Termes et conditions

The present section contains the terms and conditions that govern the access and use of our website and mobile app. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE AND OUR MOBILE APPLICATION. OTHERWISE, YOU’RE BOUND RESPONSIBLE BY THIS PRESENT SECTION.

Glossary
Park refers to the company 9318-5767 Québec inc., also known as Park Space Platform and Sharing, having its registered office at B-190 Dorchester Street, Quebec, Quebec, Canada, G1K 5Y9;

Parking Area refers to the space that the Landlord offers for rent to the Tenant during a fixed period and subject of payment by the Tenant of a predetermined money sum, payable to the Landlord prior to the use of the space;

Landlord refers to an individual who is eighteen (18) years of age or older 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;

Tenant refers to an individual of eighteen (18) years of age and over who rents a Parking Area for personal, non-professional purposes for a sum of money that they agree to pay to the Landlord prior to using the Parking Area;

Client refers to both Landlords and Tenants who use our website or mobile application and who 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 Areas;

External Site Stripe refers to the transactional platform to which Park refers its Clients for payment of Parking Areas;


Who Are We?


Park is a company created to facilitate the search of parking areas for motorists in the Quebec City region. It allows individuals to connect whom own one or more Private Parking Areas that are available for rent and motorists wishing to park their vehicles in a specific area of the Québec City region. The Landlord can generate income from one or more of the Parking Areas he owns and the Tenant avoids wasting precious time looking for a place to leave their car.

Reservation Tool


Park offers its Clients a tool for reserving private parking areas. Initially, Landlords must publish the Parking Area(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 Area and the period during which it is available. Then, Tenants can search and reserve parking areas available depending on the region in which they want to park their car. It is up to the Tenants to pay the amounts determined by the Landlords for the rental of the Parking Areas.

Each Parking Area rental must first have been the subject of an agreement between the Landlord and the Tenant. It is essential for the Tenant to have made the reservation of the Parking Area and to have paid via the External Site Stripe, the sum agreed with the Landlord prior to occupation of the space.

Park takes no part in agreements that occur between Landlords and Tenants and is absolutely not liable for the obligations to be respected by Clients.

Becoming 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 Park may be forwarded to certain service providers in accordance with these terms and conditions and our Privacy Policy.

The Landlords must also provide information about the Parking Area they wish to rent to the Tenants, make photos available of the Parking Areas and proof of ownership of the spaces. Once the Parking Area information is provided, this Parking Area is displayed and Tenants can make an agreement to proceed with the rental.

It is understood that Clients agree to use Park's website and mobile application under their own identity, to provide accurate and complete information and to keep its information up to date. Park does not undertake in any way to verify the veracity of the information you provide. However, to the extent that Park finds that you have provided incorrect, incomplete or out-dated information, Park 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. In addition, Park reserves the right to take legal action in the event that, among other things, you contravene these terms and conditions or otherwise interfere with our Services, our image or reputation, or that of one of our Clients. You agree to fully indemnify the individuals that you may have harmed, including, but not limited to, lawyers' fees.
Information about the Parking Area, including, among other things, its location, availability and the sum for which it is offered is provided exclusively by the Landlords and does not bind Park in any way.

By becoming a Client, the Landlord undertakes to hold at all times the necessary authorizations to offer, for rent, its Parking Area(s). It is their responsibility to ensure that the space they lease is in a position to serve the purposes for which it was leased. During the winter season, the Landlord undertakes to ensure the snow removal of the Parking Area(s) they offer to rent. Conversely, the Tenant agrees to leave the Parking Area by leaving it in the condition it was at the beginning of the rental period. Park makes no warranty as to the condition, safety or legality of the leased Parking Areas.

Clients agree to use Park's website and mobile app for personal purposes only. In no event shall Park 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 do we interfere in the agreements between the Landlords and the Tenants.

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

Compliance with Agreed Schedules


It is essential that Clients respect the times agreed between themselves for the rental of the parking areas. Thus, the Landlord undertakes to ensure that the parking space they rent is available at the time scheduled for the beginning of the rental period. In return, the Tenant agrees to park their vehicle only within the period agreed with the Landlord. In the event that the Tenant fails to comply with the schedule established with the Landlord, the Tenant will be entitled to tow the vehicle at the Tenant's expense. Thus, the following sums will be taken from the Tenant's credit card without further notice or delay:

the amount required to complete the towing and storage of the vehicle;

the difference between the amount paid by the Tenant and the amount that should have been paid if the Tenant had leased the space for the period actually used;

a $15 sum representing the penalty for contravening the Landlord and Tenant Agreement.
Terms of payment

Each Parking Area is payable by credit card via the Stripe transaction platform. The amount payable for each hour of use of a Parking Area will be determined by the Landlord and displayed on the reservation tool. This amount may be subject to modification by the Landlord at any time, provided that it cannot affect an ongoing rental. By using our Services, Tenants agree to pay the price agreed with the Landlord in addition to the administration fee representing thirty percent (30%) of the price agreed with the Landlord 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 the Stripe transaction platform, 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 Park may access in connection with your transactions will be managed in accordance with our Privacy Policy.

It is up to the Landlord to create an account with Stripe in order to be able to receive the amount previously fixed with the Tenant. We do not accept liability for any payment issues. We do not conduct any research concerning the solvency of our Clients and we do not guarantee the fulfillment of the commitments that they may take.

Access to our website and application is currently free of charge. However, we reserve the right to require a contribution for your use of our Services. If this is the case, we will notify you in advance of the amount of this contribution and will offer you the option of deleting your Client Account.

Park Clients must understand that each transaction is final and no refund will be made.
Client Obligations


To become a Client, 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 our application and show 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. Park is entitled to require you to provide proof of your identity and it is your responsibility to comply with such a 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 Park, 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 Park, 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, Park will be entitled to suspend a Client Account upon 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, Park Park 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. Park 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, Park may change your password, terminate your Client Account, or ban you from its website and mobile app if you violate this section..

Obligations de Park


Park Obligations
We are committed to the following towards our 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


For Park, it is important 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. Park reserves the right to ask you to change your password without necessarily providing you with any justification.


For security reasons, Park may have access to the content that Clients share on its website and mobile app. Park 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.

Property


The present website and mobile app are the exclusive property of Park and are protected by Canadian and international laws. No part of Park's web site 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 Park 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.


External Links


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 Park and its Clients. Therefore, whether your app is installed on an Apple, Microsoft or other device, know that Apple, Microsoft, etc., are completely unconcerned. They assume no responsibility for our website or mobile app.

Functioning of Website and Mobile Application


Park 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. Park 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, Park 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 Park, for whatever reason, even if Park 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, Park may choose to modify these terms and conditions, the features offered on its website or its mobile application. The Clients are not Park 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, Park 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.

Payment services (Stripe Connected Account Agreement), “Stripe Services Agreement”.)

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