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Monthly Parking Licence AgreementTerms and Conditions

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

1.              Scope of Agreement

1.1           Under this Agreement ("Agreement"), Commercial Properties Limited ("the Manager", "we", "our" or "us" and other similar expressions) agrees to grant to you ("the User", "you", "your" and other similar expressions) a non-exclusive licence for use of one (1) unreserved parking space (the "Parking Space") for one (1) automobile on a monthly basis in the parking facility (the “Parking Facility”) and at the monthly rental rate identified when you placed the order.  The monthly rental rate is subject to adjustment from time to time in accordance herewith. 

1.2           The description for each Parking Facility is available at www.ComPark.ca and such description may be updated from time to time in accordance herewith.

1.3           The licence created by this Agreement shall commence on the day of the month on which payment of the monthly rental rate for such month is received and continue thereafter until terminated in accordance herewith.

1.4           By selecting "I ACCEPT" when registering, renting a parking spot or joining a waiting list for a parking spot or otherwise using the services provided on this or parking in the Parking Facility, you agree to be bound by this Agreement and the terms and conditions set out herein.  Seller reserves the right to make changes to this website and these terms and conditions at any time.

1.5           This is the entire agreement between the Manager and the User, and this Agreement and these terms and conditions shall supercede any prior agreements regarding its subject-matter. You can read a current copy of this Agreement any time by going to www.ComPark.ca/agreement.

1.6           The legal terms of use and privacy policy applicable to the use of this, as same may be updated from time to time, may be found at www.[l] and such terms and conditions, as updated from time to time, are incorporated herein by reference.

2.              Conditions of Use Of Parking Facility

2.1           This Agreement permits the use of the Parking Spot on business days between the hours of 6:00 AM and 6:00 PM Atlantic Time.  

2.2           The User accepts the Parking Space and Parking Facility in an "as is" condition.

2.3           The User covenants to use the Parking Space for the purpose of automobile parking only and to pay for the Parking Space at the aforesaid rate.

2.4           The User agrees, if required by the Manager, to affix an identification sticker or decal in a position designated by the Manager on each automobile parked pursuant to this Agreement, such sticker or decal to be supplied by the Manager.  The User shall remove same and supply proof of removal immediately upon termination of this Agreement.

2.5           The Manager shall have the right from time to time to make, amend, alter and revoke rules and regulations (the “Rules and Regulations”) relating to the use of the Parking Space and Parking Facility including, without limitation, rules and regulations relating to access, ingress and egress from the Parking Facility.  The Rules and Regulations shall form a part of this Agreement and the remedies available to the Manager for enforcement thereof shall be the same as for enforcement of any other provision of this Agreement.  The Manager shall be under no obligation to enforce the Rules and Regulations against the User, or against any other user of the Parking Facility or any other person, and shall be under no liability for failure to enforce the Rules and Regulations.  The Rules and Regulations will be effective immediately after being posted in the Parking Facility or for thirty (30) days on the www.ComPark.ca/agreement web page of this website.  If you do not agree to any of the Rules and Regulations, you may terminate the Agreement in the manner described below, PROVIDED HOWEVER that using the Parking Facility or Parking Space after the effective date means you accept the Rules and Regulations in the entirety.

2.6           The Manager, its servants and agents, affiliated or associated entities and anyone for whom the Manager may in law be responsible, shall not be responsible for any damage which may occur to the User's automobile by any means whatsoever, including damage or loss by fire, theft and/or gross negligence. Further, it is understood and agreed that the Manager, its servants and agents, affiliated or associated entities and anyone for whom the Manager may in law be responsible shall not be liable to the User or any person accompanying the User for injury or death suffered by the User or such other person while in the garage which may occur by any means whatsoever including the gross negligence of the Manager.

2.7           The User agrees to be solely responsible and answerable in damages for all acts or omissions due to or caused by the User or anyone for whom it is in law responsible at any time while the User is in occupation of the Parking Space or in the Parking Facility, and to indemnify the Manager, its employees, agents and anyone for whom the Manager is at law responsible from any claims and losses arising from or in connection with such acts or omissions and to indemnify the Manager from all claims, costs and liabilities arising from the granting of the licence herein.

2.8           The User agrees that it shall have no right to assign or transfer this Agreement or in any way transfer or share possession of the Parking Space.

2.9           In the event the User: (a) fails or refuses to comply with the orders or requests of the Manager or its managers; (b) permits any conduct or act which, in the opinion of the Manager, is improper, or renders it inadvisable that the User should be allowed to continue to make use of the Parking Space; or (c) fails to comply with the terms and conditions herein, the Manager may forthwith terminate this Agreement.

2.10        If payment of fees and all other moneys is not made in accordance with the terms hereof, this Licence Agreement may be cancelled by written notice from the Manager without prejudice to the Manager's right to recover for moneys due and owing under this Licence Agreement.

2.11        The User agrees that he or she will use the Parking Space for automobile parking only and will not wash, polish or repair his or her automobiles in the garage, and agrees not to obstruct the exits and the entrances to the garage.

2.12        At the request of the Manager, the User will supply the Manager with details of the vehicle covered by this Agreement including, without limitation, vehicle licence plate number, year of vehicle, make of vehicle, model of vehicle and colour of vehicle.  Any change to the above information must be made available to the Manager in writing within five (5) days of the change being made.

3.              Payment of Monthly Rental Rate

3.1           The User shall pay the monthly rental rate, in advance, on the first day of each and every month during the term of this Agreement. 

3.2           The User understands that he or she will have to provide credit card or other payment information (the “Information”) to the Manager or a third party provider in order pay the monthly rental rate. The User represents that the Information provided shall be accurate and complete.  The User agrees to comply with all terms and conditions set out on this website specific to the payment of the monthly rental rate and such terms and conditions are deemed to be incorporated into this Agreement by reference.

3.3           The monthly rental rate shall be subject to all goods and services tax or harmonized sales tax and any other applicable taxes. 

4.              Amendment

4.1           The Manager may amend this Agreement, including without limitation, the monthly rental rate, at any time by posting the amended terms and conditions for thirty (30) days on the www.ComPark.ca/agreement web page of this website.  The amended Agreement will be effective immediately after being posted for thirty (30) days on this website.  If you do not agree to any of the amendments to the Agreement, you may terminate the Agreement in the manner described below, PROVIDED HOWEVER that using the Parking Facility or Parking Space after the effective date means you accept the amendments.

4.2           Notwithstanding 4.1, the Manager may provide notice by electronic mail ten (10) days prior to the effective date of the amendments to the Agreement to the electronic mail address you provided with your registration as a user on this website.

4.3           This Agreement may not otherwise be amended except in writing signed by both the Manager and you.

5.              Registration Information

5.1           In connection with the use of this website, you will be required to register and select a username and password.  You agree to provide us with accurate and complete registration information and advise us promptly of any changes.  If you don't, you will be in breach of this Agreement and Manager may terminate this Agreement immediately.  You may not select a user name that violates anyone's rights or one, in our sole discretion, we consider offensive, improper or inappropriate.

6.              Termination

6.1           We or you can terminate this Agreement on not less than thirty (30) days’ prior written notice. Termination is the User’s sole right and exclusive remedy if the User is not satisfied with the Manager’s performance under this Agreement or any amendments made in accordance with Section 4 hereof or any Rules or Regulations made pursuant to Section 2.5 hereof.   Without limiting any other rights available to the Manager, the Manager may terminate this Agreement, restrict or terminate your access to and use of the Parking Facility or Parking Space immediately and without notice or liability, if you breach this Agreement in any way.

6.2           You can terminate the Agreement by sending notice in the manner set out below. Termination will take effect on the first day of the calendar month next ensuing following the date on which we receive your notice. 

7.              Refunds

7.1           In the events this Agreement is terminated by either party in accordance with Section 6hereof, or by you in any other manner, there shall be no refunds or credits of any amounts received by the Manager pursuant to this Agreement.

7.2           Notwithstanding the foregoing, in the event this Agreement is terminated by the Manager in a manner not contemplated or set out in Section thereof, the Manager shall refund to you the prorated amount of any monthly rental rate received by the Manager for you.

8.              Notice

8.1           Any notices required or permitted to be provided to the Manager hereunder shall be in writing and shall be deemed to have been received five (5) business days after the post-marked date thereof if sent by registered mail, the next business day, following transmission if sent by fax or if emailed or hand-delivered (including prepaid courier), addressed as follows:

(a)

Commercial Properties Limited400 – 58 King Street, Saint John, New Brunswick, E2L 1G4Attention:                     Compark Parking ManagerFacsimile:                    (506) 635-7006Electronic Mail:            [email protected] 9.              Miscellaneous

9.1           This Agreement contains the entire understanding between the parties relating to the subject matter hereof.

9.2           The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.  Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders.  All references to money shall refer to Canadian funds.  Except as expressly set out in this Agreement, the computation of any period of time referred to in this Agreement shall exclude the first day and include the last day of such period. If the time limited for the performance or completion of any matter under this Agreement expires or falls on a day that is not a business day, the time so limited shall extend to the next following business day.  As used in this Agreement, "business day", means any day other than a Saturday, Sunday, statutory holiday or civic holiday in the Province of New Brunswick.  Time shall be of the essence of this Agreement.  Every provision of this Agreement is intended to be severable. If all or any part of any term or provision hereof is illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement.

9.3           No omission or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by law.

9.4           This Agreement shall enure to the benefit of and be binding on each of the parties and their respective successors and permitted assigns.

9.5           This Agreement shall be construed in accordance with and governed by the laws and subject to the jurisdiction of the court of the Province of New Brunswick.