General Website Terms and Conditions

Thank you for visiting the Watt Share, Inc. ("WATT SHARE," "we," "us," or "our") website at WattShare.ca and associated software application(s) (collectively, the "Site"). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions below, which we may revise occasionally without notice.

Please read these terms and conditions carefully.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL WEBSITE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS").

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY WATT SHARE SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

Unless expressly stated otherwise herein, the services provided by Watt Share are limited to informing users of the location and potential availability of certain parking spots ("Parking Spots") and facilitating Reservations (as defined below) by displaying Parking Spots, processing Reservations and collecting fees on behalf of Licensors (as defined below). Any fees and/or consideration paid to Watt Share is paid to Watt Share in connection with these Marketing Services unless otherwise indicated. When Watt Share receives your payment, your obligation to pay the Licensor for the Reservation is fully satisfied; provided, that you will be responsible for any other charges to the extent you incur separate or additional costs outside the scope of Watt Share's services, including for Excluded Services, on-site at the Licensor's facility.

To be clear, Watt Share does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Marketing Services (collectively, "Excluded Services"). The Excluded Services are provided by Licensors who are neither our agents nor acting on our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Parking Spots or any facility where the Parking Spots are located through use of the Site. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. Although we do not guarantee the availability of a specific Parking Spot, if a booked Parking Spot is unavailable at your time of reservation, we will attempt to locate an alternative Parking Spot, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer support policies and procedures. The Marketing Services and Site are not intended for use by persons under the age of 13. If you are under 13, you may not use either the Marketing Services or the Site. You agree to comply with all applicable laws when accessing or using our Services, and you may only access or use the Services for lawful purposes.

Watt Share lists the Parking Spots on the Site and, as such, facilitates the reservation of Parking Spots ("Reservations") between users of the Site ("Licensees" or "you"), and the independent owners (ex. Homeowners, Landlords), lessors, managers or operators of the Parking Spots (the "Licensors"). Watt Share does not operate Parking Spots, or determine parking availability provided by Licensors. Watt Share makes every effort to provide accurate information regarding the Parking Spots listed on the Site, at times such information may become inaccurate and Watt Share shall not be liable for any such inaccuracy. In all cases, your utilization of a Parking Spot will be governed by Licensor's customer agreements or policies in place from time to time, including, without limitation, all terms and conditions related to the use of any Parking Spot, any payment terms and conditions and all rules and restrictions imposed by the Licensor on the relevant parking facility and/or Parking Spot, as each may be entered into or effected in accordance with the Licensor's standard operating procedures (the "Licensor Terms and Conditions").

By making a Reservation, you agree in all cases to abide by the Licensor Terms and Conditions. In connection with our provision of the Services, Licensors may represent and warrant to us that they have full authority to list the Parking Spots for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warrant becomes inaccurate or incomplete prior to your use of a Parking Spot. In addition, Watt Share will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your booking and use of a Parking Spot.

By visiting or using this Site and its related services, contacting us through this Site or making submissions to us or the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed at.

In order to access certain areas of the Site, you will create a user account and login (a "User Account"). You agree that all information which you provide through the Site in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party's User Account without such party's express written authorization.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, displays, text, images, data, illustrations, files, audio and video clips, documents, other materials and content and the design, selection, and arrangement thereof (collectively, the "Content") is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not reproduce, copy, modify, distribute, create derivative works of, or publicly display, republish, download, store, transmit, or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Site at any time in our sole discretion.

By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms and Conditions, and (iii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties.

You agree that any information or material you provide through the Site will be truthful, accurate and complete. You represent and warrant that you own any information or material provided through the Site or otherwise have appropriate authority to provide any such information or material through the Site. All information or material that you submit to us through the Site shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information or material unless otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to us or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.

You are responsible for all charges, fees, duties, taxes, and assessments arising out of any Reservation, the use of a Parking Spot, the Marketing Services or the use of the Site. Your payment of such fees to Watt Share constitutes payment to the Licensor solely for purposes of making a Reservation. You agree that Watt Share may charge your credit card, debit card, or other payment mechanism selected by you and approved by Watt Share for all amounts due and owing in connection with your use of the Marketing Services, in accordance with the pricing and payment terms presented to you for such Marketing Services. Where applicable, you will be charged using the primary payment method designated in your User Account management page (i.e., credit card). unless an alternate payment mechanism is selected at the time of the transaction. You agree to permit Watt Share to use any updated payment method information provided by your issuing bank or the applicable payment network and to charge your current primary payment method by using the details of such payment method saved in our system, even if such payment method is declined. Where applicable, if your primary payment method expires, is invalid, or if charges to your primary payment method are unable to be processed for whatever reason, you agree that Watt Share may charge any other available payment methods saved to your User Account. Except as provided in these Terms and Conditions or when required by law, all fees paid by you are non-refundable and Watt Share may change the fees for any Marketing Services, including any Marketing Services billed pursuant to a Subscription (as defined below), at any time.

Watt Share partners with companies (such as Stripe) for payment processing. When you make a Reservation, you're also agreeing to the payment processor's terms of service (e.g., Stripe terms of service (currently viewable at https://stripe.com/us/legal/)).

In connection with facilitating your transaction, Watt Share will charge your credit card for the total price displayed at checkout, which includes the amount for your reservation of the Parking Spot(s), a fee retained by Watt Share for providing its services in facilitating the Reservations (if applicable), additional fees that may be applicable to certain reservations, and all anticipated applicable taxes. Watt Share, at its discretion, retains a service fee as compensation for facilitating reservations and for providing Marketing Services. For certain transactions, Watt Share may charge a service fee that is an amount paid to Watt Share for your use of the Watt Share Marketing Services and for Watt Share's processing of your Reservation as set forth in these Terms and Conditions. The amounts paid to the Licensors in connection with your reservation include all anticipated applicable taxes for the Parking Spot(s). The Licensors are responsible for remitting applicable taxes to the applicable taxing jurisdictions and Watt Share is not a vendor collecting and remitting taxes to the applicable taxing authorities nor a co-vendor associated with the vendor with whom Watt Share customers are submitting the reservation for the Parking Spots, unless Watt Share has, in its sole discretion, decided to do so on behalf of Licensors in a specific jurisdiction. If you are required by law to withhold any Taxes from your payments to Watt Share, you must provide Watt Share with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that service.

Reservations purchased through the Site are cancellable in accordance with (a) Watt Share's cancellation policy in effect at the time of booking and as more fully described at (as may be updated by Watt Share from time to time) ("Cancellation Policy") or (b) any specific cancellation policies or restrictions stated in the Parking Spot details on the Site or on your parking pass. In the event of any conflict between the Cancellation Policy and any statements in the Parking Spot details on the Site or your parking pass, the specific policies and restrictions in the Parking Spot details or your parking pass shall control. Following the start of the Reservation, all Reservations are non-refundable, regardless of your use or non-use of the Reservation and regardless of any circumstance surrounding the use or non-use of a Reservation (i.e., traffic or weather delays, cancellation of a related event). If, for whatever reason, an error occurs in regard to any fee for Marketing Services, a Reservation, and/or a Parking Spot, Watt Share may, in its sole discretion, void a Reservation related to that error and refund appropriate monies paid in connection therewith.

Watt Share may from time to time partner with third parties ("Partner"), and Reservations purchased on Partner websites are not refundable for any reason.

If you believe that an unauthorized transaction has taken place under your User Account, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted.

We reserve the right to suspend or terminate your use of the Marketing Services and/or your User Account in the event you violate any provision of these Terms and Conditions or if you use Watt Share services in a fraudulent manner. Furthermore, we may terminate or suspend access to all or part of this Site at any time, without notice or for any reason.

From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Site updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Site, the Content or access to Reservations. We may conduct maintenance on any of the foregoing at any time with or without notice to you.

Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS

THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE WATT SHARE OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. WATT SHARE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. WATT SHARE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

WATT SHARE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

WATT SHARE, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WATT SHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR MARKETING SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WATT SHARE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO WATT SHARE FOR USE OF THE SERVICES OVER THE PRIOR YEAR; OR (2) ONE HUNDRED DOLLARS ($100).

You agree to indemnify and hold us, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys' fees and costs, due to or arising out of (i) your use or misuse of the Site; (ii) your breach of these Terms and Conditions; (iii) your breach of any Licensor Terms and Conditions; or (iv) your violation of any third party right.

You release us and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users' use of the Site and any dispute or defense you have or claim to have against us or one or more users of the Site.

Pursuant to authorization granted by you either through your use of one of Watt Share's web-forms, or through the use of the Marketing Services to make Reservations, Watt Share may use your mobile phone number or similar contact information to send text message(s) via automatic dialing technology. Watt Share only uses such phone numbers and/or contact information to provide Marketing Services and to facilitate your use of Reservations. For example, Watt Share may send you a text message containing a parking pass or other information allowing you to access a Parking Spot or parking facility. Additionally, Watt Share may send you a text message containing a link to download a copy of its software application, based upon your request via a web form.

We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party.

If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact: admin@wattshare.ca

You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.

These Terms and Conditions are governed by the laws of the province of Ontario.

You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Site. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created by these Terms and Conditions, your use of the Site, or any actions by any Licensor with respect to the Site or associated software applications.