Driver/Owner Parking License Agreement – Parker

This Parking Space License Agreement (“Agreement”) is between the Driver who books a parking space via Parker’s website or mobile application (the “Site”) and the Owner of the licensed parking space (the “Parking Space”).

The Owner represents and warrants that they own or are authorized to license the Parking Space. This Agreement sets the terms between the Driver and the Owner. Both parties are responsible for ensuring anyone assisting them complies with this Agreement.

Parker acts as the Owner’s agent but is not a party to this Agreement. Parker is an intended third-party beneficiary with the right to enforce this Agreement but holds no obligations to either party.

The Owner grants the Driver a license to use the Parking Space for the dates and times specified in the booking (the “License Period”). The Driver is not a tenant and does not have exclusive possession.

Booking and Payment

• All bookings must be made through Parker, which manages the booking and payment process on the Owner’s behalf.

• Payments made to Parker are on behalf of the Owner and satisfy the Driver’s payment obligations.

• The Owner acknowledges that fees paid to Parker discharge the Driver’s obligations for that booking.

Cancellation Policy

• Hourly bookings are non-cancellable; the Driver is charged in full.

• Monthly booking cancellations must be submitted at least 72 hours before the start time.

• Parker mediates disputes and has final authority on cancellations and refunds.

• Cancellation requests must be processed via the Site; failure to follow this procedure means the Driver is liable for the full fee.

• Exceptional circumstances may allow for refunds at Parker’s discretion.

• Owners must honor bookings unless exceptional circumstances arise. Non-exceptional cancellations by the Owner entitle the Driver to a full refund and any additional costs will be the Owner’s responsibility.

All refund or compensation decisions made by Parker are binding.

End of License Period

• The Driver must vacate the Parking Space at the end of the License Period.

• Overstays incur additional fees (half-hour increments) collected by Parker on behalf of the Owner.

• If overstaying exceeds 2 hours, the Owner may remove the vehicle at the Driver’s expense.

Driver Obligations

• The Driver is responsible for their own safety and vehicle.

• Only the registered vehicle may use the Parking Space; the license is non-transferable.

• The Driver must:

  • Keep the Parking Space clean and park considerately.

  • Report any damage immediately to the Owner and Parker.

  • Not conduct illegal or commercial activity.

  • Maintain required vehicle insurance.

  • Indemnify the Owner against losses caused by the Driver’s negligence.

  • Act courteously towards the Owner.

• The Driver must not access other areas of the property.

Owner Obligations

• The Owner must not deliberately create safety risks.

• Parking Space listings must be accurate, including vehicle suitability and access restrictions.

• The Owner must ensure availability, unobstructed access, and cleanliness.

• Only the registered Driver and vehicle may use the Parking Space.

• The Owner must indemnify the Driver against losses caused by the Owner’s negligence.

• The Owner must act courteously and assist the Driver in locating the Parking Space.

Complaints, Claims, and Liability

• Parties must first attempt direct resolution of disputes.

• If unresolved, disputes may be referred to Parker, whose decisions are binding, including refunds or compensation.

• Neither party is liable for lost profits, data, or indirect/consequential damages.

• Owner liability (excluding fraud, willful damage, or personal injury/death) is limited to replacement Parking Space costs or fees paid by the Driver, whichever is higher.

• Driver liability (excluding fraud, willful damage, or personal injury/death) is limited to fees paid or payable.

General Release
Owner and Driver release and hold Parker, its affiliates, employees, and agents harmless from all claims, disputes, damages, costs, and liabilities arising from this Agreement, except in cases of fraud or fraudulent misrepresentation by Parker.

General

• Parties confirm they have authority to enter into this Agreement.

• Obligations may not be assigned or subcontracted, except as carried out by Parker as agent.

• Neither party is liable for delays or failures due to force majeure events (e.g., severe weather, strikes, government action).

• This Agreement supersedes prior agreements or representations and represents the full agreement between the parties.

• Invalid provisions will be struck while enforcing the remainder.

• Governed by the laws of Ontario and applicable federal laws.

• Failure to act on a breach does not waive rights to enforce other breaches.

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PARKER Owner Agreement

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1. These Terms and Conditions (“Terms”) will apply at any time you (“you” or the “Owner”) the owner or operator of one or more parking spaces (each a “Parking Space”) use any websites and mobile applications (collectively, the “Site”) made available in Canada by Parker Inc.. (“us”, “we” or “PARKER”) or use any services (“Services”) provided or arranged by PARKER including the provision of a technology platform to arrange and schedule parking with registered drivers and by continuing to use the Site or the Services you agree to be bound by these Terms, which establish a contractual relationship between you and PARKER (the “Agreement”)

2. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Your continued use of the Site or Services following the posting of any changes to these Terms will mean you accept those changes. Please check these Terms regularly for updates.

3. Please note that these Terms apply only to the provision of Services directly by us to you, namely the provision of a technology platform to arrange and schedule parking with registered drivers (“Drivers”). These Terms do not apply to the licensing and use by Drivers of the Parking Space itself which is dealt with under the terms of your Driver/Owner License Agreement with such Drivers.

4. The Driver/Owner License Agreement and any additional restrictions included in your listing are a contract between you and the Driver. WE ARE NOT A PARTY TO THAT AGREEMENT AND WE WILL NOT BE LIABLE TO YOU, THE DRIVER OR ANY THIRD PARTY FOR ANY BREACH OF THE DRIVER/OWNER LICENSE AGREEMENT OR OTHERWISE IN RELATION TO THE PARKING SPACE. YOU ACKNOWLEDGE THAT WE ARE NOT A REAL ESTATE BROKER, AGENT OR INSURER AND THAT WE HAVE NO CONTROL OVER THE CONDUCT OF DRIVERS OR PARKING SPACE OWNERS. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY RELATED TO THE CONDUCT OF ANY DRIVER AND DISCLAIM ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

Registration

1. You will not be able to list a Parking Space through the Site or use the PARKER mobile application if you have not registered an account with us (an “Account”).

2. To register we will require that you provide us with your name, address, date of birth, phone number and a valid email address as well as at least one valid method of payment. We may also require additional information from time to time. You agree to maintain accurate, complete, and up-to-date information in your Account. Please note that we may use any personal information that you provide to us in accordance with our privacy policy (“Privacy Policy”). The Privacy Policy forms part of this Agreement.

3. By registering, you warrant that you are at least 18 years of age.

4. You may not have more than one account and we reserve the right at our discretion to close the account of any person who in our opinion possesses more than one account at any time

5. You will be asked to create a password when registering. If you reveal your password to a third party who then accesses the Site or uses our Services, that third party will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party who has gained access to your account.

6. You must supply a valid email address and a valid phone number when registering so that we can email booking confirmations and other information relating to your use of our Services. You consent to receive communications from us by email and phone and you agree that all agreements, notices, disclosures and other communications that we provide to you by email and phone satisfy any legal requirement that such communications be in writing. We will not be held responsible if you fail to provide a valid email address or phone number and you do not receive a booking confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address or phone number, please contact us immediately to update your Account information.

7. We may suspend or close your Account at any time if, in our sole opinion, you are in breach of any term of this Agreement or any term of a Driver/Owner License Agreement. If we suspend or close your Account you will not be able to use our Services any longer and may not be able to access all areas of the Site. In the event that your Account is closed, you will not be entitled to register again.

Services and Listing

1. We may advertise your Parking Space on our Site and provide information to Drivers and prospective Drivers who may wish to use the Parking Space.

2. You will be required to complete your own listing for the Site. In your listing you agree to provide all relevant information about the Parking Space including:

   1. the address of the Parking Space;

   2. any restrictions on the types of vehicles for which the Parking Space is suitable;

   3. any other information or restrictions that apply to the Parking Space and that a Driver should be aware of before booking the Parking Space.

3. You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You may be liable to the Driver under the Driver/Owner License Agreement if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Driver as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise.

4. We reserve the right to conduct a physical inspection of the Parking Space at any time and may remove your listing if the Parking Space does not conform to the information you have provided or our standards or we believe you to be in breach of your obligations under clause 11 (Your Obligations).

5. In addition to advertising the Parking Space, we will be entitled to send promotional emails to Drivers and provide such information about your Parking Space as we may deem appropriate to promote PARKER or your Parking Space.

Appointment as Agent

1. You appoint us as your agent for the purposes of forming binding agreements between you and the Driver to whom you agree to grant a license to use the Parking Space. You also appoint us to collect payment from the Driver.

2. At the time we confirm the booking of the Parking Space and receive payment from the Driver (see clause 6 below), a binding agreement will be formed (the “Driver/Owner License Agreement”) between you and the Driver. The agreement will be on standard terms and will only include any additional restrictions relating to your Parking Space if listed by you in accordance with clause 3(ii)(c).

3. You may not incorporate any additional terms into the Driver/Owner License Agreement other than the restrictions clearly included in your listing. You agree not to propose any additional terms to the Driver or amendments to the Driver/Owner License Agreement after a booking has been made without our consent. The Driver is not obliged to accept any further terms once we have accepted a booking on your behalf.

Bookings

1. The Site will allow you for two methods of listing Parking Spaces: Instant Booking and Booking by Agreement. Further, a Parking Space can be rented in two time increments: hourly and monthly. All listings can use Instant Booking. Booking by Agreement can be used for monthly Parking Spaces only. Please note that you can simultaneously list your Parking Space both time increments when using instant booking.

2. Instant Booking

   1. Where you elect to use Instant Booking your Parking Space will be treated as available unless you inform us otherwise. It is your responsibility to dictate availability of your spot. You are able to change this at any time through our mobile application. The only time you are unable to change is if a Driver is currently parking in your spot under licensed time period. Based on the availability information you have provided to us, we will tailor the Site listing for your Parking Space. If you have not changed your settings to make your spot unavailable for a particular date or time then you may be liable to pay the reasonable costs of alternative arrangements for a Driver who makes a booking for such date and time.

   2. Where Instant Booking is used, you agree that we will manage the entire booking process and you authorize us to accept a booking for an available date and issue a Driver/Owner License Agreement without contacting you. We will accept payment from the Driver on your behalf at the time of booking as set out below.

3. Booking by Agreement

   1. If you choose to have your Parking Space rented out via Booking by Agreement, then the Site will allow Drivers to enquire about the availability of your Parking Space. Any enquiries about prospective bookings will be sent to you automatically by email and/or by text message. Each enquiry will include (where the information is available) the proposed date(s) or periods of the booking. You agree to confirm with us as soon as practicable whether or not the booking is accepted. You can confirm a booking by signing into the Site and approving the relevant enquiry.

   2. Owners have 72 hours to reply to an enquiry before it lapses. You acknowledge that during and after this 72 hour period after the enquiry is sent by the Driver, we may suggest alternative parking spaces to the Driver who has made the enquiry.

   3. If the booking is accepted by you, we will notify the Driver who can then book the Parking Space for the agreed times (the “License Period”). Upon the Driver confirming the booking, we will issue a Driver/Owner License Agreement on your behalf to the Driver, we will provide the Driver with the contact details you have supplied, and we will accept payment from the Driver on your behalf at the time of booking as set out below.

Payment

1. For short-term bookings (any Parking Space License Period of 5 weeks or less) when we will accept payment from the Driver for the full amount due in respect of your booking at the time of booking.

2. For long-term bookings (any Parking Space License Period of more than 5 weeks) we will accept payment from the Driver for the first month’s license fee on booking and we will collect a further month’s payment in advance each calendar month thereafter until termination of the license.

3. You authorize us to accept and hold such payments on your behalf. We will forward the initial payment to you that we have received from the Driver 5 business days after the start of the License Period or 5 business days after the period covered by a subsequent payment in the case of a long term booking. We reserve the right to waive this escrow period.

Chargebacks

1. From time to time we may collect payment on your behalf from a Driver which either (i) we have to repay to a Driver’s credit card provider or (ii) which is deducted from a retention we have with our credit card processors (a “Chargeback”). If we are subject to a Chargeback in respect of a booking of your Parking Space you agree that:

   1. we will not be under any obligation to make payment to you of any amount that is the subject of a Chargeback and any claim you have for non-payment of Parking Space License fees will be against the Driver (and we will not be obliged to pursue such claim); and

   2. if we are subject to a Chargeback after we have already made payment to you then you agree that you will repay to us an amount equivalent to the Chargeback (less our fees).

2. In the event of a Chargeback in relation to an amount we have already paid to you we reserve the right to deduct an amount equal to the Chargeback from any credit or debit card details you have supplied or from payments received from Drivers for future bookings until we have been reimbursed in full and may use any credit or debit card details you have provided for such purposes.

Parking Spaces

1. Before any License Period you must ensure that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Driver under the booking.

2. You represent and warrant that:

   1. you own the Parking Space or that you are authorized to allow third parties to use the Parking Space and, where necessary, you have permission from your landlord, tenant or condominium association (or other persons who control any condominium of which the Parking Space is a part) to do so. If you are in any doubt you should check the terms of your lease (or sublease), freehold title, mortgage, deed of trust, condominium documents or any other documents of record to ensure that you are able to grant a license to use your Parking Space in the manner envisaged by this Agreement and/or your agreement with Drivers.

   2. you have all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.

3. You agree to notify us immediately upon receiving any notice, correspondence or contact in any other form from any landlord, tenant or condominium association (or other persons who control any condominium of which the Parking Space is a part) or any governmental authority, in connection with the use of your Parking Space for purposes envisaged by this Agreement and/or your Driver/Owner License Agreement; and upon request, you agree to provide copies thereof to us. Following such notice from you we reserve the right to terminate this Agreement and remove the Parking Space from the Site.

4. You agree that we will not be liable to you, the Driver or any other third party (such as a landlord, tenant, condominium association (or any other persons who control any condominium of which the Parking Space is a part) or management company) if you do not have the necessary authority and approvals referred to in clause 8(ii) above and you agree to indemnify and hold harmless PARKER for any loss we may suffer as a result of your breach of the representation and warranty above.

Complaints and Disputes

1. You agree that if you have any dispute with a Driver concerning your Parking Space or any use of the Parking Space you will attempt to resolve it in the first instance by directly communicating with the Driver.

2. In the event that a dispute cannot be resolved with the Driver directly you may refer the dispute to us or make a complaint. Similarly, a Driver may refer a dispute to us. In either case, you authorize us to deal with the dispute or complaint as we see fit and you agree to abide by any decisions we may make in such circumstances, which may include requiring you to refund any payments you have received or requesting that a Driver pays any outstanding amounts in relation to the relevant booking.

3. You agree that we may use any funds we are holding on your behalf in order to settle a dispute with a Driver and that we are authorized to deduct sums from the debit or credit card details you have supplied

Cancellation and Termination

1. You agree to abide by the cancellation policy set out in the Driver/Owner License Agreement (“Cancellation Policy”).

2. Furthermore, you agree that if a Driver wishes to cancel a booking they may do so through us and our Site. If we are required to process a cancellation, we will do in accordance with the Cancellation Policy.

3. If we have received any payments in respect of a booking before a License Period begins and such booking is subsequently cancelled by you or the Driver you authorize us to refund the Driver from any payments we are holding on your behalf. Where you have received payments directly you are required to refund the Driver in accordance with the Cancellation Policy.

4. We reserve the right to cancel your Account and terminate this Agreement if you do not refund a Driver within the timeframes specified in the Cancellation Policy. We may also collect payment from the debit or credit card details you have supplied and use these to discharge your liability to a Driver for a cancelled booking.

Your Obligations

1. You agree:

   1. that you have the power and authority to enter into this Agreement and any agreement with a Driver for the use of a Parking Space;

   2. to honour all accepted bookings with Drivers;

   3. to provide your Parking Space in accordance with the details and information set out in your Site listing;

   4. not to create any false Account with PARKER or use your Account with PARKER for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering;

   5. to deal with all Drivers in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;

   6. to deal with all queries from Drivers relating to a Parking Space or booking in a prompt and satisfactory manner;

   7. to comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties;

   8. subject to clause 9, use your best endeavors to settle any disputes that may arise during a Driver’s License Period including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the Driver may still fulfill his booking; and

2. To use PARKER as your exclusive agent for the purposes of making and accepting bookings from Introduced Drivers. For the purposes of this clause an “Introduced Driver” means any person who:

   1. has made a booking of your Parking Space through PARKER; or

   2. has made an enquiry about your Parking Space through PARKER (whether or not such person completed a booking); or

   3. has become aware of you or your address or the address or location of your Parking Space directly or indirectly as a result of your listing with PARKER; or d) has made you aware of their need for parking through PARKER whether or not in any of the above scenarios such person completes a booking with you or a third party (“Introduced Parking Space Owner”). In the event of a booking between an Introduced Driver and an Introduced Parking Space Owner the Terms contained in this Agreement that relate to fees payable to PARKER will apply to the Introduced Parking Space Owner.

3. In the event that you arrange any booking or rental of or grant a license to use your Parking Space to an Introduced Driver (or any other person who is responsible for or entitled to drive the same car as an Introduced Driver) within a period of 12 months from the end of any Introduced Driver’s License Period (if the Introduced Driver makes a booking) or the date on which we introduced the Introduced Driver to you or the Introduced Driver became aware of you or your Parking Space through PARKER, then you will be liable to us for the fees we would have received had such a booking been made in accordance with the Terms of this Agreement. You will also be liable for the costs we incur in enforcing this clause 11(ii) and we reserve the right to deduct such fees and costs using the debit or credit card details you have supplied to us or by reducing your PARKER balance accordingly.

4. We reserve the right to inspect the Parking Space at any time to verify any fees due in accordance with clause 11(ii).

Credit Card Details

1. In order to register an account you may be required to provide us with credit card or banking details to enable us to make payments to you. We are also authorized in exceptional circumstances to use these details to deduct any payments you may owe to us or to a Driver. Certain functionality and features may be available only to those who have provided debit or credit card details to us or through your PARKER Account.

Publicity

1. We may refer to you or your Parking Space at any time in the future to publicize ourselves or our Site.

Termination

1. We may immediately terminate this Agreement or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

2. If we terminate this Agreement, the Terms of this Agreement will continue in full force, so far as such Terms relate to existing bookings or the consequences of any previous booking (including Terms relating to fees, disclaimers, liability and damage). For further clarity, you agree to honor any outstanding bookings you agree to indemnify us on a continuing basis in respect of any cancelled booking.

3. If existing bookings cannot be honored (e.g. because you sell the property to which the Parking Space is attached), then you will be fully liable to us (under the Terms of this Agreement) for all associated costs, charges, damage and liability which we may incur as a result and you agree to indemnify us on a continuing basis in respect of any such cancelled booking.

4. You are hereby made aware that you may also be liable to the Driver (under the Driver/Owner License Agreement) for any reasonable associated costs, charges, damage and liability which the Driver incurs as a result of any of the events described in clause 14(iii), including the Driver’s costs of having to make alternative parking arrangements.

Insurance

1. You will be entirely responsible for any and all insurance that you may require for the purposes of granting any license to use your Parking Space.

Disclaimers

1. If you choose to use the Site and Services, you do so at your sole risk. You acknowledge and agree that PARKER does not have an obligation to conduct background checks on any Driver. The Site and Services are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, PARKER explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. PARKER makes no warranty that the Site or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. PARKER makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site or Services.

2. No advice or information, whether oral or written, obtained from PARKER or through the Site or Services will create any warranty not expressly made herein.

3. You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Drivers. You understand that PARKER does not make any attempt to verify the statements of users of the Site or Services or to review or visit any Parking Spaces. PARKER makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site, or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Drivers, particularly if you decide to meet in person.

Indemnity

1. You agree to defend, indemnify and hold harmless PARKER, its affiliates, and their respective officers, directors, managers, employees and agents (“PARKERIndemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to lawyer’s and accountant’s fees) arising from: (i) your actions or omissions in relation to the Services, the Site, the Parking Space or any booking; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that any content uploaded by you to the Site caused damage to a third party; (v) your violation of any law, including any applicable provisions of laws, statutes, rules, regulations, municipal by-laws or government policies; or (vi) your breach of the Driver/Owner License Agreement. This defense and indemnification obligation will survive this Agreement and your use of the Site. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify PARKERIndemnitees.

Limitation of Liability

1. PARKER will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will PARKER be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Site or Services, (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site or Services or any booking with a Driver, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party, or for any loss or damage of any kind incurred as a result of your use of the Site or Services, however caused and under any theory of liability even if we are advised of the possibility of such damages. You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and you further agree that these limitations will apply to the full extent permitted by law and irrespective of the nature of the cause of action, demand, or action by you including but not limited to breach of contract, negligence, tort, strict liability or any other legal theory and will survive a fundamental breach or breaches or the failure of the essential purpose of this Agreement or of any remedy contained herein.

2. For the avoidance of doubt, the liability excluded under clause 18(i) includes any loss arising from your dealings with any Driver or arising from the Parking Space and we shall have no liability to you whatsoever for any act or omission of the Driver in connection with the Parking Space or a booking. We will not be liable to you in the event of a claim by a Driver against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Driver in such circumstances.

3. Our liability to you for all losses under this Agreement is capped at the total fees paid by you to us under this Agreement.

4. No claim may be brought against us in relation to this Agreement more than 12 months following the date on which your Parking Space to which such claim relates was last promoted on our Site.

5. You agree that the exclusions of liability contained in this clause 18 are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Site and Services and responsibility for the Parking Space and fulfillment of a booking lies solely with you for whom we act only as an agent in a limited capacity.

6. The liability excluded under this clause 18 excludes situations where fraud, willful concealment or theft shall be shown to have taken place on our part and nothing in this Agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.

Non-solicitation

1. You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of PARKER or any Driver or other Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Site.

Referral Reward Program

You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of PARKER or any Driver or other Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Site.

1. You have an Account on the Site;

2. The referred user may not already have an Account (active or inactive) on the Site;

3. The referred user must sign up for an Account using the activation link of the referral invitation;

4. You will not receive rewards if you’re the Owner on a booking with a person you refer. Additionally, if both a Driver and Owner are referred by you, you will not receive rewards if they book with one another.

5. Your rewards will be released approximately two weeks after the qualifying Parking Space booking is made.

6. We reserve the right to terminate the Accounts of referring or referred users, if, in our sole discretion, they have acquired rewards by fraud or have used or attempted to use the acquired rewards in a way that violates these Terms.

7. We reserve the right to terminate the Program or change the terms at our own discretion at any time.

8. All questions or disputes regarding eligibility for the Program or the eligibility of rewards for accrual will be resolved by PARKER in its sole discretion.

General

1. Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the physical or electronic address of the other party as may be notified by one party to the other.

2. No term of the Agreement will be enforceable by any person that is not a party to it.

3. You may not assign this Agreement without our written approval. We will be entitled to assign or sub-contract our obligations under this Agreement without your consent.

4. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.

5. Each party acknowledges that the Agreement, including the Privacy Policy, contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it. In particular, it is agreed that any terms and conditions or other contractual documentation maintained by you or your affiliates or which you purport to apply to the subject matter of the Agreement will not apply.

6. You agree that these Terms are fair and reasonable in all the circumstances. However, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

7. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

8. Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

Governing Law and Jurisdiction

1. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to the principles of conflicts of law.

Dispute Resolution

1. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario. Any arbitration, mediation or other conciliatory process must be initiated and carried out in Ontario.

2. You acknowledge that PARKER’s rights and your obligations to PARKER are of a unique and irreplaceable nature, the loss of which shall irreparably harm PARKER and which cannot be replaced by monetary damages alone so that PARKER shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

3. Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or contPARKERsy of any other party.

4. You agree that the provisions in this clause 23 will survive any termination of this Agreement.