HotSpot Terms Of Service

Last Updated: August 8, 2018

This website (the “Site”) is owned, operated and provided by HotSpot Parking Inc., sometimes doing business as HotSpot Merchant Solutions Inc., 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 or Bluetooth based platform (collectively, the “Services”, or each a “Service”) 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

  1. By using, visiting, accessing or downloading the Site or the Services, you agree to these Terms of Service as a binding legal agreement between you and us, without limitation or qualification.
  2. If you are under the age of 19, 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 constitute a binding legal agreement between such person and us.
  3. 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.

2. Services Availability

  1. 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

  1. 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. 
  2. 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. 
  3. In no circumstances will HotSpot be liable for any loss or damage for any modification of or price change to the Services (or any part thereof)

4. Discontinuation of Services

  1. 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

  1. 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 and 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.
  2. HotSpot, HotSpot Parking and all other HotSpot logos, product names and trade names are trademarks or registered trademarks of HotSpot. 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.
  3. 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

  1. 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 some proof that you are the intellectual property owner, or representative of the owner before we can review your claim. 
  2. 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 another’s intellectual property rights. We reserve the right to remove content from the Site and the Services without prior notice.

7. Accuracy of Information

  1. 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 and 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. 
  2. 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

  1. The Site may contain links to other non-HotSpot websites (the “Third Party Sites”).  We are providing you with access to the Third Party Sites for your convenience only.  HotSpot is not responsible for the content, accuracy, or opinions expressed on the Third Party Sites, and we do not check the Third Party Sites for accuracy or completeness.  A link from the Website 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

  1. 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:
    1. 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;
    2. you will not publish, distribute, prepare derivative works, copy, reverse engineer, the Site or the Services;
    3. 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;
    4. you will not redeliver any of the content of the Site or the Services using “framing”, hyperlinks, or other technology without express written permission;
    5. you will not mirror the Site or the Services anywhere else;
    6. you will not use any device or technology to provide repeated automated attempts to access the Site or the Services; and
    7. you will not attempt to gain unauthorized access to the Site or any HotSpot Account you are not authorized to access.
  2. 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 Merchant Parking Validation Services

  1. As one of the Services, HotSpot can provide your business with Bluetooth beacons, internet software that syncs with the web or mobile applications for the purpose of providing parking validation services on behalf of any merchant. (the “HotSpot Merchant Parking Validation Services”).
  2. The beacons are only used if you have location services enabled and Bluetooth enabled on your phone. This allows HotSpot to deliver parking validation based on how long you are in a business at your consent.
  3. The HotSpot Merchant Parking Validation Services are a Service governed by these Terms of Service.

11. HotSpot Mobile App

  1. As one of the Services (where available), HotSpot can provide you with software and a mobile application that allow you to pay for parking sessions and start and cancel parking sessions (the “HotSpot Parking Services”) and/or allows you to pay for transit fares and plan and track transit routes (the “HotSpot Transit Services” and collectively, the “HotSpot Mobile App”).
  2. The HotSpot Mobile App is a Service governed by these Terms of Service.

12. HotSpot Account Registration and Credit Card

  1. To use the HotSpot Merchant Parking Validation Services or 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. 
  2. You must be at least 18 years of age, or the age of majority in your jurisdiction in which you reside in order to register a HotSpot Account.
  3. 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.
  4. 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.
  5. 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.  In no circumstances will HotSpot be liable for any loss or damage from your failure to maintain the confidentiality of your HotSpot Account information.

13. Purchase of Parking Tokens

  1. You may deposit funds via Stripe, in accordance with Section 12.4, which may be used to purchase parking tokens (“Parking Tokens”) or cover transit fares (“Transit Tokens”, collectively, “Tokens”) for use with the HotSpot Mobile App subject to these Terms of Service. 
  2. 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” section or the “Transit” section of your HotSpot Account, depending on whether you purchase Parking Tokens or Transit Tokens.  Charges for Tokens are due immediately unless otherwise specified. 
  3. Tokens are considered stored value. They are non-refundable and non-redeemable for cash and may only be used to pay for parking sessions or transit fares using the HotSpot Mobile App.  No interest or other earnings or returns will be paid in relation to the Tokens.
  4. When you purchase a parking session or pay for a transit fair using your Tokens, you authorize us to reduce your Tokens by the amount required to pay for the parking session or transit fares 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. 
  5. You can review the current balance of Tokens on the HotSpot Mobile App. 

14. Termination of your HotSpot Account

  1. You may cancel your HotSpot Account by emailing us at support@htsp.ca and then following the instructions provided.
  2. We may cancel your HotSpot Account in our sole discretion, at any time and for any reason. 

15. Refunds

  1. 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 discretion. 

16. Privacy

  1. The information you provide to us through the Site and the Services is subject to HotSpot’s 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

  1. 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. 
  2. 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.
  3. 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 or the availability of these services, which will vary depending on your jurisdiction. Prices are at the sole discretion of the applicable Municipality.
  4. 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 contact for consideration.

18. Limitation of Liability

  1. 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

  1. 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

  1. 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 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).
  2. 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.
  3. 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.
  4. 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.
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