registering for a User Account, you agree to (i) provide accurate, current and complete information as may be prompted through online accounts you may have with third party social media services or by any registration forms on the Site (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to the Service or otherwise to the Company, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information or material you provide to the Service. You may not impersonate any other person while using the Service. The Company will not be liable for any loss or damage from your failure to comply with this obligation. You may not allow other persons to use your User Account and you agree that you are the sole authorized user of your User Account. You shall at all times be responsible and liable for all actions conducted through and related to your User Account.
(b) Connecting Through a Social Media Account. By connecting to the Service through a social media account (including via in-application feedback, any email feature, or through any Company-related Facebook posting), you understand that the Company may access, store, and make available content from your social media account according to the permission settings of your social media account (e.g., friends, mutual friends, contacts or following/followed lists). You understand that your social media content may be available on and through the Service to other Users. Unless otherwise specified in these Terms, all social media content, if any, shall be considered to form part of your Registration Data.
(c) Renter Account. In order to become a Renter and connect with a Host, you must register for an account through the Service (“Renter Account”). Upon registration for a Renter Account, you may be required to submit additional information, documentation, images, identity verification materials, payment information, or other information requested by the Company or its third-party service providers for identity verification, fraud prevention, payment processing, compliance, safety, security, or account administration purposes (“Verifying Information”). Upon submission of such Verifying Information, you authorize the Company and its third-party service providers to request, receive, use, process, disclose and/or store such information in accordance with these Terms and the Privacy Policy. Upon registration for a Renter Account, you may be required or permitted to perform certain actions, as further specified on the Service or as otherwise communicated by the Company.
(d) Host Account. In order to become a Host and promote your space offering and connect with Renters, you must apply for an account through the Service (“Host Account”, collectively with the Renter Accounts, the “User Accounts” and each a “User Account”). You may be required to submit Verifying Information when applying for a Host Account, maintaining a Host Account, accepting bookings, receiving payouts, or otherwise using the Service. Where permitted, the Company has the right, but not the obligation, to undertake identity verification processes designed to check your Verifying Information. Upon submission of such Verifying Information, you authorize the Company and its third-party service providers to request, receive, use, process and/or store such information. Where permitted, the Company has the right, but not the obligation, to undertake identity verification processes designed to check your Verifying Information. For greater certainty, the Company does not conduct background checks on Hosts or Renters and does not verify that any Host owns, leases, controls, or is otherwise authorized to list any parking space, storage space, driveway, garage, locker, unit, or other space through the Service. Upon a Host’s completion of the application process, the Company, in its sole discretion, acting reasonably, shall determine whether the applicant is eligible to be a Host. If approved, the Company shall register the Host for a Host Account and thereafter, the Host shall be permitted to promote its parking, storage, or related space offerings and connect with Renters, in accordance with and subject to these Terms.
5. User Representations and Responsibilities
By accessing and using the Service, you represent, warrant, and agree that at all times while using the Service, if and as applicable:
(a) Licensing and Regulations. As a Host, you: (i) are legally eligible to provide parking, storage, or related space offerings in all of the provinces and territories where you provide such offerings on or through the Service; (ii) possess all valid and required consents, approvals, licences, qualifications, permits and government approvals necessary to provide such offerings legally; (iii) have complied and will comply with all laws, by-laws, rules and regulations applicable to you, your property, your listed space and your use of the Service, including, without limitation, applicable zoning, municipal licensing, property standards, condominium, landlord, lease, mortgage, insurance, fire safety, building code, accessibility, parking, storage and similar requirements applicable to the provision of parking, storage, or related space offerings. As a Renter, you will use any parking, storage, or related space booked through the Service in compliance with all applicable laws, by-laws, rules and regulations and any applicable rules, restrictions, instructions or requirements communicated by the Host or through the Service.
(b) Authority to List and Use Spaces. As a Host, you represent and warrant that you own, lease, control, or are otherwise authorized to list and make available each parking space, storage space, driveway, garage, locker, unit, or other space that you advertise, promote, or provide on or through the Service, and that you have obtained and will maintain all required consents, permissions, approvals and authorizations from any applicable property owner, landlord, condominium corporation, strata corporation, property manager, mortgagee, insurer, municipality, governmental authority, or other person or entity with rights in or authority over the applicable space. As a Renter, you will not access, use, park in, store property in, or otherwise occupy any space except in accordance with the applicable booking and these Terms.
(c) Licence Only; No Interest in Land. Each booking made through the Service is intended to create only a limited, temporary, revocable contractual licence between the applicable Host and Renter to access and use the applicable listed space for the booking period and permitted purpose. No booking, listing, use of the Service, or other arrangement made through the Service creates, or is intended to create, a lease, tenancy, sublease, assignment, easement, exclusive possession, interest in land, or landlord-tenant relationship between any parties, including between the Company and any User or between a Host and a Renter. Hosts retain all rights, title and control over their listed spaces, subject only to the limited access and use rights granted to Renters for confirmed bookings in accordance with these Terms.
(d) No Bailment. The Service is intended to facilitate access to space only. The Company does not take custody, possession, care, control, or responsibility for any vehicle, goods, personal property, equipment, or other items parked, stored, placed, or left in or around any listed space. No bailment, warehousing, storage custody, safekeeping, or similar relationship is created between the Company and any User. Hosts and Renters are solely responsible for determining whether their own arrangement creates any custody, care, control, bailment, insurance, or other obligations between them.
(e) Liability and Insurance. You shall be responsible and liable for all, and the Company shall in no way be liable or responsible for any, parking, storage, or related space offerings advertised, promoted, booked, accessed, used, provided or otherwise made available on or through the Service, including, without limitation, all correspondence, interaction and communication related thereto. As a Host, you represent and warrant that you have obtained and will maintain any required or appropriate insurance policies relating to your property, your listed space, and the provision of parking, storage, or related space offerings through the Service. As a Renter, you represent and warrant that you have obtained and will maintain any required or appropriate insurance policies relating to any vehicle, personal property, goods, equipment, or other items that you park, store, bring onto, or otherwise place in or around any space booked through the Service.
(f) Misrepresentation of Space Offerings. You will not make any misrepresentation or false claims regarding any parking, storage, or related space offerings advertised, promoted, booked, accessed, used, provided or otherwise made available on or through the Service, including, without limitation, any misrepresentation or false claim regarding the ownership, authority, legality, availability, condition, dimensions, location, access, security, safety, suitability, accessibility, insurance, permitted use, or features of any listed space. Without limiting the foregoing, any accessibility-related description, designation, feature, or representation regarding a listed space is provided by the applicable Host, and unless the Company expressly states otherwise in writing, the Company does not verify, certify, inspect, or warrant that any listed space satisfies any accessibility standard, legal requirement, building code requirement, or the needs of any particular User.
(g) Information and Geolocation. You agree to provide us with all the information we request in connection with your use of the Service including, but not limited to, any applicable business licence(s), property information, listing information, identity verification information, geolocation information and any further necessary authorization to facilitate our access to such records during the term of these Terms. You promise to update the information you have provided to the Company in the event of any changes to the information.
(h) Use of the Service. You will not engage in reckless, unsafe, unlawful, fraudulent, abusive, threatening, or harmful behaviour while using the Service or in any way related to the Service or any parking, storage, or related space offerings provided on or through the Service. You will not act unsafely in providing, accessing, using, parking in, storing property in, or otherwise interacting with any space on or through the Service while impaired by alcohol or drugs, or in any manner that is unlawful, unsafe, or that harms or threatens to harm the safety, security, property, privacy, or legal rights of anyone.
(i) Misrepresentation of Relationship. You will not make any misrepresentation regarding the Company, the Service, other Users, your status as a User, or your ownership of, authority over, role in providing, or role in booking or using any parking, storage, or related space offerings on or through the Service. You will not represent yourself as an independent contractor for, or employee, agent, partner, representative or affiliate of the Company. You will not represent the Company as owning, leasing, operating, managing, inspecting, controlling, advertising, promoting, providing, purchasing or selling any parking, storage, or related space offering posted on the Service.
(j) Fraud. You will not engage in any fraudulent activity with the Company or other Users in the promotion, advertisement, booking, purchase, access, use, or provision of parking, storage, or related space offerings on or through the Service. If we suspect that you have engaged in fraudulent activity, we may terminate your User Account.
(k) Compliance with Human Rights. You will make reasonable accommodation for other Users as required by law and will not discriminate against or harass anyone on the basis of race, national origin, citizenship, place of origin, religion, creed, sex, gender, gender identity, gender expression, physical or mental disability, medical condition, marital status, family status, age, sexual orientation, or any other ground protected by applicable law, or cause any third party to engage in the restricted activities above.
(l) Tax. You agree to pay all applicable federal, provincial, municipal and other taxes, duties, charges, levies, and assessments based on your purchases, bookings, provision, receipt, or use of parking, storage, or related space offerings through the Service and any payments you receive or make connected therewith.
6. Fees, Refunds and Cancellation
(a) Fees to access and use the Service. You can register for a User Account, access the Service and connect with other Users without the payment of any fees, unless otherwise communicated through the Service. We reserve the right to introduce, change, waive, reduce, or remove any fee on or related to the access or use of the Service from time to time, including, without limitation, service fees, booking fees, platform fees, processing fees, payout fees, cancellation fees or other fees payable by Hosts or Renters in connection with the use of the Service or any parking, storage, or related space offerings booked through the Service. Fees applicable to a specific booking, transaction, payout, cancellation, refund, or other use of the Service will be disclosed through the Service before you complete the applicable transaction, or otherwise communicated to you in accordance with applicable law. If we introduce or change a recurring fee, subscription fee, or other fee that applies generally to your continued access to or use of the Service and is not tied to a specific booking or transaction, we will take reasonable steps to provide notice before the change becomes effective. Your continued use of the Service after the effective date of any fee change constitutes your agreement to the changed or new fees.
(b) Payment Processing. Users may be required to provide a credit card, other payment method and/or banking information when registering for a User Account, making or accepting a booking, receiving payouts, or otherwise using the Service. If and when you add a credit card, payment method and/or banking information to a User Account, you authorize us to provide this information to our third party payment processor and any other applicable third party service providers for the purpose of facilitating payments, payouts, refunds, fees, charges and other transactions through the Service. You acknowledge and agree that our third-party payment processor’s terms will govern your agreement and interactions with them and that we have no liability arising from your use of or access to their payment processor, except to the extent such liability cannot be excluded under applicable law. You agree to review our third-party payment processor’s terms and policies. The Company reserves the right to switch payment processing vendors in its discretion.
(c) Bookings, Charges and Refunds. The total price, applicable fees, taxes, cancellation terms, refund terms, and any other material booking terms that apply to a booking will be disclosed through the Service before the Renter confirms the booking, or as otherwise required by applicable law. By confirming a booking, the Renter authorizes the Company and/or its third-party payment processor to charge the applicable payment method for the amounts disclosed through the Service. Refunds, cancellations, and any Host payouts will be processed in accordance with these Terms, the applicable cancellation policy displayed through the Service, and applicable law.
(d) Host Payouts. Subject to applicable law, third-party payment processor requirements, fraud prevention, chargebacks, refunds, cancellations, disputes, and these Terms, the Company may facilitate payouts to Hosts in accordance with the payout timing and methods communicated through the Service from time to time. The Company may delay, suspend, withhold, offset, or reverse any payout where it reasonably determines that doing so is necessary to address a refund, cancellation, chargeback, suspected fraud, legal or regulatory issue, User dispute, breach of these Terms, or risk to the Company, Users, third parties, or the integrity of the Service.
7. Ownership, Copyright and Trademarks
(a) User Content. Content (as defined below) provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Service may include posted text, photographs, videos, reviews, information in your profile on the Service, listing descriptions, space details, location information, access instructions, communication between Users and other data uploaded by a User to the Service, but does not include Verifying Information. Verifying Information is not treated as User Content for the purposes of the licence granted in Section 9 and will be collected, used, disclosed, stored and otherwise processed in accordance with these Terms and the Privacy Policy.
(b) Release. If your name, voice, image, persona, likeness, or performance is included in any of your User Content, you hereby waive, and release the Company and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of your User Content in accordance with the license described in Section 9 below and the other provisions of these Terms.
(c) Ownership, Copyright and Trademarks. Other than User Content, the Service (including the Content thereon) and any other software used to create and operate the Service is the property of the Company or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Service, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners.
(d) Responsibility. Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Service, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Service.
8. License to Use the Service, License Restrictions and Restricted Activities
(a) Content. In these Terms, the content on the Service, whether made available to you or provided by you, including, without limitation, all User Content, information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
(b) License. The Company grants to you a revocable, non-exclusive, non-sublicensable license to use and access the Service and to view the Content available to you through the Service (“License”).
(c) License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms, the Service, the Content and the License are subject to the following restrictions and account terms:
(i) the Service (including your User Account) is for your use only. You may not resell, lease or provide it in any other way to anyone else, except as permitted through the Service.
(ii) You may not make or distribute copies of the Service.
(iii) You may not alter, merge or translate the Service, or decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form.
(iv) You may not modify, reproduce or create derivative works based on the Service or the Content.
(v) You may not use the Service for any application deployment or ultimate production purpose.
(vi) You may not use the Service to develop any application, offering or service having the same or similar primary function as the Service.
(vii) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
(viii) You may not otherwise use the Service or the Content other than for its intended purpose, including, without limitation, to list, promote, book, access, use, or facilitate parking, storage, or related space offerings in accordance with these Terms.
(ix) You may not (i) impersonate any person or entity; or (ii) stalk, threaten, abuse, molest, injure or otherwise harass or cause physical harm to any person.
(x) You may not use the Service to list, promote, book, access, use, or otherwise make available any parking space, storage space, driveway, garage, locker, unit, or other space in a manner that is unlawful, unsafe, fraudulent, misleading, unauthorized, or in breach of any applicable law, by-law, regulation, lease, condominium rule, strata rule, mortgage, insurance policy, contract, consent, approval, or other legal obligation.
(xi) You may not use the Service to store, park, place, transport, receive, or facilitate any hazardous, illegal, stolen, counterfeit, dangerous, perishable, explosive, flammable, toxic, regulated, or otherwise prohibited vehicles, goods, materials, substances, or property, or any items that may cause damage, injury, nuisance, contamination, infestation, odour, or other harm to any person, property, space, or the Service.
(xii) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
(xiii) Your use of the Service and the Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law (including, without limitation, any patent, trademark, trade secret, copyright or other intellectual or proprietary rights).
(xiv) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License in this Section is revocable by the Company at any time.
(xv) You may not (i) index, scrape, “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (ii) link directly or indirectly to any other websites, applications or services.
(xvi) You may not transfer or sell your User Account, password and/or identification to any other party.
(xvii) You must comply with and abide by the User Content Guidelines (as defined below).
9. Your Limited License of Your User Content to the Company
(a) Ownership. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Service, now and in the future. For example, if you, a Host, create a profile page or listing with photographs, descriptions, location information, access instructions, availability, pricing, features, dimensions, or other information about the parking, storage, or related space offerings you provide, we need your license to display that User Content on the Service, and we need the right to sublicense that User Content to other Users of the Service so that they can view that User Content.
(b) License. Therefore, by posting or distributing User Content to or through the Service, you: (a) grant the Company and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Service may from time to time use such User Content; and (b) represent and warrant that: (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content to or through the Service; and (ii) the use, posting or other transmission of such User Content does not violate these Terms, including the restrictions described in Section 10 below, any rights of any third party, or any applicable law.
(c) Sublicense. If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Service, as described in this Section.
(d) Rights Granted. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Service. And they are transferable because we need the right to transfer these licenses to any successor operator of the Service. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Service does this to your User Content when it processes it for use on the Service.
10. User Content Guidelines and Reviews Guidelines
(a) General. The Service may permit Users to upload or input User Content, including ratings and reviews of other Users, listings, parking spaces, storage spaces, or related space offerings. User Content submitted to any public area of the Service will be considered non-confidential.
(b) User Content Guidelines. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following (“User Content Guidelines”):
(i) any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, hateful, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of the Company;
(ii) content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
(iii) content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(iv) private information of any third party, including without limitation, addresses, phone numbers, email addresses, access codes, entry instructions, security information, licence plate numbers, payment information and credit card numbers, unless that third party has expressly consented to such use or such information is required to complete a booking through the Service;
(v) content that is false, misleading, inaccurate or deceptive, including, without limitation, content that misrepresents the location, dimensions, condition, availability, accessibility, safety, security, permitted use, ownership, authorization, or other features of any parking space, storage space, driveway, garage, locker, unit, or other space listed or made available through the Service;
(vi) viruses, corrupted data or other harmful, disruptive or destructive files; or
(vii) content that is unrelated to the use of the Service.
(c) Review Guidelines. Reviews posted on the Service must comply with the following (“Review Guidelines”):
(i) Users who wish to post a review of another User, listing, parking space, storage space, or related space offering must have a User Account;
(ii) reviews must be helpful and reasonable and must only accurately describe the true experience that the User had with such other User (i.e. no hearsay);
(iii) reviews must be legal and must not infringe the rights of any party;
(iv) reviews must comply with the User Content Guidelines above;
(v) reviews may not disclose private, confidential, sensitive, security-related, or access-related information about another User or any listed space, including, without limitation, access codes, lockbox details, entry instructions, security system information, private addresses, or other information that could compromise the safety, security, privacy, or property of any person; and
(vi) reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).
(d) Violation of Guidelines. Reviews on the Service are the sole, subjective opinion of the Users who posted them. The Company does not endorse any of the reviews posted on the Service and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section. If you believe that a review was written in a manner that contravenes these Terms, you may request the removal of such review through the Service. Any use of the Service or portions of the Service in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Service. We have no obligation to provide you with the content of any reviews about you submitted by other Users of the Service, whether before or after deactivation of your account for the Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews.
11. Security of the Service
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Service is encrypted using SSL certificates. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Service, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
12. Third Party/Open Source Software
The Service may contain and/or may connect to third party software and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third Party Licenses, if any. Third Party Licenses may be viewed through the Service or by contacting the Company at support@parkstow.com.
13. Third-Party Service Providers and Partners
The Company may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms. We operate the Service in conjunction with our independent contractors. Our independent contractors and third-party partners may have access to your personal or business information in providing services to us, or providing you with access to the Service. We may use a variety of third-party service providers, independent contractors, employees and servers in locations both inside and outside of Canada, which may make your personal or business information the subject of foreign laws and foreign legal proceedings.
14. Linked Sites
The Service may contain links to third party websites (“Third Party Sites”) or third party content (“Third Party Content”) as a service to those interested in this information or as otherwise posted as User Content from a User. You use links to Third Party Sites or any Third Party Content or services provided there at your own risk. The Company does not monitor or have any control over, and makes no claim or representation regarding, such Third Party Content or Third Party Sites. The Company may provide these links only as a convenience or a User may provide these links as part of their User Content, and a link to a Third Party Site or Third Party Content does not imply the Company’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content. The Company accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of any Third Party Content, Third Party Sites, or websites linking to the Service. When you leave the Service, unless otherwise stated herein, our Terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
15. Advertisements and Promotions
The Company may run advertisements and promotions from third parties on or through the Service. Your business dealings or correspondence with, or participation in promotions of User or advertisers other than the Company, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such User or other third party. The Company 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 or through the Service.
16. Disclaimer
THE SERVICE, THE CONTENT AND THE VERIFYING INFORMATION ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM THE COMPANY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE CONTENT OR VERIFYING INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICE, THE CONTENT, THE VERIFYING INFORMATION OR ANY PORTION THEREOF. THE COMPANY DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY.
WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING, AND YOU ARE SOLELY RESPONSIBLE FOR ALL DEALINGS, WITH OTHER USERS WITH WHOM YOU MEET, CONTRACT OR COME IN CONTACT WITH THROUGH THE SERVICE. WE PROVIDE NO ASSURANCES, GUARANTEES OR REPRESENTATIONS (EXPRESS OR IMPLIED) REGARDING THE QUALITY, REPUTATION, LEGALITY, INTEGRITY, RESPONSIBILITY, AUTHORITY, CONDITION, SAFETY, SECURITY, ACCESSIBILITY, SUITABILITY, AVAILABILITY, LOCATION, DIMENSIONS, FEATURES, OR ACTIONS OF (A) ANY PARKING, STORAGE, OR RELATED SPACE OFFERINGS PROMOTED, ADVERTISED, BOOKED, PROVIDED OR OTHERWISE MADE AVAILABLE BY A HOST; OR (B) ANY USER (INCLUDING, WITHOUT LIMITATION, ANY USER’S PERSONNEL, IF AND AS APPLICABLE), WHETHER IN PUBLIC OR PRIVATE ONLINE INTERACTIONS. EVEN IF LISTED ON THE SERVICE, AND EVEN IF A USER OR A PARKING, STORAGE, OR RELATED SPACE OFFERING HAS RECEIVED FAVOURABLE REVIEWS ON THE SERVICE, WE DO NOT ENDORSE, REFER OR RECOMMEND ANY PARKING, STORAGE, OR RELATED SPACE OFFERINGS OR USERS. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MADE IN THESE TERMS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. Limitation of Liability
(a) Waiver of Liability. You waive and shall not assert any claims or allegations of any nature whatsoever against the Company, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties” and each a “Released Party”) arising out of or in any way relating to your use of the Service, the Content or Verifying Information, including, without limitation, any claims, injuries, loss, harm or damages arising from your interactions with other Users and the acts or omissions of Hosts and Renters, claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Service, the Content or Verifying Information, or allegations that the Company or any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Service, including, without limitation, anything related to or arising from the listing, booking, access, use, purchase or provision of parking, storage, or related space offerings, any unauthorized listing, denial of access, overstay, towing, removal, damage to or loss of any vehicle, goods, personal property or listed space, personal injury, criminal activity, unlawful activity, or dispute between Users. You use the Service at your own risk.
(b) No Indirect, Etc. Damages. Without limitation of the foregoing, you agree that, to the fullest extent permitted by law, in no event will the Company or any other Released Party be liable, howsoever caused, for any direct, special, indirect, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of income, loss of data, loss of life, data breach, data theft, personal injury, damage to, loss of, theft of, or interference with any vehicle, goods, personal property, parking space, storage space, driveway, garage, locker, unit, or other space, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Service, Verifying Information or the Content, including without limitation any damages caused by or resulting from your reliance on the Service, the Content or Verifying Information or other information obtained from the Company, any User or any other Released Party or accessible via the Service, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data (including your profile information, listings or reviews), defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company, any User, or any other Released Party's records, programs or services, regardless of legal theory and whether or not we have been warned of the possibility of such damages and whether those damages were foreseeable or not and/or caused by any negligence, misconduct, and/or other action and/or inaction by you or any third party (including, without limitation, the Company, a User or any Released Party).
(c) Limitation of Liability. In no event shall the aggregate liability of the Company, 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 access to or use of the Service exceed any amount paid by you to the Company for access to the Service during the six (6) months prior to the date of any claim, if any, or, if you have not paid the Company for use of any Services, the amount of $100.00.
(d) Third-Parties. To the fullest extent permitted by law, without limiting the generality of this Section, or any other section limiting our liability, you agree that we shall not be responsible for the acts or omissions, including but not limited to, the negligent acts or omissions, of our independent contractors, third-party partners, employees, Renters, Hosts, payment processors, identity verification providers, any other third-party service providers and/or any third party software and/or open source software.
(e) Sole and Exclusive Remedy. If you are dissatisfied with the Service, do not agree with any part of the Terms, or have any other dispute or claim with or against us or any other Released Party, then your sole and exclusive remedy is to discontinue accessing and using the Service.
18. Indemnification
(a) Indemnification. You shall defend, indemnify and hold harmless the Company and the other Released Parties from any and all claims, losses, demands, damages, liabilities, costs (including reasonable legal fees), taxes, expenses and proceedings of every kind and nature, known and unknown, which may arise from or are in any way connected with, among other things, (i) your violation of these Terms; (ii) your violation of any third-party right or the rights of another User; (iii) any breach of a representation or warranty made by you to us, either in the Terms or otherwise; (iv) our use of your User Content, and our collection, use, disclosure, processing or storage of Verifying Information, in accordance with these Terms and the Privacy Policy; (v) the use of the Service by any person to whom you give access to your User Account; (vi) your use of, access to, and/or activities in connection with the Service, including, without limitation, your communication and any interaction with a User, online or offline; (vii) the promotion, advertisement, listing, booking, sale, purchase, provision, access to, or use of any parking, storage, or related space offerings; (viii) any claim relating to the ownership, lease, control, authorization, legality, availability, condition, dimensions, location, access, security, safety, suitability, accessibility, insurance, permitted use, or features of any parking space, storage space, driveway, garage, locker, unit, or other space listed, booked, accessed, used, provided or otherwise made available on or through the Service; (ix) any damage to, loss of, theft of, or interference with any vehicle, goods, personal property, listed space, building, property, or other item or location arising from or related to your use of the Service or any parking, storage, or related space offering; (x) any negligent, reckless, fraudulent, unlawful, or intentionally wrongful act; (xi) any taxes, duties, charges, levies, assessments, penalties, interest, or other amounts payable in connection with your use of the Service or any payments you receive or make through or in connection with the Service; or (xii) any failure to use the Service in accordance with all applicable laws, rules, by-laws and regulations.
(b) Disputes between Users. If you have a dispute with a Host or Renter, you release and hereby agree to indemnify, defend and hold harmless the Company and the Released Parties from any and all claims, demands, losses, damages, costs, taxes, expenses, proceedings and liabilities (including reasonable legal fees) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute, including, without limitation, any dispute relating to a listing, booking, payment, cancellation, refund, access issue, denial of access, overstay, towing, removal, damage, loss, theft, personal injury, property damage, stored goods, vehicle, listed space, or any act or omission of another User. In no event will the Company be liable for direct or indirect consequences of a Host or Renter failing to comply with applicable laws, by-laws, rules, regulations, contracts, consents, approvals, condominium rules, strata rules, lease obligations, insurance requirements, or other legal obligations.
19. Waiver of Trial by Jury and Disclosure of Information
(a) Waiver of Trial by Jury. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of the Terms.
(b) Disclosure of Information. We reserve the right to provide your User Content, Registration Data, Verifying Information and other user information (including but not limited to your personal and/or business information) uploaded or collected by the Company on or in connection with the Service, to third-parties, if required by law (such as in response to a subpoena, court order or other legal process in any jurisdiction), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. If we are required by law to make any disclosure of your User Content, Registration Data, Verifying Information or personal and/or business information, we may (but are not obligated to) provide you with written notice (to the extent permitted by law) prior to such disclosure so that you may take appropriate action.
20. Termination, Suspension and Other Measures
(a) Term. These Terms are effective when you access or use the Service, including by creating a User Account, and remain in effect until terminated by you or the Company in accordance with these Terms.
(b) Termination by You. You may terminate these Terms at any time by deleting your User Account, if such functionality is made available through the Service, or by contacting us at the contact information set out in these Terms. Termination of your User Account will not affect any rights or obligations that accrued before termination, including any payment obligations, indemnities, liabilities, or obligations relating to any completed or pending bookings.
(c) Termination by the Company. The Company may terminate these Terms and your User Account for any reason by providing you with at least thirty (30) days’ notice using the contact information associated with your User Account or by other reasonable means through the Service. The Company may also terminate these Terms, suspend or deactivate your User Account, or restrict your access to all or any part of the Service immediately, with or without prior notice, if: (i) you breach these Terms or any policies, guidelines, rules, obligations, agreements or documents communicated through or applicable to the Service; (ii) you violate applicable laws, by-laws, regulations, third-party rights, or the rights of another User; (iii) you provide false, misleading, incomplete or inaccurate information, including Verifying Information or listing information; (iv) you list or attempt to list a space without the required ownership, leasehold, consent, approval, licence, insurance, or other authority; (v) you engage in fraudulent, unsafe, unlawful, harmful, abusive, threatening, discriminatory, or otherwise inappropriate conduct; (vi) there is an issue with your payment method, payout information, chargeback, refund, or other payment-related matter; (vii) your User Account has been inactive for more than two (2) years; or (viii) the Company reasonably believes that termination, suspension, deactivation, or restriction is necessary to protect the Company, the Service, other Users, any third party, any property, or to comply with applicable law, a court order, law enforcement request, governmental request, or other legal or regulatory obligation.
(d) Suspension, Restrictions and Other Measures. If the Company determines that it is reasonably necessary or appropriate, the Company may, with or without prior notice: (i) suspend, limit, deactivate, or restrict your access to or use of the Service or your User Account; (ii) suspend, remove, disable access to, or restrict the visibility of any listing, review, User Content, or other Content; (iii) cancel, suspend, or restrict pending or confirmed bookings; (iv) delay, suspend, cancel, or otherwise restrict payments, refunds, or payouts, subject to applicable law and the terms of the applicable third-party payment processor; or (v) take any other measure that the Company reasonably determines is necessary to protect the Company, the Service, Users, third parties, property, or the integrity, safety, security, or legal compliance of the Service.
(e) Opportunity to Resolve. Where the Company considers it appropriate in the circumstances, including for minor or curable issues, the Company may provide you with notice of the issue and a reasonable opportunity to respond to or resolve the issue before taking action under this Section. However, the Company is not required to provide prior notice or an opportunity to resolve where the Company reasonably believes that immediate action is necessary due to legal, regulatory, safety, security, fraud, payment, property, User protection, or platform integrity concerns.
(f) Changes to the Service. The Company reserves the right to change, suspend, discontinue, modify, add, remove, or limit any aspect of the Service or Content at any time, including, without limitation, the features, functionality, geographic markets, types of listings accepted or permitted, booking options, payment methods, payout methods, fees, verification processes, or other aspects of the Service. Where reasonably practicable, the Company will provide notice of material changes that materially affect your use of the Service.
(g) Effect of Termination. If your User Account is terminated, suspended, deactivated, or restricted, you may not create a new User Account or access or use the Service through another User’s account without the Company’s prior written consent. If you are a Host and your User Account is terminated, suspended, deactivated, or restricted, the Company may cancel your pending or confirmed bookings and issue refunds to affected Renters in accordance with these Terms, any applicable cancellation policy, and applicable law. If you are a Renter and your User Account is terminated, suspended, deactivated, or restricted, your pending or confirmed bookings may be cancelled and any refund will be determined in accordance with these Terms, any applicable cancellation policy, and applicable law. Termination, suspension, deactivation, or restriction of your User Account does not entitle you to restoration of your User Account or any User Content.
21. Modification
The Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policies, guidelines, rules, obligations, agreements or documents communicated through or applicable to the Service, from time to time. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and/or we will post a notice on your User Account page or elsewhere on the Service visible to you the next time you access the Service. Unless otherwise specified, any changes or modifications will be effective upon posting of the revisions on the Service. Where a change is material, the Company will take reasonable steps to provide advance notice before the change becomes effective, unless earlier effectiveness is required to comply with applicable law, address a legal or regulatory issue, respond to safety, security, fraud, payment, or platform integrity concerns, or make a change that is beneficial to Users.
Your continued use of the Service after the effective date of any changes or modifications will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies, guidelines, rules, obligations, agreements or documents communicated through the Service or incorporated in the Terms to understand the terms and conditions that apply to your use of the Service. The Terms will always show the “last updated” date at the top. If you do not agree to any amended Terms, you must stop using the Service. If you have any questions about the Terms, please email us at support@parkstow.com.
22. Communications and User Submissions
(a) Communications. By creating a User Account, you agree to receive certain communications from the Company. For example, you may receive notifications, a newsletter and/or other promotional e-mails. You can opt-out of non-essential communications. Notices that we give you (other than notice of modification of these Terms, which is discussed in Section 21 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data or on your User Account. Second, we may post a notice to you on your User Account page. Third, we may post the notice elsewhere on the Service. When we post notices on the Service, we post them in the area(s) of the Service suitable to the notice. It is your responsibility to periodically review the Service and your User Account page for notices.
(b) Communication Channels. The Service may provide communication channels such as forums, communities, messaging tools, chat areas or other communication features (“Communication Channels”) designed to enable you to communicate with other Users. The Company is under no obligation to monitor these Communication Channels, but may do so and reserves the right to review materials posted or transmitted through the Communication Channels and to remove any materials that violate these Terms, applicable law, or the rights of any person, or that the Company reasonably determines may create safety, security, legal, regulatory, fraud, payment, platform integrity, or other concerns. The Company may also suspend, restrict or terminate your access to any Communication Channels where permitted under these Terms. You acknowledge that chats, postings, or materials posted or transmitted by Users through the Communication Channels are neither endorsed nor controlled by the Company, and these communications shall not be considered reviewed or approved by the Company. You will be solely responsible for your activities within the Communication Channels and under no circumstances will the Company be liable for any activity within the Communication Channels. You agree not to share sensitive personal information, payment information, access codes, security information, or other confidential information through the Communication Channels except where reasonably necessary for a booking and in accordance with these Terms. The Company is not responsible for information that you choose to share through the Communication Channels, or for the actions of other Users.
(c) User Submissions. Subject to the Privacy Policy and the other terms and conditions of these Terms, and in accordance with applicable laws, you acknowledge that the Company may use, reproduce, modify, disclose, transmit or post any communications, whether verbal or in writing, including data, information, ideas, inventions, concepts, techniques, know-how, evaluations, questions, comments, suggestions, feedback, or similar materials that you transmit to the Company while accessing or using the Service (“User Submissions”), for purposes related to operating, improving, developing, marketing, supporting, maintaining, or modifying the Service, without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We may review User Submissions for new ideas, improvements, features, products, services, or business opportunities. If you wish to preserve any interest you might have in your User Submissions, you should not share them with us, through the Service or otherwise.
23. Applicable Law and Venue
(a) Governing Law. The Service is controlled by the Company and operated by it from its offices in Ontario. You and the Company both benefit from establishing a predictable legal environment in regard to the Service. Therefore, you and the Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
(b) Dispute Resolution. 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 pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Service or Content; (c) oral or written statements relating to these Terms or to the Service; or (d) the relationships that result from these Terms or the Service or Content (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 the Company related to any Claim and, where applicable, you also agree to opt out of any class proceedings against the Company. 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 notice to arbitrate at your 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.
(c) Court. 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.
(d) Other Jurisdictions. If you choose to access the Service from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the Company and the other Released Parties for your failure to comply with any such laws.
24. Termination of these Terms
When these Terms or your User Account terminate for any reason, you must cease using the Service immediately. When your User Account is terminated, any User Content you have uploaded to the Service may remain on the Service to the extent permitted by these Terms and applicable law. The licence you grant to us in Section 9 survives termination to the extent necessary for the Company’s internal business, legal, compliance, recordkeeping, dispute resolution, fraud prevention, safety, security, or legitimate operational purposes. If these Terms expire or terminate for any reason, Sections 6, 7, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25, and any representation or warranty you make in these Terms, shall survive to the extent required to give effect to their meaning.
25. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Where a provision in the Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute. Our failure to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision. Nothing in these Terms limits, excludes, modifies, or waives any rights, remedies, warranties, guarantees, or protections that cannot be limited, excluded, modified, or waived under applicable law, including applicable consumer protection legislation. Unless otherwise specified, all references to amounts of money in these Terms refer to Canadian (CAD) currency. The Terms shall enure to the benefit of and are binding upon the parties and their respective successors and permitted assigns. The Company 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 the Company, and any such attempted assignment will be void and unenforceable. Violation of the Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of the Terms. These Terms constitute the entire agreement between you and the Company regarding your use of the Service, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the Company regarding your use of the Service. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
26. Questions and Comments
If you have any questions regarding these Terms or your use of the Service, please contact us here:
ParkStow Inc.
support@parkstow.com
