I – GENERAL CONDITIONS

Please read the following terms of use carefully (hereinafter “Terms of Use”) of 11216724 CANADA INC., legally incorporated under the Canadian Business Corporations Act, whose registered office is located at 6-2111 chemin Pink, in the city of Gatineau, province of Quebec (J9A 0E6) in Canada and doing business under the name “Services Parkihna” (hereinafter, “Parkihna”).

Parkihna operates this website (hereinafter the “Platform”) which offers an optimized service of renting parking places allowed to users to share parking spaces.

By deciding to use the Platform and Parkihna’s services, the user, that is to say the end user or the organisation he represents or he works for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the utilisation of the Platform, including the Privacy Policy (following this Terms of Use) of Parkihna.

These Terms of Use have the effect of legally binding the User and Parkihna (hereinafter the “Parties”). The Parties are entitled to invoke these Terms of Use and to take all appropriate and necessary measures to enforce them.

If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, he must stop using the Platform.

1. ACCESS AND USE OF THE PLATFORM

If you browse the Platform, it means that you have read, understood and accepted the Terms of Use.

The Plateform is accessible on every web browser.

2. THE SERVICE

The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. Parkihna is not responsible for any interruption of service or updating. Parkihna will try to make the updates when the affluence of visits on the Platform is at its lowest.

Parkihna does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Parkihna reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. Parkihna cannot be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account. Parkihna does not delete anything unless a User requests it.

The User agrees, non-restrictively, to not:

1. Use the Platform in a way that could harm, put out of service, surcharge or jeopardizes the Platform;
2. Disrupt the security or otherwise abuse of the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform;
3. Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform;
4. Download, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;
5. Use a robot, spider or any other automatic devise or manual method to control or copy pages or content of the Platform;
6. Use the Platform to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and
7. Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to his/her use of and his activities on the Platform.

3. INTELLECTUAL PROPERTY

Unless provided otherwise, all intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property”) related to the Platform are the exclusive property of Parkihna. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Platform without the express consent of Parkihna.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of Parkihna.

Without limiting their coverage, the Intellectual Property elements belonging to Parkihna include, non-exhaustively, the following elements:

• All logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform, that are not already subject to Intellectual Property rights;
• Any software, API and material available on the Platform; and
• All database systems available on the Platform.

Unless provided otherwise, any information provided on the Platform belongs to Parkihna and is protected by the applicable laws. Furthermore, the information cannot be copied, displayed, distributed, downloaded, used with a license, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without Parkihna’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Platform.

The User can use the information on the Platform for a commercial use, provided that he indicates on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks.

The pictures and the text contained on the Platform that are downloaded, copied, saved or printed are still subject to the Terms of Use. The User needs to assure himself that all the notices regarding copyrights and trademarks are still on them. The Platform’s content can be modified at all times without warning. For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact us at the following e-mail address: info@parkihna.com.

Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.

Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

Subject to applicable laws, the User is the owner of all content that he has created, imported, submitted or stocked on the Platform and he is liable for insuring to have the rights on this content.

4. EXTERNAL LINKS

It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, Parkihna provides on its Platform links to other websites only for User-friendly and informative purposes. Parkihna has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy. Parkihna is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. Parkihna has no influence on the content to which the External Links refer to. Parkihna does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, Parkihna does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.

Furthermore, Parkihna does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. Parkihna does not guarantee the absence of virus or any other harmful composites on those websites or on their content.

Parkihna also does not guarantee the accuracy of documents available on Internet.

5. SOCIAL MEDIA

The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Medias”).

5.1 General statement

By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User agrees to be bound by and to obey the present Terms of Use, Parkihna’s privacy policy as well as Social Media providers’ terms and conditions, if any.

5.2 Terms of use of Social Media

Some comments and other elements displayed on Social Media pages may not represent Parkihna’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages concerning Parkihna:

• Any defamatory content;
• Offensive;
• Obscene;
• Misleading;
• Illegal;
• Violating in any other way the rights of others (including privacy rights);
• Any advertising content;
• Promotional documents or any other form of undesired solicitation;
• Any content whose origin or source is falsified;
• Any financial or personal information about you or anyone else; and
• Any information that Parkihna would judge to be a breach or its Terms of Use.

Any information, message, link or item that, according to Parkihna, enter in either one of the categories listed above will be deleted without engaging Parkihna’s liability.

In addition, Parkihna does not assume responsibility for filtering messages posted on Social Media.

Parkihna is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.

6. DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

Parkihna does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Platform. This information is provided "as is" without warranty of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of warranties.

Parkihna is not responsible for the content posted on the Platform by the User and for any damage that may result. Each User is responsible for the content he exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

Parkihna shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if Parkihna has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

As a User, you will indemnify Parkihna, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of Parkihna, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and the service and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.

You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

7. APPLICABLE LAWS AND JURISDICTION

The Platform and its content are managed by Parkihna from its offices located in the Province of Quebec in Canada. The Platform, its content, the Terms of Use and your use of the Platform are regulated by the applicable legislation of Quebec and Canada, without giving effect to no principle regarding conflicts of laws.

You accept that any question or litigation regarding the Platform and your use of it be exclusively settled by the courts of the province of Quebec.

8. AMENDMENTS TO THESE TERMS

Parkihna occasionally updates these Terms of Use. Continued use of the Platform constitutes the User’s agreement to these Terms of Use and to its updates. 

The User accepts and recognizes that Parkihna reserves the right to modify or supplement these Terms of Use at any time, at its sole discretion and without notice. If you object to any changes to these Terms of Use, please cease all use of the Platform. Parkihna will attempt, as much as possible, to inform Users of any changes to these Terms of Use, however it is your responsibility to review them regularly to be informed of any changes that may be made.

However, when the Consumer Protection Act applies, Parkihna will notify thirty (30) days prior to the coming into effect of the modification of the present Users of the Platform. If the User refuses these changes and wishes to no longer use the Platform, he will have no later than thirty (30) days following the entry into force of the amendments to send a notice to Parkihna.

II – COMMERCIAL CONDITIONS

1. DEFINITIONS AND SERVICE

 

1.1 Hereby the ‘’Host ‘’ is who has the entire right on the parking lot and list a parking lot on the platform Parkihna. Host and Landlord have the same signification.

1.2 Hereby the ‘’ Guest’’ is who has booked a parking lot listed on the platform Parkihna.com. Guest and Tenant have the same signification.

1.3 Terms and conditions are rules to respect for and when using the Parking sharing platform services, Parkihna. Refusing these terms and conditions don’t allow to use Parkihna services. For using Parkihna’s services, you must accept these terms and conditions when creating your account.

1.4 These Terms and conditions can be changed at any time without having to inform user. User is invited to check, regularly, the updates of these rules on the website: www.Parkihna.com.

1.5 Parkihna offers to users a platform to share parking spaces for which they are legally entitled.

1.6 Parkihna also offers to owners of commercial parking spaces the opportunity to optimize their performance with better management of their spaces.

1.7 The Host 'Landlord' leases his parking space for a fee that suits him. He is free to choose the price and availability of his parking. He may change these rental conditions at any time while the parking is not rented. When the preferences of the Host are established, he mandates Parkihna to manage the display of availability of his parking space in a recurring way.

1.8 The information provided by the Host and the Guest does not allow direct communication between them. They interact with each other via the Parkihna platform. Any attempt to use this information to make a direct agreement is considered a violation of the terms and conditions of use, the access rights to the platform may be canceled.

1.9 The Guest will receive the details of the parking booked after the validation of his reservation by email or SMS. The parking address will only be sent after the validation of his reservation.

1.10 The Host will receive a notification when the rented parking is reserved by a Visitor. Parking becomes unavailable until the end of the rental period if the Guest has not extended the term of the lease.

1.11 For any reason, the Guest may receive a cancellation notice. he may choose a new reservation when another parking is available. Otherwise, he is entitled to a full refund of his reservation.

1.12 When parking is available, it is displayed in green. When it is not available, it is displayed in red. Guests can only booked green categories of parking lots listed. Red categories appear to give users more information on parking lots.

1.13 Parkihna is not liable for any damage suffered by one of the parties linked to another with a service agreement concluded via the Parkihna platform. The steals, vandalisms and damages to the parking space or any other damage are the responsibility of the author of the act. Parkihna is free from any liability.

1.14 Parkihna is free from any liability in the event of any neighborhood dispute related to parking sharing activity via Parkihna.com. it is up to the users to make sure that sharing activity is working properly and to settle their problems with neighbors.

2. PERSONAL DATA

2.1. The personal data provided by the users remain confidential. Parkihna does not give any confidential information to another party for any reason. The only information transmitted is that which facilitates the exchange of services between the two parties.

2.2 Anyone wishing to use Parkihna services must register. Upon registration, he declares that he has legal age and has the necessary rights to enter into a service agreement with others. He also undertakes to provide accurate information on his identity and identification of the place rented and the payment information required to make a payment transaction.

2.3 If user provides inaccurate or ironic information or for any other reason deemed relevant by Parkihna, the rights of access to the services will be suspended. It may be suspended too when Parkihna deems it necessary.

2.4 The username and password to access to your account remains a property of Parkihna, this is not an element of your personal information. Parkihna is free from any liability for using this information by another person. It is strongly recommended to keep this information safe from unauthorized use.

3. HOST RESPONSIBILITIES

3.1 It is the responsibility of the Host to keep the parking space free at the time of arrival provided by the service agreement. Otherwise, no payment will be made from the Guest's account. An evaluation system is available to Guest to assess Host. This system makes it possible to disseminate to the community of users the appreciation of the past experiences on the respect of commitments. Host with very bad reliability ratings may have their service access removed.

3.2 It is the responsibility of the Host to clear the space of anything that may prevent the Guest from parking on his arrival. If the Host anticipates that the space will not be cleared for any reason, he must change the availability of the space until he will be able to put it in good condition for renting or removed it from listing parking lots.

3.3 It is the responsibility of the Host to post the right information about the availability of his space to rent. Parkihna only displays the availabilities as pre-established by the Host on a recurring basis. Parking space will be available for booking automatically as soon as it is free.

3.4 It is the responsibility of the Host to give all necessary information so that there will be no confusion about the location of the space to be rented such as a good description of the place, address and other information. Pictures of his parking space is strongly recommended to better identify his parking.

3.5 By displaying his parking by hour, the Host implicitly grants a grace period to his Guest who has reserved his parking. This grace period is for a maximum of 15 minutes.

3.6 By accepting terms and conditions, the Host authorizes to Parkihna performing all necessary checks to ensure that he has all rights to rent his parking. He authorizes Parkihna to verify all information provided in his account with authorities or whoever can confirm this information.

4. GUEST RESPONSIBILITIES

4.1 It is the Guest's responsibility to release the space occupied on time at the end of the rental period. He may extend his tenancy as long as it is within the period of availability displayed by the Host. A reminder by email or SMS will be sent half an hour before the end of the rental period.

4.2 When Guest wants to cancel his booking parking, he must doing a request by email to info@parkihna.com with details of his reservation 1 hour before the scheduled time of his arrival for short-term rentals (by hour) and before 24 hours for other type of rentals. if the reservation is made on the same day of arrival for long term rentals, no deduction is made from the Guest's account. If the request of cancellation is on time, Parkihna do a refund of all charges paid by guest. Otherwise, guest will not receive any refund.

4.3 If the Guest fails to respect the time of departure and leaves his car parked on the reserved spot after the scheduled departure time, without extension when possible, he is aware to pay all towing charges. The Host and Parkihna have all right to order for a towing service to remove car from the space occupied.

5. FEE AND PAYMENT

5.1 Registration for the use of the Parkihna service is completely free, but subject to the acceptance of the present terms and condition.

5.2 As long as the parking space is not rented, the Host will not pay any fees. When his parking space is booked, a commission of 10% is applicable on each reservation did through Parkihna’s platform.  Host pay One ($ 1) additional dollar for each parking booked.

5.3 Guest makes payment by credit card after confirming information appear in the resume of his reservation. He will receive E-mail or SMS confirmation with details of reservation a few minutes after payment.

5.4 It is the responsibility of the Host to give correct and complete information so that the payments of rentals are paid into his account. Parkihna is free from any liability if he provided incorrect information of his account.

 

Last update in 25 July 2019