CONDITIONS OF USE - P$ Mobile Service

The present document, along with the information that appears in it or that is supplied through the P$ Mobile Service application or the P$ Mobile Service web site (the “service”) is a contract between you (the “user”) and Société en commandite Stationnement de Montréal (“SCSM”) regarding the conditions associated with the use of the service (the ’”agreement”). The user must read all of the terms and conditions carefully before using the service. By using the service or by accessing it in any way whatsoever, the user accepts and consents to all of the terms and conditions set out in the present agreement. If, at any time, the user does not accept or cannot accept the terms of the present agreement, the user must cease to access and use the service and must uninstall it.

Use of the service

The use of the service may requires the use of an electronic device, telephone service, mobile wireless data service, text messaging service, or e-mail service, which must be obtained from a mobile telephone or Internet operator. The user is responsible for procuring the appropriate devices to allow the use of the service and for assuming the usual or additional charges related to these devices in relation to the functionalities of the service that the user requires.

Provided that the user complies with the present agreement and pays the full amount of any sums that the user owes SCSM for the use of the service, SCSM grants the user the untransferable right to access the service to pay for parking spaces within the City of Montréal. Paying for a parking space through the service does not grant the right to park a vehicle in that space if it is already occupied or if access to it is limited in any way. It is the user’s responsibility to determine, before paying for a parking space through the service, that parking is authorized and available for the space that the user wishes to use.

The user is forbidden to authorize any third party to use or access the service.

The user is solely responsible for the utilization parameters chosen for the service, as well as for managing the user’s account and password (PIN) and for protecting the confidentiality of this password. The user is also the only person responsible for limiting access to his or her user account. If the user forgets his or her PIN, the user must open a session in the application or by means of the web site, then select the “Reset PIN” link on the “Secure login” screen and follow the instructions.

The user agrees to be responsible for all activities and operations that the user or a third party performs in the user’s account or with the user’s password. If the user believes that a third party has obtained or guessed this password, the user must use the service’s password-regeneration function as soon as possible to obtain a new password.

The user agrees that when SCSM requires personal information from the user but the user refuses or fails to provide it, certain functionality or content of the service may be unavailable for his or her use.

Charges and payments

The hourly fees for parking are set by the City of Montréal and vary with the location where the user’s vehicle is parked. The user cannot pay for a period exceeding the maximum authorized parking time, which may vary with the location of the parking space. In addition to the hourly parking fee, the user must pay a service fee of 7 cents per transaction conducted through the service. Note that every transaction is processed independently of the preceding ones. By using the service to pay for a parking space, you consent to pay this fee.

For every transaction conducted through the service, the user shall receive, by e-mail, a receipt (the “receipt”) showing the date of the transaction, the start time and end time of the requested parking period, the number of the parking space paid for, a transaction number, and the cost of the transaction (including the parking fee and the service fee). SCSM recommends that the user keep a copy of each receipt on file, because it might be useful if he or she wishes to dispute a parking ticket. Note that in the event of any discrepancy between the time shown on the receipt and the time indicated on the user’s device (smart phone or computer), the time shown on the receipt will take precedence. If the user loses or deletes a receipt, he or she can access any of the receipts issued since the user’s account was first opened, in the “History” section of the service.

The user is required to provide SCSM with valid information about the credit card of his or her choice, from among the types that SCSM accepts, which will then be linked to the user’s account. SCSM will charge all fees for parking and for use of the service to the credit card that is linked to the user’s account. The user can modify this information at any time by accessing the “Payment Info” section of the service. If the information for the credit card linked to the user’s account changes, the user must update it through the “Payment Info” function.

SCSM cannot be required to complete a transaction for which its payment processing centre cannot process a payment, whether because insufficient funds are available on the user’s credit card or for some other reason. If this situation arises, the user will receive an error message from the service, and the transaction will be declined. In addition, SCSM may suspend the user’s account for an indefinite time so that SCSM can communicate with the user regarding the information sent and enable the user to update it. Such a suspension in no way relieves the user of the obligation to pay the fees related to any use of a parking space, and SCSM cannot be held liable, under any circumstances, for any fines, parking tickets, notices, penalties, towing fees or impoundment fees charged to the user.

All amounts mentioned in the present agreement and posted in the service are in Canadian dollars and include all applicable taxes.

Parking tickets

The City of Montréal and its boroughs are the entities responsible for the regulations and policies regarding parking, parking fees and signage. SCSM is not the entity responsible for issuing, managing or handling disputes over parking tickets. If the user wishes to dispute a parking infraction with which he or she has been charged, the user must contact the City of Montréal or the borough concerned, in accordance with the procedure that appears on the ticket that the user has received. It remains understood that SCSM cannot relieve the user of the obligation to pay any fines associated with a parking ticket and payable to the City of Montréal or to the borough concerned, nor reimburse the user for such fines.

Functions provided by the service

a) Notification by text message, alerts, sounds and icons

The notification program is provided through the service and is a subscription service. Transmission of notifications depends on the user’s telecommunication (cellular or Internet) service provider and on how the user configures the notification service. The user must consult the wireless service provider to obtain information about the charges that the user will incur to receive these notifications and the times allowed. The user is responsible for managing the periods of paid parking through the service. SCSM in no way guarantees the appropriate, timely transmission of these notifications and cannot be held liable for any consequence whatever of the user’s not having received a notification or having received it after the authorized parking period had expired.

To deactivate his or her account, the user must go to pservicemobile.com, open a session, select “Profile”, then hit “Deactivate account”.

b) Timer

The user is responsible for managing the parking periods paid for with the service. The time remaining displayed on the timer is based on an approximation and is sent by the service for indicative purposes only. SCSM cannot be held liable for any consequence whatsoever of this information’s being incorrect or inaccurate.

c) Space Info

The service distributes information about the rates and regulations that apply to each parking space, identified by a unique number, at the time that the user consults this information. This information is sent for indicative purposes only. SCSM cannot be held liable for any consequence whatsoever of this information’s being incorrect or inaccurate. The information posted on the regulatory signage located near every parking space constitutes the authoritative statement of the rates and regulations that apply to it and takes precedence over any other information. It is the user’s responsibility to ensure, before leaving his or her vehicle in a given parking space, that no parking prohibitions apply to it.

Unavailability of the service

Though SCSM makes the necessary efforts to ensure that the service remains available, in some cases it may not be, for an indefinite time, for reasons including technical problems, connection problems, technological incompatibilities, breakage, bad weather and situations beyond SCSM’S control.

In such cases, the user always remains responsible for paying the required fee for the use of a parking space, which can be done directly at an SCSM payment terminal in order to avoid receiving a ticket.

Prohibitions

To maintain his or her access to the service, the user agrees to refrain from doing any of the following:

  1. Impersonating or misrepresenting his or her relationship with a person or entity;
  2. Accessing or using parts of the service or of SCSM’s or its suppliers’ information systems that are not public;
  3. Attempting to probe, explore or assess the vulnerability of the service or of a related SCSM system or network, or violating the safety or authentication measures used as part of the service or in the systems and networks of SCSM or its suppliers ;
  4. Attempting to decrypt, decompile, disassemble or reverse engineer the software used to provide the service;
  5. Harming or threatening to harm other users in any way whatsoever or blocking or attempting to block access for a user, host or network, in particular by sending the service a virus or by overloading, flooding, spamming or mailbombing it;
  6. Providing payment information that belongs to a third party;
  7. misusing the service in a manner contrary to its intended use, its documentation or SCSM’s reasonable instructions.


SCSM reserves the right to investigate any suspected violations of the above-mentioned conditions and to prosecute such violations to the full extent of the law, in particular if SCSM’s intellectual property rights are violated or the security of its applications or information, or those of its suppliers, is compromised. In this regard, SCSM may request the assistance of law-enforcement authorities and work with them to pursue charges against users who violate the present agreement or the provisions of any law in connection with the use of the service. The user expressly acknowledges that although SCSM is not required to monitor his or her access to the service or the use that he or she makes of it, SCSM has the right to do so as part of operating the service, in order to ensure that the user is complying with the present agreement or to enable SCSM to comply with the applicable laws or orders or the requirements of a court, administrative agency or other government body.

Intellectual-property rights

The service and any content distributed by means of the service are protected by copyright, trademark and other Canadian and foreign laws on intellectual property. All of the rights, titles and interests related to the service belong to SCSM and its suppliers as exclusive or non-exclusive assignees or licensees. Except as expressly authorized in the present agreement, the user may not produce, reproduce, publish, modify, distribute, sell, transfer, publicly display, publicly execute, transmit or otherwise use or operate the service or any content distributed through the service, commercially or not, or create works derived from it.

Any use of the service, or of any content distributed through the service, that is not explicitly authorized by the present agreement is strictly forbidden.

Protection of personal information and anti-spam provisions

By using the service, the user consents to let SCSM collect personal information concerning the user, as well as technical data. For further information about the collection, use and retention of personal information and technical data, please consult the SCSM Privacy Policy, to which the user must consent in order to access the service.

Links to other services

The service may include connectivities or links to third-party services, web sites, applications, software, social media accounts and content that are not operated or supervised by SCSM (hereinafter, “Third-Party Services”). SCSM has no control over such Third-Party Services and cannot be held responsible for their availability, or for the statements distributed through them, or for the use that they make of any user’s personal information or technical data that are collected, transmitted, retained, used or shared by means of any Third-Party Service.

Warranty disclaimer and limitation of liability

TO THE FULL EXTENT ALLOWED BY THE APPLICABLE LEGISLATION, SCSM GIVES NO WARRANTY AND MAKES NO STATEMENT TO THE USER OR TO ANYONE ELSE WITH REGARD TO THE SERVICE, IN PARTICULAR THAT THE SERVICE WILL MEET THE USER’S NEEDS OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, OR NOT BE INTERRUPTED, OR BE FREE OF PROBLEMS OR ERRORS, OR THAT ANY ERRORS WILL BE CORRECTED. SCSM PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.

TO THE FULL EXTENT ALLOWED BY THE APPLICABLE LEGISLATION, SCSM’S WARRANTIES AND REMEDIES (AS APPLICABLE) THAT ARE EXPRESSLY PROVIDED FOR IN THE PRESENT AGREEMENT ARE EXCLUSIVE AND REPLACE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF THE LAW, THE DUTIES, OR THE ORAL OR WRITTEN STATEMENTS OR OTHERWISE, AND IN PARTICULAR THE IMPLIED WARRANTIES REGARDING MERCHANTABILITY, AVAILABILITY, PERFPORMANCE, COMPATIBILITY, SUITABILITY FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY EXEMPTED.

TO THE FULL EXTENT ALLOWED BY THE APPLICABLE LEGISLATION, IN NO CASE SHALL SCSM OR ITS SUPPLIERS OR LICENSORS BE HELD LIABLE, WHETHER ON THE BASIS OF A CONTRACT OR AN OFFENCE (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR FOR MATERIAL LOSSES OR FOR LOSSES OF REVENUE, PROFIT, BUSINESS OR GOODWILL, OR FOR LOSSES OR CORRUPTION OF INFORMATION OR DATA, OR FOR UNAUTHORIZED ACCESS TO INFORMATION OR DATA, OR FOR DISCLOSURE OF INFORMATION OR DATA, OR FOR OTHER FINANCIAL LOSSES THAT MAY ARISE FROM OR BE ASSOCIATED WITH THE USE, EXECUTION, FAILURE OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, EVEN IF SCSM HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF SCSM IS REQUIRED TO PAY DAMAGES TO THE USER, SCSM’S CUMULATIVE TOTAL OBLIGATION TO THE USER UNDER THE TERMS OF THE PRESENT AGREEMENT CANNOT EXCEED $100. THE LIMITATIONS OF LIABILITY MENTIONED ABOVE CANNOT BE AFFECTED IF A REMEDY PROVIDED FOR IN THE PRESENT AGREEMENT DOES NOT SATISFY ITS ESSENTIAL PURPOSE.

Indemnification

The user agrees to indemnify SCSM, its directors, managers group members, employees, mandataries, licensors, suppliers and subcontractors and hold them harmless against claims, obligations, damages, losses and expenses, including reasonable legal and accounting fees, that are in any way related to the user’s access to or use of the service.

Cancellation

SCSM may cancel this agreement and terminate the user’s access to the service at any time and for any reason. SCSM agrees, however, to give the user reasonable notice of cancellation if the cancellation arises from a failure by the user to comply with the present agreement or with the law.

Amendment of this agreement

SCSM may amend the present agreement or any section of it, in whole or in part, at any time. The user may reject the amendment with no cancellation fee, penalty or indemnity, by clicking on “Decline” when he or she receives the amendment notification. Rejection of an amendment shall result in denial of continued access to the service.

General provisions

The present agreement shall be governed by and interpreted in accordance with the laws of the province of Québec, Canada and the laws of Canada that apply to contracts that are concluded between Québec residents and are to be carried out in Quebec. The parties hereby irrevocably submit to the jurisdiction of the courts of the District of Montréal in the province of Québec.

The present agreement constitutes the entire agreement between SCSM and the user with regard to the service, and this agreement replaces any previous agreement between SCSM and the user with regard to the service.

The user agrees not to assign or otherwise transfer the present agreement or the rights or obligations specified therein to a third party without having obtained SCSM’s prior written consent, which is at the sole discretion of SCSM. No transfer or delegation by the user can relieve or discharge the user from his or her obligations under this agreement or under any statute or regulation. Subject to the foregoing, the present agreement is binding on each of the parties and their respective successors and assigns and applies to the benefit of all of them and can be executed by them. SCSM may unilaterally assign the present agreement to a third party.

No provision of the present agreement can constitute a partnership or joint venture between the user and SCSM.

If any particular provision of the present agreement is declared invalid by a court that has jurisdiction, that provision shall be deemed to be excluded from the present agreement and shall have no effect on the validity of the present agreement as a whole.

To contact us

For any concerns, questions or comments regarding the present agreement or the service, please contact SCSM as follows.

Telephone: 514 868-3737 from 8:30 am to 4:30 pm, Eastern Standard Time

Postal mail: Société en commandite Stationnement de Montréal
640 Saint Paul Street West, Suite 200
Montréal, Québec H3C 1L9

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

This agreement was last updated on June 5, 2017.