HotSpot Terms Of Service

Last Updated: Oct 26, 2016

HotSpot Parking Inc., sometimes doing business as HotSpot Merchant Solutions (“HotSpot”) operates a public website located at www.hotspotmerchantsolutions.com (the “Site”), an app, software, and web dashboard for accessing features and functions of Hotspot’s Bluetooth network, and an app and software that can be used for parking services (all sites, software, and applications collectively referred to as the “Services”). The Services will be described more fully in sections 2, 3, and 4 respectively.

By accessing or using the Services you agree to be bound by the terms laid out in this agreement (the “Terms of Service” or “TOS”). If you do not agree to this TOS please do not access or use the Services. By using the services you are indicating to HotSpot your intention to be bound by the TOS.

1.  General Conditions

The conditions in this section apply to all the Services. Additional terms and condition apply to use of specific services or apps and will be identified in their respective sections.

1.01  Modification of the TOS

This TOS is effective until modified by HotSpot. HotSpot may modify this TOS one or more times. The TOS will be effective when posted on the Site. When the TOS is modified HotSpot will make a reasonable effort to notify you but has no duty to do so.

After the modified TOS is posted on the Site your use or access of the Services is deemed to be your agreement to the modified TOS.

1.02  Availability

The availability of products and features may vary by location and therefore may not be available at the same or any time or the same price in different areas. We cannot promise where or when products or features will be available and any statement by HotSpot, its representatives, employees, or agents is not intended to be binding.

Please contact us for more information on whether and when products and features will be available in your area.

1.03  Acceptable Use

You may not use hotspot’s Services for any illegal or unauthorized purpose nor may you use the Services to violate any laws in your or any jurisdiction.

When using the Services you are responsible for your behaviour.

1.04  Limited Warranty

HotSpot warrants that it will provide the Services with reasonable care and skill and substantially in accordance with this TOS.

1.05  Disclaimers

There are no other warranties, terms, conditions, or promises (either express or implied) about the Services except those contained in this TOS.

You shall not hold and shall not allow anyone to hold HotSpot, its service providers, licensors, and suppliers (?HotSpot and Affiliates?) liable for any

  • direct,
  • indirect,
  • punitive,
  • incidental,
  • special,
  • consequential,
  • exemplary,
  • or any other types of damages (this list collectively referred to as “Damages”),

including Damages in tort, contract, negligence (except gross negligence), strict liability, or otherwise for cover or loss of use, data, revenue, or profits arising out of or in any way connected with the use or performance of the Services. This applies even HotSpot and Affiliates have been advised of the possibility of damages.

1.06  Exclusions

Some jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages so the limitations and disclaimers in Section 5 may not apply to you.

1.07  Severability

If any terms in this TOS are held to be unenforceable by a court of competent jurisdiction, such terms will be restricted or eliminated to the minimum extent necessary. The remaining terms will remain in force.

1.08  Indemnification

You will indemnify, defend, and hold harmless:

  • HotSpot,
  • its shareholders,
  • parent companies,
  • subsidiaries,
  • affiliated companies,
  • joint venturers,
  • business partners,
  • licensors,
  • employees,
  • agents, and
  • any third-party information providers

from and against all:

  • claims,
  • losses,
  • expenses,
  • damages,
  • settlements,
  • costs (including, direct, incidental, consequential, exemplary, and indirect damages), and
  • reasonable attorneys’ fees,

resulting from or arising out of your use, misuse, negligence, inability to use the Site or the Services, or any violation by you of this TOS.

Despite this indemnification, HotSpot retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

1.09  Notifications

HotSpot may need to send you notifications with respect to the Services, in which case an email will be sent to the address your provide with your account relating to the Services. Notices will be effective immediately once they are sent so please keep your email information up to date.

1.10  Product Changes

HotSpot Services or any part of them may be changed or discontinued at any time at hotspot’s discretion. Despite anything else in this TOS, in the case of a substantial or material change in all or part of the Services, HotSpot may offer you a pro-rata refund but is not required to do so.

HotSpot may offer a refund to one or more customers without offering it to all customers or waiving its rights under this section.

If a refund is offered, you will only be refunded for the portion of the Services that are changed and that you use and pay for.

1.11 Privacy

The information you provide to us through the Site or use of the Services is subject to hotspot’s [Privacy Policy, found here]. Your privacy is important to use, please take time to read [how we use and protect your information].

1.12  Information and Materials you Post or Provide

Some parts of the Site and Services allow you to post information including advertisements, blog comments, and other content (“User Content”). HotSpot does not screen, edit, or review any User Content before it is posted and does not endorse or support any User Content.

You shall only post User Content that you have a right or interest in.

You shall not post any User Content that infringes other?s intellectual property rights.

You shall not post any User Content that could be considered threatening, harassing, defamatory, offensive, obscene, or violate any applicable law or regulation.

1.13  HotSpot’s Intellectual Property

HotSpot Merchant Solutions, HotSpot Parking, HotSpot, the Site, the Services and related words and logos (the “Marks”) are Trademarks or Trade-names of HotSpot in Canada and other jurisdictions.

Except as provided in this TOS, you have no right to use the Marks or any other trademark or trade-name appearing on the Site or Services, whether registered or not.

1.14  Copyright Infringement Claims

If you believe the Site or Services infringes your intellectual property right in any way please contact us at support@hotspotmerchantsolutions.com.

We require some proof; with a statement that you are the intellectual property owner (or that you represent the owner) and that you believe your rights are being infringed.

We also require reasonable time to review your claim and possibly remedy the infringement.

1.15  Governing Law

This TOS is governed by and read in accordance with the laws of the Province of New Brunswick, Canada, and the laws of Canada that apply in New Brunswick (without regard to any conflicts of laws).

Furthermore, you shall bring any dispute or claim with HotSpot or relating to HotSpot Services in the courts of New Brunswick, Canada.

1.16  Entire Agreement

This TOS, along with the most recent Privacy Policy referenced in section 10, comprises the entire agreement between you and HotSpot with respect to the Services.

No waiver by HotSpot of any breach or default to this TOS will be intended as a waiver of future breach or default.

1.17  Termination by HotSpot

If you fail (or HotSpot suspects that you have failed) to comply with any of the provisions in this TOS HotSpot may:

  • terminate this TOS, your account, or both;
  • terminate any license provided to you by HotSpot; or,
  • preclude you from using any of the Services.

HotSpot may modify, suspend, or discontinue the Services (as a whole or in part) at any time and without notice. HotSpot will not be liable to you for any reason should it choose to exercise this right.

1.18  Termination by You

You may cancel your account at any time by emailing support@hotspotmerchantsolutions.com and then following the instructions provided to you in the response.

You may also cancel your account from within the HotSpot apps if such functionality is made available, but HotSpot is not required to make it available.

1.19  Effect of Termination

When your account is terminated for any reason:

  • you will cease to have access to your account, or the account of the service that was cancelled;
  • unless otherwise provided in this TOS, you will not be entitled to any refunds;
  • the balance you owe HotSpot up to and including the day of termination will become due immediately, in which case, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

2.  Website Conditions

HotSpot operates a public website at www.HotSpotMerchantSolutions.com that offers information and educational material and resources relating HotSpot, small businesses, and other topics.

2.01  Use of the Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Site Content”) solely for your own non-commercial, personal purposes, which includes learning about HotSpot products and services.

HotSpot makes a reasonable effort to ensure the Site is free of viruses and malware but does not guarantee that this is the case. You are responsible for the cost of any service, repair, or damage arising from your use of the Site.

2.02  Prohibited Use of the Site

You shall not:

  • copy, modify, create a derivative work from, or reverse engineer the Site (or allow anyone else to do so);
  • use or launch any automated system, including “robots,” “spiders,” or “offline readers,” that accesses the Site in a way that sends more request messages than a human can reasonably produce in the same period using a conventional web browser;
  • use the Site in a way that damages, disables, or impairs the use or enjoyment of the Site by anyone else;
  • mirror the site anywhere else;
  • attempt to gain unauthorized access to the Site or any HotSpot accounts you are not authorized to access;
  • use the Site or Site Content in any way that could violate HotSpot’s or anyone else’s intellectual property rights.

2.03  Accuracy of Information

HotSpot provides the Site Content for your convenience and enjoyment and tries to ensure all Site Content is as accurate as possible. That said, HotSpot does not guarantee the information is accurate, complete, or fit for any particular purpose.

Furthermore, none of the Site Content is intended to be legal, financial, or insurance advice ? please do not rely on it! Your use or reliance of Site Content is at your own risk.

2.04  Third Party Services, Websites, or Resources

Some Site Content may include material, resources, or links to or from third-parties (collectively “Outside Resources”). HotSpot provides Outside Resources as a convenience to you and might not examine or evaluate them. Therefore, these links do not imply an endorsement of the Outside Resources or an affiliation with their owners or operators. HotSpot has no control over the content of any linked site and the content is the sole responsibility of the owner or operator of the linked site.

3.  Bluetooth Platform Services

HotSpot provides a service to businesses (the ?Bluetooth Platform Services?) that includes:

  • Bluetooth beacons;
  • Internet software that connects with and controls the Bluetooth beacons; and
  • web and mobile applications (on one or more mobile operating systems) through which you can access and control some or all of the software features.

3.01  Registration

To use the Bluetooth Platform Services you must register an account with HotSpot. You are responsible for maintaining the confidentiality of your account information and for all activity on your account.

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Bluetooth Platform Services.

You acknowledge that HotSpot will use the email address you provide as the primary method for communication.

You shall provide accurate and complete information when you register and as you use the Bluetooth Platform Services (this includes updating your information to keep it accurate and complete).

You shall notify HotSpot immediately of any breach of your account.

3.02  Paying for Advertising Credits

You may purchase advertising credits for use with the Bluetooth Platform Services. If you choose to purchase advertising credits HotSpot will charge your credit card for the corresponding amount, plus a processing fee, and display the monetary value of the advertising credits in the advertising section of your account.

Displaying the monetary value of the advertising credits is a convenience. Advertising credits have no monetary value, are non-redeemable, and may only be used for advertising with the Bluetooth Platform Services.

3.03  Active Credit Card

Access to and use of the Bluetooth Platform Services requires that you have an active and valid credit card attached to your Bluetooth Network Services Account.

By linking an active credit card to your account you represent that you are the holder and are authorizing HotSpot to charge the credit card when bills become due.

3.04  Prices and Payment Terms

Prices offered or advertised may not include shipping, handling, or applicable taxes, in which case they will be added to the price you pay. The total price, related charges, and terms of the Bluetooth Platform Services will be set out in your purchase receipt.

3.05  Billing

Bluetooth Platform Services will be billed in 30 day intervals and are due immediately unless otherwise specified in the invoice. Invoices will be emailed to the address you provide to us in your account when the bill becomes due.

3.06  Modification to the Services and Prices

Prices for using the Bluetooth Platform Services are subject to change upon 30 days notice from HotSpot. Notice may be provided at any time by posting on the Site, or the billing menu in your web dashboard.

HotSpot will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Bluetooth Platform Service.

3.07  Delivery and Receipt of Beacons

As part of the Bluetooth Platform Services we ship you Bluetooth beacons. Once they leave our premises, the responsibility of delivery is transferred to the shipping handler. Once the beacons have been delivered to their destination, it is your responsibility to ensure all customs and other legislative requirements are satisfied before taking receipt.

We are not responsible for the customs arrangements in your jurisdiction and have no control over this process.

If you decide not the receive the beacons once they have been delivered, we will offer you a refund, but we reserve the right to use your funds (that are in our possession) or your credit card on file to cover any costs resulting from this failed delivery. This includes, return shipping costs, customs duties, and other handling fees arising from failed delivery. Any remaining funds will be credited back to the original paying account.

3.08  Refunds

HotSpot does not provide refunds for Bluetooth Platform Services

3.09  Returning beacons

If you are not satisfied with the Bluetooth Platform Services you may cancel your account pursuant to section 17: Termination. To complete cancellation of the Bluetooth Platform Services you must return all of the Bluetooth beacons provided to you in their original condition and accept the risk of loss or damage during shipping.

If you fail to return the beacons within 30 days of cancelling your account HotSpot may charge you the cost of replacing them (or beacons that are substantially similar).

4.  Parking Services

HotSpot provides software and an app (the “Parking Services”) that allows users to:

  • pay for parking in the HotSpot Parking app with parking tokens purchased from HotSpot (the “Parking App”; where available);
  • start and cancel parking sessions from the Parking App;
  • purchase parking tokens.

4.01  Registration

You must register an account with HotSpot to use the Parking Services. You are responsible for maintaining the confidentiality of your account information and for all activity on your account.

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Parking Services.

You acknowledge that HotSpot will use the email address you provide as the primary method for communication.

You shall provide accurate and complete information when you register and as you use the Bluetooth Platform Services (this includes updating your information to keep it accurate and complete). HotSpot is not liable for tickets resulting from your failure to provide accurate information, including losses or damages arising in connection with any unpaid parking tickets.

You shall notify HotSpot immediately of any breach of your account.

4.02  Paying for Parking Services

When you add money to your Parking Services account it is considered stored value (like a gift card). HotSpot will charge your credit card for the corresponding amount, plus a processing fee, and display the monetary value of the stored value in the Parking App.

Because we are storing value you may ask for a refund pursuant to section 4.07.

4.03  Active Credit Card

You may access the HotSpot Parking App without a credit card but to make use of the Parking Services requires that you have an active and valid credit card attached to your Parking Services account.

By linking an active credit card to your account you represent that you are the holder and are authorizing HotSpot to charge the credit card when bills become due.

4.04  Prices and Payment Terms

Prices offered or advertised may not include applicable fees and taxes, in which case they will be added to the price you pay. The total price, related charges, and terms of the Parking Services will be set out in your purchase receipt.

4.05  Billing

Charges for parking credits are due immediately unless otherwise specified.

4.06  Modification to the Services and Prices

Prices for using the Parking Services are subject to change with no notice from HotSpot. HotSpot is not responsible for parking prices or availability, which are entirely by the city in which they are located.

HotSpot will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Parking Services.

4.07  Refunds

HotSpot may offer a refund for Parking Services when you want to cancel your account at HotSpot’s discretion. Accordingly, we will provide you a refund for the remaining balance on your Parking Services account but you will not be able to use the Parking Services for 6 months following the refund.

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