Terms and Conditions of Use - ImparkNOW

Terms and Conditions

Terms and Conditions of Use

Last Updated: October 30, 2025

The following terms and conditions of use (“Terms of Use”) constitute an agreement between you (collectively, “user”, “you” or “your”) and Imperial Parking Canada Corporation and its subsidiaries, affiliates, successors and assigns (collectively, “Impark”, “our”, “us” or “we”). These Terms of Use apply to your access to and use of the ImparkNOW website (“Site”) and related products, services, content and features (collectively, the “Services”).

By accessing the Site or Services, submitting information to us (regardless of whether you register an account with us) or accessing or using any of the Site or Services, or by clicking a box or button that states you accept or agree to these Terms of Use, you confirm that:

  1. you have read, understood and agree to be legally bound by these Terms of Use;
  2. you have read, understood and agree to the ImparkNOW privacy notice (the “Privacy Notice”), the terms of which are incorporated by this reference and apply to your access to and use of the Site and Services; and
  3. you will comply with all applicable laws and third-party terms of agreement that may apply to you in connection with your access to and use of the Site and Services.

1. Services

The Services are limited to informing users of the location and potential availability of, and providing users the ability to reserve and pay for, parking spots at select parking facilities in Canada (each, a “Facility” and collectively, the “Facilities”). In all cases, parking at any parking location is at your own risk and we accept no responsibility whatsoever regarding the safety of persons or property in the Facilities selected by you. We will not be liable to you if you enter any information incorrectly and you receive a violation ticket, a boot is placed on your vehicle, or your car is towed from the Facilities as a result. If you arrive early or stay past your parking time you may be charged extra, and you may not receive credit for your online payment. The parking booked is valid only for the times listed on the parking pass. You are responsible for ensuring that you arrive at the correct booked Facility. We are not liable for road closures or changing traffic conditions. Impark makes no representation that the Services are appropriate or available for use in jurisdictions outside of Canada.

2. Eligibility

Your access to and use of the Site and Services is subject to all applicable international, federal, provincial, state and local laws and regulations. If you are under the age of majority in your local jurisdiction, you may only access or use the Site and Services under the supervision of a parent or legal guardian who has accepted these Terms of Use on your behalf. If you are a parent or legal guardian of a user under the age of legal majority in your local jurisdiction and you accept these Terms of Use on such user’s behalf, you agree to take full responsibility for compliance with these Terms of Use by such user. In certain instances you may be asked to provide proof of identity to access or use the Site or Services. You agree that you may be denied access to or use of the Site and Services if you refuse to provide proof of identity. If you access or use our Site or Services on behalf of another person or entity, you represent that you are authorized to accept these Terms of Use on that person or entity’s behalf and that the person or entity agrees to take full responsibility for compliance with these Terms of Use.

3. Use of Services and Your Account

In order to access and use certain features of the Site and Services, you may be required to register an account (the “Account”). When you register an Account or use the Services, you will be required to provide us with certain personal information, which may include your first and last name, user name, address, e-mail address, phone number, license plate number, vehicle make, model and colour, payment information and password (the “Account Information”). By creating an Account or making a purchase, you consent to receiving electronic communications from Impark and its service providers in the form of email for the purpose of administering the Services. With your consent, we will send you electronic communications in the form of email for marketing purposes and such other purposes set out in the Privacy Notice. You may opt out of receiving marketing messages at any time by contacting us or using the unsubscribe mechanism in the commercial electronic message. Consent to receiving marketing messages is not required to use the Services. You acknowledge that any electronic communications shall satisfy any legal requirement that such communication be in writing. For more information about the collection, use, disclosure and retention of your Account Information, please see our Privacy Notice.

You agree that all Account Information provided by you will be accurate and complete and that you will promptly update such Account Information if it changes. You further agree and represent and warrant that all Account Information and other content of any kind you upload or transmit through the Services will not violate or infringe upon the rights of any third parties, including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any third parties. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account Information or your Account, or any other security breach involving your Account or the Services. You are responsible for the accuracy, security and confidentiality of your Account Information and for all activities which occur on your Account or through your access to and use of the Services, including but not limited to all charges, fees, duties, taxes and assessments, whether or not such activities have been authorized by you.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Impark, an Impark employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Impark or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, data mining tools, automated or non-automated scraping, crawlers, or other automatic device, process, or means to access the Site for any purpose, including monitoring, recording, or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

4. Fees and Payment

You agree to pay to Impark all fees for Impark’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Impark reserves the right to change the fees for the Services at any time and to disable or terminate your access to the Services with or without notice to you if you fail to pay the fees for your use of the Services.

Prior to making a purchase through the Services, you will be required to designate and provide information about your preferred payment method (“Payment Account”). You are responsible for the completeness and accuracy of your Payment Account information at all times, and you hereby authorize us, or our approved third-party payment provider or processor, to automatically charge your Payment Account the applicable fees, plus any applicable taxes we are required to collect, where you authorize us to do so. When you provide any Payment Account information to us, you represent to us that you are the authorized user of that Payment Account. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT.  YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, AND EXCEPT AS SET OUT IN THE REFUNDS AND CANCELLATIONS SECTION BELOW OR OTHERWISE SET OUT IN THESE TERMS OF USE, SUCH AMOUNT IS NOT REFUNDABLE IN WHOLE OR IN PART AND UNDER ANY CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THESE TERMS OF USE, OR INTERRUPTION OR DISCONTINUATION OF THE SERVICES.

All fees and applicable taxes, if any, are payable in Canadian dollars. For certain payment methods, the issuer of the payment method may charge you certain additional fees (e.g., foreign transaction fees or processing fees). You will be solely responsible for such fees and any other amounts we are unable to collect for your use of the Services.

Coupon Use

You are required to abide by all terms associated with our coupons, credits, discounts or other promotional codes (“Coupons”). You may not post Coupons or distribute them in any other manner as all such Coupons are non-transferable and are generally intended only for one-time use. We, in our sole discretion, may suspend or terminate your Account for violation of this Coupon Use section, with or without notice.

Refunds and Cancellations

If you use the Services to make a parking reservation, you can cancel or modify your reservation at any time before the scheduled start time, unless otherwise stated. Reservations are fully refundable if cancelled prior to the start time. It is within our sole discretion, provided the circumstances, to offer you a refund or an account credit if you attempt to cancel a reservation after the start time. For any refund-related inquiries, please contact our customer service team at 1-888-808-8148, Monday to Friday between 8:30AM and 4:30PM (PST).

5. Use of Facilities

The Services may provide you with the ability to access or use the Facilities. Your use of any Facility is subject to any additional terms and conditions, policies, rules, and restrictions displayed on the signage at such Facility (“Facility Terms”) and you agree that you will be subject to and will comply with all Facility Terms.  In the event of any conflict between onsite Facility Terms and those made available through the Services, the onsite Facility Terms will govern except with respect to charges, fees, and payment terms which will be governed by the terms made available through the Services. Violation of Facility Terms may result in additional fees, payment notices, and/or towing of your vehicle and you accept full responsibility for costs associated therewith.

Impark, in providing the Services, is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party to you, your vehicle, your passengers or property while parked, attempting to park, or otherwise accessing, using or attempting to use a Facility. You acknowledge that all claims of liability for any damage or injury that might or does occur at any Facility may be raised solely against the owner or operator of the Facility, and Impark, in providing the Services, shall have no liability to you regarding the same.

Parking charges are for the licensed use of parking space only and are subject to the rights and restrictions associated with any Facility Terms. Vehicles must be parked in marked stalls only. The parking of unlicensed or uninsured vehicles, the general storage of vehicles (i.e., parking for more than 24 hours at a time), and the repair or maintenance of vehicles in a Facility is prohibited. Further, the parking of vehicles for the principal purpose of promotional activities or that, in our sole discretion, pose any kind of hazard or have hazardous contents, is also prohibited.

We do not guarantee the availability of parking at your selected Facility. Your selected Facility may, from time to time, be unavailable for reasons including, but not limited to, late arrival, excessive demand due to special events or conferences, repair or maintenance activities, construction, emergencies or events of force majeure.

Electric vehicle charging stations provided at any Facility are for charging compatible electric vehicles only and are provided as a customer service only. We are not liable for any malfunction or incompatibility of a charging station with any vehicle, failure of a vehicle to charge, or for any damage or personal injury or death arising from use or malfunction of charging stations. Use of a charging station is at your own risk.

6. Intellectual Property

The trademarks, logos, brands, signs, symbols, images, videos, software and other content displayed on the Site and Services (collectively, the “Content”) are the sole and exclusive property of Impark or our partners and third-party licensors. You are prohibited from using any Content for any purpose without the written permission of Impark or such third party which may own the Content, which permission may be withheld in the sole discretion of the owner of the relevant Content. All Content is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial purposes.

Subject to your strict compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable license to access and use the Site and Services and Content on a single computer, mobile device or media platform (the “License”). You shall not acquire any ownership rights in the Site, Services or Content. Except as expressly permitted under these Terms of Use, you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site or Services, disclose any part or feature of the Site or Services that we have not publicly disclosed, or to display, distribute, publicly perform or in any other way exploit, the Site or Services in whole or in part. The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or our suspension or termination of your Account or Services. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or Services or you otherwise breach these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved to Impark.

7. Third Party Materials

The Site and Services may provide you with access or links to services, features and content that are provided by third parties (the “Third Party Materials”). Third Party Materials may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided through the Site and Services. We provide Third Party Materials only as a convenience and the inclusion of Third Party Materials does not imply endorsement by us. We are not responsible for the policies, practices, condition and operation of any Third Party Materials, and we expressly disclaim all responsibility and liability to you if you access or use Third Party Materials.

8. Feedback

You agree that any and all creative ideas, concepts, notes, drawings, suggestions, feedback or other information that you may provide to us, whether solicited or unsolicited, as a user or otherwise (“Feedback”) will be owned by us, without providing compensation to you or any other person and without any liability whatsoever, including all intellectual property rights therein and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to us and irrevocably waive all moral rights you may have therein.  Upon request from us and at our expense, you will fully cooperate and assist with, execute and deliver all further documents to enable us to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback.  If for any reason we are unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint us and our duly authorized officers and agents as agent and attorney in fact, to act for and on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback.

9. Termination

Subject only to applicable laws, your access to or use of the Site and Services may be terminated at any time without notice to you, for any reason whatsoever, including, without limitation, if Impark determines, in its sole discretion, that you have (i) violated these Terms of Use in any way; (ii) provided false or fictitious information to Impark; (iii) misused or abused, or attempted to misuse or abuse, the Site or Services; (iv) violated the rights of a third party or any applicable laws, rules, or regulations; or (v) taken any other action or actions deemed by Impark to be contrary to the purpose of the Site or Services, these Terms of Use, or the interests of any third party. You hereby consent to, and authorize us to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the requirement to post security or a bond. You further authorize us to disclose your Personal Information (as defined in the Privacy Notice) where reasonably necessary in connection with the foregoing.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMPARK DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT: (I) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WILL MEET YOUR REQUIREMENTS; (II) THE SITE OR SERVICES ARE ACCURATE, RELIABLE OR COMPLETE; (III) ANY ERRORS OR DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED BY US; OR (IV) ANY OF THE SITE, SERVICES OR SERVER(S) ON WHICH THE SITE AND SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER MALICIOUS CODE. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IMPARK NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS WILL BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY BODILY INJURY, PROPERTY DAMAGE OR ANY LOSSES OR DAMAGES OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OR CORRUPTION OF DATA, REPUTATION, REVENUE, PROFIT OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SERVICES OR THE FACILITIES; OR (II) ANY ACTION TAKEN BY YOU IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION, IDEA, OR INSTRUCTION AVAILABLE ON OR THROUGH THE SITE, SERVICES OR FACILITIES, EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH BODILY INJURY, PROPERTY DAMAGE OR LOSSES OR DAMAGES.

IF HOWEVER, WE ARE FOUND LEGALLY RESPONSIBLE TO YOU FOR ANY LOSSES YOU MAY HAVE SUFFERED OR INCURRED ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES; OR (II) ANY ACTION TAKEN BY YOU IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION, IDEA, OR INSTRUCTION AVAILABLE ON OR THROUGH THE SITE OR SERVICES, THEN OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID FOR THE USE OF THE SERVICES (NOT INCLUDING ANY PARKING CHARGES OR FEES) FOR THE TRANSACTION GIVING RISE TO SUCH LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR SUBSIDIARIES AND AFFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (THE “IMPARK PARTIES”) FROM AND AGAINST ALL LOSSES, LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE IMPARK PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR ACCESS TO, USE OR MISUSE OF THE SERVICE, (III) YOUR USE OR MISUSE OF ANY THIRD PARTY MATERIALS, (IV) YOUR PURCHASES THROUGH THE SERVICES, AND (V) YOUR VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT.  YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS WRITTEN APPROVAL.

THIS SECTION DOES NOT APPLY TO NON-BUSINESS USERS APART FROM LOSSES OR CLAIMS RELATED TO THE CONSUMER’S WILFUL OR INTENTIONAL MISCONDUCT.

13. Release

YOU AGREE THAT IMPARK IS A MERE REPRESENTATIVE FOR THE FACILITY OWNERS AND OPERATORS, SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SERVICES AND IMPARK DOES NOT ENDORSE OR CONTROL ANY SUCH THIRD PARTY FACILITY OWNERS AND OPERATORS, SUPPLIERS, ADVERTISERS OR SUCH THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR INJURY WITH RESPECT TO THE FACILITIES AND THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR SERVICES ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH FACILITY OWNERS AND OPERATORS, SUPPLIERS AND ADVERTISERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IMPARK HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY FACILITY OWNERS AND OPERATORS, ADVERTISERS, CARRIERS, CONTENT PROVIDERS OR OTHER SUPPLIERS THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH FACILITY OWNERS, OPERATORS, ADVERTISERS, CARRIERS OR SUPPLIERS AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE IMPARK FROM ANY LIABILITY WITH RESPECT TO THE SAME.

14. Governing Law and Dispute Resolution

These Terms of Use and your access to and use of our Site and Services will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. If a consumer’s home jurisdiction requires the application of local consumer protection laws, the laws of that jurisdiction shall apply to the extent required by law.

Except for any claim involving the violation of intellectual property rights, breach of confidentiality or breach of privacy or if you reside in a jurisdiction where mandatory arbitration is not enforceable, the parties agree to arbitrate any and all disputes, claims or controversies arising out of or relating to this Agreement in any way. The parties involved will submit the dispute to arbitration by a single arbitrator who is acceptable to both parties and whose expenses will be shared equally by them. If they cannot agree on an arbitrator, an arbitrator will be appointed by the Vancouver International Arbitration Centre (“VanIAC”). The VanIAC International Commercial Arbitration Rules or successor legislation will apply to the arbitration. The determination of the arbitrator will be conclusive, final and binding on the parties. The parties expressly waive any right of appeal to any court or judicial authority to the fullest extent permitted by law, other than as may be necessary to enforce or confirm any arbitration award.

You and Impark agree to submit to the exclusive jurisdiction of the courts of British Columbia situated in the city of Vancouver with respect to any claim, proceeding or action involving the violation of intellectual property rights, breach of confidentiality or breach of privacy, provided that Impark may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction. Consumers residing outside the province of British Columbia may bring proceedings in the courts of their home jurisdiction, as and where required by applicable law.

15. Changes

We reserve the right, acting in our sole discretion and with or without prior notice to you, to do any of the following: (i) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms; (ii) make changes to any fees or charges, if any, related to your use of the Services; (iii) make changes to the equipment, hardware or software required to use and access the Site or Services; (iv) interrupt the Site, Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications; and (v) revise these Terms of Use. We will give you notice of revisions or changes to the Terms of Use by posting the revised Terms of Use on the Site. If we make revisions or changes, we will post the amended Terms of Use to our Site and Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the email address associated with your Account or providing notice through our Site or Services. It is your responsibility to ensure that you are aware of the current Terms of Use when you use the Site and Services. The amended Terms will be effective immediately, and if you continue to access or use any of the Site or Services after any revisions to these Terms of Use, you will be deemed to have accepted those revisions or changes. If you do not agree to the amended Terms, you must stop accessing and using our Site and Services.

16. General

These Terms of Use, together with the Privacy Notice and any supplemental terms and conditions which are part of the Site and Services, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Site and Services.

The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination. The failure of Impark to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect.  All remedies of Impark hereunder shall be cumulative.

These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns. You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with our prior express written consent, which consent may be withheld in our sole discretion, and any attempted assignment in violation of the foregoing is void.  We may assign any or all of our rights and obligations hereunder to our affiliates, subsidiaries or a successor in title to the Site and Services or the business and undertaking.

17. Questions

Support is available by contacting Impark through the chatbot function available through the Site or calling our customer service team at 1-888-808-8148 between 8:30AM and 4:30PM (PST) Monday through Friday to receive feedback and to support you with any issues with the Terms of Use, Privacy Notice, the Site or the Services.

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