TowIt is an application that is made available through the facilities of global service providers for mobile customers provided by TowIt Solutions Inc. and other affiliates (collectively, “TowIt”, “we”, “us”, “our” and the “Company”. Click here for more details about TowIt. The following Terms and Conditions (the “Terms”) form a binding agreement between you and the Company.
These Terms and Conditions apply to tow truck operators using the TowIt mobile application (the “TowIt App”) and TowIt website (the “Website” and, collectively with the TowIt App, the “Services”). For our Terms of Service for users please click here.
1. YOUR USE OF TOWIT
1.1 You can only use the Services if you are a licensed tow truck operator operating pursuant to a municipal tow license (or equivalent) that grants you operational authority in the area you are servicing. We will not let you join (in our discretion) where: (i) we have reason to believe that you are not a licensed tow truck operator; or (ii) you do not provide the required information for registration. Your access to and continued use of the Services constitutes your acceptance of and compliance with the terms and conditions herein. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Services. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates.
1.2 You agree that TowIt does not take responsibility for the eventual towing of any vehicle(s) belonging to an individual that is identified by a user of the Services as being in violation of any traffic/municipal parking by-laws (each a “Reported Entity”, and collectively, “Reported Entities”). TowIt serves only as a tool and platform to notify tow truck operators and government authorities of the Reported Entities and the corresponding alleged parking infringements. The ultimate decision as to whether a vehicle belonging to a Reported Entity will be tagged and towed is entirely up to the discretion of the authorized tow truck operator and/or requisite municipal, provincial and/or federal authorities. TowIt takes no responsibility with respect to any events that occur after the Services have been used to locate and/or report a Reported Entity.
1.3. You agree and promise:
1.3.1 that all information, photos and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the TowIt App;
1.3.2 your use of TowIt grants you no rights with respect to our intellectual property rights (including, without limitation, copyright, trademarks, trade names (including “TowIt”, “TowIt Solutions”, etc.), logos, graphics, photographs, animations, videos and text or rights in and to the TowIt software, applications, the TowIt App and the Website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms. The content on the Services, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) and the trademarks, trade names, service marks and logos contained therein (collectively, “Marks”), are owned by or licensed to TowIt Solutions Inc., subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Services is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. TowIt Solutions Inc. reserves all rights not expressly granted to you above. You agree not to engage in the use, copying, or distribution of any content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Content therein;
1.3.3 that you will not use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient or inefficient; use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software; access or attempt to access the accounts of other users of the Services; to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; penetrate or attempt to penetrate any security measures; to conduct or promote any illegal activities; to upload, distribute or print anything that may be harmful to minors; to disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to post or transmit material for which you have not obtained all necessary licenses and/or approvals; to misrepresent your identity in any way; to post or transmit material which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; to advertise or promote third party or your own products or services; to generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages; to stalk, harass, harm or threaten harm on another individual; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services; license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; or access the Services in order to build a similar or competitive product or service;
1.3.4 and represent and warrant that: you have all the appropriate licenses, approvals and authority to operate a tow truck in the city or municipality set out in your registration; that you own or have the legal right to operate the vehicle you use when using the Services and that such vehicle meets all relevant safety and inspection standards; and that you have valid insurance coverage for your vehicle and for the provision of towing services including, but not limited to, hookup, towing, unhooking and storage;
1.3.5 to refrain from doing anything which is fraudulent, negligent or which we reasonably believe to be disreputable or capable of damaging our reputation;
1.3.6 and acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the Services. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user or tow truck operator please contact us. The Services may contain links to third party websites that are not owned or controlled by us and we assume no responsibility for these third party websites. By using the Services you expressly release and discharge us from any and all liability arising from your use of any third-party website;
1.3.7 that you will comply with all applicable laws and the Terms and be responsible for the provision of your towing services (including, without limitation, following safety laws in relation to the use of mobile devices whilst driving).
1.4 In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate but we cannot guarantee that it will always be accurate or correct and therefore you should use your own judgment when acting on the basis of information provided.
1.5 You acknowledge that we are not responsible for the behaviour, actions or inactions of end-users, other tow truck operators, police officers, police cadets or municipal law enforcement officers, whether or not they are users of the Services (for greater certainty, this includes, but is not limited to, situations where a Reported Entity has not violated any traffic/municipal parking by-laws and is towed due to (i) an error made by or on behalf of an official who has mistakenly approved/ticketed a vehicle for towing; (ii) an error made by the tow truck operator; or (iii) a fraudulent and/or negligent submission made by a user). Any contract for the provision of towing services is between you and the Reported Entity and not between you and TowIt. You acknowledge that we simply provide a platform to notify tow truck operators of possible traffic/parking violations that require towing services and facilitate coordination between tow truck operators and police officers/municipal law enforcement officers. TowIt disclaims any and all liability related to your interaction with, or provision of services to, or on behalf of, users, Reported Entities or individual vehicle owners, end-users, the City of Toronto, police officers, police cadets or municipal law enforcement officers whether or not such entity is a user of the Services. You covenant to cooperate with local authorities in carrying out any services and to obey any and all municipal regulations or requirements with respect to towing vehicles, and will not tow vehicles from public areas until given approval by the requisite authority in such municipality.
1.6 You agree to abide by all applicable national, provincial, state, or municipal laws, codes and regulations with respect to the removal of vehicles from private or municipal property. You further agree not to tow or remove any vehicle from private or municipal property unless the vehicle has been properly ticketed with a tow card issued by the relevant municipal authority and the removal of such vehicle has been caused by a police officer, police cadet or municipal law enforcement officer employed by the relevant police agency operating in the relevant municipality.
1.7 You are responsible for ensuring that all persons who access TowIt through your Wi-Fi or internet connection are aware of these Terms, and that they comply with them. In the event that someone accesses the Website or the TowIt App using your account information, we will rely on that information and will assume that it is really you or your representative who is accessing the Website or the TowIt App. You are solely responsible for any and all use of your account information and all activities that arise in connection with the account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as deemed necessary or reasonable, to ensure the security of our Services and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Website or the TowIt App under your account information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will TowIt be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of TowIt under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password. You may not use another’s account at any time, without the permission of the account holder. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security.
1.7 You acknowledge the Internet is not a secure medium and privacy cannot be ensured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.
1.8 You warrant that any information submitted by you through the Services does not infringe on the intellectual property or other rights of any third parties and you warrant that any data submitted to TowIt shall be free of computer viruses.
1.9 You may from time to time receive confidential or proprietary information of TowIt, including without limitation information with respect to TowIt users and the Reported Entities. All such information is the sole property of TowIt, and you shall keep all such information strictly confidential, shall not disclose such information to a third party at any time and shall not use such information for any purpose other than the provision of towing services to users using the Services and strictly in accordance with these Terms and Conditions.
2. CHARGES AND PAYMENT
2.1 It is free to download the TowIt App. You agree that you will pay to TowIt such other fees as are detailed in your Operator Agreement with TowIt.
3.1 We reserve the right to terminate these Terms and close any account you have with us at any time with or without notice. We may, in our sole discretion, immediately terminate your account and your access to the Website and/or the TowIt App, without notice, for any or no reason, including if you breach any of your obligations under these Terms, if you cease to be a licensed tow truck operator, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
3.2 We reserve the right to suspend, restrict or terminate your access to the Website and/or the TowIt App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
3.3 You may cease use of the Services at any time by simply closing your account by following the instructions on the TowIt App or Website.
3.4 We are not liable to you or any other party for any termination of your account or termination of your access to our Website and/or the TowIt App. Termination of your account will not modify, change or void any payment obligations you may have incurred through your use of the Services whether such obligation is to us or a third party.
3.5 We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You consent to such disclosure of information without further notice to you.
3.6 We reserve the right (but have no obligation under these Terms) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate any Terms, including suspending or terminating your account and/or reporting you to law enforcement authorities.
3.7 We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Services. You waive and hold harmless the Company from any claims resulting from any actions taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
4.1 We make no representation or warranty, either expressed or implied, or otherwise. Any statutory warranties are disclaimed to the maximum extent permitted by law and you hereby waive the benefit of any statutory warranties to the maximum extent permitted by law.
4.2 If you are not satisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Website and/or the TowIt App. In no event shall TowIt be liable for damages of any kind, whether arising in contract (including breach of these terms), tort, negligence or under any other legal theory, arising out of or in connection with (i) your use of or inability to use or access the Services, (ii) your use or inability to use or access any websites linked to the Website, and (iii) any content of the Services or such other websites or any services obtained through the Services or other such websites; including without limitation any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, lost opportunities and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
4.3 We are not responsible for: (i) losses not caused by our breach; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any users or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (iii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of other tow truck operators or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom; (iv) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of Reported Entities including, but not limited to, failure to pay fees owing arising from your services, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom; (v) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; (v) failure to provide TowIt or to meet any of our obligations under these Terms where such delay, cancellation or failure is due to events beyond our control (e.g., a network failure, internet delays, rerouting acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); or (vi) if for any reason, all or any part of the Website and/or the TowIt App are unavailable at any time or for any period.
4.4 You may be exposed through the Website and/or the TowIt App to content that violates our policy or is otherwise offensive. You access the Website and the TowIt App at your own risk. We may, but are not obligated to, remove content from the Website and/or the TowIt App for any reason, including if we determine or suspect that such content violates these Terms. We take no responsibility for your exposure to content of the Website and/or the TowIt App whether or not it violates our content policies. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties. The Website and/or the TowIt App may contain links to websites not operated by us. We are not responsible for the content, products, materials or practices (including privacy practices) of such websites.
4.6 We assume no responsibility for vehicles that have been towed in error including, but not limited to, those that have not violated any traffic or municipal parking laws or that have been towed as a result of your fraud, negligence or willful misconduct, or that of one or more users that reported the relevant Reported Entity, and expressly disclaim any and all liability arising from disputes that may arise in relation thereto, whether involving other tow truck operators, users, Reported Entities, government authorized Parking Enforcement Officers, Law Enforcement, Police Services, or the equivalent in the locale from which you are accessing the TowIt App or otherwise.
4.7 To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
5. DISCLAIMER OF WARRANTIES:
5.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, the Website or the TowIt App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
5.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Website and/or the TowIt App or any services obtained through the Website and/or the TowIt App or to your downloading of any material posted on the Website and/or the TowIt App, or any website linked to it.
5.3 Your use of the Website and the TowIt App, its content and any services obtained through the Website and the TowIt App is at your own risk. The Website, its content and any services obtained through the Website and the TowIt App are provided by the Company on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranties, guarantees or representations with respect to the completeness, security, reliability, timeliness, quality, suitability, accuracy or availability of the Website or the TowIt App.
5.4 Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its contents or any services obtained through the Website or the TowIt App will be accurate, reliable, timely, secure, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services obtained through the Website or the TowIt App will otherwise meet your needs, requirements or expectations.
5.5 The Company hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, title, non-infringement and fitness for a particular purpose.
5.6 You acknowledge and agree that the entire risk arising out of your use of the Services, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
5.7 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
You covenant and agree to compensate, defend, and fully indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, any related companies, its licensors, and their respective officers, directors, employees, shareholders, members, attorneys, contractors, agents, licensors and suppliers from and against any and all claims, legal proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses or fees (including reasonable attorneys’ fees and costs), including but not limited to those arising out of or in connection with (i) your violation or breach of any of these Terms or your use of the Website or the TowIt App, including, without limitation, any use of the Website’s content and services other than as expressly authorized in these Terms or your use of any information obtained from the Website or the TowIt App, (ii) the operation of your tow truck, (iii) the provision of towing services to third parties, (iv) any violations or breaches of any municipal codes or by-laws with respect to the regulation of parking on private or municipal property, (v) any damage, whether intentional or unintentional or as a result of the operation of your tow truck, whether negligent or otherwise, caused to any vehicle towed by you whether as a result of your use of the Services or otherwise, (vi) any dispute that arises between you and an individual including, without limitation, a Reported Entity whose vehicle has been towed as a result of the use of the Services or otherwise, (vii) any dispute that arises between you and any police or municipal law enforcement officials as to whether you were instructed or authorized to tow a vehicle and/or whether such vehicle was properly tagged and caused for removal from private or municipal property by an official with the requisite authority, (viii) any infringement by you in relation to your use of the Services under applicable law in your home nation or the country, province, state and/or city in which you are using, or have used, the Services, or (ix) otherwise as a result of your fraud, negligence, mischief or willful misconduct. You agree not to settle any such matter without the Company’s prior written consent.
You hereby release the Company, its officers, employees, shareholders, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any TowIt users or third-party websites.
8. NEGATIVE COVENANTS
You hereby agree that you will not:
9.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity and you agree that we may do so. As set out in clause 3.3, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
9.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. The failure or delay of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
9.3 You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
9.4 If any part of these Terms is disallowed or found to be ineffective, invalid or unenforceable by any court or regulator, such provision shall be struck and the other remaining provisions shall continue to apply.
9.5 The headings contained in these Terms are for reference purposes only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement.
9.6 These Terms are not intended to give rights to anyone except you and us.
9.7 We are constantly looking for ways to improve and expand the Services. We may, in our sole discretion, amend or modify these Terms from time to time. It is your responsibility to check these Terms, as they are binding on you. Your continued use of the Website or the TowIt App following the posting of changes to these Terms constitutes acceptance of any changes. You can terminate at any time as set out above.
9.8 We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the Province of Ontario in the judicial region of the City of Toronto. The laws of the Province of Ontario and the federal laws of Canada shall apply to any disputes with the exception that the Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
9.9 We reserve the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9.10 These Terms and Conditions constitute the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
9.11 These Terms and Conditions were last updated February 24, 2015.