General
The following terms and conditions govern your account with Blinkay Mobility Inc. and it's Pay by Phone solutions (“Blinkay®”) which allow you to pay for parking at participating parking companies by using your phone or via the web Portal (“Portal”).
The materials on Blinkay®/Portal which may include text, images, clips software and other materials (the "Content") are provided by Blinkay Technologies and its affiliates, subsidiaries, officers, directors, employees, suppliers, service providers or agents (collectively, the "Payment Processor") for informational purposes only. By accessing the Blinkay®, you agree to be bound by the terms and conditions set out. If you do not agree to these terms and conditions (the "Terms"), do not access the Blinkay®/Portal.
No warranties
The Payment Processor provides the Blinkay® and the Information on an "as is, where is'' basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Blinkay®, or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, the Payment Processor does not represent or warrant that the Blinkay® will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Links
Links available on the Blinkay® will allow you to link to other websites including those not maintained or controlled by the Payment Processor and sites of various organisations and other third parties. The Payment Processor provides these links for your convenience but does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Blinkay®, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and the Payment Processor will not be responsible or liable for any damages in connection with linking. It is your responsibility to ensure that any website you choose to use is free of potentially destructive items such as viruses.
No liability
The Payment Processor is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Blinkay®, or the Information, or any action or decision made by you in reliance on the Blinkay® or the Information, or any unauthorised use or reproduction of the Blinkay® or the Information, even if the Payment Processor has been advised of the possibility of these damages.
Use of the Blinkay®
You may not post, upload, publish, reproduce, or otherwise distribute Information or other materials on this Blinkay®:
- that would constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; or
- which is protected by copyright, trademarks or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; or
- otherwise use this Blinkay® in a manner, which is contrary to law, or Netiquette or which would adversely impact use of the Blinkay® or the Information by other users including the posting or transmitting of information or software containing viruses or other disruptive content.
It is your responsibility to ensure that you have the appropriate hardware and software or Internet access services to allow proper use of the Blinkay®, the Service and the Information. Any additional costs associated with the Blinkay®, the Service or the Information shall be borne by you.
Trade-marks and copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Blinkay® are trade names or trade-marks owned by the Payment Processor, or trade names or trade-marks licensed to them. The trade-marks are distinguished from one another and accompanied, at first-time use, with the appropriate trade-mark symbol: ®/™/*. These symbols are keyed to their respective legend, which describes the owner or licensee of the trade-mark: The Information is protected under the copyright laws of Canada, USA and other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information.
Privacy and confidential information
Blinkay® privacy and security policies are binding parts of these Terms and may be accessed under the Privacy and Security on the Blinkay®.
Various
The information, material and content provided in the pages of the Blinkay® (the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Blinkay® will mean that you agree to any changes. The Payment Processor may terminate forthwith the use of the Service by any user, if that user has used the Service in any way that is contrary to the Terms or the law or in any way that disrupts the Service.