Terms of Use

Last updated: 01/03/2021

ParkedAuto Terms of Use

Please read the following sections carefully. They contain important details regarding your rights when accessing our products.

These Terms of Use (the “Terms“) are a legally binding contract between you and OD Technologies Inc. (“OD Technologies,” “we,” “us” or “our“) regarding your use of the ParkedAuto website (www.parkedauto.com), mobile applications, networks, and other related features or services (collectively, the “Services“). Please read these Terms carefully before using the Services.

Your access to and use of the Services is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Services.

We may from time to time modify these Terms. If they are modified, we will post a copy of the amended Terms on our Services. If you do not agree to, or cannot comply with, the Terms as amended, you should not use the Services. You will be deemed to have accepted any amendments to these Terms if you continue to use the Services after any amendments are posted on the Services.

1. Authorized Users

You need an account to access the Services.  This is to protect you and to protect us.  There are rules about using accounts on the Services. Here are the details: 

The Services are intended for use by residents of Canada who are of the age of majority in their province or territory of residence.

When you create an account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username, password or other security information. You are responsible for safeguarding the password you use to access the Services and for any activities or actions under your password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to terminate or suspend access to an account, and/or disable any user name, password or other security information, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

2. Use of Content

We and other third parties own the information on the Services, and you can only use it in limited ways.  Here are the details:

The Services and all contents provided through the Services, including but not limited to text, images, graphics or code are protected by copyright, trademarks and other intellectual property rights. These Terms do not grant you a license to use any trademark of OD Technologies or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.

We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Services not specifically permitted under these Terms is strictly prohibited.

3. Purchases

All purchases through the Services are subject to certain rules. These rules are in place to protect you and to protect us. Here are the details:

If you wish to purchase any product or service made available through the Services (“Purchase“), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.

You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel any Purchase at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

4. Security

We take reasonable steps to make sure the Services are secure, but cannot guarantee it. Here are the details:

We make commercially reasonable efforts to keep the Services secure and to protect the data you transmit to use through the Services. However, information sent or received over the Internet is inherently vulnerable. We cannot and do not make any representation nor warranty concerning security of any communication or any information sent to, from or through the Services. We will not be liable for any loss or damage you suffer as a result of the interception of, or unauthorized access to or use of, data transmitted via the Services.

5. Links to Other Websites

We are not responsible for what others do.  Here’s the official explanation:

The Services may contain links to third-party websites or services that are not owned or controlled by us. The Services may, for instance, include links to the websites of advertisers. We are not responsible for third-party sites or their contents. Your use of such third-party websites is subject to the terms of use and the privacy policies of such websites.

6. Prohibited Acts

You are barred from doing certain things when using the Services. Here’s some more detail on these prohibitions:

You agree not to: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping”, “database scraping” or any other activity with the purpose of obtaining list of users or other information, or send chain letters or pyramid schemes via the Services; (c) attempt to gain unauthorized access to other computer systems through the Services; (d) transmit any viruses or any other disabling mechanisms; (e) use the Services for any illegal purpose in violation of any applicable laws; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of the Services or obtain or bypass others’ passwords. You agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services.

7. Disclaimers

We try to make sure the information accessible through the Services is accurate and complete, but we don’t guarantee it.  Your use of the Services is at your own risk. Here’s the official explanation:

We cannot and do not guarantee the accuracy or completeness of any information available through the Services, including prices, product images, reviews, specifications and availability. Despite our best efforts, the products or services available through the Services may have an error regarding the price, be inaccurately described or be unavailable. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

We further cannot and do not guarantee or warrant the merchantability, suitability or effectiveness of repair or maintenance work that is completed or facilitated through the Services.

The Services (including but not limited to all its content) are provided to you on an “AS IS” and “AS AVAILABLE” basis. Any use of the Services is at your own risk. To the maximum extent permitted by applicable laws, we disclaim all warranties and conditions, either legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, including but not limited to warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title and non-infringement of third party rights. We make no representation or guarantee, and provide no warranties or conditions, that the Services will be free from loss, error, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto.

We make no guarantees, representations, or warranties, and provide no conditions, that use or result of the use of the Services (including but not limited to all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, we may modify, suspend or discontinue any aspect or feature of the Services or your use of the Services. If we elect to modify, suspend or discontinue the Services, we will not be liable to you or any third party.

8. Limitation of Liability

We are not liable if you experience any issues with respect to the Services.  Here are the details:

To the extent permitted by applicable laws, in no event shall we or any of our directors, employees, partners, agents, suppliers, or affiliates be liable to you for any indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation damages for loss of profits, business interruption, corruption of files, loss of use, loss of business information or any other pecuniary loss) incurred by you with respect to the Services even if we have been advised of the possibility of such damages.

9. Indemnification

You are responsible for what you do.  Here’s the official explanation:

You agree to defend, indemnify, and hold harmless OD Technologies, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms.

10. Governing Law

We don’t plan on having any disputes about this.  But if we do, here is how it will work:

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the Site will be in the courts of the province of Alberta unless required otherwise by applicable laws of your province of residence.

11. Miscellaneous

Here is some general information about some of the terms that will govern your use of the Services:

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding the Services.

No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing.  The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy.

The section headings are for convenience only and will not be used to interpret these Terms.

It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.

12. Contact Information

Please do not hesitate to contact us if you have any questions about these Terms.

All questions, feedback, comments, requests for technical support and other communications regarding our products or the Services should be directed to customerservice@parkedauto.com.