Terms of Use

Non-Commercial Use

You may use our Platform for personal, non-commercial use only. As a condition of your use of our Platform, you agree that you will not (and will not authorize anyone else to) sell or modify any Platform Content or reproduce, display, distribute, or otherwise use any of the Platform Content in any way for any commercial purpose without our prior written permission. You agree that no materials of any kind submitted or shared by you on or through our Platform or the Services will violate or infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You agree to cooperate in immediately ceasing any unauthorized use of our Platform. In addition, you may not use our Platform in any manner which could disable, overburden, damage, or impair our Platform or the Services, or interfere with any other party’s use and enjoyment of our Platform or the Services.

In addition, and without limitation, you agree not to use the Services or our Platform to:

• use the Services or our Platform in any unlawful manner or in any other manner that could damage, disable, overburden, or impair our Platform or the Services;
• use automated scripts to collect information from or otherwise interact with the Services or our Platform;
• register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity without their expressed permission;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity; or
• use or attempt to use another’s account, service, or system without authorization, or create a false identity on the Services or our Platform.

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to Parknfly.ca’s home page from any site you own or control that is not commercially competitive with our Platform and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such parknfly.ca links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others or, in any way, post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission, all as determined by us in our sole and absolute discretion. All of our rights and remedies are expressly reserved.

Our Platform contains links to other web sites (“Third Party sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party sites accessed through our Platform or any Third Party Content posted on, available through or installed from our Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party sites or installation of any Third Party sites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave our Platform and access the Third Party sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Platform or relating to any applications you use or install from the site.

Our Platform and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s use of our Platform or the Services or Third Content posted on or through our Platform or the Services or transmitted to Users, or any interactions between Users of our Platform, whether online or offline.

OUR PLATFORM, THE SERVICES, AND ALL PLATFORM CONTENT ARE PROVIDED “AS-IS”. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PLATFORM AND/OR THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE OUR PLATFORM OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE OUR PLATFORM OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT NONE OF PNF, ITS AFFILIATES AND/OR  LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR THE SERVICES.

Any services described on our Platform are offered in jurisdictions where they may be legally offered for sale. The information on our Platform is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

We reserve the right, at our sole discretion, to limit or terminate access to our Platform, and or the Services, or any portion thereof, to delete your profile and any content or information that you have posted on our Platform and/or prohibit you from using or accessing the Services or our Platform (or any portion, aspect or feature of the Services or our Platform) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to our Platform and/or terminate the registration, subscription, or membership of any User who violates these Terms of Use or infringes any intellectual property rights of others.

For Users outside of the Province of Quebec: (a) these Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions; and (b) the User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

For Users within the Province of Quebec: (a) these Terms of Use shall be governed and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions; and (b) the User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Quebec with respect to any matters of issue herein.

The following two paragraphs are not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.

You agree that, to the extent permitted by the applicable law and except as may otherwise be provided in regard to specific Services on our Platform in any specific terms applicable to those Services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, our Platform and/or the Services (including your visit to or use of our Platform and/or the Services) shall be final and binding arbitration, except that: (a) to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth herein, you acknowledge that damages are not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through our Platform may be arbitrated. Any arbitration shall be conducted in Toronto, in English, by a single arbitrator in accordance with the Arbitration Act (Ontario).

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to our Platform and/or the Services (including your visit to or use of our Platform and/or the Services) be instituted more than two (2) years after the cause of action arose.

You agree to indemnify and hold PNF, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Services or our Platform, your conduct in connection with the Services or our Platform or with other Users of the Services or our Platform, or any violation of these Terms of or of any law or the rights of any third party.

These Terms of Use constitute the entire agreement between you and us regarding the use of our Platform and/or the Services, superseding any prior agreements between you and us relating to your use of our Platform or the Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You hereby confirm your express wish that these Terms of Use, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents, and other communications between the parties in connection with these Terms of Use be in the English language only and declare themselves satisfied with this; Vous confirmez par la présente votre souhait exprès que les présentes conditions d’utilisation, ainsi que tous les autres documents qui s’y rapportent, y compris, mais sans s’y limiter, toutes les confirmations, avis, renonciations, consentements et autres communications entre les parties en rapport avec les présentes conditions d’utilisation soient en la langue anglaise uniquement et s’en déclarent satisfaits.

Park’N Fly Rewards Rules and Conditions

Notice of Change: The previous Park’N Fly Rewards program has been discontinued as of December 31, 2023 (the “Old Program”). Effective January 1, 2024, we have launched our new Park’N Fly Rewards (“Program”). To participate in the new Program, you will need to register through the following link www.parknfly.ca/rewards. Upon registration, you will be assigned to the Tier (see Section 4 for description) based on your number of completed parking stays in 2023 (please see FAQs for more details).  Any unused reward points from the Old Program can continue to be redeemed during the 2024 calendar year.

The Program and its benefits are offered at the sole discretion of 1884901 ALBERTA LTD., an Alberta corporation dba PARK’N FLY (“PNF”) and its participating partner network.

1. Acceptance of Terms and Condition. By participating in the Program, you accept and agree to these Terms and Conditions, including as they may be amended from time to time, as contemplated in, and in accordance with, these Terms and Conditions.

2. Program Sponsor. The Program is operated by Park’N Fly Canada, 5905 Campus Road, Mississauga, Ontario.

3. Membership Eligibility. Membership in the Program is available to individuals (“you”) as stated in these Terms and Conditions. You may maintain only one account. Companies and/or other entities cannot enroll. There is no enrollment fee for this Program. Enrollment can be made online parknfly.ca or via the Park’N Fly app.

4. Membership Status. The Program offers three status levels – Green, Gold and Platinum – which will be determined based on the number of completed parking transactions completed through the Park’N Fly app in the calendar year as follows:  
   

Green Status: 0-2 completed parking stays

Gold Status:   3-7  completed parking stays

Platinum Status:   8+ completed parking stays

You will transition to each Status Level upon meeting the requisite completed parking stays completed through the Park’N Fly app and will maintain such Status Level for the rest of the calendar year in which the requisite completed parking stays were completed; In addition, the member will maintain such Status Level for the following calendar year. A stay is defined as one continuous – 24-hour period based on the check-in/check-out as registered that is paid for (not redeemed).

5. Status Level Benefits: Special offers and discounts will vary by Status Level. PNF may, limit, modify or terminate a rewards discount or benefit, with notice. Benefits associated with each level can only be accessed using the Park’N Fly app.
6. Earning Rewards Points: Only Gold and Platinum Status level members will earn Rewards Points for completed parking stays initiated through the Park’N Fly app at the rates that are confirmed at the time of reservation via the Park’N Fly app or website. The rate of accumulation for each Status Level varies.  Refer to the accumulation structure associated with each Status Level.  Rewards Points will not be earned for parking stays made prior to the date of your enrollment as shown in PNF records. Green Status Level members will not earn any points for their stay. For Status membership levels (Gold and Platinum) Rewards Points can only be earned on parking stays that are completed via the Park’N Fly app.
7. Park’N Fly App Required:  You can only access the benefits and your account information via the Park’N Fly app; all completed parking transactions need to be completed using the Park’N Fly app; failure to use the app will forfeit the member’s right to access the benefits associated with the Program.
8. Program Availability. Subject to PNF’s obligations under applicable law, PNF reserves the right to restrict, suspend, discontinue, or cancel this Program upon 90 days’ written notice to all Active Members. In that event, your right to receive Rewards Points may end 120 days after we notify you and your right to redeem Rewards Points may end 180 days after we notify you, no matter the level of your participation in the Program. Rewards Points for all members not presented for redemption on or before such redemption end date cannot be redeemed. An “Active Member” means a member who has completed a parking transaction within the previous 12 month period.
9. Membership Cancellation. PNF reserves the right to terminate your participation in the Program and revoke any and all unredeemed Rewards Points for the following reasons: 1) violation of these Terms and Conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, provincial, or local law or regulation in connection with the use of membership privileges; 4) failure to pay for parking charges; 5) commission of fraud or abuse involving any portion of this Program; and 6) more than one active account per member; all as may be determined by PNF in its reasonable discretion.
10. Changes in Terms and Conditions. Except as otherwise prohibited by applicable law, PNF reserves the right to modify these Program Terms and Conditions (including the number of Rewards Points issued for a Qualifying Parking Stay), provided PNF provides you a minimum of 60 days (but not more than 90 days) prior written notice of such changes. Subject to the terms of such notice, your continued use of the Program will constitute agreement of such changes.
11. Data Privacy. In connection with your participation in the Program, we may collect personal information from you. Our collection, use, and disclosure of personal information is governed by our privacy policy which is incorporated herein by reference.
12. Reward Point Expiration. If there is no activity of a completed parking transaction in your account during the prior 12 month period, then all Reward Points in your account  will expire.  
13. Rewards Points have no value. Rewards Points are not redeemable for cash or any other form of credit and have no value until presented for redemption in accordance with the Term and Conditions of this Program. Points have no fixed or ascertainable cash value. Members have no ownership interest in accrued points and accrued points do not constitute property of the members. Use of the word “earn” in marketing materials in relation to Program Points shall mean “collect” and shall not infer that the points have any value until they are presented for redemption. Points may not be purchased or sold and are not transferable except as otherwise stated herein.
14. Employer Restrictions. Some employers, by policy, may prohibit or restrict employee participation in the Program. PNF assumes no responsibility or liability for compliance with these policies.
15. Rewards Points Adjustments. The points listed in your Program account are subject to change to reflect actual parking stay information, any adjustments and Program changes. If you believe your account activity statement is inaccurate, contact [email protected]. Point adjustments will not be made more than 60 days after the statement date. Please keep all of your parking stay receipts for your records, as they will be required for point adjustment requests.
16. Restricted by Law. This Program or participation therein in not valid and/or the awarding of Rewards Points is void where prohibited or restricted by law.
17. Program Violations. Program violations, suspected fraud or abuse in relation to rewards usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and by PNF including, without limitation, freezing your account, the forfeiture of all mile transfers, rewards, vouchers, or merchandise issued pursuant to point redemption and any accrued points in your account, as well as cancellation of the account and your future participation in the Program.
18. Inactive Accounts and Limits on Points of Parking Stays. If there is no activity of a completed parking transaction in your account during the prior 24-month period, then the member account will be deemed inactive and will be closed and your account will be deactivated and closed.
19. Liability of PNF. To the greatest extent permitted by applicable law, PNF hereby disclaims any and all liable in connection with your participation in the Program including without limitation, any tax consequences which may flow from your participation in the Program. You will be solely responsible for your own tax payments and reporting requirements (including those related to any income tax benefit), if any.
20. Communications: To opt out of Park’N Fly Rewards marketing communication please update your email preferences in your Park’N Fly Reward profile or email your request to unsubscribe to [email protected]. Please note that you may still receive emails regarding the functional changes to the Park’N Fly Rewards program.