NOTICE OF COLLECTION, AUTHORIZATION AND CONSENTIn connection with your use of the Platform, any personal information collected by TPA is done pursuant the City of Toronto Act, 2006, ss. 7, 8, 77-81, 143 and 417 and the City of Toronto Municipal Code, Chapters 179, 910, 915, and 950. TPA will utilize this information for the purposes of operating parking payment services (“Parking Services”), comprising the provision of a time limited entitlement to park a vehicle in a specific parking location in exchange for payment of specific amounts by you, administering your enrollment in the Platform, your use of the Platform, contacting you about the use of the Platform or Parking Services, facilitating the provision of software updates, product support and other services to you (if any) related to the Platform; the issuance of entitlement to utilize parking locations, fines, parking tickets, penalty notices or the impounding of vehicles, processing of payments, collection of unpaid amounts, and research concerning the use of the Platform, Parking Service or parking locations, including but not limited to the creation of aggregate data, as well as reporting to City of Toronto and its Council concerning the foregoing purposes. You also by your use of the Platform expressly consent to and provide the TPA with permission to use this information to improve its products or to provide services or technologies to you. By agreeing to the use of the Platform, you, the individual, are authorizing the collection of personal information indirectly from parties related to the operation and access to the Platform, system and application software, and peripherals, as may be required, for the above purposes. You also by the use of the Platform agree to the disclosure of personal information to: appropriate authorities related to incidents related to a parking location; to the City of Toronto, TPA, and the public in relation to a report to the Counsel of the City of Toronto or the Board of the TPA, or an officer of the City exercising a responsibility imposed under the authority of City of Toronto Act, 2006, as well as any third party that has entered into an agreement with TPA concerning the operation of the Platform, or the collection of fines, parking tickets, penalty notices or the enforcement of vehicle parking related offenses related to your use of the Platform or a parking location. (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. Should you have any questions about the collection of this information please contact: TPA Privacy Officer by e-mail at email@example.com, or by mail at Privacy - Human Resources, 33 Queen Street East, Toronto, ON M5C 1R5.
GRANT OF LICENSEThe 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 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.
TORONTO PARKING AUTHORITY CONTENTTPA 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.
ACCOUNTS, SECURITY, PASSWORDSCertain 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.
USE OF PARKING PAYMENT SERVICESYou 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 Platform 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, TPA 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 TPA for alternative ways to receive any applicable refund. Please allow up to 6 weeks for refunds to be processed.
USE OF THE PLATFORM
The following requirements apply to your use of the Mobile Parking Payment Platform:
- You will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not use the Platform for any commercial purpose not expressly approved by the TPA in writing.
- You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time.
- You will not make the Platform available over a network where it could be used on multiple devices at the same time.
- You will not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform, including any copy thereof.
- You will not collect or store personal data about other users.