TERMS & CONDITIONS OF SERVICE - SpaceiShare Inc. (“SpaceiShare”)
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS THEY RELATE TO YOUR USE OF
THE WWW.SPACEISHARE.COM, WWW.SPACEISHARE.CA,MONESPACEALOUER.COM, SPACEISHARE.CO.UK WEBSITES (THE "SITE") THE SPACEISHARE MOBILE APPLICATION (THE "APP") AND THE SPACEISHARE SERVICES (THE "SERVICES") OFFERED THROUGH EITHER THE SITE OR THE APP. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, PRIOR TO ENGAGING THE SERVICES, HOSTS (AS DEFINED BELOW) SHOULD UNDERSTAND HOW RENTAL LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITY BY-LAWS RESTRICT THEIR ABILITY TO HOST PAYING RENTERS FOR SHORT PERIODS OF TIME. IT IS A HOST’S SOLE RESPONSIBILITY TO REVIEW ALL APPLICABLE LOCAL LAWS AND THE RESTRICTIONS OF THEIR INSURANCE POLICIES BEFORE LISTING A SPACE ON SPACEISHARE.
Terms of Service
a. Acceptance of Terms and Modifications
These Terms and Conditions of Service (the "Terms") form a legally binding agreement between you (referred to in these Terms as "you", "your", the "User", the "Host" or the "Renter") and SpaceiShare Inc. (referred to in these Terms as "SpaceiShare", "we", "us", "our", or the "Company")
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
SpaceiShare reserves the right to modify these Terms as they apply to the Site, the App, or the Services from time to time without prior notice. We may choose to alert Users of any updates or modifications to these Terms directly on the Site or the App. We will also include a "Last Update" date at the end of these Terms.
YOU WILL BE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS, INCLUDING ANY CHANGES, EACH TIME YOU USE THE SITE. IF YOU CONSIDER ANY FUTURE REVISIONS/MODIFICATIONS MADE TO THESE TERMS TO BE UNACCEPTABLE, YOU MUST STOP ACCESSING AND USING THE SITE, APP, AND SERVICES. IF YOU CONTINUE TO ACCESS OR USE THE SITE, APP, OR SERVICES AFTER ANY REVISIONS/MODIFICATIONS ARE POSTED, YOU WILL BE DEEMED TO HAVE ACCEPTED THOSE REVISIONS/MODIFICATIONS.
b. Third Party Beneficiaries
These Terms do not, and are not intended to, provide any rights or remedies to any person other than to you and SpaceiShare (the "Parties"). However, the Parties agree that the Payment Processor (as defined below) is a third party beneficiary of these Terms for purposes of enforcing provisions related to payments, but that the Payment Processor's consent or agreement is not necessary for any changes or modifications to these Terms.
The Site, App, Software, and the Collective Content used in connection with the Site, the trade-marks, trade names and domain names being and including SpaceiShare, the design and display of the Site, the confidential information collected at the Site and any and all indicia of the Site (collectively, the "Intellectual Property") are, and at all times remain, the property of SpaceiShare and/or any of its affiliates. The Intellectual Property is protected by copyright, trademark, patent and other laws of Canada and applicable international treaties and all Users shall abide by these laws. Except as expressly allowed in these Terms, SpaceiShare does not grant any express or implied right or license to any Users under any intellectual property laws for the Intellectual Property, including under any patent, trade-mark, copyright, trade secret, or confidential information laws.
All trademarks, service marks, logos, trade names and any other proprietary designations of SpaceiShare used on the Site, App, or in Collective Content are trademarks or registered trademarks of SpaceiShare. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You shall not use or display trademarks, trade names and domain names, including those that are or include SpaceiShare either in whole or in part, without the prior written consent of SpaceiShare. Other than specifically allowed under these Terms you may not copy, remove, obscure, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant any license or right in, or in any other way exploit, any portion obtained from or available as part of this Site or App, including any software, or the Collective Content, in whole or in part.
SpaceiShare operates this Site from Ontario, Canada. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION, DOCUMENTS, E-MAILS, FORMS, LISTINGS, GUIDELINES, PROCEDURES, FEATURES, REQUIREMENTS OR SERVICES ON THE SITE OR APP ARE APPROPRIATE, AVAILABLE OR LEGAL FOR USE IN ANY OTHER LOCATIONS AND/OR JURISDICTIONS.
In these Terms the following words shall have the definitions provided in this section:
Site and App
The SpaceiShare Site and App provide a platform or marketplace for Hosts to post Listings and quote fees for available rental Space for Storage for Stored Goods, Parking, and for Renters to learn about and book such Space directly with the Host under a separate agreement between a Host and Renter ( the”Purpose”).
SpaceiShare is not an owner or operator of Space or Premises, and it is not a Host, Renter, rental agent, nor a real estate broker. We do not own, sell, resell, furnish, provide, rent, re-rent, store, manage and/or control Space or Sites. Our responsibilities are limited to: (i) providing Services to facilitate the advertising of available Space on the Site or the App and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Renters on behalf of the Host. SpaceiShare provides template Rental Agreements to be used by the Host and Renter. The terms of a Rental Agreement are in addition to these Terms and where there are inconsistencies between these agreements, the terms of the Rental Agreement will apply.
We provide the Site, App and SpaceiShare Content to you for the Purpose only and are not intended to be a substitute for professional advice, personal assessment, or evaluation and you should not rely on them as the sole basis for making or completing any decision dealing with any Rental arrangements.
YOU UNDERSTAND AND AGREE THAT SPACEISHARE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS. SPACEISHARE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS AND OTHER USERS OF THE SITE, APP AND SERVICES OR ANY SPACE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
b. Access and Use
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APP, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APP, SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
You may access and use the Site and the information, documents, e-mails, forms, listings, guidelines, procedures, features, requirements or Services on the Site or App and any communications in any media in connection with the Site or App made or posted either by us or by you (collectively, the "Collective Content") only in accordance with the Purpose, these Terms, and all applicable laws and regulations of your jurisdiction.
c. Prohibited Users
You understand and agree that you are solely responsible for complying with any and all laws, rules, regulations, and any applicable Tax obligations for your use of the Site, App, Services and Collective Content. In using the Site, App, Services and Collective Content, you may not and you agree that you will not :
advocate, encourage, or assist any third party in doing any of the Prohibited Activities. SpaceiShare reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
i. Site license
Subject to these Terms, SpaceiShare grants you a non-exclusive, non-transferable, revocable, limited license to access the Site solely for the Purpose and, further, subject to these Terms, SpaceiShare grants you a non-exclusive, non-transferable, revocable limited license to access, use and display the Collective Content and to download the Collective Content, solely for the Purpose. This authorization is not a transfer of title in the Site, App, Services or Collective Content or to copies of the Collective Content and is subject to the following restrictions: (1) you must retain, on all copies of the Collective Content downloaded or copied, all copyright and other proprietary notices that may appear on the Collective Content; (2) you may not modify the Collective Content in any way or reproduce or publicly display, perform, or distribute or otherwise use it or any part of it for any public purpose; (3) you may not transfer the Collective Content or any part thereof to any other person without SpaceiShare's prior express written consent which is not herein granted; (4) you may not print or copy any of the HTML or other computer programs that are viewable on the Site; and you may not engage in any Prohibited Activities as these relate to the Site, App, Services or Collective Content.
THE COLLECTIVE CONTENT MAY ONLY BE PRINTED, COPIED OR SAVED ONTO YOUR OWN COMPUTER FOR THE PURPOSE AND NOT FOR YOUR OR ANY ONE ELSE'S COMMERCIAL USE. IT IS PROHIBITED TO USE THE COLLECTIVE CONTENT CONTAINED ON THIS SITE FOR ANY PURPOSE OTHER THAN THE PURPOSE, INCLUDING ANY COMMERCIAL OR ADVERTISING PURPOSES OR ANY OF THE UNAUTHORIZED USES DESCRIBED IN THE USER CONDUCT SECTION BELOW.
ii. Member Content and Member Content License
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content on the Site or App. By making available any Member Content on or through the Site, or App, you hereby grant to SpaceiShare a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, App and Services. SpaceiShare does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App, and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App, and Services or you have all rights, licenses, consents and releases that are necessary to grant to SpaceiShare the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or SpaceiShare's use of the Member Content (or any portion thereof) on, through or by means of the Site, App, and Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
iii. App license
Subject to your compliance with these Terms, SpaceiShare grants you a limited non-exclusive, non-transferable revocable license to download and install a copy of the App available from the Apple Store or Google Play to use the Services on each mobile device or computer that you own or control and to run such copy of the App solely for your own personal use, all in compliance with any additional terms of service associated with the App as listed on the Apple Store or Google Play (as applicable).
e. Copyright policy
We respect copyright law and expect our Users to do the same. It is our policy to terminate, in appropriate circumstances, the SpaceiShare Accounts of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders or engage in any Prohibited Activities.
f. Links / No endorsement
This Site may contain hyperlinks to websites owned, managed and/or operated by third parties and not by SpaceiShare and you acknowledge that SpaceiShare: (1) has no control over any content or the accuracy of such content at these sites or any of the products or services described on those sites (the "Third Party”).
SpaceiShare does not recommend or endorse any specific Host, Renter or Listing.
g. Feedback and Comments
We welcome and encourage your feedback, comments and suggestions for improvements to the Site, App and Services ("Feedback"). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of SpaceiShare and you hereby irrevocably assign to SpaceiShare and agree to irrevocably assign to SpaceiShare all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.
The Site and App allow Users and Members to rate the Site, App, and Services. We monitor the comments section periodically. If a complaint is lodged against a User for making repeated offensive comments in the comments section, SpaceiShare reserves right, in our sole discretion, to terminate the Membership of such a User or if not a Member, to block that User's access to the Site, App, and Service, or to furnish such information to other shared service businesses.
By accessing or using the Site, App or Services you represent and warrant that you are at least eighteen (18) years old. USE OF THE SITE, APP AND SERVICES BY PERSONS UNDER 18 YEARS OF AGE IS EXPRESSLY PROHIBITED. You may view Listings as an unregistered visitor to the Site; however, if you wish to post a Listing or to book a Space, you must first register to create a SpaceiShare Account and become a Member. Both unregistered visitors and Members are bound by these Terms.
In order to access certain features of the Site and App, such as to post a Listing or to book a Space, you must register to create an account ("SpaceiShare Account") and become a Member. YOU MAY NOT REGISTER FOR MORE THAN ONE SPACEISHARE ACCOUNT OR REGISTER A SPACEISHARE ACCOUNT ON BEHALF OF A PERSON OTHER THAN YOURSELF, UNLESS YOU ACT AS THE AGENT OF A BUSINESS OR CORPORATE ENTITY.
When registering for your SpaceiShare Account, you agree to provide accurate, current and complete information and to update such information to keep it accurate, current and complete. SpaceiShare reserves the right to suspend or terminate your SpaceiShare Account and your access to the Site, App, and Services if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
c. Identity Verification
FOR YOUR PROTECTION, SPACEISHARE RESERVES THE RIGHT TO VERIFY YOUR IDENTITY THROUGH BACKGROUND CHECKS AND OTHER IDENTITY VERIFICATION SERVICES. When you register to create a SpaceiShare Account, we may verify your identity using an identity verification service that will require you to provide your legal name, date of birth, home and/or work address, IP address, phone number, and possibly your social insurance number.
d. Account Login
You may log into your SpaceiShare Account using your login credentials created during registration or you may log in through certain third-party social networking sites ("SNS") (including, but not limited to, Facebook, Google and LinkedIn); each such account, being a Third-Party SNS Account.
As part of the functionality of the Site, App and Services, you may link your SpaceiShare Account with Third-Party SNS Accounts, by either providing your SNS login information to SpaceiShare through the Site or App or by allowing SpaceiShare to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party SNS Account. You represent that you are entitled to disclose your SNS account login information to SpaceiShare and/or grant SpaceiShare access to your SNS account (including, but not limited to, for use for the purposes described in these Terms), without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating SpaceiShare to pay any fees or making SpaceiShare subject to any usage limitations imposed by such third-party service providers. By granting SpaceiShare access to any Third-Party SNS Accounts, you understand that SpaceiShare will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and App via your SpaceiShare Account and SpaceiShare Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party SNS Accounts you choose and subject to the privacy settings that you have set in such Third-Party SNS Accounts, personally identifiable information that you post to your Third-Party SNS Accounts will be available on and through your SpaceiShare Account on the Site and App. Please note that if a Third-Party SNS Account or associated service becomes unavailable or SpaceiShare's access to such Third-Party SNS Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and App. You have the ability to disable the connection between your SpaceiShare Account and your Third-Party SNS Accounts, at any time, by accessing the "Settings" section of the Site and App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SNS PROVIDERS. SPACEISHARE MAKES NO EFFORT TO REVIEW ANY SNS CONTENT FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO ACCURACY, LEGALITY, OR NON-INFRINGEMENT AND SPACEISHARE IS NOT RESPONSIBLE FOR ANY SNS CONTENT.
Your SpaceiShare Account and your SpaceiShare Account profile page will be created for your use of the Site and App based upon the personal information you provide to us or that we obtain through your Third-Party SNS Account as described above.
YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR PASSWORD. YOU AGREE THAT YOU WILL NOT DISCLOSE YOUR PASSWORD TO ANY THIRD PARTY AND THAT YOU WILL TAKE SOLE RESPONSIBILITY FOR ANY ACTIVITIES OR ACTIONS UNDER YOUR SPACEISHARE ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. YOU WILL IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR SPACEISHARE ACCOUNT.
e. Account Suspension, Deactivation, or Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your SpaceiShare Account or to remove or disable access to any Listing for any reason, including Listings that SpaceiShare, in its sole discretion, considers to be objectionable for any reason or to be in violation of these Terms.
If we exercise our discretion under these Terms to suspend, deactivate, or terminate your SpaceiShare Account, any or all of the following can occur with or without prior notice or explanation to you: (a) your SpaceiShare Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, App, Services, your SpaceiShare Account, your Member Content, or receive assistance from SpaceiShare Customer Service; (b) any pending or accepted future bookings as either Host or Renter will be immediately terminated; (c) we may communicate to your Renters or Hosts, as applicable, that a potential or Confirmed Booking has been cancelled; (d) where a Host's account is terminated, we may refund a Renter in full for any and all Confirmed Bookings, irrespective of pre-existing cancellation policies; (e) may contact a Renter to inform him or her about potential alternate Space with other Hosts (f) where a Renter's Account is terminated, the Renter shall have four (4) weeks to remove any property already stored in the Space and Rental Fees shall continue to accrue during this period; and (g) neither Hosts nor Renters will be entitled to any compensation or reimbursement of any Rental Fees due to or paid by that Host or Renter prior to that Host or Renter's suspension, deactivation or termination of his or her SpaceiShare Account.
You may cancel your SpaceiShare Account at any time via the "Delete Account" feature of the Services or by sending us an email. Please note that if your SpaceiShare Account is cancelled, we do not have an obligation to delete or return to you any Member Content you have posted to the Site, App and Services, including, but not limited to, any reviews or Feedback.
You may view Listings as an unregistered visitor to the Site or App; however, if you wish to create a Listing or book a Space featured in a Listing, you must first register as a Member and create a SpaceiShare Account. SpaceiShare does not currently charge for posting of Listings. However, as a Host you acknowledge and agree that SpaceiShare reserves the right, in its sole discretion, to charge a Listing Fee in the future for the advertisement of Listings on the Site and App. SpaceiShare will provide notice of any Listing Fee collection via the Site, email or App prior to implementing such a fee.
a. Creating a Listing
To create a public Listing on the Site or App, a Host must access the "Add Listing" tab on the Site or App and complete the form including the location and a description of the Space being offered and add any applicable conditions and restrictions that must be met by a Member who is eligible to request a booking. You must accept that SpaceiShare will collect funds on your behalf in order to receive your Host Payment from a booked Listing.
The description of the Space may include text, graphics, pictures and other relevant content and should include details like the location, capacity, size, features, availability of the Space and pricing. All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. Examples of conditions and restrictions include, but are not limited to, requiring Members to have a profile picture, connected Facebook account or other Third-Party SNS Account or verified phone number, or to pay a security deposit in order to book your Space. Any Member wishing to book Space included in a Listing with such requirements must meet these requirements before the reservation of the Space can be confirmed.
You understand and agree that once a Member requests a booking of your Space, the price for such booking may not be altered. In the event that the Space becomes unavailable for rent for any reason after posting a Listing, you agree to remove or suspend the Listing as soon as reasonably practicable.
b. Verified Images
SpaceiShare may offer Hosts the option of having photographers take photographs of their Space. If you as a Host choose to have a photographer photograph your Space, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "SpaceiShare.com Verified Image" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute SpaceiShare Content, regardless of whether you include them in your Listing. You agree that SpaceiShare may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. You understand that Verified Images are intended only to indicate a photographic representation of the Space.
c. Responsibility for Listings
You acknowledge and agree that you are responsible for each and every Listing you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter's use of, a Space in your Listing (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space advertised in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that SpaceiShare assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations. SpaceiShare reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SpaceiShare, in its sole discretion, considers to be objectionable for any reason, to be in violation of these Terms, or to be otherwise harmful to the Site, App or Services.
SPACEISHARE CANNOT AND DOES NOT CONTROL THE CONTENT OF ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE FOR A RENTER'S PURPOSE. SPACEISHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S' OWN RISK.
Access to Space
A Host can provide two types of access to a rented Space: a) Full Private Access, or b) Partial Access.
Where Full Private Access is provided, the Renter has unsupervised access to the Space and is responsible for securing the Space as instructed by the Host. Where a Renter has Partial Access to a Space, the Renter must be accompanied by the Host when accessing a Space. A Renter must give prior notice to a Host when the Renter wishes to access the Space. In either case, the Listing will outline the times that the Renter may access the Space and the type of access provided. Renter must contact Host at least 24 hours in advance to request access unless otherwise specified in the applicable Rental Agreement.
Use of Space and Prohibited Items and Activities
RENTER AGREES TO USE THE SPACE ONLY FOR THE PURPOSE OUTLINED IN THE APPLICABLE RENTAL AGREEMENT. USE OF THE SPACE FOR ANY OTHER PURPOSE INCLUDING, BUT NOT LIMITED TO WORK, RECREATION, DRUG USE OR SEXUAL ACTIVITY, STORAGE, INCLUDING TRANSIENT STORAGE, OF EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS, PESTICIDES OR OTHER TOXIC CHEMICALS, WASTE OF ANY KIND, FIREARMS, AMMUNITION, ILLEGAL DRUGS OR OTHER CONTROLLED SUBSTANCES, STOLEN GOODS OR OTHER CONTRABAND, OR ANY OTHER ITEMS OR ACTIVITIES SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING OR IN THE APPLICABLE RENTAL AGREEMENT ("PROHIBITED ACTIONS") IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE CANCELLATION OF ANY AGREEMENTS AND POSSIBLE FINES AND CHARGES.
IF A HOST REASONABLY SUSPECTS A RENTER MAY BE IN BREACH OF THE ABOVE PROHIBITIONS, OR ENGAGED IN OTHER ILLEGAL ACTIVITIES, THE HOST, WITH CONFIRMATION FROM SPACEISHARE, SHALL CONTACT THE RELEVANT AUTHORITIES AT THE EARLIEST OPPORTUNITY AND PROVIDE FULL ACCESS TO THE SPACE WITHOUT NOTICE TO THE RENTER OR THE RENTER'S CONSENT.
Renter agrees to release, indemnify, and hold Host harmless from and against any and all liability arising from or relating to the removal or forfeiture of property from a Space, for any reason, including the Renter's breach of this section in particular or these Terms in general, and any allegations or investigations relating thereto. Renter shall forfeit all Fees paid up to the date of termination under this section.
Each Listing by a Host that is posted on the Site or the App is a public offer by the Host to a Member who is eligible to request a booking to enter into a legally binding Rental Agreement with the Host. A Member must have a Stripe account in order to book a Space advertised in a Listing. Once the Member accepts the terms of the Listing, including the Rental Fee, and submits his/her request to rent the Space ("Booking Request"), a Host must respond to a Booking Request within 36 hours of receipt ("the "Booking Request Period") to confirm the booking (" Booking Confirmation"). Renter").
Once we are notified of a Booking Confirmation, we will provide the applicable Space Rental Agreement to the Host and Renter via email or online for review and signature. The Rental Agreement will outline the terms for the use of the rented Space and may include a Host's specific rules and restrictions for use of the Space. Note that the Rental Agreement is between a Host and a Renter and SpaceiShare and will be used for legal and insurance purposes where necessary.
The Rental Fee will be debited from the Renter's SpaceiShare Account through our Payment Processor (Stripe) at the time of Booking Confirmation and held by SpaceiShare. We will release the Host's portion of the Rental Fee (the "Host Payment") at the start date of the rental period or within a limited time afterwards until the online Agreements have been signed and confirmed.
YOU MAY NOT BOOK A SPACE MORE THAN THREE (3) MONTHS IN ADVANCE OF THE OCCUPANCY START DATE.
THE HOST, NOT SPACEISHARE, IS SOLELY RESPONSIBLE FOR HONOURING ANY CONFIRMED BOOKINGS AND MAKING AVAILABLE ANY SPACE POSTED ON A LISTING AND RESERVED THROUGH THE SITE OR APP.
RENTERS AND HOSTS ACKNOWLEDGE AND AGREE THAT YOU, AND NOT SPACEISHARE, WILL BE RESPONSIBLE FOR PERFORMING THE OBLIGATIONS UNDER ANY RENTAL AGREEMENT, THAT SPACEISHARE IS NOT A PARTY TO SUCH AGREEMENTS, AND THAT, WITH THE EXCEPTION OF ITS PAYMENT OBLIGATIONS UNDER THESE TERMS, SPACEISHARE DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY RENTAL AGREEMENTS OUTSIDE OF THE CURRENT COVERAGE AND LIABILITY POLICY HELD BY SPACEISHARE INC.
b. For Hosts
When a Booking Request is received from a Listing on the Site or App, SpaceiShare will share with the Host (i) the first and last name of the Member who has requested the booking, (ii) a link to the Member's SpaceiShare Account profile page, (iii) if the Member has connected their SpaceiShare accounts to a Third-Party SNS Account, the names of any Members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Member on such SNS, and (iv) an indication of whether or not the Member has provided other information to SpaceiShare, such as a verified email address, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected or pre-authorized by SpaceiShare for the requested booking will be refunded to the applicable Renter. When you confirm a booking requested by a Member, SpaceiShare will send you an email, text message or message via the App confirming such booking, depending on the selections you make through the Site or App.
c. For Renters
In order to establish a booking pending the applicable Host's Booking Confirmation, you understand and agree that SpaceiShare, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a payment pre-authorization for the Rental Fee or (ii) charge you a nominal amount, not to exceed one dollar ($1) to verify your method of payment through our Payment Processor.
In the event that you and the Host do not enter into a Rental Agreement, any pre-authorization or payment made will be cancelled or refunded to you, as applicable.
If applicable through your Rental Agreement with the Host, you also authorize SpaceiShare to charge a Security Deposit (as described further below) through our Payment Processor in the event of damage or loss of property (ie. key/FOB) caused at a Space as described under "Damage to Rented Space" below.
SPACEISHARE CANNOT CONTROL ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR OWN BANK OR CREDIT CARD COMPANY FOR USING OUR PAYMENT PROVIDER AND WE DISCLAIMS ALL LIABILITY IN THIS REGARD.
d. Third Party Payment Processor
Stripe is the Payment Processor for SpaceiShare. All payment transactions are subject to Stripe's terms of service available at: https://stripe.com/ca/legal.
You acknowledge and agree that, notwithstanding the fact that SpaceiShare is not a party to any agreement between a Renters and a Host, SpaceiShare acts as the Host's payment collection agent for the limited purpose of accepting and processing payments from a Renter on behalf of a Host through our Payment Processor. IN ACCEPTING APPOINTMENT AS THE LIMITED AUTHORIZED AGENT OF THE HOST, SPACEISHARE ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE HOST.
Each Host understands and agrees that: (1) payment made by a Renter through our Payment Processor shall be considered the same as a payment made directly by the Renter to the Host, and the Host will make the Space available to the Renter in the agreed-upon manner as if the Host has received the Rental Fee directly; (2) SpaceiShare accepts payments from Renters through its Payment Processor and our obligation to pay the Host is subject to and conditional upon successful receipt of payment from Renters; and (3) SpaceiShare may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Rental Fees specified in the applicable cancellation policy.
Fees and payments
The "Rental Fee" is the fee payable by the Renter and it is the sum of the Space Fee and applicable Service Fee.
The "Space Fee" is the fee determined by Host for renting the Space.
The "Service Fee" is the sum of the Merchant Fee and the SpaceiShare Fee. Except as otherwise provided herein, Service Fees are non-refundable.
The "Merchant Fee" is set by the Payment Processor for facilitating payment transactions and it is automatically debited from the Rental Fee before remitting the balance to SpaceiShare.
The "SpaceiShare Fee" covers the use and maintenance of SpaceiShare's online marketplace and platform and ranges between nine percent (9%) and twenty (20%) percent of the Space Fee. This fee is automatically debited by the payment Processor before remitting the balance to the Host.
The "Host Payment" is the balance payable to the Host after the Service Fee and any other applicable fees are deducted from the Rental Fee.
Where applicable, Taxes may also be charged in respect of the Space Fee and Rental Fee.
Our Payment Processor may impose or deduct foreign currency processing costs on or from any payments or payouts to SpaceiShare in currencies other than Canadian dollars.
Additional fees may be charged for a Renter's delay in vacating a Space.
SpaceiShare will collect the Rental Fee from the Renter though our Payment Processor. A Renter's payment obligation to the Host for the Rental Fee is extinguished upon successful processing of the Rental Fee to SpaceiShare via our Payment Processor.
Hosts acknowledge that their Host Payment may be directly deposited into their account via Stripe or bank transfer, net of Service Fees and any other applicable fees. The time it takes for a Host to receive payment may depend upon the payment method chosen by the Renter. Hosts also acknowledge that they are responsible for registering and filing any applicable municipal, provincial, or federal Taxes that may be owing on their Host Payment. SpaceiShare is neither responsible nor liable for notifying, collecting or paying any such Taxes.
Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Rental Fees directly to a Host with a cheque, cash, or any payment method other than through our Payment Processor on the Site or App. Host and Renter acknowledge that failure to comply will result in immediate removal from the platform as well as no longer being subject to the coverage and liabilities in place to protect users when sharing space.
b. Recurring Payments
If the Booking Period exceeds one (1) month, or if the one month rental period is extended (by agreement between Renter and Host, Renters will be charged monthly fees on a recurring basis ("Recurring Payments"). SpaceiShare will collect the Rental Fee and initiate Host Payments to Host up to fifteen (15) business days of the first day of each month of the booking period, referred to herein as Recurring Payments.
If Recurring Payments apply to a Confirmed Booking, then the Renter authorizes SpaceiShare to collect the applicable fee amount through its Payment Processor on behalf of the Host and the Host agrees that SpaceiShare will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments.
c. Payment processing errors
We will take steps to rectify any payment processing errors that are brought to our attention. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you.
Cancellation Policy and Refunds
A Host is required to confirm a booking request within the Booking Request Period otherwise the booking request will be automatically cancelled. A booking cannot be confirmed if the date of the booking request precedes the Occupancy Start Date by more than three (3) months.
12.1 Cancellation prior to or within the Cooling Off Period
If a Renter cancels a requested booking before a Booking Confirmation is received from a Host, SpaceiShare will cancel any pre-authorized payments and/or refund any nominal amounts charged to your account in connection with the requested booking within a commercially reasonable time.
If a Host or Renter cancels a Confirmed Booking within the Cooling Off Period, SpaceiShare will refund the Rental Fees less the Merchant Fee for the booking to the Renter within a commercially reasonable time of the cancellation. If the Renter requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Renter's requested booking, then the Renter agrees to pay SpaceiShare the Rental Fees associated with the alternative Listing in accordance with these Terms.
12.2 Cancellation by SpaceiShare
In certain circumstances, SpaceiShare may decide, in its sole discretion, that it is necessary or desirable to cancel a Confirmed Booking such as in the case of events outside a Host or Renter's control, or for other reasons, such as either a Host or Renter's legitimate discomfort with a Host or Renter. In such circumstances, SpaceiShare may determine, in its sole discretion, to refund to the Renter part or all of the fees charged to the Renter. Hosts agree that in the event a Host had already been paid at the time of such cancellation, SpaceiShare shall be entitled to recover the amount of any Rental Fee or Host Payment refund from you, as applicable, including by subtracting such refund amount from any future Host Payments due to them. You agree that SpaceiShare and the relevant Renter or Host will not have any liability for such cancellations or refunds.
12.3 Early Cancellation of Booking by Renter
A Host may select one of the following options as the applicable cancellation policy for an applicable Rental Agreement where a Renter cancels a Confirmed Booking outside the Cooling Off Period but before the Occupancy Start Date:
12.4 Termination during the Term of a Rental Agreement
Where a Rental Agreement is entered into for the purposes of Storage or Parking, the following policy shall apply:
Overstaying without Host’s consent
Renters agree that a Confirmed Booking is merely a license granted by the Host to the Renter to enter and use the Space in accordance with the applicable Rental Agreement between the Renter and the Host. Renters further agree to vacate the Space no later than the end date and time specified in the Rental Agreement, or such other time as mutually agreed upon between the Host and Renter. If a Renter continues to occupy a Space beyond the Term of the Rental Agreement without the Host's consent, the Renter agrees that the Host can charge the Renter, for each 24 hour period that the Renter overstays in the Space a fee up to double the pro-rated amount of the Rental Fee originally paid by the Renter to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to encourage the Renter to vacate the Space (collectively, " Additional Sums ") and any fees we incur collecting the Additional Sums. Renters agree that SpaceiShare's Payment Processor, in its role as limited collection agent for the Host, shall charge the Renter's SpaceiShare Account to collect these Additional Sums, failing which we may rely on other payment mechanisms available to us.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. SpaceiShare cannot and does not offer tax-related advice to any Members or Users.
Host, Renter, and SpaceiShare Obligations
a. Host Obligations
As a Host, you acknowledge and agree that:
b. Renter Obligations
As a Renter, you acknowledge, agree, and where applicable, warrant, and represent that:
c. SpaceiShare Obligations
Through our Payment Processor, SpaceiShare will be responsible for collecting, distributing, and reimbursing any fees or payments, including Recurring Payments, in accordance with these Terms. If the Rental period is extended, the Renter will be charged monthly Rental Fees on a recurring basis.
Damage to Rented Space
As a Renter, you are responsible for keeping and leaving the Space in the condition in which you found it when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of your Invitees. In the event that a Host provides evidence, including but not limited to photographs of damage to the Space or Premises you agree to pay the cost of repair of the damage or replace the damaged items with the same or equivalent items or their financial equivalent.
The Host will notify you and SpaceiShare of a claim for damages, including the cost of repair or replacement, as soon as the damage is brought to the Host's attention. As a Renter you will have forty- eight (48) hours after being notified of the claim at the contact information provided in your SpaceiShare Account to respond to the claim.
As a Renter, you agree to cooperate with and assist the Host in good faith, and to provide the Host with such information as may be reasonably requested by him, her, or it, in order to make a claim under your applicable coverage policy, including, but not limited to, executing documents and taking such further acts as the Host may reasonably request to assist the Host in finalizing the claim for damages.
In the unlikely event of a dispute over damages you agree to participate in the dispute resolution process as outlined in these Terms.
If you engage with anyone in the Space or on the Premises who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should report such person to the appropriate authorities immediately. You should also alert SpaceiShare about the incident and forward the police station and report number (where available), provided that you understand and acknowledge that SpaceiShare is not obligated to take any action beyond that required by law (if any) or cause us to incur any liability.
a. Host and Renter Insurance
The Host is responsible for the Space and shall hold comprehensive home or renter's insurance (as applicable) and contents insurance on the Premises on which the Space is located. SpaceiShare recommends that the Host review and confirm with his/her insurance provider the extension of the coverage for the contemplated use of the Space being offered for rent. In particular, as a Host you should make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply under your insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters and Renters' Invitees, (if applicable) while at the Space or on the Premises.
As a Renter, you understand and agree that a Host may make a claim under your applicable insurance policy, including homeowner's, renter's or other insurance policy, related to any damage or loss that you may have caused or have been responsible for causing on or to a Space or Premise or any personal or other property located at or in a Space (including without limitation amounts paid by SpaceiShare under SpaceiShare Assurance). You agree to cooperate with and assist SpaceiShare in good faith, and to provide SpaceiShare with such information as may be reasonably requested by SpaceiShare, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as SpaceiShare may reasonably request to assist SpaceiShare in accomplishing this matter.
b. SpaceiShare Coverage
SpaceiShare may offer to pay an amount in compensation to either a Host or a Renter for loss or damage to property stored in a Space, the Space or the Premises in instances where: (a) accidental loss or damage to the Renter's stored property is suffered through no fault of either the Host or the Renter or (b) payment of damages or loss suffered from the responsible party (either the Host or the Renter) is deemed unrecoverable after every available insurance policy claim has been unsuccessful.
Any such coverage payments will be capped at an aggregate maximum of $5,000 per Agreement. In the event of damage to stored property, the Assurance payout is limited to up to $350 per item of the stored property up to the $5,000 cap. The coverage payments shall not apply to boats, caravans, cars or any other vehicles of any nature unless Registered user indicates that their policy was for vehicle storage through the platform. All users must register, book and pay through the platform in order to be eligible for any protections offered through SpaceiShare.
A Renter or Host is eligible to make a claim under the SpaceiShare Assurance only if the Renter or Host has executed the applicable Rental Agreement for the Space.
ANY PAYMENTS MADE BY SPACEISHARE UNDER THIS GUARANTEE ARE NOT AN ADMISSION OF ANY LIABILITY OR RESPONSIBILITY BUT ARE INTENDED TO PROMOTE USE OF THE SITE AND THE SERVICES AND BUILD TRUST BETWEEN USERS AND SPACEISHARE. THE GUARANTEE DOES NOT CONSTITUTE A CONTRACT OF INSURANCE. SPACEISHARE'S DECISIONS ON ANY ASSURANCE PAYMENTS ARE FINAL AND BINDING.
Privacy and Confidentiality
We are compliant with Canada's Anti-Spam Legislation (CASL). You acknowledge and understand that by creating a SpaceiShare Account, submitting your contact information and participating in surveys, promotions, or engaging with other materials on our site you are providing us direct or indirect consent to contact and communicate with you for the purpose of: (i) sharing information with you; and (ii) establishing, developing and/or managing our relationship with you. You hereby agree that SpaceiShare may communicate with you via any means of communication in any media, including e-mail, telephone and in-person in connection with our Site, App, Services and the transactions contemplated thereby.
If you wish to be removed from our contact list, you may unsubscribe using the "Unsubscribe" link available in any communication you receive from us, or select the "Unsubscribe from all lists" when you cancel your account.
You have the right to object to the use of information collection technologies. Cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Please be aware that if you disable or remove these technologies some parts of our website will not work and that when you revisit our website your ability to limit cookies is subject to your browser settings and limitations.
We may, in our discretion, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Site, App and Services, and (b) deactivate or cancel your SpaceiShare Account if we determine that you are in breach of these Terms. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event SpaceiShare terminates your access to our Site, App and Services or deactivates or cancels your SpaceiShare Account you will remain liable for all amounts you owe to us.
You may cancel your SpaceiShare Account at any time via the "Cancel Account" feature of the Services or by sending an email to [email protected].
IF YOU CHOOSE TO USE THE SITE, APP, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS AND YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL SUCH REGARDS YOU UNDERSTAND THAT SPACEISHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APP, OR SERVICES OR TO REVIEW OR VISIT ANY SPACES.
SPACEISHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APP OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APP OR SERVICES. IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SPACEISHARE. SPACEISHARE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HOST, RENTER, USER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT SPACEISHARE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION.
SPACEISHARE PROVIDES THE SITE, APP, AND SERVICES ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SOLELY FOR THE PURPOSES, AND THE SITE, APP, AND SERVICES DO NOT CONSTITUTE A SOLICITATION TO TRADE IN ANY STORAGE SPACE, REAL ESTATE, OR PROPERTY OF ANY NATURE. ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES THAT ARE NOT EXPRESSLY STATED IN THESE TERMS, WHETHER ORAL OR IN WRITING OR WHETHER IMPOSED BY STATUTE OR OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED.
SPACEISHARE MAKES NO WARRANTY THAT THE SITE, APP, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RENTAL SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SPACEISHARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RENTAL SPACE, HOSTS, RENTERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APP, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPACEISHARE OR THROUGH THE SITE, APP, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE IN THESE TERMS.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APP, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE, APP AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SPACEISHARE WHETHER IN PERSON OR ONLINE, INCLUDING ALL AGREEMENTS BETWEEN HOSTS AND RENTERS, REMAINS WITH YOU.
IF YOU ARE DISSATISFIED WITH THE SITE AND THE COLLECTIVE CONTENT THEREON, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE SITE, APP, AND SERVICES.
NEITHER SPACEISHARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, SERVICES, OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, OR PERSONS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR DEVICE RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE, APP, OR SERVICES, THE CONTENT, OR ANY INFORMATION OBTAINED THROUGH THIS SITE, APP, OR SERVICES, OR THE FUNCTIONS OF THE SITE, APP, SERVICES, OR ANY LINKED SITE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE ON THE SITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPACEISHARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER SPACEISHARE ASSURANCE, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APP AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE ON THE SITE OR APP, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES, AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED ONE HUNDRED DOLLARS (CAN$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPACEISHARE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN THAT REGARD.
HOST SHALL HAVE NO LIABILITY TO RENTER OR RENTER'S INVITEES FOR ANY PERSONAL OR BODILY INJURY EXCEPT IN THE EVENT OF HOST'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. RENTER HEREBY WAIVES AND DISCLAIMS ANY AND ALL CLAIMS OR CAUSES OF ACTION RENTER MAY HAVE AGAINST HOST, IN THE EVENT OF PERSONAL OR BODILY INJURY TO RENTER OR RENTER'S INVITEES, EXCEPT AS A RESULT OF HOST'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
You agree to release, defend, indemnify, and hold SpaceiShare and its Affiliates and Subsidiaries, and their officers, directors, employees, professional advisors, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, App, Services, Collective Content, or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Space, or (iii) creation of a Listing; and (d) the use, condition or rental of a Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Space.
a. Entire agreement
b. Assignment and Inurement
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SpaceiShare may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by SpaceiShare (i) via email (in each case to the address that you provide in your SpaceiShare Account) or (ii) by posting to the Site or App. For notices made by e-mail, the date of receipt will be deemed to be the date on which such notice is transmitted.
d. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
e. Dispute resolution
You and SpaceiShare agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of any provisions in these Terms, or to the use of the Services or use of the Site or App (collectively, "Disputes")
The parties shall endeavour to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
The arbitration shall be conducted on a confidential basis pursuant to the Canadian Arbitration Rules of ICDR (Arbitration Rules of ADRIC).
You acknowledge and agree that you and SpaceiShare are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SpaceiShare otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This "Dispute Resolution" section will survive any termination of these Terms.
The failure of SpaceiShare to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, each User agrees that the court should endeavour to give effect to the intention of SpaceiShare in the provision, and the other provisions of the Terms will remain in full force and effect.
If you have any questions regarding these Terms, you can contact SpaceiShare at [email protected].
Last Modified: Jan 1, 2019