Site Terms of Use
OPA , CORP. TERMS OF USE
By using the Ontario Parking Authority, LTD. website located at www.ontarioparkingauthority.com (the “Website ”) or otherwise utilizing the services, products, and information offered by Ontario Parking Authority, LTD. (“OPA”, “we” or “our”) through the Website, including joining the Ontario Parking Authority, LTD. Making reservations and facilitating the payment for your parking, you agree to be bound by the Terms and Conditions (hereinafter “Terms and Conditions” or “Agreement”) in effect at the time of each such access, purchase, or other use.
You also acknowledge that we may, from time to time, at our sole discretion and without notification to you, change these Terms and Conditions. You should review the Terms and Conditions each time you visit or use the Website. If you do not agree to these Terms and Conditions, please do not use the Website.
Overview
Ontario Parking Authority, LTD. provides visitors to our Website with on-line access to information regarding our products and services, including and without limitation, to the booking of advance reservations for parking spaces and the ability to pay for visitors parking (the “Services”).
License and Access to the Website
Ontario Parking Authority, LTD. grants you a limited, non-transferable license to access and use for non-commercial purposes the Website. You may only use the Website to make legitimate reservations. You shall not use the Website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ontario Parking Authority, LTD. and our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Website or the Services, referenced in the Website. Furthermore, we reserve the right, within our sole discretion, to discontinue the Website or Services and/or to modify the contents of the Website or the terms of the Services as we deem appropriate, including but not limited to the pricing, visitors parking facilities you are visiting, and other information and/or functionality. You agree that we will not be liable to you for any such discontinuance or modification of the Website or the Services. Any rights not expressly granted by these Terms and Conditions are reserved by Ontario Parking Authority, LTD.
Restrictions on Your Use
All content within the Website and any materials made available on these pages for downloading are the property of Ontario Parking Authority, LTD. and/or its affiliates or other third parties. The Website and portions of the Website are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Website that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You may not input or upload to the Website any information which contains any viruses, Trojan horses, worms, spiders, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Website or their contents or that infringes the intellectual property rights of any other party. You may not use any device, software or other application or behavior to interfere or attempt to interfere with the proper working of the Website. You may not take any action, which imposes an unreasonable or disproportionately large load on the system providing the Website. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Website.
Age and Account Responsibility
If you use the Website, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your information.
Disclosure of Content Monitoring
Although we have no obligation to monitor any information provided to the Website by its users, including without limitation, your personal information, we reserve the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Ontario Parking Authority, its users or the public.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Website, including, without limitation to, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Ontario Parking Authority, LTD., or third parties. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Ontario Parking Authority, LTD. or the appropriate third party’s prior written permission. Except as provided herein, Ontario Parking Authority, LTD. does not grant to you any express or implied rights to Ontario Parking Authority, LTD’s or any third party’s Intellectual Property. Any rights associated with the content of the Website, which is transmitted, downloaded, or otherwise processed by Ontario Parking Authority, LTD., shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.
Privacy Statement
Your personal information and certain other information about you are subject to our Privacy Statement. The Ontario Parking Authority, LTD. Privacy Statement can be viewed by clicking on www.ontarioparkingauthority.com/privacy.html and/or can be accessed from the Website.
Termination
You agree that The Ontario Parking Authority, LTD., in its sole discretion, may terminate your use of the Service or Website, and remove and discard any content within the Website, for any reason. You agree that any termination of your access to the Service or Website under any provision of this Agreement may be effected without prior notice. Further, you agree that Ontario Parking Authority, LTD. shall not be liable to you or any third party for any termination of your access to the Website.
Links
The Website may provide or include links to other World Wide Website or resources. Because Ontario Parking Authority, LTD. has no control over such sites and resources, you acknowledge and agree that Ontario Parking Authority, LTD. is not responsible for the availability of such external site, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ONTARIO PARKING AUTHORITY, LTD. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Ontario Parking Authority, LTD. prohibits caching of any portion of the Website and any unauthorized hypertext links to the Website. Ontario Parking Authority, LTD. reserves the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Website, you must contact Ontario Parking Authority, LTD. to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
Ontario Parking Authority, LTD., BY- LAW ENFORCEMENT SERVICE OF PARTICIPATING PROPERTIES WITH PARKING FACILITIES, AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS. ONTARIO PARKING AUTHORITY, LTD., PARTICIPATING MANAGEMENT OR OWNERS OF PROPERTIES WITH PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OFFTRADE. NEITHER PARK RIDE FLY USA, CORP. NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THE WEBSITE, THEIR SERVERS OR ANY E-MAIL SENT FROM ONTARIO PARKING AUTHORITY, LTD.. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME PROVINCES OR STATE DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH MAY VARY FROM PROVINCE TO PROVICE OR STATE TO STATE.
Limitation of Liability
ONTARIO PARKING AUTHORITY, LTD. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL ONTARIO PARKING AUTHORITY, LTD., OWNERS OR MANAGEMENT OF PARTICIPATING PROPERTY PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE OR CONTENT FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY PARK RIDE FLY USA, CORP., OWNERS OF PARTICIPATING PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. ONTARIO PARKING AUTHORITY, LTD. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO VEHICLES PARKED AT PARTICIPATING PROPERTY PARKING FACILITIES. VISITORS OR USER OF ONTARIO PARKING AUTHORITY, LTD. WHOSE VEHICLES ARE DAMAGED BY PARTICIPATING PROPERTY PARKING FACILITIES MUST SEEK THE AUTHORITY OF THE CITY YOU ARE VISITING.
If, notwithstanding the foregoing, ONTARIO PARKING AUTHORITY, LTD., any owner of a participating property parking facility or any third party provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Website or their content, the liability of such parties shall in no event exceed, in the aggregate, CAD$150.00. In its sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we, at any time and without notice, may terminate or restrict your access to all of or any component of the Website. Some Provinces do not allow limitation of liability, so the foregoing limitation may not apply to you.
Indemnification
You shall defend and indemnify ONTARIO PARKING AUTHORITY, LTD., owners of participating property parking facilities and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including, without limitation, reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Website.
Governing Law
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Province and federal courts located in the Provincial of Ontario, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued.
Attorney’s Fees
If ONTARIO PARKING AUTHORITY, LTD. or its affiliates take any action to enforce this Agreement and these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Additional Terms
Additional terms and conditions may apply to ONTARIO PARKING AUTHORITY, LTD., Website or User and other uses of portions of the Website, and you agree to abide by such other terms and conditions
Complete Agreement
This Agreement constitutes the entire agreement between you and ONTARIO PARKING AUTHORITY, LTD.. with respect to the subject matter hereof and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The provisions which by their nature should survive termination of this Agreement shall so survive.
This Agreement was last modified and is effective as of May 17, 2009.
Additional Terms and Conditions for Registrations
1. Confirmation and Reservation - At the end of the online registration process, a confirmation within 24 hours, which you can print. You must bring your printed copy of your reservation. Your confirmation number is not proof of purchase. If you cannot print your reservation or have lost your reservation, please call our Reservation Center at 1-416-665-5672 Ext#2 or #3, and one of our agents will assist you.
.2. Computer Clock- You computer clock setting must be set to a corrent time zone(Eastern Standard Canada/USA -0500) and show the Toronto standard time before you proceed with the registration.
3. Canceling your reservation - You can cancel your reservation throguh our Contact page or by calling the Customer Service Center at 416-665-5672(OPA).
4. Unused Stays - No refund will be issued for unused days.
5. Credit Card Billing - Your credit card is charged in full at the time that you make your purchase from ONTARIO PARKING AUTHORITY, LTD.
6. Refunds – Contact the Cutomer Service Center at 416-665-5672 to request a refund for qualifying reservations.
7. Your questions or comments can be cotacted us by mailing our operations office:
Ontario Parking Authority
1 Yonge Street, Suite#1801 Toronto ON, M53 1W7.
