This document, together with the information contained herein or provided through the FA Parking mobile application, is a contract between you (the «User») and FA Tech (the «FA», «we», «our»), with respect to the conditions associated with the use of the service (the “Agreement”). User should read all terms and conditions carefully before using the service. By using or accessing the Service in any way, User accepts and consents to all terms and conditions set forth in this Agreement. If at any time User does not or cannot accept the terms of this Agreement, User shall cease accessing or using the Service and uninstall the Service.
Use of the service
Use of the Service may require the use of an electronic device, telephone service, mobile wireless data service, text messaging or email which must be obtained from a carrier mobile phone or internet. The user is responsible for obtaining the appropriate devices allowing the use of the service and for assuming the usual or additional costs related to these devices in connection with the functionalities of the service that he requires.
The user is prohibited from authorizing a third party to use or access the service.
The user is solely responsible for the settings of use chosen for the service, for the management of his user account.
The user agrees that he is responsible for all activities and operations carried out on his user account or with his email, by him or third parties. If the user believes that a third party has obtained or guessed access to his email, he must regenerate a new account as soon as possible to obtain login and authentication code for the service.
When FA requires the user to provide personal information that he refuses or omits to transmit, the user accepts that certain functionalities or content of the service are unavailable for his use.
Statements of offense
The City of Montreal and its boroughs are the entities responsible for regulations and policies regarding parking, pricing and signage. FA is not, however, responsible for the management, collection or contestation of statements of offence.
Features offered by the service
The user is responsible for managing the parking periods paid for through the service.
The service finds and optimally determines the parking space close to the place of destination initially entered by the user, identifiable by means of a space number.
It is the user’s responsibility to ensure that no parking ban applies to the chosen location before leaving their vehicle. FA cannot be held responsible for any consequence
Service unavailability
Although FA makes every effort to ensure this, it is possible that the service may not be available for an indefinite period, due to technical difficulties or connections, technological incompatibilities, breakage, bad weather or situations beyond the control of FA.
Interdictions
To maintain access to the service, the user agrees to refrain from the following actions:
- Impersonate or misrepresent their relationship with a person or entity;
- Access or use areas of the Service or computer systems of FA or its suppliers that are not public;
- Attempt to probe, explore, assess, or exploit any vulnerability in the Service or a related FA system or network, or violate any security or authentication measures employed as part of the Service and systems and networks of AM or its suppliers;
- Attempt to decrypt, decompile, disassemble or reverse engineer (“Reverse Engineering”) the software used to provide the service;
- Harm or threaten to harm other users in any way, or thwart or attempt to thwart a user’s, host’s, or network’s access, including by transmitting a virus to the service, overload, flooding and/or bombardment of emails, or spam (“spam” or “spam”);
- Use the Service in an abusive manner that is contrary to its intended use, documentation, or FA’s reasonable guidelines.
FA reserves the right to investigate any alleged violation of the aforementioned conditions and to take legal action in this regard, in particular in the event of a violation of an intellectual property right or an attack on FA’s application or information security. or its suppliers, to the fullest extent permitted by law. In this regard, FA may seek the assistance of and cooperate with law enforcement authorities in pursuing legal action against users who violate this Agreement or the provisions of any law in connection with the use of the service. The user acknowledges that, although FA is not required to monitor his access to the service or his use of it, it has the right to do so in the context of the operation of the service, in order to s to ensure User’s compliance with this Agreement or to enable FA to comply with applicable law or the order or requirement of a court, administrative agency or other government agency.
Intellectual property rights
The Service and any content delivered through the Service are protected by copyright, trademark and other domestic and foreign intellectual property laws. All rights, titles, and interests relating to the service belong to FA and its suppliers as assignees or exclusive licensees or not. Except as expressly permitted in this Agreement, User may not produce, reproduce, publish, modify, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit the Service, nor than any content disseminated through the service, commercially or not, or create derivative works thereof.
Any use of the Service or any content delivered through the Service that is not expressly authorized herein is strictly prohibited.
Protection of personal information and anti-spam provisions
By using the service, the user consents to FA collecting personal information about him or technical data. For more information regarding the collection, use and retention of personal information and technical data, the user is invited to consult FA’s Privacy Policy; policy to which the user must consent in order to access the service.
Link to other services
The Service may include connections or links to third-party services, websites, applications or software, social media accounts or content that are not operated or supervised by the Agency (hereinafter, the ” Third Party Services”). FA has no control over such Third Party Services and cannot be held responsible for the availability of such Third Party Services or the statements made through such Third Party Services or the Third Party Services’ use of personal information or technical data. or otherwise of any user that is collected, transmitted, stored, used or shared through any Third Party Service.
Compensation
The user agrees to take up the cause of FA, its officers, directors, affiliates, employees and agents, as well as its licensors, suppliers and subcontractors, and to indemnify them against claims, obligations, damages, losses and expenses, including reasonable legal and accounting fees, that are related in any way to its access or use of the service.
Résiliation
FA peut résilier la présente entente et annuler l’accès de l’utilisateur au service en tout temps et pour quelque motif que ce soit. FA s’engage toutefois à remettre à l’utilisateur un avis de résiliation raisonnable si la résiliation découle d’un manquement de l’utilisateur à l’égard de la présente entente ou de la loi.
Modification of the agreement
FA may terminate this Agreement and terminate User’s access to the Service at any time and for any reason. FA agrees, however, to provide User with reasonable notice of termination if termination results from User’s breach of this Agreement or the law.
General provisions
This agreement is governed by and interpreted in accordance with the laws of the province of Quebec (Canada) and the laws of Canada applicable to contracts entered into between residents of Quebec and executed by them. The parties hereby irrevocably submit to the jurisdiction of the courts of the district of Montreal, in the province of Quebec.
This Agreement constitutes the entire agreement between FA and the User with respect to the Service, and this Agreement supersedes any prior agreement between FA and the User with respect to the Service.
User agrees not to assign or otherwise transfer this Agreement or any rights or obligations hereunder to any third party without the prior written consent of FA, which consent is at its sole discretion. of FA. No assignment or delegation made by the user shall discharge or release him from his obligations under this agreement or any law or regulation. Subject to the foregoing, this Agreement shall be binding on each of the parties and their respective successors and assigns, and shall inure to the benefit of and may be enforced by all of them. FA may unilaterally assign this Agreement to a third party.
Nothing in this Agreement shall constitute a partnership or joint venture between User and FA.
If any particular provision of this Agreement is declared invalid by a court of competent jurisdiction, the provision will be deemed excluded from this Agreement and will not affect the validity of this Agreement as a whole.
To communicate with us
email: contact@fa-parking.com
