These Terms of Use form a legally binding contract between ROOMEAZE ACCOMMODATION INC. Operating As “SpacesShared” ("we" or "us") and the people and companies (“Users” or “you”) that access and use our website located at SpacesShared.ca www.spacesshared.ca or any related website or mobile platform controlled by us, and all services, content and products provided through our website and any other software application we operate (collectively, the "Website").
It is very important that you read and fully understand these Terms of Use before using the Website and accessing the services. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.
By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.
These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.
Without restriction, we generally offer the following services through the Website: We provide a platform that allows guests to match to hosts, communicate with each other, verify their identities, enter agreements, and make payments.(the “Services”) By using the Website, you are confirming that you have determined that the Services are appropriate for your needs. We do not guarantee that these Services meet your needs or that they are suitable for your specific purposes.
In the course of providing the Services we may make available to you certain home-share agreement templates. Such templates are provided to you for information purposes only and are not intended as legal advice or as a substitute for the particularized advice of your own counsel. The templates could include inaccuracies or typographical errors. and are not guaranteed to be correct, complete, or up‐to‐date. Anyone seeking specific legal advice or assistance should retain an attorney.
All homeshare agreements entered into between you and other users of the Website are specific to the parties entering into such agreement. We are not a party to any such home-share agreement and as such are neither liable under such agreement or are able or entitled to enforce any terms of the agreement against any other user of the Website. You are encouraged to seek legal advice before you enter into any home-share agreement to ensure you understand the terms and your rights and obligations under the agreement. We will not incur any liability in respect of your failure to seek independent legal advice.
As part of the Service, we will facilitate basic conflict resolution resources in respect to conflicts arising out of homeshare arrangements facilitated through the Website. If requested we will work with you and another user of the Website with whom you have entered into a homeshare agreement with to assist you to resolve issues arising from the homeshare. In providing such facilitation we are a neutral party and do not represent either side in the dispute. We make no guarantees with regards to our ability to resolve any dispute and provide no promise of resolution.
At our option and from time to time, we may modify any of the Services (for example, to provide new or different features or workflow, maintain compatibility with existing or emerging standards or comply with regulatory requirements) provided, however, that the functionality of any Purchased Service will not be materially decreased from the functionality available at the time you purchased the Purchased Service.
We will use commercially reasonable efforts to make the online Services available 7 days per week, 24 hours per day, except for (i) planned downtime for maintenance and service upgrades and (ii) any unavailability caused by circumstances beyond our reasonable control including Internet or cloud infrastructure service provider failures or delays, denial of service attacks, natural or man-made disasters, floods, fires, civil unrest, acts of terror, labour problems or acts of government. Where possible we will give advance notice of when we intend to suspend or limit use for maintenance and upgrades. Account access to the online Services may be restricted after a 6 month dormancy period.
In order to fully use the Website, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers. The terms governing the features and capabilities of your account and the related fees can be found on the Website.
When you choose to upload documents or data (including any images or text), we do not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and we Claim no intellectual property rights with respect to the Content. You grant to us a non-exclusive, royalty-free right to use the Content for the sole purpose of performing our obligations under these Terms of Use. Such rights shall include permission for us to generate and publish aggregate, anonymized reports on system usage and Content trends.
Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website.
By using our platform to make a payment, you acknowledge and agree to these terms and the service-specific terms provided by RBC Interac E-Transfer and PayPal.
Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from your use of the Website.
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free. In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
You agree to indemnify and hold harmless us , including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
You represent and warrant that:
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.
These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario. If any claim, dispute or controversy occurs between us and you relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either your or us. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against us or our affiliates, officers, directors, shareholders, employees and agents, related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against us otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
You must comply with the following rules when you use the Website:
We welcome your feedback on the Website; however, we will not compensate you for any ideas that you submit to us for changes or improvements to our Website, and you grant us a perpetual, unrestricted, royalty free license to use any ideas that you submit to us, in whole or in part, in any way we choose. For clarity, this includes any ideas submitted to us by anyone using the Website through your Account.
You agree to the use of electronic communications for entering into this Agreement with us, for ordering chargeable Services if applicable, for creating other records and for us to deliver notices and other communications to you. Notices will be sent to the email address for your Account as stated in your Account details on the Website or if none is stated, to the last email address we have for you in our records.
We may contact you by email or otherwise for administrative and transactional purposes and to promote our Services. You may opt out of receiving future general promotional emails from us by using the link provided in any promotional emails that we send to you. You may not opt out of administrative or transaction-related emails, which are not promotional in nature.
a. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.
b. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
d. NO AGENCY
The parties to these Terms of Use are independent contractors and are not partners or agents. We have no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.
e. SEVERABILITY
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
f. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and us and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.
We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: customersuccess@spacesshared.ca
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.
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