Terms

These HONK Terms of Use (“Terms of Use” or “Agreement”) govern access to and use of the HONK app(s) and website(s) (collectively, “Platform”). You may be considered a visitor to our properties (“Site Visitor”, or an individual and/or entity that creates an account or purchases/uses the Platform (collectively “Customer”). Customers and Site Visitors may be referred to in these Terms as “you” and “your” as applicable. These Terms of Use are an agreement between you and one of the entities identified below (each, “HONK,” “we” or “us” for purposes of this Agreement). Please note that we may modify these Terms of Use as further described below, so you should make sure to check this page from time to time. 

By using our Platform, you are agreeing to be bound by these Terms of Use and our Privacy Policy, which explains how we collect and use your information. If you are agreeing to these Terms for use of our Platform by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Platform.

For purposes of these Terms of Use, HONK refers to:

• Honk Mobile Inc. if you are a customer in Canada.
• HonkMobile USA Ltd. if you are a customer in the United States.

 

HONK PLATFORM

These Terms of Use are a legally binding agreement between you and HONK. The application or website, as applicable, including any software (including, without limitation, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code, and other embedded software), documentation and any accompanying fonts (collectively, the “Platform”) and the features of this Platform, are intended for and applicable only for residents of Canada and the United States. If you are from another jurisdiction, you may not use this Platform. 

By accessing this Platform, including browsing, using, or submitting information to HONK, you agree to the terms, conditions, policies, and notices in these Terms of Use. This includes conducting transactions electronically, disclaimers of warranties, and limitations on damages and remedies under the laws of Canada or the United States.

From time to time we may update this Platform and these Terms of Use. Your use of this Platform after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. HONK may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and HONK will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated. You further agree that HONK will not be liable for any modification or suspension of the Platform.

Please read this Agreement carefully before using the Platform. If you do not agree to the terms contained in this Agreement, then you may not use the Platform. Your use of the Platform constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Platform. You represent that you have the legal authority to bind yourself or any party you represent to this Agreement.

You may not use the Platform for any purpose that is unlawful or prohibited by this agreement. Your access to the Platform may be terminated immediately, in HONK’s sole discretion, with or without notice, if you fail to comply with any provisions of this agreement and/or additional terms, or for any other reason, or no reason.

On certain areas of this Platform or through engaging with HONK or our services (such as entering a contest, participating in a promotion, or signing up to receive marketing communications), you may be given the ability to provide us with personal information. You agree and consent to HONK using your personal information to facilitate the improvement and provision of products, services, technologies, and advertising content. Please read our Privacy Policy for more information about our information collection, use, and disclosure practices.

 

AUTHORIZATION AND CONSENT

The Platform whether in read-only memory, on any other media or in any other form are licensed to you by HONK subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with HONK or its licensors, who own full and complete title, and HONK and respective licensors reserve all rights not expressly granted to you. The rights granted herein are non-transferable and are limited to HONK’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights. The Agreement herein grants you permission to use the Platform on one device at a time. This Agreement does not grant you any rights to use HONK’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Platform is prohibited. This Agreement does not entitle you to receive and does not obligate HONK to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Platform. This Agreement is effective until terminated.

Your rights under this Agreement will terminate automatically without notice from HONK if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform and delete all copies of the Platform from your mobile device and account.

 

HONK CONTENT

HONK provides this Platform subject to this Agreement. This Platform, and any services performed, provided or enabled by or through this Platform and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and complications of the foregoing, that may be provided to you via this Platform (collectively “Content”) by HONK or its content providers, are the property of HONK and its content providers, and is protected in Canada, the United States, and internationally under trademark, copyright, and other intellectual property laws, and are intended for the lawful use by registered users (as applicable) of this Platform. You represent and warrant that you will use the Platform and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify HONK if any of your information changes. HONK makes no representation that the Platform or Content are appropriate or available for use in specific locations.

You agree not to download, display or use any Content for use in any publications, in public performances, on websites, on applications, for any other commercial purpose, in connection with products or services that are not those of HONK, in any other manner that is likely to cause confusion among consumers, that disparages or discredits HONK and/or its licensors, that dilutes the strength of HONK or its licensors’ property, or that otherwise infringes HONK or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content.

 

ACCOUNTS, SECURITY, PASSWORDS

Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. If you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Platform. Where the Platform requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, including, without limitation, your name, address, license plate number, mobile telephone number, business details (if relevant), email address and method of payment details. Any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify HONK immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, PIN, or other information which provides you access to the Platform. HONK is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

You agree that HONK may collect and use technical and usage data and related information, including but not limited to technical information about your device, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Platform. You grant HONK the permission to use this information to improve its products or to provide services or technologies to you.

 

USE OF PARKING PAYMENT SERVICES

You activate the HONK mobile payment for parking services (“Parking Payment Services”) by either: (a) using a Honk app; or (b) accessing HONK’s website at tap.honkmobile.com, either on your desktop or mobile browser. You are responsible for correctly entering/identifying the relevant parking location (“Location”) in which your vehicle is parked. The Location informs HONK where your vehicle is parked and links HONK to the parking rates and time restrictions, if any, which are in effect at the Location. These rates allow HONK to charge you for your parking and apply any time restrictions on the amount of time you are permitted to park your vehicle in the Location. Note that unless otherwise noted, use of the Parking Payment Services does not guarantee you a parking space and you may only activate the Parking Payment Services after you have found an available space.

All notices and signs or directions made by operators, traffic attendants or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from HONK if for any reason the information is inconsistent. All applicable parking rules and regulations at the Location apply to you and your use of the Parking Payment Services does not exempt you from following such rules. You agree to pay all fees for Parking Payment Services provided to you pursuant to this Agreement. HONK will process parking fees from your chosen method of payment and directly pay for your parking transaction. You must have a valid method of payment registered, or suspension of Parking Payment Services may occur.

You know that HONK has validly accepted your parking transaction when you have received confirmation. You are responsible for ensuring that you have properly activated the Parking Service for the Location before you leave your vehicle unattended. You are responsible for any fine, ticket, or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or Internet that your vehicle is validly parked.

In the event that the Platform is unavailable, you must pay the appropriate parking fee that is due by paying at a payment device located on the site, or where a payment device is not available, you will not be permitted to park at the Location.

HONK is not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you incur or receive regardless of whether or not you receive any notification via the Platform that your vehicle is validly parked. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded. If you authorize HONK to contact authorities about fines, parking tickets, or penalties, you agree that HONK may share relevant parts of your information with those authorities. In addition, in the event that you fail to pay any amounts owing for the Parking Payment Services (whether due to a declined payment method or other circumstances), then HONK, upon the reasonable request of the relevant authorities, may provide all or a portion of your information collected by HONK to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you.

You may close your Parking Payment Services account at any time, by notifying HONK. If (a) you do not use the Parking Payment Services account for an extended period of time; or (b) HONK, in its sole discretion deems your use of the Platform to constitute attempts at fraud or any other violation of this Agreement, HONK may end your access to the Platform and close your account.

 

USE OF THE PLATFORM

The following requirements apply to your use of the Platform:

• You will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
• You will not use the Platform for any commercial purpose not expressly approved by HONK in writing.
• You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
• You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time.
• You will not make the Platform available over a network where it could be used on multiple devices at the same time.
• You will not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform, including any copy thereof.
•  You will not collect or store personal data about other users.

Except as and only to the extent permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform or any part thereof.  Any attempt to do so is a violation of the rights of HONK and its licensors of the Platform. If you breach this restriction, you may be subject to prosecution and damages. 

 

INTELLECTUAL PROPERTY OWNERSHIP

There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used on the Platform and in the Content. By making these Trademarks available through the Platform and in the Content, HONK is not granting you a license to use them in any fashion, and you are not granted any license under any of HONK’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No HONK Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without HONK’s prior written permission.

The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by HONK, or its respective licensors. The unauthorized copying, displaying, selling, distributing or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by HONK that the Content and Platform is protected by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.

 

REPRESENTATIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY

HONK and its subsidiaries, officers, employees, and contractors and each of their officers, employees and agents (collectively, “HONK Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by HONK or the HONK Affiliates.

The Internet may be subject to breaches of security. HONK and the HONK Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing HONK or the HONK Affiliates any information or posting information to the Platform. HONK and the HONK Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.

The failure or delay of HONK to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, pandemic or epidemic, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of HONK shall not be deemed a breach of this Agreement.

The Platform (including all application Platform updates) and the Content are made available on an “as is,” “as available,” and “with all faults” basis. HONK and the HONK affiliates specifically disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, quality, fitness for a particular purpose, and non-infringement, with respect to the Platform and the Content. HONK does not warrant that the functions or services performed, provided, or enabled by or through the Platform (including any application Platform updates) will meet your requirements, that the operation of the Platform (including any application Platform updates) will be uninterrupted or error-free, or that defects in the Platform (including any application Platform updates) will be corrected. No oral or written information or advice given by HONK or an authorized representative shall be deemed to alter this disclaimer of warranty or to create any warranty. 

You agree that HONK and the HONK affiliates are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages resulting in any way from or in connection with: (a) the Platform or the Content; (b) any errors or omissions in the technical operation or Content of the Platform; (c) any action taken in connection with an investigation by HONK, law enforcement or other authorities regarding your use of the Platform or the Content; (d) any action taken in connection with copyright owners; or (e) the conduct, actions or inactions of Platform users or your interactions or relationships with Platform users, even if HONK or the HONK Affiliates have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of, or unauthorized access to, the Platform or its related information or programs. If the jurisdiction in which you reside does not allow for the limitation or exclusion of certain warranties and conditions or the disclaimer of some types of damages, some of the above may not apply to you.

By accessing the Platform, registering with the Platform and/or accepting any information from the Platform, you agree to indemnify, defend, and hold HONK and the HONK Affiliates harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of this agreement; (b) your violation of any local, provincial, federal or international law, rule or regulation; (c) a claim by a third party that is based on your use of the Platform or the Content; (d) information or material posted or transmitted through your computer or account, even if not submitted by you; (e) any misrepresentation made by you; (f) any dispute between you and another user of the Platform; (g) the theft, misappropriation or disclosure of your username/password/PIN; (h) your authorization of anyone else to use your password.

You will cooperate as fully and as reasonably required in HONK’s defense of any claim. HONK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of HONK.

 

MOBILE SERVICE, TEXT MESSAGE, INTERNET AND SERVICE FEES

The use of the Platform may require use of a mobile device and phone service, wireless mobile data service, and text messaging capability, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, and diagnostic data reports, from HONK, your mobile carrier, or third-party service providers. If you agree to receive text messages from the Platform, the frequency of messages will vary based on your parking activity. Certain texts are required to use the Platform, including verification texts. Message and data rates may apply from your mobile carrier. By providing your consent to participate in this program, you approve any such charges from your mobile carrier. If you do not have an unlimited wireless mobile data plan or text messaging capability, you may incur additional charges from your wireless service in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Platform.

The Platform may not work with all devices or all mobile carriers. HONK makes no representation that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

The information in any Platform message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts and notifications you receive.

 

General

HONK may assign this Agreement at any time without consent. You may not assign the obligations or rights of this Agreement. The invalidity of any term in this Agreement shall not affect any other term of this Agreement, which shall remain in full force and effect. For users in Canada, this Agreement shall be governed by the laws of the province of Ontario, and the parties irrevocably attorn to the jurisdiction of the courts of the province of Ontario. For users in the United States, this Agreement shall be governed by the laws of the state of New York, and the parties irrevocably attorn to the jurisdiction of the courts of the state of New York.

Effective as of January 1, 2025.