GARAGE APP TERMS OF USE

Last Updated: January 08 2017

 

Smartshare solutions inc. (“We”/”us”/“our”) owns and operates the website located at www.Garageapp.Co (“website”) and the mobile applications made available for download for android and ios platforms (the “app”) for use of our proprietary platform which enables registered users to schedule and book parking spots (“drivers”) from registered users who list parking spots for rent (“owners”) (collectively the “services”). These terms of use apply to all users of the services who wish to use the services as owners to schedule and make available parking spots to drivers.  

By downloading the app, creating an account or otherwise using the services as a owner, you indicate your acceptance of these terms of use. If you do not accept these terms of use, then do not use the app or this website or any of their content or services.  If you are an agent or employee of an entity you represent and warrant that (i) the individual accepting this agreement is authorized to accept this agreement on such entity's behalf and to bind such entity, and (ii) such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.  If you do not accept these terms, then do not use the website or any of its content or services.

These terms of use may be amended or updated by us from time to time without notice and these terms of use may have changed since your last visit or use of the services.  It is your responsibility to review these terms of use for any changes.  Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms.  Any new features that may be added to the services from time to time will be subject to these terms of use, unless stated otherwise.  You should visit this page periodically to review these terms of use.

In order to use the services, you must register with us and provide certain information.  For information on how we use your personal information, please see our privacy policy, the terms of which form an integral part of this agreement.

SERVICE TERMS - OWNERS

1.     The Service.  The Services allows registered users (who have downloaded the App and created an account to: (i) view parking spaces, and the cost to rent them, which are made available by registered owners in a geographical region; schedule parking spaces for yourself and for other drivers of their vehicle; (ii) pay for a parking spot using the credit card details held on account through our third party payment provider; (iv) send and receive information updates about the parking spot via text message; and (v) provide feedback.

2.     Registering as a Owner.    In order to use the Services as a Owner You must register by providing your email address and password and you will need to create an account and provide information such as your email address, password, details of all parking spots owned or operated by you which you  wish to list on the Services together with the parking spot addresses as well as your company name (if applicable), address and phone number,.  You must be at least 18 years old to register for the Services.  Any personal information provided by you to us will be stored in accordance with our Privacy Policy, which you should read carefully.   You must keep your user login details and access to the App secure.  We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account, use of your password or compromise of your credit card details.  Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security.

3.     Booking Terms.  You set your own rates for parking spots owned and operated by you.  Payment will be taken by us from the Driver and you will be paid in accordance with the terms in Section 16.  You are also responsible for providing a schedule of availability and keeping it up to date including removing availability shown on the calendar if parking spots are booked externally from the Services.  Please note that any contract for the provision and use of parking spot services is between you and the Driver and not between you and us.   If additional terms apply to use of a parking site or spot under your ownership or operation, it is your obligation to inform the Driver in advance of the requirements.

4.     Independent Contractors.  You agree that for all purposes hereunder, you are an independent contractor operating for your own account and are not employed by us and you shall not represent yourself otherwise.  You shall determine the means and manner of performing the services to Drivers. We may not and will not determine the means and manner by which you perform the services, however we reserve the right to evaluate your completed performance of the services on any Project to determine if you have performed such services in accordance with the standards of these Terms of Use. Neither party has the authority to bind the other to any third party or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties to this Agreement. It is expressly understood and agreed that the personnel furnished by you, whether employees, agents or subcontractors to perform the services under contract with Drivers shall be and always will remain your employees, agents or subcontractors, and under no circumstances are such personnel to be considered our employees or agents. We will not have any responsibility for payment of worker’s compensation, disability or other similar benefits, unemployment or other similar insurance or for withholding, income, or other similar taxes or social security for you or for any of your personnel who may work for or contract with you in conjunction with this Agreement or any contract with a Driver, but such responsibility will be solely yours.

5.     Warranties.  By signing up to become a Owner, you represent and warrant that you:

a)      Will keep the booking scheduler up to date and accurate regularly so that Drivers have access to the most current availability schedules;

b)     each contract with a Driver will constitute valid and binding obligations of Owner, in each case enforceable in accordance with its terms;

c)      you have all necessary rights (and no third party consents are required) to make the parking spots available through the Services to Drivers.

6.     Service Standards for Owners.  Customer satisfaction is of importance to us. Although we do not control the manner in which you deliver on parking contracts, we do require that all Owners (including your subcontractors and personnel) enrolled to use our Services meet the following minimum conduct standards:

a)      To operate a safe parking environment.

b)     To honour pricing and parking terms agreed with a Driver.

c)      To treat Drivers with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to Drivers or third parties.  The Services have features which enable Drivers to provide feedback on all Owners so if you mistreat a Driver we may learn of it.

d)     To ensure that parking spots booked are cleared and available at the times booked by Drivers stated in the booking schedule.

e)      To inform us prior to taking any enforcement action such as towing, if a Driver’s vehicle remains in a parking spot beyond the allotted time paid. This enables us to try to contact that the Driver has paid for so that we can inform them.

f)       To comply with all laws, statutory and parking-related regulations.

We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements

7.     Your Conduct Generally.   In using the Services You agree that You will not:

(a)   copy or distribute any part of the Website or App without our prior consent;

(b) alter or modify any part of the Website or App;

(c)   upload, post, email, transmit or otherwise make available on the Website or App or through the Services:

i)               any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,

ii)              any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm other Drivers in any way;

iii)            any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

iv)             any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any Owner, Driver or visitor to the Website or App or that compromises any person’s privacy;

(d) Impersonate any person or entity or misrepresent your affiliation with a person or entity;

(e) interfere with or disrupt the Website or App, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(f) Collect or store personal information about Drivers or viewers except with their permission; or

(g) Resell the content of the Website or App, the use of the Website or App or access to the Website or App or the content of the Website or App.

8.     Driver Conduct.  We are not responsible for the behaviour, acts or omissions of Drivers.  If you feel that a Driver has threatened, harassed or otherwise acted in an inappropriate manner, you may notify us of this conduct through the feedback features of the App.  We will take appropriate steps as necessary to review and respond to your complaint.  By submitting a complaint you acknowledge and agree that we may disclose your identity to the Driver in order to follow up directly with you in regards to your complaint.

SERVICE TERMS - DRIVERS

9.     The Service.  The Services allows eligible users (see further Section 10 below) who have downloaded the App and created an account to: (i) view parking spaces, and the cost to rent them, which are made available by Owners in a geographical region; schedule parking spaces for yourself and for other drivers of your car; (ii) pay for a parking spot using the credit card details held on account through our third party payment provider; (iv) send and receive information updates about the parking spot via text message (if you have opted to receive alerts in this manner); and (v) provide feedback on Owners and the Services generally.

10. Service Prerequisites.  You must be at least 18 years old to register for the Services as you must have a valid credit card in order to book the Services.  Any personal information provided by You to us will be stored in accordance with our Privacy Policy, which You should read carefully.   You are only permitted to create one account for the Services.

11.     Important Note on Use of the Services.  By using the Services You understand and acknowledge that we provides a marketplace that connects you with Owners and that such Owners are independent contractors and not employees of SmartShare Solutions.  Owners may be individuals, business owners, managers or agents for other persons.  Owners are solely responsible for managing and maintaining their space and you understand that we do not have any control over or any oversight of parking spots and or their condition.  We are also not responsible for ensuring security of vehicles left at parking spots of Owners nor will we be responsible for or liable in any way for any act or omissions of Owners or their personnel or agents.

12.    Booking a Parking Spot.  You can reserve a parking spot by clicking on the available times for a particular parking spot and if it is available at the selected time, you can book it automatically with no further steps required.  Please note that any contract for the provision and use of parking spot services is between you and the Owner and not between you and us.   You understand that additional terms may apply to your use of a parking site if notified by a Owner (for example, Owners may disclaim their liability to you through notices at their parking site in relation to loss or damage to property).

13.    Conduct Guidelines.  In using the Services you agree that you will:

a.          Provide accurate information when registering and keep such information up to date;

b.         keep your user login details and access to the App secure.  We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account, use of your password or compromise of your credit card details.  Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security; and

c.          treat Owners with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to Owners or third parties.  The Services have features which enable Owners to provide feedback on all Drivers so if you mistreat a Owner we may learn of it.  We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 14 below.

14.    Use Restrictions.  You shall not and shall not permit anyone to:

a.          modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services, the Website or the App or access the Services or App in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions of the Services; or (iii) advertise or promote third party products or services or your own products or services;

b.         circumvent any user limits or other timing or use restrictions that are built into the Services or attempt to again unauthorized access to parts of the Services which are not made available to you by us including access to other users accounts;

c.          resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services (or any of its components) available to any third party without our prior written consent; or

d.         use the Services for any unlawful purpose, including but not limited to: (1) sending spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third-party privacy rights or may be harmful to minors.

15.    Owner Conduct.  We are not responsible for the behaviour, acts or omissions of Owners.  If you feel that a Owner has threatened, harassed or otherwise acted in an inappropriate manner, you may notify us of this conduct through the feedback features of the App.  We will take appropriate steps as necessary to review and respond to your complaint.  By submitting a complaint you acknowledge and agree that we may disclose your identity to the Owner in order to follow up directly with you in regards to your complaint.

PAYMENT TERMS - OWNERS

16.    Fees and Payments.  The stated fee for the parking spot will be automatically charged to the Driver’s credit card when the Driver clicks to proceed with a booking.  You will be paid the stated fee for the parking spot, less a 30% service fee, within 30 business days of your aggregate payments exceeding $25, subject to Section 18.

17.  Additional Rights.   If a Driver’s vehicle is parked for longer than the agreed period in their parking services contract with you, you have the right to  have their vehicle towed but you must first follow the enforcement procedure above.

18.   Refunds and Compensation.  If you cancel a parking spot or the parking spot a Driver rented was not accessible or in a fit state (eg. partially blocked; presenting a danger to the vehicle), the Driver will be entitled to a refund or credit to their account and SmartShare Solutions will be entitled to the equivalent service fee charged to the Driver from you as compensation together with the cost of an alternate parking spot we have procured for the Driver in order to rectify your breach.  SmartShare Solutions will either set-off the service fees owed by you against future fees owed you for your parking spots rented to Drivers through the Services or we may require you to pay the amount owed within 30 days of the date of our invoice.  

PAYMENT TERMS - DRIVERS

19. Fees and Payments.  The stated fee for the parking spot will be automatically charged to your credit card when you click to proceed with a booking.  If a credit card transaction is not processed correctly, your booking will not be made.

20. Promotional Offers and Fees.  If you participate in our “Invite A Friend” promotion which may be made available from time to time by us, if any friend you introduce through a promotional code becomes a registered member who has made at least one booking with us, we will reduce your service fee by 1% per qualifying friend, up to a maximum of 10%.  If your service fee is reduced during an Invite a Friend program, the reduction will apply for the term of your account with us. It is non-transferable and cannot be shared with any other users of the Services.

21. Additional Charges.   Please note that if you park your car for longer than the time allocated to you which you have purchased, the Owner may have your car towed at your expense and/or charge you a fine for the additional time your vehicle was parked in the parking spot and the inconvenience it brought to other drivers. You are legally bound under the terms of this agreement to pay the abovementioned fine. If you have enabled notifications we will send a courtesy prompt to you when your parking is soon going to run out but we will not be responsible for any undelivered notifications to you.

22.  Fraudulent Transactions.  We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity.  If You challenge a transaction or payment, You agree that you will assist us in complying with any laws and card or financial institution rules or policies.

23.   Refunds.  If you cancel a parking spot you will not be entitled to a refund.  However, if you are unable to access and use a parking spot you booked due to the fault of the Owner, and you notify us immediately by email, we will use our best efforts to clear the parking sport or arrange for an alternate parking spots within 30 minutes of receiving your notification.  If we cannot accommodate you in this manner, you will be entitled to either receive a credit of the value of the booking for use towards a future booking or receive a full reimbursement to your credit card.

LICENSE TERMS

24.    End User License.  The App, the Website, and the information and materials contained therein (except for information and material provided by users of the Services), are the property of SmartShare Solutions Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.  Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”).   The App is licensed to you and not sold.  Nothing in the Terms of Use gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Use.

25.      App Terms. The following additional terms and conditions apply to you if you download the App from a third party app store provide such as the AppStore or GooglePlay (“Third Party Stores”). To the extent the other terms and conditions of this Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the App from Third Party Store.  You acknowledge and agree that:

·       These Terms of Use are concluded solely between SmartShare Solutions and You and not with the providers of the Third Party Stores, and SmartShare Solutions not the Third Party Store providers, is solely responsible for the App and the content thereof. To the extent that these Terms of Use provide for usage rules for the  App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply;

·       The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App.  SmartShare Solutions is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SmartShare Solution’s sole responsibility;

·       SmartShare Solutions, not the Third Party Store provider, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims; and

·       The Third Party Store provider and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these Terms of Use, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

You represent and warrant that (i) you are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Governments as a “terrorist supporting” country; and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.

26.   Use Restrictions.  You shall not and shall not permit anyone to:

a.          modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services, the Website or the App or access the Services or App in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions of the Services; or (iii) advertise or promote third party products or services or your own products or services;

b.         circumvent any user limits or other timing or use restrictions that are built into the Services or attempt to again unauthorized access to parts of the Services which are not made available to you by us including access to other users accounts;

c.          resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services (or any of its components) available to any third party without our prior written consent; or

d.         use the Services for any unlawful purpose, including but not limited to: (1) sending spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third-party privacy rights or may be harmful to minors.

COMMUNICATION TERMS

27.   Text Message Alerts.  The Services enables the transmission of alerts via SMS messaging and/or phone notifications. You may be charged for data and/or each SMS message sent or received in accordance with your network provider’s rates applicable to your mobile device plan so please check the terms which apply to such transmissions with your network provider.  You represent and warrant to us that you own the mobile device to which you have requested the SMS should be sent to and that you have full authority to authorize such charges and will be solely responsible for any charges levied by the relevant network provider.  We do not guarantee transmission of notifications or SMS messages and accordingly will not be liable for any undelivered, misdirected or failed transmissions.

28.   Feedback.  If You provide us with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Services ("Feedback"), we may use such Feedback in the Website, App, Service and/or in any other products or services (collectively, "SmartShare Offerings"). Accordingly, You agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) e (including all of its successors and assigns and any successors and assigns of any of the SmartShare Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any SmartShare Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.

29.   Advertising. You acknowledge and agree that the Website and App may contain advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that we will not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

30.   Links & Third-Party Websites.  The Website and App may contain links to other websites that are not owned or controlled by us.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service.  We are also not responsible for the content of any linked websites.  Any third-party websites or services are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence of a link to any other website(s) does not imply that we endorse or accept any responsibility for the content or use of such websites, and You hereby release us from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

LIABILITY TERMS

31.   Release.  Because we do not supervise or control interactions between Drivers and Owners, and because we cannot guarantee the information provided by Drivers or Owners, and because we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Website, App or Services, You agree that You bear all risk and You agree to release SmartShare Solutions Inc. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services, Your interactions and transactions with Drivers or Owners, Your third party transactions, and our resolution of any disputes between Drivers and Owners. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

32.   Service Disclaimer.  We disclaim any and all liability related to your interaction with Drivers or Owners or receipt of services from Owners.  You acknowledge the Internet is not a secure medium and privacy cannot be assured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging.  We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.

33.   Limitation of Liability.  In no event shall we be liable for damages of any kind, whether arising in contract (including breach of this Agreement), tort, negligence or under any other legal theory, arising out of or in connection with (i) your use, or inability to use or access the Services; including without limitation any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, lost opportunities and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

We are not responsible for: (i) losses not caused by our breach; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any passengers or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (iii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of Owners or Drivers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where we could not have reasonably anticipated that type of loss arising at the time of entering into this Agreement; (v) failure to provide or to meet any of our obligations under this Agreement where such delay, cancellation or failure is due to events beyond our control (e.g., a network failure, internet delays, rerouting acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); or (vi) if for any reason, all or any part of the Services are unavailable at any time or for any period.

34.   Disclaimer of Warranties.  The Services are provided ‘as is’ and we make no representation or warranty, either expressed or implied, or otherwise, including any representation or warranty that the Services, its contents or any services will be accurate, reliable, timely, secure, error-free or uninterrupted, that defects will be corrected, that the App is free of viruses or other harmful components or that any Services obtained will otherwise meet your needs, requirements or expectations.  Any statutory warranties are disclaimed to the maximum extent permitted by law and you hereby waive the benefit of any statutory warranties to the maximum extent permitted by law.  For greater certainty, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Services. Your use of the Services and the App is at your own risk.

35.   Indemnity.  You shall indemnify, defend, and hold us (including our officers, directors, agents, and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively “Claims”), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from us by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by You; (b) violation of any law or regulation by You (including, without limitation, any privacy or personal information protection law or regulation); or (c) breach of any warranties or material terms of this Agreement by You.  

GENERAL TERMS

36.   Termination.  We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Services, the App or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with us (including, without limitation, non-payment of any fees owed in connection with the Services or otherwise owed by You to us), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You.  You acknowledge and agree that all terminations may be made by SmartShare Solutions in its sole discretion and that we shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website.  Any termination of these Terms of Use by us shall be in addition to any and all other rights and remedies that we may have.

37.   Availability & Updates.  We may alter, suspend, or discontinue the Website, App and/or Services at any time and for any reason or no reason, without notice. The Website, App and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  We may periodically add or update the information and materials made available through the Services without notice.    

38.   Security.  Information sent or received over the Internet is generally unsecure and Garage cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.   You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure.  We will not be liable for any loss or damage arising from your failure to comply with these requirements.

39.   General.  These Terms of Use and any documents referenced herein constitute the entire agreement between the parties relating to the Website and Service and all related activities.  These Terms of Use shall not be modified except by a new posting of these Terms of Use issued by us.  If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of us to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.  We may assign these Terms of Use without restriction. The Terms of Use shall be governed by the laws of the Province of British Columbia without regard to choice of law principles.

40.   Contact.  If you have any questions about these Terms of Use or if you wish to make any complaint or claim with respect to the Website, App or Services, please contact us at: info@Garageapp.co.