Terms of Use

 

Welcome to www.parknfly.ca, operated by Park’N Fly.

These Terms of Use apply to all visitors to and users of Parknfly.ca, whether or not you have registered or subscribed for any of the products or services offered on Parknfly.ca (“Services”), including any mobile version, or have contributed any Submissions or User Content. By accessing or using Parknfly.ca, you specify that you have read, understand and agree to these Terms of Use. You also agree to the Terms of Use if you post parknfly.ca links on your site.

Park’N Fly reserves the right, without prior notice, to modify, supplement, or delete parts, or the entirety, of these Terms of Use. Your continued use of Parknfly.ca after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use Parknfly.ca.

All content on Parknfly.ca, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Site Content”) are the property of Park’N Fly, and/or other entities under our direction or from whom we have obtained an appropriate license, with all rights reserved. Except as provided in these terms and conditions, no Parknfly.ca content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You recognise that the contents of www.parknfly.ca and in particular text, pictorial, video and sound material of all kinds, are protected under the laws on copyright, patent, trademark, branding, design, company, industrial property and/or other legal protection. Your use of Parknfly.ca does not grant or transfer to you any ownership or other rights in Parknfly.ca content. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Park’N Fly.

You are granted a limited non-exclusive and revocable license to access and use Parknfly.ca and the Parknfly.ca Content, as permitted by the Parknfly.ca functionality, and solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Parknfly.ca Content on any Internet, Intranet or Extranet parknfly.ca or incorporate the information in any other database or compilation, and any other use of the Parknfly.ca Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Parknfly.ca or the Parknfly.ca Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Information
In consideration of your use of Parknfly.ca, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms; (b) maintain the security of your password and identification; (c) update the Registration Data for accuracy; and (d) be fully responsible for all use of and actions with your account.

Non-Commercial Use
You may use Parknfly.ca for personal, non-commercial use only. As a condition of your use of Parknfly.ca, you agree that you will not (and will not authorize anyone else to) sell or modify any Parknfly.ca Content or User Content or reproduce, display, distribute, or otherwise use any Parknfly.ca Content or User Content in any way for any commercial purpose without our prior written permission. You agree that no materials of any kind submitted or shared by you on or through Parknfly.ca or the Service will violate or infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree to cooperate in causing any unauthorized use of Parknfly.ca immediately to cease. In addition, you may not use Parknfly.ca in any manner which could disable, overburden, damage, or impair Parknfly.ca or the Services, or interfere with any other party’s use and enjoyment of Parknfly.ca or the Services.

In addition, and without limitation, you agree not to use the Service or Parknfly.ca to:

NOT USER GENERATED We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to Parknfly.ca’s home page from any site you own or control that is not commercially competitive with Parknfly.ca and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such parknfly.ca links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission, all as determined by us in our sole and absolute discretion. Such a link is not an endorsement of such other parknfly.ca(s) by us. All of our rights and remedies are expressly reserved.

Parknfly.ca contains links (or you may be sent through Parknfly.ca or the Service) to other web sites (“Third Party sites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content“). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party sites accessed through Parknfly.ca or any Third Party Content posted on, available through or installed from Parknfly.ca, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party sites or installation of any Third Party site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Parknfly.ca and access the Third Party sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Parknfly.ca or relating to any applications you use or install from the site.

Parknfly.ca and/or the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of Parknfly.ca or the Service, any User Content or Third Content posted on or through Parknfly.ca or the Service or transmitted to Users, or any interactions between users of the Parknfly.ca, whether online or offline.

PARKNFLY.CA, THE SERVICE AND ALL PARKNFLY.CA CONTENT AND USER CONTENT ARE PROVIDED “AS-IS”. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, PARK’N FLY.CA DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PARKNFLY.CA AND/OR THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE PARKNFLY.CA OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE PARKNFLY.CA OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON PARKNFLY.CA ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON PARKNFLY.CA IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

We reserve the right, at our sole discretion, to limit or terminate access to Parknfly.ca, and or the Services, or any portion thereof, to delete your profile and any content or information that you have posted on Parknfly.ca and/or prohibit you from using or accessing the Service or Parknfly.ca (or any portion, aspect or feature of the Service or the Parknfly.ca) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to Parknfly.ca and/or terminate the registration, subscription or membership of any User who violates these Terms of Use or infringes any intellectual property rights of others.

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. The User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW AND EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON PARKNFLY.CA IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE PARKNFLY.CA AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF PARKNFLY.CA AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth herein then the parties acknowledge that damages is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through Parknfly.ca may be arbitrated. Any arbitration shall be conducted in Toronto, in English, by a single arbitrator in accordance with the Arbitration Act (Ontario).

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Parknfly.ca and/or the Service (including your visit to or use of the Parknfly.ca and/or the Service) be instituted more than two (2) years after the cause of action arose.

You agree to indemnify and hold Park’N Fly its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content you post or share on or through Parknfly.ca, your use of the Service or Parknfly.ca, your conduct in connection with the Service or Parknfly.ca or with other users of the Service or Parknfly.ca, or any violation of this Agreement or of any law or the rights of any third party.

These Terms of Use constitute the entire agreement between you and us regarding the use of Parknfly.ca and/or the Service, superseding any prior agreements between you and us relating to your use of Parknfly.ca or the Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Park’N Fly Rewards Rules and Conditions

The Park’N Fly Rewards (“Program”) membership and its Benefits are offered at the sole discretion of Park’N Fly Canada and its participating partner network.

The rights and obligations of Park’N Fly Canada (‘PNF’) under the Program may be assigned or transferred by Park’N Fly to any other related or unrelated entity at any time and performance thereafter shall be the responsibility of that entity.

  1. Program Sponsor. The Program is operated by Park’N Fly Canada, 5905 Campus Road, Mississauga, Ontario.
  2. Membership Eligibility and Fee. Membership in the Program is available to individuals (“you”) as stated in these Program Terms and Conditions. You may maintain only one account. Companies and/or other entities cannot enroll. There is no enrolment fee for this Program.
  3. Program Availability. PNF reserves the right to restrict, suspend, discontinue or cancel this Program upon 90 days’ written notice to all active members. In that event, your right to receive Rewards points may end 120 days after we notify you and your right to redeem Rewards Points may end 180 days after we notify you, no matter what the level of your participation in the Program. Rewards Points for all members not presented for redemption on or before such redemption end date cannot be redeemed.
  4. Membership Cancelation. PNF reserves the right to cancel any Rewards membership and revoke any and all unredeemed Rewards Points collected by any member for reasons that include, but are not limited to: 1) violation of these Terms and Conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, provincial or local law or regulation in connection with the use of membership privileges; 4) failure to pay for parking charges; 5) commission of fraud or abuse involving any portion of this Program; 6) more than one active account per member; 7) physical, verbal, or written abuse of PNF personnel; 8) action, in any other way, to the detriment of the Program or any of its alliances; all as may be determined by PNF in its sole discretion.
  5. Changes in Terms and Conditions. PNF reserve the right to change, limit, modify or cancel Program Terms and Conditions (including the number of Rewards points issued for a Qualifying Parking Stay), regulations, benefits, conditions of participation, rewards and rewards levels in whole or part at any time, even though changes may affect the value of points or rewards accumulated. You will be bound by any such changes.
  6. Notice of Changes. Any such changes will be shown in these Terms and Conditions on the www.parknfly.ca web site and will be effective immediately unless stated otherwise. A notice that a change has been made will be placed on the web site for a reasonable period of time. Any changes to any printed version of the Terms and Conditions will be contained in the next reprinting of that printed version. PNF will attempt to notify active members of major Program changes, but will not be liable for failure to do so, and all members will nevertheless be bound. An active member is defined as any member having point (accrual or redemption) within the last 12 months.
  7. Legal rights. Neither the Program nor any benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights by members against PNF.
  8. Data Privacy. Under the data protection legislation of Canada, PNF requires to particularly draw your attention to the fact that by applying for membership or by continuing to exercise the privileges of membership and in order to make it possible for PNF its obligations under the Program, you accept and explicitly authorize that your personal information which is supplied by you in the enrolment form or during the course of your Program membership (l) shall be processed by PNF in its capacity of data controller, by its subsidiaries, affiliates or franchisees. We may contact you for marketing purposes by mail, fax, telephone or email. Also, as an additional value-added benefit, we are offering you the opportunity to receive information on goods or services that may be of interest or value to you by providing various companies a mailing list of Park’N Fly Rewards. This is an opt-in benefit for members who are residents of Canada.
  9. Right of Access to Data. You have the right of access to your data by sending a written request to Park’N Fly Canada, 5905 Campus Road, Mississauga, Ontario L4V 1P9.
  10. Points for Parking Stays. You may earn Points for parking stays beginning with the date of your enrolment in the Program. Points will not be earned for Stays made prior to the date of your enrolment as shown in PNF records. A Stay is defined as one continuous – 24 hour period based on the check-in/check-out as registered that is paid for.
  11. Members can earn points based on the facility used and dollar amount of charges. Earn 1 Rewards point for every $1 CAD spent on eligible* charges. (*Eligible charges refers to parking charges only. Optional services purchased and/or taxes are NOT eligible). Check the Points Rewards Chart at www.parknfly.ca.
  12. Limits on Points of Parking Stays. If there is no activity within the Park’N Fly Rewards Account, (no points accumulated or redeemed), for a 12 month period then the account will be closed and any points will have been deemed to have expired.
  13. Points have no value. Rewards Points are not redeemable for cash or any other form of credit and have no value until presented for redemption in accordance with the term and conditions of this Program. Points have no fixed or ascertainable cash value. Members have no ownership interest in accrued points and accrued points do not constitute property of the members. Use of the word “earn” in marketing materials in relation to Rewards Program Points shall mean “collect” and shall not infer that the points have any value until they are presented for redemption. Points may not be purchased or sold and are not transferable except as otherwise stated herein.
  14. Employer Restrictions. Some employers, by policy, may prohibit or restrict employee participation in the Rewards Program. PNF assumes no responsibility or liability for compliance with these polices.
  15. Points Adjustments. The points listed in your Rewards Program account are subject to change to reflect actual parking stay information, any adjustments and Program changes. If you believe your account activity statement is inaccurate, contact loyalty@parknfly.ca. Point adjustments will not be made more than 60 days after the statement date. Please keep all of your parking stay receipts for your records, as they will be required for mile adjustment requests.
  16. Communications Not Received. PNF is not liable for loss misdirected correspondence, requests, freight, or Rewards Certificates that may be incomplete, illegal, delayed, lost or stolen.
  17. Restricted by Law. This Program or participation therein in not valid and/or the awarding of Rewards Rewards Points is void where prohibited or restricted by law.
  18. Program Violations. Program violations, suspected fraud or abuse in relation to point or mileage credit or rewards usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and by PNF including, without limitation, freezing your account the forfeiture of all mile transfers, rewards, vouchers, or merchandise issued pursuant to point redemption and any accrued points in your account, as well as cancellation of the account and your future participation in the Program.
  19. Other Points Awards. Rewards Points may be distributed as rewards, recognition, or incentives by companies with whom PNF has agreements to their employees and customers.
  20. Program Interpretation. Interpretations of Program Terms & Conditions shall be at the sole discretion of PNF. PNF reserves the right to add, modify, delete or otherwise change these Terms and Conditions or any rules related to the Program at its sole discretion, with or without notice and subject to local laws and regulations.
  21. Membership Cards. Your card is issued to you for your exclusive use and is not transferable.
  22. Liability of Park’N Fly. Unless we are negligent, we are not liable to any person, and You indemnify Us, for any loss of, or damage to, any property:
    A: Stolen from the Vehicle or otherwise lost during the parking stay
    B: Loss of vehicle

PARKING DAY REWARDS CERTIFICATES

Visit Park’N Fly website: www.parknfly.ca

  1. Advance reservations are required (where applicable). 
  2. All rewards certificates are valid for one year from date issue.
  3. Parking Day Certificates are non transferable and must be presented at time of check-out.
  4. Rewards Parking Day Certificates do not include taxes and/or surcharges. These charges must be paid directly to the facility at time of check-out.
  5. PNF reserves the right to restrict, suspend, modify or substitute the Rewards Parking Day Certificate program at any time without notice.
  6. Participating facilities may be added or deleted from any destination. The rewards are void where prohibited by law.
  7. Rewards Points and/or airline points are not awarded to rewards parking day certificate stays. Rewards parking day certificates are defined as those in which a member redeems points for a Rewards day.
  8. Rewards Day reservations are not travel agent commissionable.
  9. Mileage values for any facility or market may change at any time. Points have no value until presented for redemption by the member.
  10. Rewards member who cancel their Rewards Day Certificate will have up to one year to use the certificate.
  11. Members must be logged in to redeem points online for a Rewards Parking Day Certificate at www.parknfly.ca
  12. PNF reserves the right to limit the number of Rewards Day Certificate usage. Blackout dates may apply.
  13. A rewards must be used on consecutive days stayed and any unsured portion will beforfeited.
  14. You can redeem your Rewards Points at www.parknfly.ca. Log on to your account and follow the redemption steps outlined.
  15. You must have the required number of Rewards Points in your account prior to redeeming points for a reward day.

CANADIAN PRIVACY DISCLOSURE

As of January 1, 2004, the Canadian Federal Government’s Personal Information Protection and Electric Document Act (PIPEDA), a new privacy law, will apply to Park’N Fly Canada. When making a reservation, and/or joining any of PNF’s programs, including the Program, you need to collect information about me to provide the required services. By joining the Program, I agree that you may collect and use the personal information set out in the Agreement for the purpose of: (i) verifying the information; (ii) administering the Agreement; (iii) analyzing your operation; (iv) communicating with me from time to time about products and services that you offer; and (v) offering me value added goods and services (including loyalty rewards or points) from you and from third parties with whom you have contracted marketing relationships (“Marketing Partners”). I hereby agree that you may disclose my personal information set out in the Agreement to: (1) my credit card issuer for the purpose of completing the parking transaction, if I am paying my credit card. (2) the affiliates and related entities for purposes (i) to (v) above; (3) the Marketing Partners for the purposes of (v) above; and (4) any other person or organization as I may later authorize or as may be permitted or required by law. I agree that failure to provide my consent or the revocation of my consent in respect of purposes (i), (ii) and (iii) above, or to disclosures (1), (2), or (3) shall be considered as a default for which the Agreement may be terminated. With respect to my consent for you to disclose my personal information to those Marketing Partners who will issue loyalty rewards or points to me, I acknowledge that my consent is necessary for those purposes and that failure to provide such consent, or my revocation of it, may result in my not receiving loyalty rewards or points. I acknowledge that (l) my personal information will be held by your company Park’N Fly Canada located at 5905 Campus Road, Mississauga, Ontario L4V 1P9 (ii) your employees are involved in the administration of the Agreement will have access to my personal information and (iii) I can request access to my personal information and request that rectifications be made to my personal information.

If I want to contact you to: (1) enquire about your privacy practices; (2) access your information (3) opt out of further communication or have any comments or questions, I can contact you as detailed below:

Chief Privacy Officer Park’N Fly Canada
5905 Campus Road
Mississauga, Ontario
L4V 1P9
cpo@parknfly.ca