TOS Mobile

 

Last Updated: July 8th, 2019

This website (the “Site”) is owned, operated and provided by HotSpot Parking Inc., sometimes doing business as HotSpot, in conjunction with and on behalf of our subsidiaries, affiliates, related corporations and business names (collectively “HotSpot”).

By using or visiting the Site, or by using any HotSpot product, network, software, application, web, mobile platform or the HotSpot Mobile App (as defined below) (collectively, the “Services”, or each a “Service”, as further defined in Section 11(A), below) you signify your agreement to these terms of service (the “Terms of Service“) and you agree that such consent has the same legal effect as a physical signature and/or written consent.

In these Terms of Service “you” and “your” refer to any person or entity who downloads, views, uses, accesses, or browses any content or material from the Site or the Services. “We”, “us” and “our” refer to HotSpot.

If you do not agree to these Terms of Service, then please do not use the Site or the Services. We reserve the right to modify these Terms of Service at any time without prior notice. You agree that each time you access the Site or the Services, you shall be subject to the then-current Terms of Service, and continued use of the Site or the Services now or following modifications in these Terms of Service confirms that you have read, accepted, and agreed to be bound by such modifications.

1. Acceptance of Terms of Service

A. By using, visiting, accessing or downloading the Site or the Services, you agree these Terms of Service are a binding legal agreement between you and us, without limitation or qualification.

B. If you are under the age of majority to form a binding contract under applicable law, you must read these Terms of Service with a parent or legal guardian. We will assume by your using, visiting, accessing or downloading of the Site or the Services that your parent or legal guardian agrees to be bound by these Terms of Service which constitutes a binding legal agreement between such person and us.

C. If you violate any of the terms and conditions set out in these Terms of Service we will immediately and automatically terminate your authorization to use the Site and the Services. You must then (i) immediately cease use of the Site and the Services; and (ii) remove and delete any and all materials, content, products, software and applications downloaded or otherwise obtained from or in connection with the Site and the Services. We may in our sole discretion, delete your information and block your HotSpot Account (as defined below).

2. Services Availability

A. The availability and price of the Services may vary by location and/or by promotion. Please contact us for more information about the Services available in your area. Any statement by HotSpot, or our representatives, employees or agents with respect to the future availability of Services in your area is not intended to be binding.

3. Modifications to Services and Prices

A. We reserve the right to modify the Site and the Services (or any part thereof), including but not limited to the Site and Services’ features, look and feel, and functional elements without notice, including without limitation, through bug fixes, patches and version updates which add, modify and/or remove features of the Site and/or the Services (collectively, “Updates”). You agree that we may install all such Updates as required in our sole discretion and without notice to you.

B. HotSpot offers a variety of payment options for users including monthly and yearly subscriptions to access the HotSpot Mobile App. The price for the monthly payment plan is $2.00 per month and the annual fees are $20.00 per year. Additionally, if you are a member of the Canadian Automobile Association (“CAA”) and you consent to CAA providing HotSpot your membership details (for example, that your membership is in good standing), you become eligible for our discounted CAA annual membership fee of $18.00 per year. HotSpot also offers pay-per-use fees (“Pay-Per-Use”), whereby a transaction fee will be charged to you each time that you use any of the Services. These Pay-Per-Use transaction fees will vary based upon your location and the Services.

C. We reserve the right to modify the price of any of the Services for any reason, including, but not limited to changing market conditions, product
discontinuation, product unavailability, manufacturer price changes, supplier price changes and errors in advertisements without notice to you.

D. HotSpot will not be liable for any loss or damage for any modification of or price change to the Services (or any part thereof), under any circumstances.

4. Discontinuation of Services

A. We reserve the right to discontinue – temporarily or permanently – the Site and the Services (or any part thereof, including but not limited to by location) without notice or refund to you. You acknowledge that we may prevent your access to the Site and/or the Services at any time in our sole discretion. In no circumstances will HotSpot be liable for any loss or damage for any suspension or discontinuance of the Site or the Services (or any part thereof).

5. Trademarks, Copyrights and Restrictions

A. The Site, the Services and their contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video
material, compilations of material, and the user interface (the “Content”) are the property and copyrighted material of HotSpot, its licensors or vendors.
“Content” also includes any material from the Site or the Services that HotSpot delivers to you through e-mail. You may display the Content and otherwise use the Site and the Services solely for your personal, non-commercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any content except as expressly permitted by these Terms of Service. Modification of the materials or use of the materials for any other purpose is a violation of copyrights and other proprietary rights. For purposes of this Terms of Service, the use of any such material on any other Web site or networked computer environment is prohibited.

B. HotSpot, HotSpot Parking, HotSpot Taxi, HotSpot Transit and all other HotSpot logos, product names and trade names are trademarks or registered
trademarks of HotSpot (“Trademarks“). All Trademarks used on the Site or the Services are the property of their respective owners. HotSpot Trademarks may be used only with the express permission of HotSpot.

C. If you download any software from the Site or the Services, including but not limited to applications, shareware, freeware, commercial demonstrations and files downloaded from servers linked to but not affiliated with the Site (“Software”), you agree that you will not (and will not permit any third party to) remove or obscure any copyright, trademark or other proprietary notices or legends or any end user terms and conditions from any copy of such Software.

6. Intellectual Property Infringement Claims

A. It is HotSpot’s policy to respond promptly to claims of intellectual property infringement, but we will require reasonable time to review any such claim and evaluate our possible response. If you believe the Site or the Services infringe your intellectual property rights please contact us at support@htsp.ca. We will require documentary evidence showing that you are the intellectual property owner, or representative of the owner, before we will review your claim.

B. HotSpot does not permit copyright infringing activities and infringement of intellectual property rights on the Site or the Services, and HotSpot will remove content if properly notified that such content infringes on a third party’s intellectual property rights. We reserve the right to remove content from the Site and the Services without prior notice.

7. Accuracy of Information

A. HotSpot makes all reasonable efforts to ensure that the content posted to the Site and the Services is complete and current. However, we do not guarantee the quality, accuracy, completeness or timeliness of any such content. We assume no obligation to update the content of the Site or the Services and do not represent or warrant that the Site or the Services will be free of errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to promotions, pricing, product or service description, shipping charges, transit times, taxi times or product or service availability. We reserve the right to correct any error, inaccuracy or omission or to change or update the content of the Site and the Services without notice to you.

B. The Site and the Services are not intended to provide any legal, financial, insurance or other advice. Your use of or reliance on any information contained on the Site is at your own risk.

8. Links to Third Party Sites

A. The Site may contain links to other non-HotSpot websites (the “Third Party Sites”). We provide you with access to the Third Party Sites for your convenience only. HotSpot is not responsible for the content, accuracy, or opinions expressed on any Third Party Sites, and we do not check the Third Party Sites for accuracy or completeness. A link from the site to a Third Party Site does not imply any approval or endorsement of the Third Party Site by us. If you decide to leave the Site and access a Third Party Site, you do so at your own risk.

9. Your Use of the Site and the Services

A. By using, visiting, accessing or downloading the Site or the Services, you agree to use the Site and the Services only as they are intended and as authorized by the Terms of Service. All other uses of the Site and the Services are prohibited. Without limiting the generality of the foregoing, you agree that:

I. you will not use the Site or the Services in a way that damages, disables or impairs the use or enjoyment of the Site or the Services by anyone else;

II. you will not publish, distribute, prepare derivative works, copy, reverse engineer, the Site or the Services;

III. you will not use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site or the Services;

IV. you will not redeliver any of the content of the Site or the Services using “framing”, hyperlinks, or other technology without express written permission;

V. you will not mirror the Site or the Services anywhere else;

VI. you will not use any device or technology to provide repeated automated attempts to access the Site or the Services; and

VII. you will not attempt to gain unauthorized access to the Site or any HotSpot Account you are not authorized to access.

B. HotSpot reserves the right to suspend or prohibit any person from using the Site or the Services at any time without notice for breach of the Terms of Service or for any other reason.

10. HotSpot Mobile App

A. HotSpot provides you with the ability to download our software and a mobile application (“HotSpot Mobile App”), which allow access to our Services. The HotSpot Mobile App is a Service governed by these Terms of Service. The HotSpot Mobile App and Services contain material that we produce in order to make our mobility Services available in your city easy to use. This material includes, but is not limited to software, text, graphics and images. However, as we may not produce some of the primary information you see on the HotSpot Mobile App, which is provided to us by third parties such as transit agencies, taxi service providers and other mobility operators. Therefore, in accordance with Section 7(A), we do not guarantee the accuracy, completeness or timelines of any such content.

11. HotSpot Services

A. On the HotSpot Mobile App and subject to the availability in your location, you have the ability to access Services such as to: pay for parking sessions and start and cancel parking sessions (the “HotSpot Parking Services”); pay for transit fares and plan and track transit routes (the B. “HotSpot Transit Services”); and hail and pay for taxi services (“HotSpot Taxi Services”, and collectively with the HotSpot Parking Services and HotSpot Transit Services, the “Services“).

B. HotSpot Taxi Services

1. HotSpot is not a taxi company service provider. HotSpot only provides the software application that allows users to connect with providers (being any private hire, taxi or other supplier of taxi services, including individuals and companies) (“Provider(s)”), to arrange for bookings and payments for any such taxi services. As such, HotSpot accepts no responsibility for the actions or inactions of the Providers that provide HotSpot Taxi Services, including whether a Provider picks you up and provides the HotSpot Taxi Services.

2. A booking is made on HotSpot Taxi Services, and once submitted, one or more Providers will be notified of an available customer. HotSpot does not guarantee that a Provider will accept any booking requests. If a booking request is accepted by a Provider, you will receive a confirmation via the HotSpot Mobile App containing the details of the Provider, including their company name and phone number.

3. The quoted price displayed on HotSpot Parking Services prior to confirmation is an estimate, and may be subject to change. Once the HotSpot Taxi Services are confirmed, the price is set, and Parking Tokens will be removed from your account upon the completion of your trip. You are solely responsible for any changes to your trip after confirmation, and will be responsible for making any required additional payments directly to your Provider. You may only use Parking Tokens for the payment of HotSpot Parking Services.

4. You agree to be bound by the conditions of the fare included in the fare details so long as the trip details are not in violation of these Terms of Service. If you require amendments for a confirmed booking, you will be charged a $2.00 booking fee which will be removed from your Parking Tokens.

C. HotSpot Parking Services

1. You activate the parking by using the HotSpot Parking Services in the HotSpot Mobile App. You may be responsible for correctly entering the relevant parking location ID number, which is indicated on the sign in the parking facility in which your vehicle is parked. The parking location ID informs us of the location where your vehicle is parked and links us to the parking rates and time restrictions, if any, which are in effect at that location. These rates allow us to charge you for your parking and apply any time restrictions on the amount of time you are permitted to park your vehicle in that location. As one of our Services, HotSpot facilitates HotSpot Merchant Parking Validation Services. If your location services are enabled, with your consent, HotSpot can track how long you are parked outside a business. We can provide this information to the business, and the merchant may then transfer Parking Tokens to your HotSpot Mobile App, allowing you to use these Parking Tokens to pay for parking.

2. Note that use of the HotSpot Parking Services does not guarantee you a parking space and you may only activate the HotSpot Parking Services after you have found an available space. In the event that the parking rates posted on the HotSpot Parking Services do not match the rates charged by facilities parking equipment, the rate charged at the facility by the equipment will be deemed correct. The HotSpot Mobile App provides users access to parking Services.

3. All notices and signs or directions made by relevant government authorities, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from the HotSpot Parking Services if for any reason the information is inconsistent. All applicable parking regulations apply to you and your use of the HotSpot Parking Services does not exempt you from following such rules. Parking rates may be subject to change and it is your responsibility to ensure that you are paying at the then current parking rate. You agree to pay all fees for HotSpot Parking Services provided to you pursuant to these Terms of Service. HotSpot Parking Services shall process the parking fee from the funds available in your Parking Tokens (as defined below). You must have sufficient Parking Tokens or suspension of HotSpot Parking Services may occur.

4. You know that HotSpot has validly accepted your parking transaction when you have received confirmation. You are responsible for ensuring that you have properly activated the HotSpot Parking Services for the relevant parking Location ID before you leave your vehicle unattended. You are responsible for any fine, ticket, or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or Internet that the vehicle is validly parked.

5. In the event that the HotSpot Parking Services is unavailable, you must pay the appropriate parking fee that is due by paying at a payment device located on the site, or where an on-site payment device is not available you will not be permitted to park at the location.

6. HotSpot is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking-related offenses you incur or receive
regardless of whether or not you receive any notification via the HotSpot Parking Services that the vehicle is validly parked. You are solely responsible for
resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being
impounded.

D. HotSpot Transit Services

1. We are an information organizer and aggregator. The information provided on HotSpot Transit Services includes the locations of public transit, and the map itself. While third parties are the primary provider of predictions regarding arrival and departure times, we may develop additional information based on the above-referenced location or availability of services, for example by modifying expected arrival times. Such times are only estimates. The actual timings are based on a number of factors including traffic, boarding, detours, which are beyond our control. Both Transit and the primary information providers work to ensure that the information is correct and up-to-date. However, in accordance with Section 7(A), we cannot verify all of this information. This means that if the information provided to us by third parties is inaccurate or incomplete, your ability to effectively use the HotSpot Transit Services may be compromised through no fault of HotSpot, and in those cases any legal responsibility for any problems or damages which might occur lies with the third-party information provider rather than (and to the exclusion of) HotSpot itself.

2. Every time you ride transit provided by any transit agency you pay at the transit vehicle door or at a transit station. HotSpot Transit Services calculates and deducts the correct fare from your Transit Tokens or recognizes your individual HotSpot Transit Services balance. When you use the HotSpot Transit Services at any transit agency location, you authorize HotSpot to debit your Transit Tokens for the specific charges incurred per uses.

12. HotSpot Account Registration and Credit Card

A. To use the HotSpot Mobile App you must first register an account with HotSpot (a “HotSpot Account”) by providing a name, phone number, a valid email address, and any other information indicated as required. HotSpot may reject your application for a HotSpot Account, or cancel an existing HotSpot Account for any reason.

B. You agree that HotSpot will use the email address you provide to us when you open your HotSpot Account as our primary means of communicating with you.

C. In order to register a HotSpot Account you must link a valid and authentic credit card to the HotSpot Account through Stripe Payments Canada, Ltd. (“Stripe”), a third party software platform used to accept payments in connection with web and mobile applications (“Payment Processing Services”). By linking a credit card to the HotSpot Account, you acknowledge that HotSpot does not serve as a payment processor and you authorize Stripe to process all payments. You represent that you are the credit card holder and you authorize Stripe to charge your credit card for any amounts due and outstanding for purchases made on your HotSpot Account. You acknowledge and agree that in providing its Payment Processing Services, Stripe may transfer, process, disclose and store customer and payment data outside of Canada. You agree to Stripe’s terms and conditions, including their privacy policy, as may be amended from time to time.

D. You agree to maintain the confidentiality of your HotSpot Account information and acknowledge that you are responsible for all activity on your HotSpot Account. You agree to notify us immediately if there is any breach or unauthorized use of your HotSpot Account. HotSpot will not be liable for any loss or damage from your failure to maintain the confidentiality of your HotSpot Account information, under any circumstances.

13. Purchase of HotSpot Tokens

A. You may deposit funds via Stripe, in accordance with Section 12(C), which may be used to purchase parking tokens (“Parking Tokens”), transit fares (“Transit Tokens”), or taxi tokens (“Taxi Tokens” and collectively with Parking Tokens and Transit Tokens, “Tokens”) for use with the HotSpot Mobile App and subject to these Terms of Service.

B. When you purchase Tokens, the credit card linked to your HotSpot Account will be charged the purchase price for the Tokens. The purchase price will be displayed in the “Parking”, “Transit” or “Taxi” section of your HotSpot Account, depending on the type of Tokens that you purchase. Charges for Tokens are due immediately unless otherwise specified.

C. Tokens are considered stored value. They are non-refundable and non-redeemable for cash and may only be used to pay for parking sessions, transit fares or tax services using the HotSpot Mobile App. No interest or other earnings or returns will be paid in relation to the Tokens. At any time, you can review the current balance of Tokens on the HotSpot Mobile App.

D. When you purchase a parking session, pay transit fare, or use taxi services using your Tokens, you authorize us to reduce your Tokens by the amount required to pay for the Services and any applicable taxes or other charges (the “Transaction”). The total amount of the Transaction will be set out in your purchase receipt in your HotSpot Mobile App. If, due to a system malfunction or any other reason, a Transaction occurs despite insufficient balance of Tokens in your HotSpot Account, creating a negative balance, you agree to reimburse us on request for the amount of the negative balance. You agree that we may suspend your HotSpot Account without notice if we do not receive payment from you of any negative balance.

14. Termination of your HotSpot Account

A. You may cancel your HotSpot Account by emailing us at support@htsp.ca and then following the instructions provided.

B. We may cancel your HotSpot Account in our sole discretion, at any time and for any reason.

15. Refunds

A. HotSpot makes every attempt to deliver the highest quality service to our customers. If you are dissatisfied with any of our Services, please contact us at
support@htsp.ca. HotSpot is under no obligation to provide you a refund for the Services or any part thereof but may do so at our sole discretion.

16. Privacy

A. The information you provide to us through the Site and the Services is subject to HotSpot’s Privacy Policy (the “Privacy Policy”) which is incorporated into these Terms of Service. Please take the time to read about how we use and protect your personal information.

17. Disclaimers

A. Your use of the Site and the Services is at your own risk. HotSpot does not guarantee, represent or warrant that your use of the Site or the Services will be uninterrupted, timely, secure or error-free, or that no computer viruses, or any other malicious programs, software or malware will be transmitted, or that no damage will occur to your computer or other property. You have sole responsibility for adequate protection, backup and repair of your data and/or your computer equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

B. Neither HotSpot nor any other party involved in creating, producing or delivering the Site or the Services shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the use or performance of the Services or your access to, or use of, or browsing the Site, or uploading content to the Site, or downloading of any applications, materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, the Services and everything on the Site are provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

C. HotSpot does not own, control, or operate any parking facilities and therefore does not warrant anything with respect to such facilities. HotSpot is not responsible for parking prices, transit fares, taxi services or the availability of these services, which will vary depending on your jurisdiction. Prices are at the sole discretion of the applicable service provider.

D. If you receive a parking ticket which you believe to be invalid while using the HotSpot Parking Services, you can use the “resolve parking ticket” function to take a photograph of the parking ticket/ provide a comment through the HotSpot Mobile App and send to support@htsp.ca for evaluation of the invalidity of the ticket. HotSpot, in its sole discretion, may assess the reasonableness of your request and may, upon its assessment, forward any parking tickets it believes are invalid to the applicable city or municipality contact for consideration.

18. Limitation of Liability

A. IN NO EVENT SHALL HOTSPOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE, PERFORMANCE, OR INABILITY TO USE THE SITE OR THE SERVICES, YOUR USE OF ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE (INCLUDING NEGLIGENCE ON THE PART OF HOTSPOT, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

19. Indemnity

A. You agree to indemnify and hold harmless HotSpot, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, losses, and expenses arising from your violation of these Terms of Service or of any third party right including, without limitation, any copyright, property, or privacy right.

20. General

A. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Site and the Services, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

B. If any provision of these Terms of Service is declared invalid or unenforceable, such finding will not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision will be deemed to be severed to the extent such severance is permitted under applicable law.

C. These Terms of Service shall be governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. All disputes, controversies or claims arising out of or in connection with the Site or the Services shall be submitted to and be subject to the jurisdiction of the courts of the Province of New Brunswick. You submit and attorn to the exclusive jurisdiction of the courts of the Province of New Brunswick to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site or the Services.

D. We may assign or license any and all of our rights and obligations under these Terms of Service to any person as we may, in our sole discretion, deem appropriate. You may not assign your rights or obligations under these Terms of Service.