This Toronto Parking Authority Mobile Payments for Parking Terms of Use (“Agreement”) sets forth a legally binding agreement between you and the Toronto Parking Authority (“TPA”). This web site or application, including any software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), documentation and any accompanying fonts (collectively, the “Platform”) and the features at this Platform, are intended for and applicable only for residents of the Province of Ontario. If you are from another jurisdiction, you may not use this Platform. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to the TPA, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, applicable within the laws of the Province of Ontario. Please read this Agreement carefully before using this Platform.
From time to time we may update this Platform and this Agreement. Your use of this Platform after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. The TPA may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and Company will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated. You further agree that Company will not be liable for any modification or suspension of the Platform.
Please read this Agreement carefully before using the Platform. If you do not agree to the terms contained in this Agreement, then you may not use the Platform. Your use of the Platform constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Platform. You represent that you have the legal authority to bind yourself or any party you represent to this Agreement.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN THE TPA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
On certain areas of this Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
The Platform whether in read-only memory, on any other media or in any other form are licensed to you by the TPA subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with the TPA or its licensors, who own full and complete title, and the TPA and respective licensors reserve all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to the TPA’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device – including iPhone or iPad devices – at a time. This Agreement does not grant you any rights to use TPA proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement or the LAEULA (defined below), including, without limitation, resale, transfer, modification or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Platform is prohibited. This Agreement does not entitle you to receive and does not obligate TPA to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform. This Agreement is effective until terminated.
Your rights under this Agreement will terminate automatically without notice from TPA if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform and delete all copies of the Platform from your mobile device and account.
TPA provides this Platform to you, subject to this Agreement. This Platform, and any services performed, provided or enabled by or through this Platform and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and complications of the foregoing, that may be provided to you via this Platform (collectively “Content”) by the TPA or its content providers, are the property of the TPA and its content providers, and is protected in Ontario, Canada and internationally under trademark, copyright, and other intellectual property laws, and are intended for the lawful use by registered users (as applicable) of this Platform. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify the TPA if any of your information changes. The TPA makes no representation that the Platform or Content are appropriate or available for use in particular locations.
You agree not to download, display or use any Content for use in any publications, in public performances, on websites, on applications, for any other commercial purpose, in connection with products or services that are not those of the TPA, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the TPA and/or its licensors, that dilutes the strength of the TPA or its licensors’ property, or that otherwise infringes the TPA or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content.
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform. Where the Platform requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, including, without limitation, your name, address, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify the TPA immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, PIN, or other information which provides you access to the Platform. The TPA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
You agree that the TPA may collect and use technical and usage data and related information, including but not limited to technical information about your device, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Platform. You grant the TPA the permission to use this information to improve its products or to provide services or technologies to you.
You activate the parking payment services (“Parking Services”) by either: (a) using the Green P Mobile Parking Payment app; or (b) accessing the Mobile Parking Services website at parkgreenp.com either on your desktop or mobile browser. You are 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 the TPA 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. Note that use of the TPA Mobile Parking Payment Platform does not guarantee you a parking space and you may only activate the Mobile Parking Payment Platforn after you have found an available space.
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 TPA if for any reason the information is inconsistent. All applicable parking regulations apply to you and your use of the Mobile Parking Payment Platform 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 Parking Services provided to you pursuant to this Agreement. The TPA shall process the parking fee from the funds available in your pre-funded account and/or charging your stored method of payment to replenish your account funds or directly pay for your parking transaction at the time of your parking transaction. You must have a valid method of payment registered and/or sufficient funds in your pre-funded account, or suspension of Parking Services may occur.
You know that the TPA has validly accepted your parking transaction when you have received confirmation. You are responsible for ensuring that you have properly activated the Mobile Parking Payment Service 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.
In the event that the Mobile Parking Payment Platform 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.
The TPA 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 Mobile Parking Payment Platform 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. If you authorize the TPA to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree that in such cases, Company may provide all or a portion of your information collected by the TPA to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Parking Services (whether due to a declined credit card or other circumstances), then the TPA, upon the reasonable request of the relevant authorities, may provide all or a portion of your information collected by the TPA to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you.
If you do not use the Mobile Parking Payment account for 2 years, the TPA may close your account. If your account is closed for any reason including for inactivity, the TPA will refund any remaining balance after all pending parking transactions are cleared to the payment method on file at the time. In the event a refund cannot be refunded to the payment method, you must contact Company for alternative ways to receive any applicable refund. Please allow up to 6 weeks for refunds to be processed.
Except as and only to the extent permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform or any part thereof. Any attempt to do so is a violation of the rights of the TPA and its licensors of the Platform. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder.
There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Platform and in the Content. By making these Trademarks available through the Platform and in the Content, the TPA is not granting you a license to use them in any fashion, and you are not granted any license under any of the TPA’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No TPA Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without the TPA’s prior written permission.
The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by the TPA, or its respective licensors. The unauthorized copying, displaying, selling, distributing or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by the TPA that the Content and Platform is protected in Canada and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.
The TPA and its parents, subsidiaries, officers, employees, and contractors and each of their officers, employees and agents (collectively, “TPA Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the TPA or the TPA Affiliates.
The Internet may be subject to breaches of security. The TPA and the TPA Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the TPA or the TPA Affiliates any information or posting information to the Platform. The TPA and the TPA Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.
The failure of the TPA to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the TPA, shall not be deemed a breach of this Agreement.
THE PLATFORM (INCLUDING ALL APPLICATION PLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE TPA AND THE TPA AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT. THE TPA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE CORRECTED. No oral or written information or advice given by the TPA or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT THE TPA AND THE TPA AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PLATFORM OR THE CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TPA, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF THE TPA OR THE TPA AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM OR ITS RELATED INFORMATION OR PROGRAMS.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE TPA AND THE TPA AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, PROVINCIAL, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD.
YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE TPA’S DEFENSE OF ANY CLAIM. THE TPA RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF THE TPA.
The use of the Platform may require use of a mobile device and phone service, wireless mobile data service, and text messaging capability, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, and diagnostic data reports, from the TPA, your mobile carrier or third party service providers. If you agree to receive text messages from the Platform, the frequency of messages will vary based on your parking activity. Certain texts are required to use the Platform, including verification texts. Message and data rates may apply from your mobile carrier. By providing your consent to participate in this program, you approve any such charges from your mobile carrier. If you do not have an unlimited wireless mobile data plan or text messaging capability, you may incur additional charges from your wireless service in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.
The Platform may not work with all devices or all mobile carriers. Company makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
The information in any Platform message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts and notifications you receive.
Last Updated on 25-06-2015.