Introduction and Agreement
Description of Services
- GrydPark, through the GrydPark Platform, operates an online marketplace that enables registered property owners (“Owners”), their property managers (“Property Managers”) and/or the tenants of an Owner or Property Manager (“Tenants”) who offer parking spot(s) (each a “Spot”) for rent (the “Parking Services”) to publish and offer such Parking Services on the GrydPark Platform (“Spot Offerings”) and to transact directly with users that are seeking to book such Parking Services (users using Parking Services are referred to herein as “Parkers” and, together with Owners, Property Managers and Tenants, are collectively referred to herein as “Users”). The term “Providing User” shall mean: (i) where Parking Services are being offered directly by an Owner or by a Property Manager on behalf of an Owner, the Owner; (ii) where Parking Services are offered by a Tenant, the Tenant.
- Parking Services shall be limited to the rental of a parking spot owned by the Owner and, if the Providing User is a Tenant, used exclusively by the Tenant, for use by the Parker which rentals shall be subject to these Terms of Service and the terms of the Parking Spot Rental Agreement.
- GrydPark’s services are limited to providing the GrydPark Platform to enable Users to transact for Parking Services directly and, for greater certainty, GrydPark does not offer, own, sell, resell, provide or supply any Spot or Parking Services. Spots and Parking Services are offered directly by Providing Users and Providing Users are solely responsible for their Spot Offerings and Parking Services. When a Providing User and a Parker transact through the GrydPark Platform, they are entering into a contract directly with each other. GrydPark:
- is not and does not become a party to or other participant in any contractual relationship between Users including, without limitation, the Parking Spot Rental Agreement;
- is not acting as an agent in any capacity for any User, except as specified in these Terms of Service;
- does not negotiate terms of Parking Services;
- is not responsible for subscribing for or maintaining insurance for the benefit of the Users;
- does not operate any Spots, parking lots or other parking facilities;
- accept custody of or in any way accept responsibility for motor vehicles;
- provide any services to Users except to provide the GrydPark Platform and such services as are explicitly set out in these Terms and Conditions.
- GrydPark has no control over and does not guarantee (i) the existence, quality, suitability, or legality of any Spots or Parking Services, (ii) the truth or accuracy of any Spot Offering descriptions, Ratings, or other User Materials (all as defined below), or (iii) the performance or conduct of any User or third party including under the Parking Spot Rental Agreement. Without limiting the foregoing, we are not responsible for any consequences resulting from the inability of a Parker to make use of (or delays affecting a Parker’s ability to make use of) the Parking Services. GrydPark does not endorse any User, Spot Offering or Parking Services. GrydPark is not obligated to verify and does not guarantee that any information provided, including any information required to be provided pursuant to these Terms of Service, the GrydPark Platform or the terms of the Parking Spot Rental Agreement are in effect, truthful or accurate. Users are responsible for exercising care and due diligence when deciding whether to offer, book and or make use of a Spot Offering.
- If you choose to use the GrydPark Platform as a Providing User, your relationship with GrydPark is limited to the provisions of these Terms of Service, and you are not an employee, agent, joint venturer or partner of GrydPark for any reason and you shall not represent yourself as acting for or on behalf of GrydPark in any of the above capacities.
Eligibility and Use of the GrydPark Platform
- You must be at least eighteen (18) years old and be capable of entering into legally binding contracts to access and use the GrydPark Platform or register an GrydPark Account.
- All Parkers (or, if the Parker is a passenger in the vehicle that will be used in connection with the Parking Services, the person(s) operating the vehicle) are required to have a valid driver’s license sufficient to operate the class of vehicle used in connection with the Parking Services and must be entitled to the benefit of all insurance coverage as may be required by law. If the Parker is not the person operating the vehicle used in connection with the Parking Services, the Parker shall be responsible for ensuring that the driver complies with all applicable terms and conditions of these Terms of Services and the Parking Spot Rental Agreement.
- GrydPark may make access to and use of the GrydPark Platform or the ability to offer or book Spot Offerings or Parking Services, subject to certain conditions or requirements, such as providing, uploading and maintaining certain information or documentation, meeting specific eligibility criteria, or booking and cancellation history. GrydPark cannot guarantee and shall not be responsible for the confirmation of any User’s identity.
- You must register an account (“GrydPark Account”) to access and use certain features of the GrydPark Platform, such as offering or booking a Spot. You must provide accurate, current and complete information when registering a GrydPark Account and keep your GrydPark Account information up-to-date and accurate at all times.
- You may not register more than one (1) GrydPark Account unless GrydPark authorizes you to do so. Notwithstanding the foregoing, a person may have both one (1) Parker GrydPark Account and one (1) Tenant GrydPark Account. You may not assign or otherwise transfer your GrydPark Account to another party without our prior written consent, which consent may be withheld by us at our sole discretion.
- All Users are required to comply with any and all laws, statutes, regulations, codes, ordinances, by-laws, common laws or laws in equity, municipal by-laws, treaties, codes, rules, judgments and all applicable requirements, official directives, rules, consents, approvals and authorizations, guidelines, standards, practices and policies of any governmental authority including any nation, state, province, city, municipality or political subdivision or any official, agency, arbitrator, authority, court, department, commission, board, bureau or other governmental or regulatory authority having authority or the force of law.
- You agree to: (i) notify us immediately if you become aware of any unauthorized use of your GrydPark Account, any breach in the confidentiality of your GrydPark password or account details or any breach of security or unauthorized access to or use of the Site; (ii) cooperate with law enforcement agencies investigating any unlawful behavior involving your GrydPark Account, the Site, or any of the Parking Services; (iii) maintain the security of your mobile device or computer and the confidentiality of any passwords or other confidential account details related to your GrydPark Account.
- GrydPark may charge fees to Owners or Property Managers, Tenants and/or Parkers (collectively, “Service Fees”) in consideration for the use of the GrydPark Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees Policy.
- Any applicable Service Fees (including any applicable Taxes, as defined below) applicable to a Parker will be displayed prior to a Parker booking a Spot. GrydPark reserves the right to change the Service Fees at any time, provided that any such changes to the Service Fees shall not apply retroactively to any Spot Offerings booked prior to the effective date of such change.
- You are responsible for paying any Service Fees that you owe to GrydPark. The applicable Service Fees are due and payable and collected by GrydPark Payments pursuant to these Terms and Conditions. Except as otherwise provided in these Terms and Conditions or under our Cancellation, Modification and Refund Policy, Service Fees are non-refundable.
Terms Specific to Tenants
- You represent and warrant that you have full authority to list any Spots being offered by you on the GrydPark Platform and that you have the exclusive use of any such Spots during any periods during which you have made the Spot are available for booking on the GrydPark Platform. You further represent and warrant that you have a valid ownership right, leasehold interest or license from the Owner or Property Manager listed on your GrydPark Account for all Spots listed on your GrydPark Account. You covenant and agree that your use of the GrydPark Platform shall comply at all times with the terms of your rental or lease agreement with the Owner or Property Manager.
- You agree to immediately remove any Spot listed on your GrydPark Account in the event your ownership right, lease or license of such Spot expires or is terminated for any reason. You further agree to immediately notify in the event a Spot that is the subject of a booking: (i) is no longer available for all or part of the period of such booking or bookings; (ii) is no longer (or at the time of the booking will no longer be) leased or licensed to you for any reason.
- You agree that when creating or posting any Spot Offering, you must always provide complete and accurate information about the Spot as may be required or requested by GrydPark from time to time.
- GrydPark shall be responsible for setting a price for the Spot Offering (“Spot Offering Fee”) at its sole discretion.
- Any terms and conditions included in your Spot Offering shall not conflict with these Terms of Service or the Parking Spot Rental Agreement.
- When a booking is made by a Parker, you are entering into a legally binding agreement with the Parker on the terms and conditions of the Parking Spot Rental Agreement and are required to provide your Parking Services to the Parker in accordance with the terms thereof. You authorize us to withhold any applicable Service Fees, Chargebacks and any applicable Taxes, which will be collected pursuant to these Terms of Service.
- You represent and warrant that any Spot Offering you offer and the performance by you and the Parker of your respective obligations under the Parking Spot Rental Agreement in connection with any Spot Offering will (i) not breach any agreements you have entered into with any third parties or the Facility Rules (as defined below), and (ii) comply with all applicable laws, Tax requirements, or other rules and regulations.
Terms Specific to Parkers
- Parkers can book available Spot Offerings on the GrydPark Platform by following the booking process set out on the Site. Except as set out in these Terms and Conditions, all applicable charges and fees, including the Service Fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to the completion of a booking. You agree to pay the Total Fees for any booking made in connection with your GrydPark Account.
- Each time you book a Spot on the GrydPark Platform, a legally binding agreement is formed between you and the Providing User in accordance with the terms of the Parking Spot Rental Agreement.
- You understand that a confirmed booking of a Spot Offering is a limited license granted to you by the Providing User to park in the Spot for the period of your booking.
- You shall not use the Spot for any purpose or engage in any other activity on the property or at the facility where the Spot is located other than parking one (1) of the vehicles listed on your GrydPark Account in the Spot and for ingress and egress to and from the Spot during the period of your booking.
- You agree to abide by all terms and conditions, rules, regulations and/or restrictions imposed by the Owner, the Property Manager or the Tenant applicable to the Parking Services, the Spot or the property or facility where the Spot is located (collectively, the “Facility Rules”).
- You shall ensure you have vacated the Spot prior to the end of the period of your booking. If you fail to vacate the Spot prior to the end of your booking period (“Overholding”), you no longer have a license to use the Spot and the Owner, Property Manager and/or Tenant shall be entitled to exercise any remedies available to them at law, including the ability to have your vehicle towed at your cost and expense. You also agree to pay (i) additional fees in accordance with the terms of the GrydPark Service Fees Policy in the event of Overholding; and (ii) any costs or expenses incurred by any of the Owner, Property Manager or Tenant as a result of your Overholding, including any cost to tow your vehicle (collectively, “Overhold Fees”). GrydPark will be entitled to collect Overhold Fees from you pursuant to these Terms of Service.
- In the case of monthly bookings, spots are reserved on a month-to-month basis. At the time of the booking the rate for the current month will be pro-rated for the days remaining in the current month. Monthly parking is automatically renewed on the last day of each month for the following month. Payments are processed on the last day of the month via your original payment method. If your payment fails you have until the 5th of the month to contact GrydPark to provide a new acceptable payment method. In the event that payment has not been received by the 5th of the month the spot will be forfeited by the parker. If you do not wish to renew for the following month you can cancel your monthly parking subscription at any time before the final day of the month. If your selected spot is available the following month you will be automatically renewed for the same spot. In the event that your spot is not available to rent the following month, we will notify you and prompt you to select a new spot for the next month. If there are no spots available that suit you, you can opt to cancel your monthly parking subscription.
- You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any passengers or individuals that you provide access to the Spot, including for any damage that may be caused to the Spot or the property of the Owner, Property Manager or Tenant in connection with your use of the Spot or the Parking Services.
Booking Modifications and Cancellations
- Any modifications to or cancellations of a completed booking shall be subject to GrydPark’s Cancellation, Modification and Refund Policy.
- Although we cannot guarantee the performance of the Providing User’s obligations under the Parking Spot Rental Agreement (including that the Providing User shall have made available the booked Spot for the period of the booking), if a booked Spot is unavailable during your booking, we will attempt to locate an alternative Spot, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures in place from time to time.
- Users agree to cooperate with and assist GrydPark in good faith, and to provide GrydPark with such information and take such actions as may be reasonably requested by GrydPark, in connection with any complaints or claims made by Users relating to the Parking Services. Users acknowledge that, in the event of a complaint or claim relating to or arising out of the Parking Services or the use of the GrydPark Platform, GrydPark shall be entitled to provide to a User the name and contact information of any other Users involved in the complaint or claim.
- GrydPark may offer a referral program (the “Referral Program”) where Users can refer the GrydPark Platform to non-Users and receive promotional credits that can be applied towards Service Fees on future bookings. A User’s participation in the Referral Program and their ability to earn or apply such promotional credits shall be subject to all rules, restrictions, limitations, terms, conditions or policies that GrydPark may have in place from time to time. GrydPark may also suspend, terminate or discontinue the Referral Program at any time or from time to time at our sole discretion.
- GrydPark utilizes certain third-party payments service providers (“Payment Service Providers”) to provide payment services to Users, including payment collection, payments and payouts, in connection with the GrydPark Platform (collectively, “Payment Services”). GrydPark may provide certain Payment Services to Owners or Property Managers in accordance with the terms of the Owner/Manager Services Agreement.
- Each Providing User agrees that payment made by a Parker through the GrydPark Platform shall be deemed to have been made to the Providing User and considered the same as if the Providing User had received the payment from Parker directly and the Providing User agrees to provide the Parking Services to the Parker in accordance with the terms of theParking Spot Rental Agreement.
- GrydPark cannot guarantee the continuous and uninterrupted availability and access to the Payment Services and may restrict the availability of the Payment Services, or certain services or features thereof, from time to time.
- GrydPark may required Users add one or more financial instruments to their GrydPark Account through one of our Payment Service Providers in order to access or use the GrydPark Platform or publish a Spot Offering in order to facilitate payment collection by GrydPark (a “Payment Instrument”) or in order to facilitate payments and payouts to the User (a “vPayout Instrument”) as contemplated under these Terms of Service. Users may be required to provide customary billing information including the User’s name, billing address, and financial instrument information (“Payment Details”) to our Payment Service Provider. You must provide up-to-date, accurate, and complete information when providing Payment Details, and you are required to keep your Payment Details up-to-date and accurate at all times. You are solely responsible for the accuracy and completeness of your Payment Details information. Neither GrydPark not any of its Payment Service Providers are responsible for any loss incurred as a result of your failure to provide accurate and complete Payment Details.
- You may be required to accept or may otherwise be subject to additional agreements or terms and conditions in connection with your access to or use of the Payment Services. It is your responsibility to review these agreement, terms and conditions prior to adding a Payment Instrument or Payout Instrument or providing any Payment Details. Payment Service Providers may charge you additional fees when processing payments and payouts when you utilize the Payment Services and which may include deducting any such fees or charges from the payout amount. GrydPark is not responsible for the fees of any third party payments processors.
- In most circumstances, GrydPark will collect the Total Fees from a Parker by charging the Parker’s Payment Instrument at the time the booking is made by the Parker.
- Each Providing User collecting payment for Parking Services provided through the GrydPark Platform hereby appoints GrydPark as the Providing User’s payment collection agent solely for the limited purpose of accepting funds from Parkers that purchase such Parking Services. Notwithstanding GrydPark may be acting in this limited capacity, GrydPark shall be in no way liable for any acts or omissions of the Providing User and is not a party to the agreement between the Parker and the Providing User.
- As a Parker, you authorize GrydPark to charge your Payment Instrument for (i) the Total Fees for any and all bookings made through your GrydPark Account; (ii) any Overhold Fees payable under these Terms of Service; (iii) any cancellation fees payable under the GrydPark Cancellation, Modification and Refund Policy; (iv) any other amounts that GrydPark may be entitled to collect pursuant to these Terms of Service. Our Payment Service Provider will provide you confirmation upon successful completion of the applicable charge.
- For Providing Users, in order to receive a payout you must have a valid Payout Instrument linked to your GrydPark Account. Through the Payment Service Provider, we will generally remit to Tenants and Owners/Property Managers their portions (as set out in our Service Fees Policy) of the Service Fees that we have collected from the Parker(s) on a monthly basis, provided that we cannot guarantee the timing of any payout dates and shall not be responsible for any delays in expected payout dates. GrydPark may delay or cancel any payout for purposes of preventing unlawful activity or fraud, in the event of a User dispute or otherwise in accordance with these Terms of Service.
- In the event a User has failed to add a Payout Instrument or provide any Payment Details required by GrydPark or its Payment Service Provider to complete a payout to the User, the amount of the payout shall be held by GrydPark for a period of twelve (12) months from date of the booking with respect to which the payout relates, following which all such amounts shall be forfeit by the User and the User discharges and releases GrydPark from any claims for such amounts.
- Each Providing User understands that GrydPark’ obligation to pay the Providing User is subject to and conditional upon the receipt of any such payments by the Parker. Each Providing User further acknowledges that GrydPark may refund the Parker in accordance with these Terms of Services and our Cancellation, Modification and Refund Policy.
- From time to time we may collect payment on behalf of a Providing User from a Parker where (i) we have to pay an amount to the Parker’s credit card provider; or (ii) an amount is deducted or withheld by a credit card processor (a “Chargeback”). If we are subject to a Chargeback in connection with Parking Services provided by you, you agree that:
- we will not be under any obligation to make payment to you of any amount that is the subject of a Chargeback; and
- if we are subject to a Chargeback after we have already made payment to you, you agree that you will repay to us an amount equal to the Chargeback. You also authorize us to set-off or deduct the amount of any outstanding Chargeback amounts from any other amounts we may owe you from time to time.
- All amounts, including Service Fees and Taxes, referenced in the GrydPark Platform shall be in Canadian Dollars, The payment of all such Service Fees and Taxes or remittance by GrydPark of payouts shall take place in Canadian Dollars.
- As an Owner, Property Manager or Tenant you are solely responsible for determining your obligations to report, collect, remit any applicable taxes including any valued-added taxes, retail sales tax, excise tax or income tax (“Taxes”).
- Providing Users acknowledge GrydPark may have a legal obligation to and in such circumstances shall be entitled to collect necessary Tax information from Providing Users and/or withhold from payouts or otherwise facilitate the collection and remittance of Taxes. The details respecting the amount of any Taxes, if any, collected and remitted by GrydPark shall be provided to the Providing User.
Ratings and Submissions
- Subject to restrictions as may be determined by GrydPark, Parkers can submit a star rating (“Rating”) about Spots. Any Ratings reflect the opinion of individual Users and do not reflect the opinion of GrydPark. Ratings are not verified by GrydPark for accuracy and may be incorrect or misleading.
- All Ratings submitted by Parkers and any submissions made to GrydPark’s customer service team (“Submissions”) must be fair, truthful and accurate, shall not be misleading in any manner and may not contain any offensive or defamatory content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, defamatory, obscene or may violate any person’s rights or these Terms of Service.
- You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submissions will not contain unlawful, abusive or inappropriate material, or contain any computer virus or other malware that could in any way affect the operation of the GrydPark Platform or any related website or application.
- You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us, Users or third-parties with respect to any Submission or Rating. You may not manipulate the Ratings system in any manner, including directing any person to submit a positive or negative Rating for any User.
- GrydPark may facilitate the (i) creating, uploading, posting, delivery, publishing and storing of content, such as text, photos, audio, video, or other materials or information on or through the GrydPark Platform (“User Materials”); and (ii) access and view of User Materials in addition to any content that GrydPark itself makes available on or through the GrydPark Platform, such as proprietary GrydPark content and any content or materials licensed or authorized for use on or through GrydPark from third parties (“GrydPark Materials” and together with User Materials, “Materials”).
- The GrydPark Platform, GrydPark Materials, and User Materials may in their entirety or in part be protected by intellectual property laws including copyright or trademark. You acknowledge and agree that the GrydPark Platform and GrydPark Materials, including all associated intellectual property rights, are the exclusive property of GrydPark and/or its third-party licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GrydPark Platform, GrydPark Materials or User Materials.
- You will not use, copy, adapt, transmit, display, publish and perform, distribute and create derivative works from the Materials or license, sell, transfer or otherwise exploit the GrydPark Platform or Materials, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GrydPark or its licensors, other than as expressly set out in these Terms of Service.
- By uploading User Materials to the GrydPark Platform or otherwise submitting any User Materials to us to be publicly displayed, you automatically grant (or represent and warrant to us that the owners of such rights have expressly granted) to us a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, assignable, sublicensable right and license to use, reproduce, modify, adapt, publicly display, public perform, publish, sublicense, translate, create derivative works of and distribute such User Materials worldwide by means of the GrydPark Platform.
- We reserve the right to remove or decline to post any User Materials without notice for any reason. You represent and warrant to us that any User Materials you post or submit do not and will not infringe upon the rights of any third party or breach these Terms of Service. You are solely responsible for the consequences of submitting your User Materials.
- You will not list, post, upload, publish, submit or transmit any User Materials that: (i) are in violation of these Terms of Service, (ii) are fraudulent, false, misleading or deceptive in any manner whatsoever; (iii) are defamatory, inappropriate or offensive; (iv) promote or threaten discrimination, hatred, harassment or harm against any individual or group; (v) promote illegal activities; or (vi) violates any other GrydPark policies as may be in place from time to time. GrydPark may, without prior notice, remove or disable access to any User Materials that GrydPark finds to be in violation of these Terms of Service or GrydPark’s then-current policies or standards.
- You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the GrydPark Platform.
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, its contents or Parking Services:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- violate or infringe anyone else’s rights (including intellectual property rights) or otherwise cause harm to anyone;
- to harass, abuse, insult, harm, defame, slander, disparage or intimidate;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the GrydPark Platform or of any related website, other websites, or the internet;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- offer, as a Providing User, any Spot that you do not yourself own, manage or have exclusive use of;
- unless GrydPark explicitly permits otherwise, book any Spot Offering if you will not actually be using the Parking Services yourself;
- use the GrydPark Platform to request, make or accept a booking independent of the GrydPark Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Spot Offering Fees outside of the GrydPark Platform. If you do so, you acknowledge and agree that you:
- would be in breach of these Terms of Service;
- accept all risks and responsibility for such payment, and
- hold GrydPark harmless from any liability for such payment;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the GrydPark Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the GrydPark Platform.
- You acknowledge that GrydPark has no obligation to monitor the access to or use of the GrydPark Platform by any User or to review, disable access to, or edit any User Materials, but has the right to do so at the sole discretion of GrydPark. Users agree to cooperate with and assist GrydPark in good faith, and to provide GrydPark with such information and take such actions as may be reasonably requested by GrydPark with respect to any investigation undertaken by GrydPark or a representative of GrydPark regarding the use or abuse of the GrydPark Platform.
- These Terms of Service are effective unless and until terminated by us.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may permanently terminate and suspend your GrydPark Account and access to the GrydPark Platform at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to the GrydPark Platform (or any part thereof).
- GrydPark may take the following steps in the event a User breaches these Terms of Services or where GrydPark otherwise determines in its sole discretion that such action is reasonably necessary to protect the personal safety or property of GrydPark, its Users, third parties, the GrydPark Platform, or to prevent fraud or other illegal activity:
- refuse to post, delete or delay any Spot Offerings, Ratings, or other User Materials;
- cancel any confirmed Spot bookings;
- limit your access to or use of the GrydPark Platform; or
- temporarily or permanently suspend your GrydPark Account.
- If your access to or use of the GrydPark Platform has been limited or your GrydPark Account has been temporarily or permanently suspended or these Terms of Service have been terminated by us, you may not register a new GrydPark Account or access and use the GrydPark Platform through an GrydPark Account of another User.
Changes to Terms of Service
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or the GrydPark Platform following the posting of any updates or changes to these Terms of Service shall constitute acceptance of those updates or changes.
Disclaimers, Assumption of Risk, Warrenties, and Idemnification
- GrydPark cannot guarantee the continuous and uninterrupted availability and accessibility of the GrydPark Platform. GrydPark may at its sole discretion restrict the availability of the GrydPark Platform or certain portions thereof.
- If you choose to use the GrydPark Platform or use or offer Parking Services, you do so voluntarily and at your sole risk. The GrydPark Platform and Materials are provided “as is”, without any express or implied warranties of any kind. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Service, including, but not limited to, the implied warranties of merchantability or fitness for a particular use, are hereby excluded.
- You acknowledge and agree that you have had whatever opportunity you deem necessary to investigate the Parking Services, laws, rules, or regulations that may be applicable to your Spot Offerings and/or Parking Services you are receiving and that you are not relying upon any representation or statement of law or fact made by GrydPark relating to any Spot Offering.
- If we choose to obtain any information regarding another User, to the extent permitted by applicable law, we disclaim any warranties of any kind, either express or implied, in relation thereto and the User agrees that they may not rely on GrydPark to identify or warn of any prior misconduct by a User.
- If you allow access to or use of the Parking Services to any other person such as a passenger, you are solely responsible for the acts and omissions of that individual throughout the duration of your Parking Services and to the maximum extent permitted by law, you agree to release and hold harmless GrydPark from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to you or your invitees or any other person during the Parking Services or in any way related to your use of the Parking Services.
- Notwithstanding GrydPark’s appointment as the limited payment collection agent of Spot Offering Users for the purposes of accepting payments from Parkers through the GrydPark Platform, GrydPark explicitly disclaims all liability for any act or omission of any User or other third party. GrydPark does not have any duties or obligations as agent for each User except to the extent expressly set forth in these Terms of Service, and any additional duties or obligations as may be implied by law are expressly excluded.
- IN NO CASE SHALL GRYDPARK, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION ANY LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF OR INABILITY TO USE ANY OF THE GRYDPARK PLATFORM OR ANY PARKING SERVICES PROCURED BY THE USERS IN USING THE GRYDPARK PLATFORM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE GRYDPARK PLATFORM OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE GRYDPARK PLATFORM OR ANY CONTENT (OR SPOT OFFERINGS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GRYDPARK PLATFORM OR THE UNAVAILABILITY OF OR INABILITY TO USE THE GRYDPARK PLATFORM OR THE PARKING SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL GRYDPARK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE GRYDPARK PLATFORM EXCEED THE GREATER OF (1) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO GRYDPARK FOR USE OF THE PARKING SERVICES OVER THE PRIOR YEAR; OR (2) ONE HUNDRED DOLLARS ($100).
- You agree to release, indemnify, defend (at GrydPark’s option) and hold GrydPark its officers, directors, employees, agents, contractors and service providers harmless from and against any claims, liabilities, damages, losses, and expenses including legal fees (on a solicitor and client basis), arising out of or in any way connected with: (i) the breach of these Terms of Service by you or anyone for whom you are responsible for under these Terms of Service or at law; (ii) any improper use of the GrydPark Platform by you or anyone for whom you are responsible for under these Terms of Service or at law; (ii) your use of Parking Services and any interaction with other Users, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use or interaction; (iii) GrydPark’s collection and remittance of any Taxes; and (iv) your breach of any law, regulation or third party right.
- Except and to the extent required by applicable law, in the event of any dispute or claim arising out of or in any way relating to the use of the GrydPark Platform or the Parking Services, in connection with these Terms of Service or any other interaction between you and GrydPark, including, without limitation, regarding the interpretation of these Terms of Service and any rights or obligations or purported rights or obligations created hereunder (each, a “Dispute”), the person initiating the Dispute shall serve notice (a “Dispute Notice”) on the other person and each party to the Dispute covenants and agrees use good faith efforts to resolve the Dispute informally.
- Except and to the extent restricted by applicable law, if the Dispute is not resolved after thirty (30) business days of the delivery of the Dispute Notice, you and GrydPark agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Chambers Inc. The arbitration shall be held in Winnipeg, Manitoba or wherever convenient or necessary, each party acting reasonably. The arbitration shall proceed in accordance with the provisions of The Arbitration Act (Manitoba). There will be no appeals of any kind from the decision of the arbitrator. The language of the arbitration will be English unless otherwise required by applicable law.
- Except and to the extent required by applicable law, you agree that any Dispute between you and GrydPark will be resolved on an individual basis. Any claim, dispute, suit or action (a “Claim”) you may have must be brought by you individually, in your individual capacity and not as a representative plaintiff or class member, and you covenant and agree that you will not join a Claim with claims, disputes, suits or actions of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against GrydPark or its affiliates, successors or assigns.
- Nothing herein will restrict us from seeking interim measures, including preliminary or injunctive relief, from a court of competent jurisdiction.
- The parties agree that GrydPark will not be liable for its failure to perform its obligations hereunder during any period in which such performance is delayed by fire, flood, earthquake, hurricane, blizzard, pandemic; court order; act, delay or failure to act by civil, military or other governmental authority; strike, lockout, labour dispute, war; unavailability of electricity, required parts, materials or other items; information technology malicious attacks, or any other event or condition outside the reasonable control of GrydPark, provided that GrydPark promptly notifies Users of the delay.
- The Agreement shall be governed by, and construed in accordance with, the laws of Canada and the Province of Manitoba. Users and GrydPark irrevocably attorn and submit to the exclusive jurisdiction of the courts of Manitoba to resolve any dispute arising out of these Terms of Service or the use of the Site or the GrydPark Platform.
- These Terms of Service constitute the entire agreement between you and GrydPark with respect to the subject matter addressed herein, and governs your use of the GrydPark Platform. You agree that these Terms of Service supersede any other agreements between you and us with respect to your use of the GrydPark Platform (other than the Owner/Manager Services Agreement). The failure of GrydPark to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the other provisions of these Terms of Service remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED THEREIN. I UNDERSTAND THAT BY USING THE GRYDPARK PLATFORM, I HAVE INDICATED MY ACCEPTANCE TO THIS AGREEMENT. I WARRANT THAT MY USAGE OF THE SITE AND THE GRYDPARK PLATFORM SHALL CONFORM TO AND COMPLY WITH THE TERMS OF THESE TERMS OF SERVICE, AND TO ANY APPLICABLE LAWS AND REGULATIONS.
Last modified: September 21, 2022