User Terms of Service
Last Modified: 2022-06-30
Acceptance of the Terms of Service
These User Terms of Service (“Terms”) are a legal agreement between you (and any entity on whose behalf you accept these terms) (collectively “You” and “Your”) and 1VALET (“1VALET,” “we,” or “us“). Together with any documents expressly incorporated by reference, these Terms govern Your use (which includes access to) of all 1VALET products and services, including our website at www.1valet.com (the “Website”), the 1VALET Resident App (the “App”), and any page or portal that references or links to these Terms (each of them a “Portal” and jointly the “Portals”); all of the aforementioned are collectively referred to as the “Services”.
Order of Preference
If You have entered into a separate agreement relating to the licensing or use of our Services, such agreement is binding to the extent it conflicts with these Terms.
Changes to the Terms
We may update these Terms from time to time at our sole discretion. We will use reasonable efforts to notify You of material changes to these Terms in advance of their effectiveness, such as by email, or notifying You when You access the App or the Portal You use. The revised Terms will be effective on the date we post them, unless another date is stated in the revised Terms.
When You continue to use the Services following the posting of revised Terms, You accept and agree to the changes. If You do not agree with any changes to the Terms, You must stop using the Services. Make sure You check this page from time to time so You are aware of any changes, as they are binding on You.
Eligibility To Use The Services
By using our Services, You affirm that You are 18 years or older, and reside in Canada or the United States or any of their territories or possessions. If You do not meet the aforementioned requirements, You must not use our Services.
Data Collected and Privacy
General Use of the Services and Account Security
To access the Services through the App or a Portal, You may be asked to register an account with 1VALET (the “Account”). All the information You provide when registering an Account must be correct, current, and complete.
If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your Account is personal to You and agree not to provide any other person with access to the Account or portions of it using Your user name, password, or other security information. You are responsible for any activities on Your Account. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security.
Grant of Rights
Subject to Your compliance with these Terms, 1VALET grants You a revocable, limited, non-exclusive, and nontransferable permission to make personal, non-commercial use of the Services, access the Portal, and download, install and operate the App on an electronic device owned or controlled by You, for personal, non-commercial purposes.
If You access the Services for permitted business purposes, you may use the Services for Your internal business purposes, in accordance with these Terms and any other agreement entered into between You and 1VALET or another party relating to the Services and the documentation provided to you in connection with the Services.
The Services are licensed, not sold or transferred to You, and 1VALET and its licensors retain ownership of the Services even after download or installation on Your devices. You agree that You will not redistribute or transfer the Services, unless expressly permitted by 1VALET.
You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You may not, without 1VALET’s prior written consent or as otherwise expressly authorized by applicable statutory law or under these Terms:
- Copy or store the Services or any part of them;
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, any of the Services;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or relating to the Services or any part thereof;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided or accessible in context with the Services, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any part thereof, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
- Send, knowingly receive, upload, download, use, or re-use any material that is offensive, discriminatory, deceiving, misleading, or does otherwise not comply with the standards set out in these Terms;
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Impersonate or attempt to impersonate 1VALET, a 1VALET employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm 1VALET or users of the Services, or expose them to liability.
Intellectual Property Rights and Trademarks
The Services, including the information and screens displayed in connection with them (for example documents, website and app design, text, graphics, logos, images and actions), are protected by trademark, copyright, patent and other laws of Canada, the United States and other countries. We and our licensors and service providers reserve all intellectual property rights, title, and interest in and to them. Your use of the Services is subject to these Terms, and the Terms do not grant You any rights to our intellectual property or the intellectual property of our licensors, licenses, or partners.
Any comments, suggestions for improvements or any other feedback You provide to us relating to our Services (“Feedback”) shall be deemed non-confidential, and You grant us a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable license, with the right to sublicense, to use the Feedback without restriction, in any manner and for any purpose whatsoever, without further notice or compensation to You.
In order for the Services to function properly You may need to have an active internet connection on Your device (for example through DSL, cable, Wi-Fi, or the cellular plan on your mobile device). 1VALET will not take responsibility for the Service’s functionality if You don’t have access to such a connection. When You use the Services, the terms of agreement with Your network service provider (for example your internet service provider or your mobile network operator) apply. Your network service provider may charge you fees for data and other (wireless) access. You acknowledge that You are responsible for any fees, cost or expenses that you incur with your network provider to download, install, access and use the Services.
The Services are only available on supported devices and might not work on every device and with every third party software. Determining whether Your device is a supported or compatible device for use of the Services is solely Your responsibility, and downloading any software or the App is done at Your own risk. 1VALET does not represent or warrant that the Services and Your device are compatible or that the Services will work on Your device
Fees – Residents
By using our payment services, you authorize 1VALET to collect payments from you on behalf of your property management company.
1VALET uses a third-party payment processor to process transactions. All financial information you provide is transferred to and held securely on our payment processor’s servers. 1VALET cannot access any credit card, debit card, or bank account information entered by you during the payment process. When you make a payment, our payment processor relays your request and responds between you, your issuing bank and the underwriting bank. Payments will be passed directly to your property management’s account and will not be held by 1VALET.
1VALET may charge a service fee for the use of our payment service. The service fee is non-refundable and will be clearly disclosed to you before you make your payment. Service fees are paid into a separate merchant account established by 1VALET Corp and are subject to change at any time.
Payment Due Dates
If you use 1VALET to make payments, you are responsible for ensuring that your payments are made on time and in full. Payments must be made by the due date specified in your lease agreement. 1VALET is not responsible for any late fees or other charges your landlord or property management may apply if your rent payment is not received by the due date.
If a payment is unable to be completed, we will attempt to notify you at least once through our mobile app notifications or using the contact information in your account profile. In the case of such delay or non-completion, your liability to the intended recipient of the payment may be subject to penalties, late fees and interest charges assessed by such recipient, all of which remain your responsibility (and not 1VALET).
NOTWITHSTANDING ANY OTHER PROVISION, 1VALET IS NOT RESPONSIBLE FOR THE PAYMENT OF RENT OR FEES TO YOUR PROPERTY MANAGER: YOU ARE SOLELY RESPONSIBLE. ANY FAILURE IN RELATION TO MAKING A PAYMENT TO YOUR PROPERTY MANAGER IS YOUR SOLE RESPONSIBILITY AND 1VALET IS NOT LIABLE, IN ANY WAY, FOR YOUR FAILURE OR INABILITY TO MAKE PAYMENTS TO YOUR PROPERTY MANAGER. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE YOU HAVE INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO YOUR PROPERTY MANAGER AS A RESULT OF 1VALET CHARGING ANY APPLICABLE SERVICE FEE FOR YOUR USE OF THE SERVICES.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. 1VALET is not responsible for determining whether taxes apply to your payment transaction, or for collecting, reporting, or remitting any taxes arising from any payment transaction.
Reversals and Refunds
If your Payment is completed, you accept and agree that no refunds, cancellations or charge backs are permitted through the 1VALET Mobile App. If a Payment is refunded, cancelled, or charged back by your credit card issuing bank, bank, financial institution, or another person, you are not entitled to the return of any associated Service Fees, irrespective of the reason for such refund, cancellation or charge back. You accept and agree not to request a refund, cancellation or charge back of Service Fees from your credit card issuing bank, bank, financial institution or any other person. Your landlord may authorize a refund for a payment you have made; however, the refund is subject to the funds being made available by your landlord and the amount will only be refunded to the payment method used for the payment. There are no refunds whatsoever one hundred and twenty (120) days after the original payment transaction date.
Pre-Authorized Debits and Recurring Payments
You hereby authorize 1VALET to initiate debit and credit entries to any bank account you authorize us to debit funds from, or any other account maintained by you, all in accordance with this Agreement. YOU HEREBY WAIVE THE RIGHT TO RECEIVE ADVANCE NOTICE FROM US AND OUR PAYMENT PROCESSOR OF ANY AND ALL SUCH DEBITS. This authorization will remain in effect after termination of this Agreement and until all of your obligations to us have been paid in full. If you change your bank account, this authorization will apply to the new account. Such new account shall thereafter be and become the new bank account for the purpose of this Agreement. You may revoke any pre-authorization by removing the payment method from your account or by turning off the automatic payment feature in the 1VALET mobile app. You will receive an email notification ten (10) days before your scheduled recurring payment is processed.
It is your responsibility to disable your pre-authorized debit or recurring payment a minimum of one (1) full business day before the scheduled recurring payment date. If you are set up with pre-authorized recurring credit card payments and we cannot complete the transaction with your credit card account on file, we will notify you of the failed payment attempt and you will be responsible for completing the payment through other means.
We may, at our sole discretion, impose limits on the Payment Amount you can send through our Services.
Default and Fraudulent Transactions
If any single transaction is investigated and is determined to be fraudulent or suspicious, in 1VALET’s sole discretion, 1VALET may terminate or limit the relevant user’s account. Such default, fraudulent or suspicious transactions may be reported to legal authorities.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other user of our Services.
The Services may incorporate or link to content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by 1VALET, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of 1VALET. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties, and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions.
Linking to the Website and Social Media Features
You may link to our Website, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
We may disable any links at any time without notice at our discretion.
Service Limitations and Modifications
We use reasonable efforts to keep the Services operational. However, our Service offerings and their availability may change from time to time, without liability to You.
For example, the Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements. To evolve and improve our services, we may also modify, suspend, or stop (permanently or temporarily) providing all of part of the Services (including particular functions and features). We may deploy changes, updates or enhancements to our Services at any time, with or without notice.
Termination of License and Your Account
We reserve the right to suspend, disable or delete any or all of the Services, or suspend or terminate Your Account or access to the Services at any time, in particular but not limited if we suspect a violation of these Terms by You. You understand that, unless we tell You otherwise, upon discontinuance, suspension or termination, (a) all licenses granted to You under these Terms will end, (b) You must stop using the Services, and if needed delete the App from Your devices and workstations, and (c) no longer have access to the content that is stored within the App, the Portal, Your Account, and related to the Services.
Termination will not affect the functionality of the hardware we integrate with.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding a termination. Termination will not limit any of our other rights or remedies at law or in equity.
Intellectual Property Rights
In the event of a third party claim that the Services, or any part of them infringes third party’s intellectual property rights, 1VALET will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 1VALET, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, SERVICE PROVIDERS, LICENSORS, AND ANY OF ITS, OR THEIR, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES (ALL OF THEM COLLECTIVELY WITH 1VALET THE “1VALET ENTITIES”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, 1VALET PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 1VALET DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. 1VALET IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICES OR ANY OTHER INFORMATION PROVIDED OR RECEIVED THROUGH SERVICES. 1VALET DOES NOT WARRANT THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE 1VALET ENTITIES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
- a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- b) DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEEDS THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTH PRECEDING AN INCIDENT.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR 1VALET WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the 1VALET Entities from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms, or any activity in which You engage through the Services.
Relationship to App Provider – Third Party Benefits
If You are using the App, and download the App through the Apple App Store, Google Play or other app store or distribution platform (each an “App Provider”), You acknowledge and agree that: (i) these Terms are between You and 1VALET, and not with the App Provider, and that 1VALET is responsible for the Services, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims You or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to Your use of the App, and the App Provider will have the right to enforce these Terms as related to Your use of the App against You. You also represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
THE FOLLOWING PARAGRAPHS CONTAIN A JURY WAIVER, A CLASS ACTION WAIVER, AND A LIMITATION ON TIME TO FILE CLAIMS. READ THEM CAREFULLY.
Who You are contracting with under these Terms, where notices need to be sent, what law governs these Terms, and which courts have jurisdiction depends on where You are domiciled:
|If you are domiciled in:||You are contracting with:||Notices should be sent to:||The governing law is:||The courts having exclusive and personal jurisdiction are located in:|
|Canada||1VALET Corp.||500 Boulevard Gréber, Gatineau, QC J8T 7W3||Province of Ontario||Located in the Province of Ontario|
|United States||1VALET (U.S.) Corp.||3511 W Commercial Blvd, Fort Lauderdale, FL 33301, USA||State of Florida||Federal and State Courts located in State of Florida|
Governing Law; Venue. These Terms will be construed in accordance with the applicable governing law above, without regard to choice or conflicts of law rules, and You hereby consent to personal jurisdiction and venue therein. You agree that these Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Uniform Computer Information Transactions Act (UCITA) does not apply to these Terms regardless of when or where adopted
WAIVER OF JURY TRIAL AND CLASS ACTION. TO THE EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PURSUE ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THESE TERMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
You must not assign Your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and obligations under these Terms, at any time for any reason. Any 1VALET affiliate may enforce any of these Terms in our place.
Waiver and Severability
No waiver by 1VALET of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 1VALET to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Unless expressly stated otherwise, these Terms, and all documents referenced herein constitute the sole and entire agreement between You and 1VALET regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
California Consumer Notice
If You are a California resident, pursuant to California Civil Code Section 1789.3, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 to report a complaint regarding the Services.
Your Questions and Comments
If You have any questions, comments, requests for technical support, or any other communications relating to the Services, please contact us at firstname.lastname@example.org.