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 or our mobile application (collectively, our “Platform”), whether or not you have registered or subscribed for any of the products or services offered on our Platform (“Services”). By accessing or using our Platform, you acknowledge that you have read, understand, and agree to these Terms of Use. You also agree to the Terms of Use if you post links to our Platform on your site.

1884901 ALBERTA LTD., an Alberta corporation dba PARK’N FLY (“PNF”) reserves the right, without prior notice, to modify, supplement, or delete parts, or the entirety, of these Terms of Use. Your continued use of our Platform 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 our Platform.

All content on our Platform, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (“Platform Content”) are the property of PNF, 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 Platform 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 recognize that the contents of our Platform 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 our Platform does not grant or transfer to you any ownership or other rights in Platform Content. Any rights not expressly granted to you in these Terms of Use are expressly reserved by PNF.

You are granted a limited non-exclusive and revocable license to access and use our Platform, and the associated Platform Content, solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish the Platform Content or incorporate the information in any other database or compilation, and any other use of the Platform 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 our Platform or the Platform 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 our Platform, 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 your registration data to the extent reasonably required for accuracy; and (d) be fully responsible for all use of and actions with your account.

In connection with your access to and use of the Platform we may collect personal information from you. Our collection, use, and disclosure of personal information is governed by our privacy policy which is incorporated herein by reference.

Non-Commercial Use

You may use our Platform for personal, non-commercial use only. As a condition of your use of our Platform, you agree that you will not (and will not authorize anyone else to) sell or modify any Platform Content or reproduce, display, distribute, or otherwise use any of the Platform 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 our Platform or the Services 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 immediately ceasing any unauthorized use of our Platform. In addition, you may not use our Platform in any manner which could disable, overburden, damage, or impair our Platform or the Services, or interfere with any other party’s use and enjoyment of our Platform or the Services.

In addition, and without limitation, you agree not to use the Services or our Platform to:

  • use the Services or our Platform in any unlawful manner or in any other manner that could damage, disable, overburden, or impair our Platform or the Services;
  • use automated scripts to collect information from or otherwise interact with the Services or our Platform;
  • register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity without their expressed permission;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity; or
  • use or attempt to use another’s account, service, or system without authorization, or create a false identity on the Services or our Platform.

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 our Platform 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. All of our rights and remedies are expressly reserved.

Our Platform contains links 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 our Platform or any Third Party Content posted on, available through or installed from our Platform, 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 sites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave our Platform 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 our Platform or relating to any applications you use or install from the site.

Our Platform and/or the Services 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 e-mail 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 Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s use of our Platform or the Services or Third Content posted on or through our Platform or the Services or transmitted to Users, or any interactions between Users of our Platform, whether online or offline.

OUR PLATFORM, THE SERVICES, AND ALL PLATFORM CONTENT ARE PROVIDED “AS-IS”. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM 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 OUR PLATFORM AND/OR THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE OUR PLATFORM OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE OUR PLATFORM OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT NONE OF PNF, ITS AFFILIATES AND/OR  LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR THE SERVICES.

Any services described on our Platform are offered in jurisdictions where they may be legally offered for sale. The information on our Platform is not an offer or solicitation by 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 our Platform, and or the Services, or any portion thereof, to delete your profile and any content or information that you have posted on our Platform and/or prohibit you from using or accessing the Services or our Platform (or any portion, aspect or feature of the Services or our Platform) 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 our Platform 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.

For Users outside of the Province of Quebec: (a) 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; and (b) the User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

For Users within the Province of Quebec: (a) these Terms of Use shall be governed and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions; and (b) the User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Quebec with respect to any matters of issue herein.

The following two paragraphs are not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.

You agree that, to the extent permitted by the applicable law and except as may otherwise be provided in regard to specific Services on our Platform 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, our Platform and/or the Services (including your visit to or use of our Platform and/or the Services) shall be final and binding arbitration, except that: (a) to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth herein, you acknowledge that damages are 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 our Platform 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 our Platform and/or the Services (including your visit to or use of our Platform and/or the Services) be instituted more than two (2) years after the cause of action arose.

You agree to indemnify and hold PNF, 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 legal fees, arising out of or in connection with your use of the Services or our Platform, your conduct in connection with the Services or our Platform or with other Users of the Services or our Platform, or any violation of these Terms of 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 our Platform and/or the Services, superseding any prior agreements between you and us relating to your use of our Platform or the Services. 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. You hereby confirm your express wish that these Terms of Use, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents, and other communications between the parties in connection with these Terms of Use be in the English language only and declare themselves satisfied with this; Vous confirmez par la présente votre souhait exprès que les présentes conditions d’utilisation, ainsi que tous les autres documents qui s’y rapportent, y compris, mais sans s’y limiter, toutes les confirmations, avis, renonciations, consentements et autres communications entre les parties en rapport avec les présentes conditions d’utilisation soient en la langue anglaise uniquement et s’en déclarent satisfaits.

 

Park’N Fly Rewards Rules and Conditions

The Park’N Fly Rewards (“Program”) membership and its benefits are offered at the sole discretion of 1884901 ALBERTA LTD., an Alberta corporation dba PARK’N FLY (“PNF”) and its participating partner network.

The rights and obligations of PNF under the Program may be assigned or transferred by PNF 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 enrollment 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 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. An active member is defined as any member having point (accrual or redemption) within the last 12 months.
  4. Membership Cancellation. PNF reserves the right to cancel any Program and revoke any and all unredeemed Rewards Points collected by any member for reasons permitted by applicable law. These may 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; and 6) more than one active account per member; all as may be determined by PNF in its sole discretion.
  5. Changes in Terms and Conditions. PNF reserves 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. We will provide you a minimum of 60 days prior written notice of such changes or such longer period as required by applicable law.
  7. Data Privacy. In connection with your participation in the Program, we may collect personal information from you. Our collection, use, and disclosure of personal information is governed by our privacy policy which is incorporated herein by reference.
  8. Points for Parking Stays. You may earn Points for parking stays beginning with the date of your enrollment in the Program. Points will not be earned for Stays made prior to the date of your enrollment 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.
  9. 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 refer to parking charges only, excluding taxes. Optional services purchased and/or taxes are NOT eligible). Check the Points Rewards Chart at www.parknfly.ca. Points are non-transferable.
  10. Limits on Points of Parking Stays. If there is no activity within the PNF 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.
  11. 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 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.
  12. Employer Restrictions. Some employers, by policy, may prohibit or restrict employee participation in the Program. PNF assumes no responsibility or liability for compliance with these polices.
  13. Points Adjustments. The points listed in your 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 [email protected]. 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.
  14. 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.
  15. Restricted by Law. This Program or participation therein in not valid and/or the awarding of Rewards Points is void where prohibited or restricted by law.
  16. 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.
  17. 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.
  18. Membership Cards. Your card is issued to you for your exclusive use and is not transferable.

Liability of PNF. PNF hereby disclaims any and all liable in connection with your participation in the Program including without limitation, any tax consequences which may flow from your participation in the Program. You will be solely responsible for your own tax payments and reporting requirements (including those related to any income tax benefit), if any.

Parking Day Reward Redemptions

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

  1. Reservations are required.
  2. All Program parking days are valid for the period of the reservation.
  3. Reservations with rewards parking days are non-transferable and must be presented at the time of check-out.
  4. Program parking days do not include taxes and/or surcharges. These charges must be paid directly to the facility at the time of check-out.
  5. PNF reserves the right to restrict, suspend, modify, or substitute the Program at any time without notice.
  6. Participating facilities may be added or deleted from any destination. PNF Rewards are void where prohibited by law.
  7. Program parking days are defined as those in which a rewards member redeems rewards points for free parking days.
  8. Program parking day reservations are not travel agent commissionable.
  9. Rewards members who cancel their reservation with redeemed rewards days will have to contact [email protected]ly.ca to have their points reissued to their account.
  10. Members must be logged in as a Program member and redeem points online for a Rewards Parking Day at www.parknfly.ca and complete a reservation for future parking stay.
  11. PNF reserves the right to limit the number of Rewards days redeemed. Blackout dates may apply.
  12. Rewards Parking Days you have purchased with your Program points, but for which you did not use on the designated dates, will be forfeited.
  13. Redeem Program points at www.parknfly.ca. Log on to a Program account, create a reservation and apply available rewards points to the reservation.
  14. Program members must have the required number of rewards points in the member account before redeeming points for free parking days.

Canadian Privacy Disclosure

Please refer to the Park’N Fly Privacy Policy for details on how we collect, use, and disclose personal information of our customers, website users, and other individuals.