Terms and Conditions

This document, together with the Privacy Policy and any other policies or guidelines posted at www.sharebee.ca (the “Agreement”) is a contract between you (“you”) and (“Sharebee”) concerning the conditions associated with your use of the website and/or of the services offered within such website (the “Service”). Please read all of the following terms and conditions carefully before using the Service. By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.

The Service

Sharebee makes available an online platform or marketplace with related technology for owners seeking to rent warehouse and/or parking spaces and persons wishing to rent such spaces to meet online and arrange for bookings of said spaces directly with each other. 

You understand an agree that Sharebee is not a party to any agreements entered into between owners of listed property and tenants, nor is Sharebee a real estate broker, agent or insurer.

The Service is accessible at www.sharebee.ca and as applications for mobile, tablet and other smart devices and application program interfaces.

Conditions relating to the use of the Service

You need a supported Web browser to access the Service. You acknowledge and agree that Sharebee may cease to support a given Web browser and that your continuous use of the Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Service is incumbent on the performance of your computer equipment and your Internet connection.

You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the “Forgot Password?“ link and follow the on-screen instructions. You are also solely responsible for restricting access to your account.

You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Service as soon as possible to obtain a new password.

You agree that you are responsible for all activities that occur on your account.

In all circumstances, you agree not to permit any third party to use or access the Service.

As a condition to your use of the Service, you agree not to:

– Impersonate or misrepresent your affiliation with any person or entity;

– Access, tamper with, or use any non-public areas of the Service or Sharebee’s computer systems;

– Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;

– Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;

– Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

– Provide payment information belonging to a third party;

– Use the Service in an abusive way contrary to its intended use, to its documentation or to Sharebee’s reasonable instructions;

– Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

– Infringe third party intellectual property rights when using or accessing the Service.

Sharebee grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for your own personal purposes as an individual consumer.

You agree that Sharebee may at any time modify the fees attached to the subscription plan and your continuing use or access of the Service shall be deemed to constitute acceptance of such new pricing scheme or fee.

Sharebee will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Sharebee may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. you acknowledge that, although Sharebee has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

User Registration

Access to the website www.sharebee.ca and the registration of an account are free. However, in order to access certain features of the Service, and to book or create a rental space listing, you must register to create an account and become a Member. Your account and account profile page will be created for your use of the Service based upon the personal information you provide to us. You may not have more than one (1) active account.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Sharebee reserves the right to suspend or terminate your account and your access to the Service if you create more than one (1) account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these present terms and conditions.

Rental Space Listings

You agree to provide accurate, current and complete information regarding your rental space listing and to update such information to keep it accurate, current and complete. Sharebee reserves the right to suspend or terminate your account and your access to the Service if you if any information provided relating to your rental space listings proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these present terms and conditions.

Sharebeee cannot and does not control the content contained in any listings and the condition, legality or suitability of any rental spaces. Sharebee is not responsible for and disclaims any and all liability related to any and all listings and rental spaces. Accordingly, any bookings will be made or accepted at the member’s own risk.

Responsibility of Users

The owner of rental spaces shall only post listings on www.sharebee.ca of spaces of which he is the owner, or is authorised to rent for such purpose. He shall ensure that the spaces are in good condition and are suitable for the storage of goods or vehicles.

The owner shall ensure that the electric installations, the humidity and to the security and access conditions of the spaces are well maintained. The rental space must be match the description listed on www.sharebee.ca by the owner. The owner shall be solely responsible for the listings posted.

The owner shall have the right, at his own discretion, to refuse to store any goods, provided that such discretion is exercised reasonably.

In return, the tenant covenants that he shall maintain in good condition the leased spaces and that he shall not obstruct the corridors or common spaces. The tenant may store any goods to which the owner has agreed to with the exception of the following:

– Animals, plants or any other related product or by-product;

– Chemical products which presents a danger to the environment or the wellbeing of humans;

– Items or merchandises which are moldy, contaminated or polluted;

– Firearms, ammunition, explosives or fireworks;

– Dangerous or radioactive materials;

– Inflammable liquids or gas;

– Perishable food products;

– Cigarettes, tobacco or tobacco products;

– Negotiable titles such as share certificates or bond certificates;

– Cash, credit or debit cards, currency or any other form of payment;

– Identification documents such as identity cards, driver’s licenses;

– Waste or garbage;

– Stolen or illegally detained goods;

– Substances or illicit drugs as listed under the Controlled Drugs and Substances Act.

By law, certain goods such as motor vehicles must be insured despite being stored in a private space such as a warehouse. The tenant warrants that the motor vehicle which he intends to store in a private warehouse is adequately insured and that he has informed his insurer of such intention.

Fees and Payment

Each owner of a listed rental space hereby appoints Sharebee as his limited payment collection agent solely for the purpose of accepting the rental fees from the tenants. Each owner agrees that payment made by a tenant through Sharebee, shall be considered the same as a payment made directly to him, and the owner will make the rental space available to the tenant in the agreed-upon manner as if the owner has received the fees. Each owner understands that Sharebee accepts payments from tenants as the owner’s limited payment collection agent and that Sharebee’ obligation to pay the owner is subject to and conditional upon successful receipt of the associated payments from tenants. 

Sharebee does not guarantee payments to owners for amounts that have not been successfully received by Sharebee from tenants. In consideration for the use of Sharebee’s online marketplace and platform, Sharebee charges services fees equal to 15 % of the listed rental fees of a given leased space.

You as tenant acknowledge and agree that, notwithstanding the fact that Sharebee is not a party to the agreement between you and the owner, Sharebee acts as the owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the owner. You agree to pay Sharebee for any confirmed bookings made in connection with your account by one of the methods supported by the Service. You as a tenant agree that Sharebee may charge your credit card or other payment method the fees for any booking requested in connection with your account in the increments and at the frequency associated with the applicable booking. In order to establish a booking pending the applicable owner’s confirmation of your requested booking, you understand and agree that Sharebee, on behalf of the owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your payment method or (ii) charge your payment method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting to verify your payment method.

If Sharebee is unable to collect any amounts you owe for a confirmed booking, Sharebee may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Sharebee by you. Such communication may be made by Sharebee or by anyone on their behalf, including but not limited to a third party collection agent.

Please note that Sharebee cannot control any fees that may be charged to a tenant by his or her bank related to Sharebee’ collection of the rental fees, and Sharebee disclaims all liability in this regard.

You authorize Sharebee, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, payment methods or payment methods; or attempting to screen your information against third party databases. You further authorize Sharebee (or its affiliate) to request a consumer report on you from a consumer reporting agency.

You are responsible for providing Sharebee valid credit card information. You may modify this information at any time by accessing the “Credit Card” section of the Service. You must update your credit card information if your credit card information changes.

Sharebee accepts no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card, PayPal account or otherwise. If such situation would occur, you will receive an error message from the Service and the transaction will be denied. Moreover, Sharebee may suspend your account and contact you so you can provide Sharebee with valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to Sharebee.

All monies stipulated in this Agreement and in the Service are expressed in Canadian dollars and include all applicable taxes.

Cancellation and Refunds

If, as a tenant, you cancel your requested booking before the requested booking is confirmed by the owner of the listing or at least three days prior to the beginning of your rental term, Sharebee will cancel any amounts collected from your credit card or payment method and/or refund any amounts charged in connection with the requested booking within a reasonable time. If, as a tenant, you wish to cancel a confirmed booking, either two days prior to or after the beginning of your rental term, Sharebee will charge a cancellation fee equal to two weeks of rental from the date of cancellation. As a tenant, if you want to cancel a confirmed ongoing booking, Sharebee reserves the right to charge you the reste of the ongoing month’s rental price and 3 months of Service Fees. As an owner of a listed property, if you want to cancel a confirmed ongoing booking, you need to contact Sharebee with a 30-day notice. As an owner of a listed property, you may cancel a confirmed booking if such cancellation is made and notified to the tenant and Sharebee at least three days prior to the beginning of your rental term. If Sharebee decides for any reason that it is necessary or desirable to cancel a confirmed booking made via the Service, you agree that Sharebee and the relevant tenant or owner will not have any liability for such cancellations or refunds.

As an owner of a listed property, you may cancel a confirmed booking if such cancellation is made and notified to the tenant and Sharebee at least three days prior to the beginning of your rental term. If Sharebee decides for any reason that it is necessary or desirable to cancel a confirmed booking made via the Service, you agree that Sharebee and the relevant tenant or owner will not have any liability for such cancellations or refunds.

Termination

Sharebee also reserves the right to suspend or end the Service at any time at its discretion and without notice. For example, Sharebee may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause Sharebee legal liability, disrupt the Service or disrupt others’ use of the Service. Sharebee reserves the right to terminate and delete your account if you haven’t accessed the Service for 12 consecutive months.

Sharebee reserves the right to temporarily or permanently discontinue the Service at any time. Sharebee will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, Sharebee will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.

Property Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of Sharebee and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Service.

You as an owner of rental space understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in your rental spaces. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. Sharebee cannot and does not offer tax-related advice to any of its members.

Disclaimer of Warranty and Limitation of Liability

To the full extent allowed by applicable law, Sharebee makes no warranty or representation regarding the service, including that the service will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, without problems or error free, or that all errors in the service will be corrected. Sharebee provides the service “as is” and as ”available”.

To the full extent allowed by applicable law, Sharebee warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited to, the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondant with description and non-infringement, all of which are expressly disclaimed.

To the full extent allowed by applicable law, in no event shall Sharebee and its suppliers or licensors have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the service, whether foreseeable or not, and even if Sharebee had been advised of the possibility of such damages. In the event that Sharebee is found liable to pay you any damages, Sharebee’s total cumulative liability to you under this agreement shall not exceed $100. the above limitations of liability will not be affected if any remedy provided herein shall fail its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless Sharebee, its officers, directors, affiliates, employees and agents, 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 your access to or use of the Service.

Amendments

Sharebee may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in Sharebee’s obligations, give you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by sending Sharebee a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you.

Refusing an amendment entails the termination of this Agreement, the automatic deactivation of your account and denial of access to the Service.

General Provisions

This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec.

This Agreement is the entire and exclusive agreement between Sharebee and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Sharebee and you regarding the Service.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Sharebee which consent is within Sharebee’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Sharebee shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and Sharebee.

If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

The waiver by Sharebee of a breach or a default of any provision of these present terms by you shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of Sharebee to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by Sharebee. Waivers must be acknowledged in a manually signed writing.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.

Insurance (Quebec only)

Sharebee will maintain an insurance policy, for the benefit of its users and for the duration of their rental contracted through Sharebee’s online platform. This insurance policy will provide coverage for a tenant’s property located in leased storage spaces, and for its users’ liability in relation to their rental activities contracted through Sharebee’s online platform.

By accepting these terms and conditions, you hereby:

– Accept the stipulation made for your benefit by Sharebee in the insurance policy it is contracting;

– Designate Sharebee as your agent (mandatary) for receiving on your behalf any and all notices from the insurer related to the insurance policy contracted by Sharebee for your benefit, namely regarding changes or cancellation/termination;

– Acknowledge and accept that Sharebee may, at its own discretion, modify the terms of and/or cancel/terminate the insurance policy it has contracted for your benefit;

– Acknowledge that Sharebee is the sole payor of any insurance premium, and directs the insurer, in case of termination/cancellation of the insurance policy, to refund any overpayment of premium to Sharebee.  

A copy of the insurance policy in force will be made available to you by Sharebee. Sharebee will notify you of any changes to the coverage provided under the insurance policy in force, and of any termination of the insurance policy.

Contact

If you have any concern, question or complaint regarding this Agreement, please contact Sharebee at:

Sharebee Technologies Inc.

5795 De Gaspe Avenue, Office 208-B

Montreal, Quebec, Canada, H2S 2X3

[email protected]

The current Agreement last update was on March 4th, 2019.