- PURPOSE
1.1 These General Conditions define the relationship between OpStar and Users or Visitors as well as the relationship between Users, Visitors or Users and Visitors. By using or accessing the Application, Users and Visitors agree to be legally bound by these Terms and Conditions.
1.2 You may contact OpStar by email at info@opsoft.ca or by telephone at +15142908069.
1.3 The Application offers the User the possibility to participate in the publication, reservation of a Parking Space and to use the other Complementary Services offered by the Application.
1.4 When registering on the Application, the User must provide his/her first name, last name, email address and password, so that the Application can identify the User each time he/she accesses the Application. The User may also be asked to provide other information about him/her (address, banking information, credit cards, etc.) in order to allow OpStar to have all the information necessary to complete a financial transaction. The Application may require a User to verify their account for security purposes. This may include verifying the User’s pin code or other confirmation that OpStar may enter in its sole discretion. All data collected as a result of such confirmation will be treated as confidential.
1.5 OpStar may unilaterally replace or amend all or any of the provisions of the Terms and Conditions. If OpStar makes any such changes, it shall notify the User and give the User thirty (30) days to reject the revised Terms and Conditions, which the User may do by deleting his or her Account. By continuing to access and use the Site after such changes take effect, User shall be deemed to have accepted the new Terms and Conditions.
- DEFINITIONS
The following terms, when used in these Terms and Conditions, shall have the meanings set forth below. All other defined terms used in these Terms and Conditions are capitalized when used.
Holder – means any User who creates and posts a Parking Opportunity on the Application.
Applicant – means any User who applies for a Parking Opportunity on the Application.
Parking Space – means any physical space temporarily occupied by a Vehicle legally parked for free or not.
Transaction – means any agreement initiated, canceled, in progress, pending, or completed between the Holder and the Requester regarding a possible transfer of Parking Space occupied by the Holder and desired by the Requester.
User Account or Account – means the User’s registration on the Application; the account created contains personal data as well as data about the Vehicle.
Private Messages – means private messages between Users through the messaging system of the Application, which can only be accessed by the relevant Users.
Services – means all the services offered on the Application, including the Main Services and the Additional Services.
Integrated Payment – means the online payment service available in connection with transactions entered into on the Application, facilitated by a third party payment processor, Stripe Payments Canada, Ltd. a limited liability company registered in Vancouver, British Columbia, Canada, under registration number BC0931840 (hereinafter \”Stripe\”);
Application – means the iPap application, downloaded to smartphones.
Opportunity – means any information related to a Parking Spot occupied by the Vehicle assigned to the Cardholder, which is about to leave that Spot. The Opportunity is valid for a defined period of time. It is intended for any other User who wishes to benefit from the Space.
Sharing – means any information related to an occupied or free Parking Space, for which the Holder has proof of payment for that Parking Space for a specific time period.
Vehicle – means any conveyance that occupies a free or paid Parking Space, excluding non-motorized bicycles.
User – means any natural person who has registered on the Application and agreed to these Terms and Conditions.
3. CREATE AN OPPORTUNITY
3.1 To create an Opportunity on the Application, Holder agrees that the requirements set forth in this section as well as the following conditions must be met:
Only photos of the Vehicle occupying the Parking Spot for which the Opportunity is being created shall be attached to the Opportunity.
The Parking Space linked to the Opportunity must be legally occupied by the Vehicle listed in the Opportunity.
The time interval covered in the Opportunity must correspond to a period of time during which it is legally permitted to occupy the Parking Space, whether free of charge or not.
Only photos of the Vehicle are permitted as evidence in the Opportunity and the rest of the Application.
The Holder acknowledges that the addition of an Opportunity in the Application constitutes a binding offer to sell the particular Space by the Holder, which may be accepted by a Requester by finalizing the purchase process by clicking the \”Pay\” button in the Application.
3.2. To add an Opportunity, the Holder must:
(a) provide the information necessary to create the Parking Opportunity ;
(b) describe the Opportunity as accurately as possible;
(c) provide at least one good quality photograph per Opportunity added, each of which must be uploaded when the Opportunity is added. The uploaded photograph must reflect the actual quality and exterior appearance of the Parking Spot. Uploading photographs found on the Internet and/or photographs of a similar object is prohibited.
3.3 By adding the Opportunity, the Holder represents and warrants that the added Opportunity is as described and that all photographs uploaded to the Application are photographs of the actual Opportunity added.
3.4. The Holder who added the Opportunity may modify it at any time prior to entering into a Transaction with a User for the sale or exchange of the Opportunity in question.
4. CREATE A REQUEST
4.1 To create a Request on the Application, the Requester must have previously registered and logged into the Application.
The Applicant may only create one Request at a time for a given Opportunity.
The Requester will only be able to consult the precise location of the Opportunity after having paid the amount requested by the Holder including taxes.
The Requester shall use the payment platform offered in the Application using the payment methods offered exclusively.
5. CREATE A TRANSACTION
5.1 The Holder is the only User entitled to create a Transaction after selecting one of the Requests received for his Opportunity.
The Holder may not make more than one Transaction for the same opportunity,
A transaction is automatically \”in progress\” when it is created. It can be \”cancelled\” by each User involved, or put on hold when the Requester refuses to complete the transaction after the Vehicles have been transferred. When the Requester agrees to complete the Transaction, its final status becomes \”Completed\”.
When cancelling a Transaction, the canceller must provide a reason for the decision.
The Requester has the option of adding photos to the Transaction as proof of transfer of the Vehicles.
The Keeper has the obligation to add photos to the Transaction as proof of transfer of the Vehicles in order to request the completion of the Transaction.
When the Requester makes a payment, an authorization to withdraw the amount including taxes is made. At this point the amount is not yet withdrawn from the Petitioner’s account.
When the Transaction is cancelled, the authorization is cancelled.
It is the responsibility of the Applicant to ensure that the Parking Space for which he/she has applied is valid according to the regulations of the relevant municipality.
The Applicant must accept the completion of a Transaction only if the Parking Space is valid and his Vehicle has replaced the Vehicle of the Keeper.
When the Transaction is completed by the Requester, the authorized amount is permanently transferred to the Cardholder’s account.
The Requester and the Keeper acknowledge that if they have agreed to complete a Transaction using any of the methods described above:
A legally binding contract is created between the Requester and the Holder for the exchange of Parking Space. ;
That it represents a binding commitment by each party to the Transaction to perform the contract on the terms agreed to by the Holder and the Requester.
For the avoidance of doubt, OpStar accepts no responsibility for the quality and/or safety of the Parking Space. In particular, Requesters apply for Opportunities via the Application at their own risk.
The Holder will be required to provide his or her bank details so that the profits from sales made on the Application can be transferred to his or her personal bank account.
6. REQUESTER PROTECTION
6.1 Applicant Protection automatically and mandatorily applies to any Transaction completed on the Application. Applicant Protection includes Transaction facilitation services, customer assistance services to facilitate Transactions and a refund policy that allows the Applicant to request a refund for paid but not redeemed Parking Spaces. Petitioner Protection is not considered insurance or other forms of legal protection coverage.
Dispute Period. The Transaction will be suspended and OpStar will retain the purchase price, the Petitioner Protection fee for the entire Transaction (including any applicable taxes).
6.8 Petitioner Protection is an OpStar service to the Petitioner. The rights of the Requester against the Holder and the rights of the Holder against the Requester under the sales contract remain reserved. User acknowledges that: (i) OpStar is not a party to any Transaction entered into on the Application; and (ii) OpStar provides Requester Protection as an additional service, as OpStar is not itself a provider.
7. INTEGRATED PAYMENT SERVICE
7.1 The amounts paid by the Claimant, including the purchase price, Buyer Protection service fees, as well as any collectively applicable tax (hereinafter the \”Total Purchase Price\”) will be retained by Stripe, until ‘until the Transaction is closed, when the purchase price plus all applicable taxes will be released to the Holder’s Stripe connected account and paid daily to the Holder’s bank account, if the necessary KYC checks are completed:
(i) as soon as the Applicant confirms via the platform that he has indeed taken possession of the Parking Space by clicking on the \“Complete order\” button; or
(ii) automatically after the expiration of the Dispute Period if no dispute is submitted with respect to the Parking Space; Where
(iii) if a dispute is opened during the Dispute Period, after the dispute has been resolved.
7.2 By using the Integrated Payment System on the Application, Users acknowledge that a third party processor is responsible for processing payments and collecting, using and maintaining credit and debit card information. of Users and understand that Users may be required to agree to the processor’s terms and conditions in order to use the service. Applicant shall be solely responsible for the transmission of their credit or debit card information and OpStar hereby disclaims all liability to the fullest extent permitted by applicable law.
7.3 Users acknowledge that the right to use the Integrated Payment Service is only granted in the context of sales made by a User in his own name. Users are not permitted to resell, hire or otherwise authorize third parties to use the Integrated Payment Service to enable such third parties to be remunerated for their services. Users are not authorized to use the Integrated Payment Service for types of products and services other than those subscribed on iPap. In particular, the User confirms that he will not use the Integrated Payment Service for any Parking Space that is not defined as an Opportunity. If OpStar discovers at any time that the information a User has provided about him or her is false or has changed without OpStar’s knowledge, or if a User violates any of these terms, the Services may be suspended and/or or terminated with immediate effect.
7.4 Upon suspicion of fraud of any kind by a User, OpStar will immediately suspend the User’s Account and suspend all pending Transactions, pending the results of the ongoing investigation.
7.5 In the event of a problem (such as, for example, signs of suspected illicit sales on the Application, money laundering, spam, or violation of the terms and conditions of the payment service provider) reported by the provider in charge of the Service OpStar Integrated Payment System, OpStar may immediately suspend User’s Account and all pending Transactions, pending the results of the ongoing investigation.
7.6 OpStar reserves the right to suspend a User’s Account if the User has initiated a dispute resolution procedure with respect to a Transaction through an external payment provider and, in consideration of all of the circumstances relating to the dispute resolution process initiated, OpStar has a legitimate reason to suspend the User’s Account (for example, in the event of violation of applicable laws and/or non-compliance with these Terms and Conditions and/or in case of possible misuse of the Application).
8. PAYMENT AND REFUNDS
8.1 All prices are quoted in Canadian dollars (CAD). A 15% tax is applied.
8.2 The Integrated Payment Service allows the Buyer to pay by credit card, debit card or virtual card, or any other payment method approved for the Integrated Payment Service on the Application at the time the Transaction is concluded.
8.3 The total amount of the Transaction (which includes the reservation price of the Parking Space, Buyer Protection, and any applicable taxes) will be paid by the Requester using the payment method selected at the time of ordering and the total amount to be paid to the Holder under the Transaction will be provided to the Holder upon completion of the Transaction.
9. INTERACTION AND MESSAGES ON THE APPLICATION
9.1 Users may exchange information with other Users through Private Messages and Public Comments. Users may use Private Messages and Public Comments to share information about Parking Spaces. The use of Private Messages and Public Comments for any other purpose is prohibited.
When sending Private Messages and/or posting Public Comments on the page detailing a Parking Spot, User must take care not to send and/or post:
messages, comments or information of an advertising nature
Spam or content containing viruses or worms;
messages, comments or information containing texts that are contrary to public morality and order, inappropriate, insulting, defamatory or otherwise considered incompatible with these General Conditions and the interests of Users
messages, comments or information of an illicit nature or otherwise attempting to harm other Users and/or the Site;
messages, comments or information that may be qualified as harassment of any kind.
If a User sends Private Messages to another User, he/she must also ensure that he/she does not send mass messages of any kind (where a message is sent to more than five Users or where the same message is copied and sent to Users who have not requested to receive it).
Users acknowledge that, through the use of algorithms, OpStar employs automated software to detect Public Comment content that is contrary to public decency and order, inappropriate, insulting or defamatory content posted as a Public Comment. In the event that a Public Comment containing such content is detected by the automated software, the Public Comment and the User may, without prejudice to other remedies, be automatically blocked in accordance with Article 11 below and/or hidden from the User to whom it was sent. The User submitting the blocked and/or hidden Public Comments will be notified of its obligation to comply with the Terms and Conditions and informed that OpStar may take additional measures such as suspending the User’s Account in the event of further violations. The foregoing automated tools adopted by OpStar do not constitute an obligation on the part of OpStar to monitor or actively seek out illegal activity and/or content on the Application and, to the extent permitted by applicable law, do not generate any liability on the part of OpStar.
10. RESPONSIBILITY
10.1 All Visitors and Users are fully responsible, in their capacity as publishers, for all the information they post on the Application and, where applicable, the Parking Spaces they offer, sell, exchange or transfer to other Users. In particular, it is specified that when a User posts Opportunities, this User acknowledges and accepts that he is entirely responsible for the information, description, confirmations, accuracy of other information provided and communications with other Users (including Private Messages, Public Comments) and, in general, Transactions carried out with other Users and disputes that may arise therefrom (hereinafter, together, the \ \”Content\”). Holders are fully responsible for the quality and/or safety of Parking Spaces they sell on OpStar and Users use such Parking Spaces. entirely at their own risk.
10.2 In this regard, Visitors and Users must comply with all applicable laws. Users and Visitors must in particular refrain from (i) infringing the rights of third parties, (ii) infringing intellectual property rights, (iii) inciting offenses or crimes, discrimination, hatred or violence based on race, ancestry, place of origin, ethnic origin, religion or belief, sex, gender, age, marital status, marital status, disability, citizenship status, sexual orientation, gender identity, gender expression, or any other characteristic protected by applicable law, (iv) communicating false information or confidential information, (v) making defamatory statements , (vi) commit acts that could endanger minors, (vii) publish the personal data of other individuals or violate the privacy rights or (viii) impersonate others.
10.3 In the event that the Content does not comply with the restrictions provided for in Article 10.2 or, in general, in the event that a User or a Visitor does not comply with these General Conditions, the User or Visitor acknowledges and accepts that he is solely responsible for direct and indirect damage resulting therefrom with regard to third parties or OpStar. Accordingly, any User or Visitor acknowledges and agrees that, in its capacity as host, OpStar does not in any way verify the Content and, to the extent permitted by law, will in no event be liable for any such damages or losses suffered by Users and/or by third parties. In particular, without limitation, OpStar shall not be liable for: (i) the acts or omissions of Users and Visitors, (ii) information posted on the Application by Users and Visitors, their subjects, their accuracy, completeness and/or compliance with applicable laws or (iii) the quality and quantities of the Opportunities that Users sell or purchase through the use of the Application, nor their compliance with the description given.
10.4 OpStar is not responsible for Content uploaded by Users. Users are responsible for the Content they upload. OpStar will remove User Content that has been duly notified to it in accordance with the procedure described in Section 11 and applicable laws and that violates applicable laws and/or OpStar’s policies, i.e. the set of rules/regulations governing the use and operation of the Site. OpStar may take action against the User, in particular with regard to the use of his Account, as provided for in Article 12 below. If a User or Visitor discovers illegal content or content that violates these Terms and/or its rights and/or those of a third party, OpStar must be notified immediately and the User must report the content.
More generally, Users must refrain from posting any type of illicit, erroneous or inaccurate Content. Users must act and use the Application in good faith.
10.5 The User is expressly reminded that the Internet is not a secure network. The User acknowledges and is fully aware of the lack of reliability of the Internet, particularly in terms of potential security breaches regarding data transmission and the absence of performance guarantees regarding the volume and speed of data transmissions. OpStar makes every effort to make the Application as secure as possible. However, the Internet is not a secure network and system reliability may be affected beyond OpStar’s control.;
10.6 To the extent permitted by applicable law, OpStar shall not be liable for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees as to the volume and speed of data transmissions. Under these conditions, it is up to Users to take all appropriate measures to protect their own data and/or software, in particular from contamination by any viruses circulating on the Internet.
11. OBLIGATIONS OF THE USER
11.1 The User undertakes:
when registering on the Application, to provide sincere information about him, in particular his first name, last name and email address;
to register on the Application only once and not to create more than one Account;
not to use the Application and/or the Services with a view to carrying out illicit acts or transactions or fraudulent acts;
when using the Application, to provide objective, fair, exhaustive and detailed information on the proposed exchange and/or sale;
to ensure that the price offered for the exchange and/or sale of the Opportunities, as well as the other information relating to the Opportunities, are fair;
not to use (including share and/or publish) misleading or erroneous information and/or data;
not to encourage the acquisition of products whose sale is prohibited or restricted;
not to use (in particular share and/or publish) photographs (i) for which the User concerned does not hold the intellectual property rights (in general, these are photos found on the Internet), or (ii) which contain links to other websites;
not to use (in particular share and/or publish) photographs (i) on which persons other than the User concerned are visible, unless the other visible persons have given their consent for the publication of these photographs; or (ii) which are or are likely to be considered as photographs contrary to morality and/or public order (for example erotic photographs, pornographic photographs or photographs showing violent content);
not to offer and/or sell and/or buy and/or transfer Parking Spaces in violation of the intellectual property rights of third parties, such as registered trademarks and/or other signs insofar as they are protected by the applicable law (such as company signs in certain jurisdictions) and/or patent rights and/or copyrights;
not to violate the property rights and/or personal rights of third parties (including intellectual property rights);
not violate any applicable laws and/or regulations;
not to act contrary to public order and/or morality
not to use (in particular share and/or publish) programs and/or computer files which contain viruses or which could (i) disrupt the normal operation of the Site and/or Services, (ii) infect the computers of Users and consequently cause damage to the User or his property or (iii) prevent the User from using the Application, the Services or the User’s computer;
not to offer and/or share and/or otherwise promote links to other websites and/or companies that provide services similar to those offered on the Application.
13.3 Users and Visitors undertake not to collect, aggregate, transmit to third parties, make public, publish or disclose data from Users of the Site or data concerning the actions of Users of the Site, including Transactions, their number, type, price, etc., if the data becomes available unlawfully or as a result of an unlawful act or omission.
Users and Visitors also undertake not to collect, accumulate, transmit to third parties, make public, publish or disclose the information appearing on the Application, if such action is likely to infringe the rights of other Users. . This restriction does not apply to the \”share\” function which exists on the Application and gives the possibility to Users to share public information available on the Application, on the Accounts on the Social Networks of OpStar or on their own accounts on social networks, as well as to send such information to themselves or to others by e-mail.
11.4 To the extent permitted by applicable law, OpStar is not responsible for any User’s conduct while using the Application or Services. In particular, OpStar is not liable for the improper execution or non-execution of Transactions by Users.
11.5 The User agrees to keep his username and password confidential with respect to third parties, except for persons who have been authorized by the User to use his username.
11.6 The User undertakes to update, without delay, the information on the Application which is no longer relevant due to changes in their data (in particular those provided at the time of their registration on the Application), as well as only information that is no longer relevant on the Parking Spaces and their status.;
11.7 When using the Site, the User or Visitor declares:
(i) that he is 16 years of age or older, or – if he is under 16 – that his parent or legal guardian supervises and approves his registration/use), (ii) that he uses all the Services of the Site in order to satisfy his personal needs, not related to a professional activity, and (iii) that he has the full capacity and all the rights to carry out the Transactions on the Application;
that he accepts and respects the General Conditions and all other contractual documents, such as the Trust and Security Policy, as well as the other rules of the Site;
that he understands that he is entirely responsible for the Transactions carried out
12. RIGHTS AND OBLIGATIONS OF OPSTAR
12.1. OpStar may limit, in whole or in part, the use of the Application (indicating the conditions of such limitation), suspend or terminate the User’s account or the Visitor’s ability to use the Application, prevent the User from re-registering or visiting the Application, subject to OpStar giving notice and observing a reasonable notice period, if the User and/or Visitor:
breach or violate their obligations under the Terms and Conditions, other rules of the Application;
provide incorrect, misleading and/or incomplete information under these Terms and Conditions when registering on the Application or using the Application;
deliberately and intentionally disclose incorrect information on the Application, insult other people or act inappropriately;
use the identity of other Users of the Application;
connect from the same IP address or computer that was blocked due to violations;
offer prohibited parking spaces.
12.2 Notwithstanding the foregoing, OpStar may deactivate or restrict User’s account with immediate effect and without notice if:
the User has committed a material violation of these General Conditions, or other rules of the Application:
In the event of fraud, fraudulent activity, abuse or misuse by the User of the iPap services.
The creation of more than one account on iPap.
the User has already received at least two (2) breach warnings from iPap;
The use of the services by the User violates laws, regulations or rules of public order or is likely to have serious consequences for the health, safety or legitimate economic interests of other Users;
OpStar is under a legal or regulatory obligation to terminate User’s account in a manner that does not allow OpStar to meet a notice period;
OpStar exercises a right to terminate for compelling reason in accordance with applicable laws; there is a risk to the security and technical operation of OpStar’s IT system.
12.3 Subject to the same conditions as described above, OpStar may, by giving notice to the User/Visitor concerned, limit, in whole or in part, the User’s account or the Visitor’s access . The \”Partial Blocking\” means that the User will not be able to add Opportunities, to communicate with other Users. \”Total Blocking\” means that the User’s Account will be blocked and/or deactivated, and that the ability to access the Application from the User’s computer will be blocked. The User should know that after a \”Total Blockage\”, he will no longer have the right to re-register on the Application. Disabling User’s Account does not mean that OpStar will delete all relevant Account information, including User’s personal data, to the extent that it may be retained in order to learn more about the circumstances under which OpStar has taken the decision to cancel the User’s Account and to transfer this data to the institutions and authorities responsible for enforcing the laws.
12.4 OpStar may immediately, without notice, remove or remove any User Added Opportunities or other User Provided Content from the Application if such Parking Spaces or Content:
are illegal (e.g. misinformation);
breach these Terms and Conditions;
are contrary to morality or public order;
13. GOVERNANCE, DISPUTE RESOLUTION, TERMINATION AND IP RIGHTS
13.1 These General Conditions shall be governed by and interpreted in accordance with the provincial law of the User’s place of residence at the time he creates an Account and in accordance with Canadian federal law applicable hereto.
13.2 In the event of a dispute between OpStar and the User, OpStar encourages Users to first approach OpStar in all cases to find an amicable solution. The User may send a written complaint to Customer Service.
13.3 The User may terminate his relationship with OpStar at any time, with immediate effect, after having fulfilled all his obligations resulting from the Transactions he carried out before the end of his relationship with OpStar. User may terminate their relationship with OpStar by deleting their Account through Account Settings. OpStar may terminate its relationship with a User upon thirty (30) days written notice (sixty (60) days for Users residing in Quebec) or electronically. In addition, OpStar may also terminate its relationship with a User with immediate effect if the User breaches any applicable law or regulation or the provisions of these Terms and Conditions by the User as well as in the event of fraud, fraudulent, abuse or misuse by the User of the OpStar Services.
13.4 OpStar and its group companies own all rights, including intellectual property rights, in and to the Application, including but not limited to its system, the layout and design of the Application, the software used by and for the Application, application programming interfaces (\”API\”), trademarks and domain names used by and for the Application. No license, assignment or other transfer of any intellectual property or related rights is granted by OpStar to User for any purpose.
13.5 All notices, requests and other information exchanged between any User and OpStar will be sent as set out in the Terms and Conditions via the contact form on the App, and/or by/to the User by email at e-mail that he will have indicated when registering on the Application.
13.6 The Terms and Conditions do not create between OpStar and Users a partnership (regardless of its legal form), a relationship governed by labor laws, a relationship between a commercial agent and his client, or a relationship of franchise.
13.7 OpStar may, subject to applicable data protection laws, transfer and/or assign all rights and obligations which are attached to these General Conditions, to any third party, in particular in the event of an assignment of branch of activity, merger by formation of a new company, merger absorption, OpStar or any change of control affecting OpStar provided that this does not reduce the protection of consumer rights under applicable law. Such transfer/assignment releases OpStar from any obligation as operator of the Site, including to its Users and Visitors for the future. In the event of transfer and/or assignment of these rights and obligations which are attached to these General Conditions, to third parties, any User may immediately terminate their relationship with OpStar and close their Account. Users may not transfer or assign all or part of their rights and obligations arising from these General Conditions.
13.8 A User may object at any time to the access, use or operation of the Site or Services by means of a notification. Notifications should be forwarded to OpStar via the contact form.”
14. LIABILITY
14.1 Nothing in these Terms and Conditions limits or excludes OpStar’s liability to User for death or personal injury caused by OpStar’s negligence, fraud or fraudulent misrepresentation, or any other type of liability which does not may be excluded or limited by law.
14.2 To the extent permitted by applicable law, OpStar makes no warranty or representation, express or implied, that this Site, its content and its Services (1) are accurate, complete, current or fit for purpose. any use or (2) are free from error or omission. To the extent permitted by applicable law, you use the Application at your own risk.
14.3 To the extent permitted by law, OpStar excludes all conditions, warranties, representations or other terms, whether implied or statutory, which may apply to this Site, its content or its Services.
14.4 To the extent permitted by applicable law, OpStar is not responsible for any action or inaction of Users of the Site or the services, or content provided by Users of the Site, including, without limitation:
descriptions or photos of the Parking Spaces, including their accuracy and completeness;
the quality, legality or safety of the Parking Spaces;
the Holder’s right of ownership to the Parking Spaces; Where
the right of the Holder or the Buyer to conclude a sale or the rights of the parties to conclude such Transaction.
14.5 Subject to Section 14.1, OpStar shall not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material which may infect your computer equipment, computer programs, data or any other proprietary material by reason of your use of the Site or Services, or your downloading of any content on this Site or any website associated with it.
14.6 OpStar is not responsible for third party service providers that you integrate with your account. OpStar shall not be liable for any loss or damage that may arise from your use of them.
15. NO WAIVER
OpStar shall not be liable for any delay or failure to perform any obligation under these Terms and Conditions if such delay or failure results from events, circumstances or causes beyond OpStar’s reasonable control. OpStar. In such circumstances, OpStar shall be entitled to a reasonable extension of time to perform its obligations under these Terms and Conditions.
16. SEVERABILITY
If all or part of any provision contained in these Terms and Conditions is held by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision shall to that extent be severed from the remaining provisions which shall continue to be valid. and enforceable to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These Terms and Conditions and all documents referred to herein constitute the entire agreement between OpStar and any User and supersede and terminate all prior agreements, promises, assurances, warranties, representations and understandings between OpStar and any User, whether written or oral, relating to their subject matter OpStar and User and Visitor agree that in accepting these Terms and Conditions they have not relied upon any affirmation, representation, assurance or warranty ( whether made innocently or through negligence) that is not set forth in these Terms and Conditions or any document to which they refer. Neither OpStar nor a User shall rely on any misrepresentation, whether it is made innocently or negligently, based on any of the statements contained in these General Conditions or in any document which reference is made.”
18. HEADINGS
The section titles used in these Terms and Conditions are included for convenience only. They do not form part of these Terms and Conditions and do not limit or affect the provisions hereof in any way, and shall not be used to interpret these Terms and Conditions.
19. LANGUAGE
These General Conditions, all the documents to which they refer as well as all documents relating thereto have been drawn up in French at the express request of the parties.