THE FOLLOWING DESCRIBES THE TERMS ON WHICH SPOTSKEY.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for Spotskey.com. This Agreement describes the Terms and Conditions applicable to your use of our services at http://www.Spotskey.com. If you do not agree to be bound by this Agreement, you should not use or access our services. If you have any questions, please direct them to: customerservices@spotskey.com.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those Terms and Conditions expressly set out below and those incorporated by reference, before you may become a registered user of Spotskey.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions, which apply to you as a Spotskey.com registered user. Please note: underlined words and phrases are click-through links to these pages and websites.
By agreeing to this User Agreement, you also agree that your use of other Spotskey.com websites will be governed by the terms and conditions posted on those web sites. We may amend this Agreement from time to time and any amended Agreement will govern new user registrations from the date that it is posted on our website.
1. User ID.
You will be assigned a User ID and password on completion of registration. You are responsible for all actions taken under that User ID. IT is your responsibility to keep your User ID/password safe and confidential. You, as the signatory to the online Registered User have no right to disclose or transfer your User ID and password to any other person, without our formal written consent. To do so without our consent will be deemed a breach of the User Agreement and Spotskey.com reserve the right to cancel your User Agreement without compensation or recourse. Further, you accept that any breach of a third parties right to privacy resulting from such said disclosure by you or an officer or agent of your company, or your negligent safe keeping of the User ID and password, which then results in a claim, will be your sole liability. Where such claim or claims are made you hereby agree to indemnify both Spotskey.com and the relevant Network Provider without limitation.
2. Membership Eligibility.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Spotskey.com registered users. If you do not qualify, please do not use our services. Further, your Spotskey.com account (including feedback) and User ID may not be transferred or sold to another party under any circumstances whatsoever.
3. Fees and Services.
Searching Spotskey.com is free of charge for the services of advertising your space
4. Online Portal.
4.1 Release:
Both car park owners and renters release Spotskey.com (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from all claims, liability, demands, damages (actual, special, direct, indirect and consequential), losses, costs and expenses, including legal fees of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any arrangements the car park owner and renter have made.
4.2 Information Control:
We send you communications and notices regarding your transactions and your account on our Site. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the car spaces listed through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. We do not control the information provided by other users, which is made available through our system.
4.3 Personal Information Protection and Electronic Documents Act 2000:
You comply with the principles of the Personal Information Protection and Electronic Documents Act including but not limited to the fair obtaining and the use of End User information and disclosure of data.
5. Listing.
5.1 Listing Description:
You must be legally able to lease your car or storage space on our Site. You must describe your car space and all terms of lease on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to leasing the car space. All listed items must be listed in an appropriate category.
5.2 Fraud:
Without limiting any other remedies available to Spotskey.com at law, in equity or under this Agreement, Spotskey.com may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our website.
Spotskey.com reserves the right to blacklist your property/s from future listing on the Spotskey.com website.
6. Your Information.
6.1 Definition:
"Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including the Contact or the feedback area) or through any email feature. Your Information includes the descriptions of car space and owners contact details that are displayed on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restrictions:
Your Information (including but not limited to any car/storage space(s) listed) and your activities on our website must not:
- be false, inaccurate or misleading;
- be fraudulent or involve the list of car space/s without authority from the owner;
- be in breach of any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, anti-discrimination or trade practices/fair trading laws, or false advertising);
- be offensive or menacing, abusive, defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
- be in breach of copyright, confidentiality, privacy or any other rights;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights to publicity or privacy;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- are concurrently listed for lease on a web site other than Spotskey's (this does not prevent linking to or advertising an Spotskey.com item from another web site); or
- you do not have a right to link to or include
Solely to enable Spotskey.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Spotskey.com will only use Your Information in accordance with our Privacy Policy.
7. Access and Interference
Our website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to Spotskey.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission of Spotskey.com or the appropriate third party authorized to grant such permission.
8. Feedback.
You may not take any actions that may undermine the integrity of the feedback system. If you earn a 5 times negative feedback rating, your membership will be suspended, and you will not be able to list or rent.
8.1 Export.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Spotskey.com, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Spotskey.com users, you agree that you shall not market or export your Spotskey.com feedback rating in any venue other than a Spotskey.com operated website.
8.2 Import.
We do not provide the technical ability to allow you to import feedback from other websites to Spotskey.com because a composite number, without the corresponding feedback does not reflect your true online reputation within Spotskey.com community.
9. Breach.
Without limiting our other remedies available to Spotskey.com at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you :
(a) if you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
(b) if we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause legal liability for you, our users or us.
Spotskey.com reserves the right to blacklist your property/s from future listing on the Spotskey.com website.
10. Privacy.
Please note that your information will be stored and processed on our computers in Canada. Spotskey.com will never sell or rent your personal information to third parties except as described in the Privacy Policy and will not in any circumstances disclose information unless pursuant to a court order, request from law enforcement agency or a formal request from a registered legal practice pursuant to legal action or potential commencement of legal action. In you object to your information being transferred or used in this way please do not register. Spotskey.com has a Privacy Policy, which applies to all members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use our website, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a registered user of Spotskey.com.
11. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" AND AS AND WHEN AVAILABLE BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside our control.
To the extent that Spotskey.com and all affiliates and related entities of Spotskey.com are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, Spotskey.com and all affiliates and related entities of Spotskey.com expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Spotskey.com's sole discretion): a. in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
12. Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications or other services or for faults in or failures of their networks and equipment.
Our liability to you or any third party in any circumstances is limited to the greater of
(a) the total fees you pay to us in the transaction prior to the action –giving rise to liability,
(b) or $100.
13. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
14. Termination.
Spotskey.com reserves the right to terminate this User Agreement without notice upon breach of the Agreement. In addition, Spotskey.com reserves the right to terminate this User Agreement with a 30 days notice.
15. Notices.
Unless otherwise explicitly stated, notices to Spotskey.com must be sent by recorded mail to our Canada headquarters and notices to you will be sent to the email address that you provide to us during your registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. Notices sent by recorded mail will be deemed received three days following the date of mailing.
16. Governing Law and Legal Compliance.
This Agreement shall be governed by and construed in accordance with Canadian law and subject to the non-exclusive jurisdiction of the Canadian courts. The laws of your country may be different from Canadian law. There may be additional legal requirements and you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. There is no practical was for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar actions in the past.
17. Dispute Resolution.
Disputes between you and Spotskey.com regarding our services may be reported to Spotskey.com’s Customer Support. We encourage you to report all disputes between users to our local law enforcement body. However, any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by Spotskey.com. You agree to be bound by the ruling arbitrator. The costs of the dispute are to be borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
20. Additional Terms.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Spotskey.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
21. Refund Policy.
You will be entitled to a refund only if we are unable to provide you with a full membership for whatever reason or exercise our right not to grant you a full membership. You agree to accept such refund in exchange for releasing us from any liability that may arise from our failure to provide full membership. Your Full Membership will last for twelve months. If you wish to continue with Full Membershp after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. Refunds are given at the discretion of company management. We reserve the right to change our terms and conditions prior to renewing memberships. We will notify you of any change in our terms and conditions at the time of renewal.
22. General.
Unsolicited Email Policy (spam)
Spotskey.com’s policy prohibits members from sending spam, which is defined as an unsolicited, commercial email.
Further definitions:
Unsolicited - it must have been sent without the permission of the person who received it. Commercial - it discusses the buying, selling or trading of any goods or services. Message board posts or instant messaging services that are not commercial in nature are not considered spam.
What to do: Please report any unsolicited email policy violation. Disciplinary action may result in the indefinite suspension of a user's account, temporary suspension, or a formal warning. Spotskey.com will consider the circumstances of an alleged offense and the user's trading records before taking action.
Please include any information (email address or User ID of member, etc.) that would help us to review your situation. In order to investigate a spam report, we must have a copy of the email you received with the full header included.
Unwelcome Email (Non-commercial)
Notification Preferences
Spotskey.com does send emails to our members based upon your notification preferences. If you are receiving email from Spotskey.com that you would rather not receive, please review your preferences and make any desired changes. If, after you confirm that your preferences are updated (realizing that it can take a few weeks for the mailing lists to be updated), you still receive email from Spotskey.com that you would rather not have, please report the email to us and we will investigate the situation.
Threats of bodily harm
Spotskey.com policy prohibits sending user-to-user threats.
Email sent from a member attempting to impersonate Spotskey.com
Be cautious of emails that ask you to submit personal information such as your credit card number or your Spotskey.com password. Some members have reported attempts to gain access to their personal information through email solicitations that are made to appear as having come from Spotskey.com. These solicitations will often contain links to web pages that will request that you sign-in and submit information. At Spotskey.com, we identify these as 'spoofed' emails or Web sites. Remember, Spotskey.com employees will never ask you for your password, including through email.
If you receive or suspect you have received such an email, do not respond to it or click the links. Immediately send us a copy of this email.
23. Contact Details.
Address:
Spotskey.com
6 Piedmont Dr.
Thornhill, Ontario
L4J 8X8
Canada
Telephone:
416 834 4411
Email:
info@Spotskey.com