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Terms and conditions

 

1.   Terms

Last update: [January 2019]

Welcome to the Shared Space Project website and application (that we will call the “Platform“) which is operated by SHARED SPACE PROJECT INC. (that we will call “SSP” or “we” or “us”). To use the Platform, you must comply with certain terms, conditions and rules that are explained in these Terms.

These Terms are a contract between the user (“you” or the “user“) and SSP. You agree to these Terms by using the Platform. If you do not wish to be bound by these Terms, you must stop using the Platform.

 

2.   Our Services

The Platform allows Users to provide services to other Users. The Platform facilitates communication between Users willing to make a location they own or legally occupy (a “Space”) available to other Users willing to rent such Space to conduct their activities. Users providing Spaces are referred to as “Hosts” and Users renting out Spaces are referred to as “Guests”.

SSP provides the Platform and acts as an intermediary between Hosts and Guests. SSP does not provide Spaces and Hosts are solely responsible for their offerings posted on the Platform. You agree that SSP will not be responsible for the behavior of any Host or Guest, and that renting a Space is a transaction between Users of the Platform for which SSP incurs no liability, except as expressly specified in these Terms.

 

3.   Definitions

When used with a capital letter, the following words or expressions have the meaning ascribed to them below:

Booking Price” means the amount payable by a guest for a Booking as agreed between the Guest and the Host;

Booking” means a transaction between a Guest and a Host by which they agree that the Guest will rent a Space for a determined duration;

Guest” means a User renting a Space from a Host;

Host Payment Account” means a Canadian bank account for which account information is provided to SSP by a Host to allow the deposit of Net Earnings;

Host” means a User offering Space(s) to rent;

Net Earnings” means the amount transferred to a Host for a given Booking, the Booking Price minus the Service Fees;

Processing Fees” means the fees charged by our payment services provider to process transactions;

Service Fees” means the fees charged to Hosts by SSP to provide its services;

Space” means a location made available for rent on the Platform;

User” means a person registered on the Platform, whether acting as a Host or a Guest;

 

4.   Conditions for Using the Platform

You must be 18 years of age or older to use the Platform. You must use your real name to use the Platform. Anonymous use is not permitted.

You may not access the Platform by automated means or from another system or platform unless you enter into a written agreement with us.

We may, in our sole discretion, terminate or cancel your access to all or part of the Platform for any reason, including, without limitation, non-compliance with these Terms or any suspected fraudulent, abusive or illegal activity.

 

5.   User Account

You must create a user account to use the Platform. You represent and warrant that all information provided to SSP in the process of creating your user account is true and accurate. Individuals creating an account in the name of an organisation or enterprise warrant that they are authorized to bind such organisation or enterprise and to act on its behalf.

You are entirely responsible for your user account and for any action undertaken using your user account. You may not share your account with anyone and must keep your password confidential. Organisations must ensure that individuals using their user account are authorized to act on their behalf as far as usage of the Website is concerned.

This service is made available to Hosts and Guests in order to foster trust between Users. Identity verification is a tool made available to Users to increase their level of comfort in their interactions with other Users. However, SSP does not itself verify the identity of Users and does not warrant that the identity verification service will provide accurate results.

We do not process personal information ourselves as part of the identity verification service. All processing is done by our service provider. Identity verification is subject to terms and conditions set by our service provider. By using the service, you enter an agreement with our service provider.

If you choose to use our identity validation service, you agree to the disclosure of your full name, email address, User ID number and general location to our service provider, Token of Trust.

 

6.   Our Content

Content available through the Platform is our property or is used under license. We do not guarantee that said content does not infringe any other person’s intellectual property rights.

You may not modify, copy, distribute, perform, transmit, transfer, display, provide, reproduce, publish or sell any part of the Platform or the content included in the Platform, nor any information or service obtained from the Platform other than as part of your use of the Platform that complies with these Terms. You may not grant any license or sub-licence to the Platform or any related content without our prior written consent.

You may not use the photos, text, logos or trademarks reproduced in the Platform other than by using the sharing features of the Platform in a personal and non-commercial manner without our prior written authorization.

 

7.   Personal Data

We collect personal data about Users through the Platform. To use the Platform, you must consent to the collection, processing and disclosure of your personal data in accordance with our Privacy Policy. By accepting these Terms, you declare that you have read our Privacy Policy and that you give us your consent.

We use personal data as necessary to provide our services and you cannot opt out of the processing of your personal data and still use the Platform. Under certain circumstances, the collection and processing of personal data is subject to your specific consent, which may be withdrawn at any time, as provided in our Privacy Policy.

8.   User Generated Content

The Platform allows you to create content, in the form of words, images, sounds or otherwise, that will be accessible to Users or to the public through the Platform and on the Web (which we will call “User Content“). You are responsible for any User Content that you publish using the Platform. You must ensure that your User Content is not infringing on the rights of other people and that it is legal and appropriate. You warrant that you are authorized to share your User Content with the public anywhere in the world, and in particular that such content does not infringe the rights of other persons or entities, including intellectual property rights.

You grant us a non-exclusive, universal, royalty-free, irrevocable and assignable license to reproduce, represent, use, modify, adapt, translate, transform, commercially exploit and communicate to the public, by telecommunication or otherwise, any User Content. You renounce and irrevocably agree to waive, in our favor and favor of our successors and assigns, the exercise of the moral rights you hold and may hold in any User Content.

We may remove any User Content that does not comply with these Terms or that we consider inappropriate in our sole discretion. However, we do not systematically monitor User Content shared through the Platform and we assume no liability for the User Content made available through the Platform.

 

9.   Spaces

Hosts represent and warrant, for the benefit of SSP, that they own the property where their Spaces are located or that they are legally permitted to rent their Spaces.

SSP may from time to time impose restrictions on the type of Spaces that may be made available through the Platform and/or the activities that may be conducted in a Space by Guests. Hosts agree to respect such restrictions and refrain from advertising restricted activities as permitted in their Spaces.

It is your sole responsibility as a Host to ensure that you are abiding by all applicable laws and regulations by renting your Space(s). Hosts represent and warrant to SSP that the proposed use of their Spaces is permitted by applicable law. SSP provides no legal advice and cannot help you determine if using the Platform to rent a Space could be a violation of applicable laws and regulations.

 

10.   Bookings

Guests may request a booking for a Space through the Platform. The Host must accept the Booking request before a Guest may proceed with payment. Some Hosts might offer an Instant Booking option on their listing.

Bookings will not be confirmed until the Booking Price is fully paid to SSP.

Bookings may be cancelled through the Platform up to 24 hours prior to the start of a Booking by a Guest or a Host. To cancel your booking, you will need to contact the Host or the Guest through the messaging system available on the Platform.

Flexible

  • For a full refund of the booking price, the service fees and potential cleaning fees, the cancellation request must be created 24 hours prior to the beginning of the booking.
  • If the cancelation request is created less than 24 hours before the beginning of the booking day, the booking price, the service fee and any other fees are not refundable.
  • If the Host cancels the booking 24 hours before the starting date of the booking, the full amount of booking will be refunded to the user including the service fees.
  • If a guest cancels a reservation that overlaps with any part of an existing reservation, SSP is not responsible for refunding the service fee.
  • Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by SSP for any other reason permitted under the Terms of Service.

Moderate

  • For a full refund of the booking price, service fee and potential cleaning fees, the cancellation request must be created 72 hours prior to the beginning of the booking
  • If the cancellation request is created less than 72 hours before the beginning of the booking day, the booking price, the service fee and any other fees are not refundable.
  • If the Host cancels the booking before 72 hours before the starting date of the booking, the full amount of the booking will be refunded to the User including the service fees.
  • If a guest cancels a reservation that overlaps with any part of an existing reservation, SSP is not responsible for refunding the service fee
  • Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by SSP for any other reason permitted under the Terms of Service.

Strict

  • For a full refund of the booking price, service fee and potential cleaning fees, the cancellation request must be created 7 days prior to the beginning of the booking
  • If the cancellation request is created less than 7 days before the beginning of the booking, 50% of the booking price including the cleaning fees will be refunded. No service fee will be refunded.
  • No refund offered if the cancellation request is placed less than 7 days in advance.
  • If the Host cancels the booking 7 days before the starting date of the event, the full amount of booking will be refunded to the user including the service fees.
  • Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by SSP for any other reason permitted under the Terms of Service.

Users acknowledge that the agreement governing the use of Spaces by a Guest is made between the Host and the Guest and that SSP is not a party to such agreement. Subject to the undertakings of Hosts and Guests toward SSP pursuant to these Terms, Hosts and Guests are free to make any agreement they may see fit with regards to Spaces and Bookings.

Users agree not to circumvent the Platform when renting a Space listed on the Platform. The total consideration for a Space shall be paid by a Guest through the Platform. Failure to abide by this rule may lead to the termination of the Guest’s and Host’s accounts.

 

11.   Fees

Hosts agree to pay Service Fees, including applicable taxes, determined as a percentage of the Booking Price which is indicated on the Platform in the Pricing Section. The percentage of the Service Fee may vary from transaction to transaction. The Service Fee is only charged on successful Bookings.

Guests agree to pay Processing Fees equivalent to the fees charged to SSP by payment processors. Processing Fees are clearly indicated at checkout.

 

12.   Payments and Invoicing

Payments are processed through Paypal. We do not record Users’ payment information. Payments are subject to Paypal’s terms of use.

When a Booking request is accepted by a Host, Guests will be asked to pay the Booking Price, and the Processing Fees through the Platform. The Booking Price and Processing Fees are payable by credit card to SSP. SSP will hold the Booking Price on behalf of the Host.

Guest agrees that their credit card or Paypal account will be charged in accordance with these Terms of Use. Guest are entirely responsible for fees associated with their payment method.

At the starting time of a Booking, the Net Earnings will be deposited in the Host Payment Account.

Guests will receive an invoice from Paypal. We will provide Hosts with an invoice for Service Fees. All invoices will be available through the Platform.

You agree that SSP may operate compensation between any amount owed by a User to SSP and any amount payable to a User pursuant to these Terms or otherwise. Users agree that any such compensated amount may be withheld by SSP from any payment to be made to a User under these Terms or otherwise.

You agree that (i) funds held by SSP on behalf of any User (the “deposited funds”) will be deposited in an account administered by SSP, (ii) SSP’s role with regards to deposited funds will be solely administrative and not fiduciary, (iii) SSP will be the sole beneficiary of any revenue, interests or other advantages, if any, in relation with the deposited funds, (iv) SSP will not voluntarily make deposited funds available to its creditors, and (v) SSP reserves its right to remit the deposited funds to a competent court office it the event of a dispute between Users, but makes no undertaking in that regard.

When needed, we may use a third-party payment processor to process your payment. You warrant and represent that you are the valid owner or an authorized user of the credit card / Bank account / PayPal account you provide, and that all such information is accurate.

 

13.   Taxes

Hosts are solely responsible to determine their obligations with respect to the collection of sales taxes, value-added taxes, occupancy tax or any other tax or governmental levy applicable on the Booking Price. The Booking Price is deemed to include any such applicable taxes.

You agree to indemnify and hold SSP harmless from any loss or claim by a governmental authority (including reasonable professional fees incurred by SSP to defend such claims) related to taxes applicable on a Booking but excluding claims about taxes on SSP’s income.

 

14.   Disputes

SSP acts as an intermediary to connect Hosts and Guests through the Platform. It does not endorse or take responsibility for any Host or Guest.

Users agree that in the event of a dispute involving a Space or a Booking, they will promptly notify SSP in writing. SSP may, at its discretion, provide assistance in resolving a disagreement between a Host and a Guest regarding a Booking. SSP does not act as an arbitrator and will not make any enforceable decision with respect to a dispute. Hosts and Guests do not forgo any legal remedy that may be available to them against each other because of their agreement with SSP under these Terms.

Users agree to cooperate in good faith with SSP to resolve any dispute. However, if a solution proposed by SSP is not satisfactory to a Guest or Host, or if SSP decides not to provide assistance, Users may avail themselves of any remedy that may be available.

SSP will not redirect or refund funds held on behalf of a Host without written instructions from the relevant Host.

 

15.   Prohibited Use

You may not upload or otherwise transmit any unlawful, harassing, false, misleading, defamatory, abusive, profane, threatening, vulgar, obscene, sexually explicit or pornographic material nor any malicious code or material that may interfere with the Platform. You promise not to gain unauthorized access to, harm, or attempt to use other computer systems through the Platform.

You may not attempt to copy or reproduce the Platform or its source code or reverse engineer the Platform.

You may not harvest data from the Platform or engage in any form of mass download of the data available on the Platform.

 

16.   External Links

The Platform contains links to websites owned and operated by third parties on which we have no control. We link to external sites solely for ease of browsing and the availability of a link does not mean that we endorse the content of a website. We are not responsible for the content of websites accessible through hyperlinks.

Websites and pages linked to the Platform (for example SSP’s Facebook page) are governed by their own terms and policies which may differ from these Terms and may not be under our control. Please read the applicable terms and policies before visiting and using websites or pages.

 

17.   Disclaimer of Warranty

While we strive to provide you with quality service, your use of the Platform and of our services is at your own risk. The Platform is provided “as is” and without any warranties, whether express or implied.

SSP does not warrant that access to the Platform and the services offered through it will be uninterrupted and secure and that the content available through the Platform will be error-free, accurate, complete and up-to-date. In particular, we do not warrant that the information regarding the schedule, description and price of the proposed activities as well as the points of interest mentioned is accurate.

 

18.   Limitation of Liability

To the extent permitted by law, SSP, its directors, its employees and its officers will not be liable for any damages of any nature whatsoever, including, without limitation, damages arising from the loss of data or profits, from the use or performance of the Platform, from the content and services offered through the Platform or from the inability to obtain such content or to use the Platform. If you are dissatisfied with all or part of the Platform, or any of the terms of these Terms, your sole and exclusive remedy is to stop using the Platform.

 

19.   Indemnification

You agree to indemnify SSP, its affiliates, directors, officers, shareholders, employees, agents and licensors with respect to any and all damages, claims, liabilities, losses, charges, claims, fines, penalties and indebtedness, including reasonable legal fees and expenses, which may result from (a) your use of the Platform or any alleged violation of these Terms or (b) our authorized use of your User Content.

20.   Assignment and Termination

You may not assign or transfer your rights or your obligations pursuant to these Terms without the prior written consent of SSP. We may assign our rights and obligations pursuant to these Terms at our discretion.

You may terminate your agreement with SSP at any time by written notice. If a User terminates his/her agreement with SSP when a Booking is still outstanding, the Booking will be cancelled, and the Booking Price will be refunded to the Guest in accordance with our cancellation policy.

 

21.   Governing Law

These Terms and all related transactions shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be construed and interpreted in accordance with these laws.

Any claim regarding the Platform or these Terms must be brought before a competent court of the province of Quebec sitting in the judicial district of Montreal. Users and SSP hereby exclude any other jurisdiction unless such an election is prohibited by applicable law.

 

22.   Modifications

We may modify these Terms at any time by making the modified Terms available on the Platform.

The modified Terms will take effect immediately and you will be prompted to accept them at your next connection on the Platform. The date of the last update is indicated at the beginning of these Terms.

 

23.   Contact Us

We will be happy to receive your questions, comments and feedback regarding these Terms. If you have any questions, do not hesitate to write to us at the following address: support@sharedspaceproject.com