UrbanShare.ca

Website Terms of Use

            1.Introduction

The following terms and conditions are the Terms of Use for our website, www.urbanshare.ca, and any applications (including mobile applications) (the “Site”) made available by Urban Share Inc. (“UrbanShare”, “we”, “us” or “our”). The purpose of the Site is to enable persons who register as a member on the Site (“Member”) to borrow and lend certain items and for the entry into lending and borrowing transactions.

The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.

These Terms of Use constitute a legally binding agreement between you and UrbanShare regarding your use of and access to the Site.

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with UrbanShare, unless otherwise agreed to in writing by UrbanShare. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

By using this Site, you represent and warrant that you are at least the age of majority in your province or territory of residence in Canada, or in any event, at least eighteen (18) years of age.

Except where otherwise stated, adherence to the guidelines in Sections 6 and 7 of these Terms of Use is mandatory and any failure to comply with such guidelines will constitute a breach by you of these Terms of Use.

2.Provision of the Site by UrbanShare

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.

You acknowledge and agree that UrbanShare may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at UrbanShare’s sole discretion, without prior notice to you.

You may stop using the Site at any time. You do not need to inform UrbanShare when you stop using the Site or any of its features.

You acknowledge and agree that if UrbanShare disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.

You acknowledge and agree that UrbanShare is acting solely as a third party provider of an online platform that enables transactions to take place between Members and as such is not responsible to any Members in relation to a lending and borrowing transaction or any other party thereto. UrbanShare does not and cannot guarantee that transactions entered into between Members will be completed.

3.Use of the Site by You

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

  • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
  • advocate or encourage any illegal activity;
  • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of UrbanShare or any third party;
  • violate the privacy of any individual, including users of the Site; or
  • violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

Unless you have been specifically permitted to do so in a separate agreement with UrbanShare, you agree that you will not:

  • reproduce, duplicate, copy, sell, trade or resell the Contents or any UrbanShare products and services for any purpose;
  • use or attempt to use the Site for advertising or promotional purposes related to any business you conduct commercially, nor shall you solicit, invite or accept any commercial offers made available via the Site;

You agree that you are solely responsible for (and that UrbanShare has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which UrbanShare may suffer) of any such breach.

4.Membership

In order to access certain products and services on the Site you will be required to register as a Member. As part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to UrbanShare will always be accurate, correct and up to date. You must not register an account on the Site in a name other than a name legally recognised as being your real name. You also agree that you will be the only authorized user of the Site under these Terms of Use and will be solely responsible for the confidentiality of any user name and password supplied by you or provided to you. Should you become aware of any unauthorized use of your username or password with respect to any activity on the Site, you must immediately notify us via email or otherwise in writing. Upon receipt of such notice, we will take reasonable steps to stop any activity using your username or password, but neither UrbanShare, nor any of its respective directors, officers, employees, agents, representatives or affiliates can or will have any responsibility or liability to any person whose claim may arise for any claims with respect to the handling or mishandling of any transaction on the Site resulting from the unauthorized use of your username or password.

In using the Site and operating a Member account, you warrant, represent and undertake that:

  • you will be the only person who will use the Site using your account, and that you will not allow any other person, whether or not acting under your instructions, to use your Account for any reason, and will actively takes steps to prevent any other person to do such, and that in the event any other person uses your Account, you are to be held responsible for any losses and damages caused as a result of that use;
  • you will not use the account of any other person for any purpose;
  • you will not use a Transaction Account (as defined below) that you are not legally entitled to use;
  • you will keep confidential any information you obtain that relates to any other Member, including actual names and addresses of other Members, and will not publish or reproduce such information in any form, including without limitation on the Site, or on any external websites unaffiliated with UrbanShare or in any print medium, without the prior written permission of the relevant Member and UrbanShare;
  • you will not list Items that are “Prohibited Items” as defined in these Terms of Use;
  • you acknowledge that UrbanShare has not and will not verify information provided by other Members on the Site or in relation to transactions carried out by means of the Site and that the UrbanShare does not guarantee that other Members will comply with the Agreement Contract;
  • you acknowledge that UrbanShare is not liable for any breach of these Terms of Use by any other Member or otherwise in relation to transactions carried out by means of the Site; and
  • UrbanShare is not responsible for any losses you incur due to informational or technical errors in the account registration process, and will not be liable for any loss or damage you incur as a result of an unauthorised person using your account, including the use of any personal details you provide in the account registration process.

5.User Submissions

The Site encourages submissions to the Site by its Members. You acknowledge and agree that if you submit any information, including lending listings, images or any other material you make available to the Site, whether by posting, uploading, displaying, performing, transmitting or otherwise, or which you otherwise provide to UrbanShare in respect of your use ofto the Site (“User Content”) you will be solely responsible for such User Content. UrbanShare will not be liable in any way for any such User Content submitted. You further agree that you will not:

  • submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
  • submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
  • submit any User Content which contains a virus or other harmful components;
  • engage in activity that interferes with or disrupts the use of the Site by other users;
  • submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
  • make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; or
  • make use of any User Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.

When submitting ANY User Content in ANY form to the Site, whether it be via message services, events, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Site will:

  • violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
  • be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
  • disparage the products or services of any third party; or
  • contain any personal information (other than your user name).

UrbanShare may, but is under no obligation to, pre-screen, monitor or edit the User Content posted or submitted to the Site. UrbanShare reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding the foregoing, you shall remain solely responsible for any User Content you submit or post.

When participating in any publicly posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. Please notify UrbanShare (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and UrbanShare will take appropriate action. UrbanShare will ensure that any offending comments are removed, and take appropriate action against the offender. UrbanShare will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.

UrbanShare may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. UrbanShare will not be responsible for any User Content deleted by UrbanShare or otherwise, or for your inability to submit any User Content.

You hereby grant UrbanShare a perpetual, royalty-free licence to use, copy, distribute, transmit, publicly display, publicly perform, communicate to the public, reproduce, edit, translate and reformat the User Content in connection with the operation of the Site, except as otherwise limited by the Privacy Policy.

6.Lenders and Borrowers

a.Key Terms

For the purposes of Sections 6 and 7 of these Terms of Use:

  • (a)“Accepted Borrowing Request” means a Borrowing Request which is accepted by the Lender of the Item, as and when confirmed by UrbanShare sending the Borrower confirmation to that effect;
  • (b)“Additional Lending Terms” means any additional terms and conditions agreed between the Lender and Borrower via the Messaging Service or any other communications between the Lender and Borrower in relation to the lending and borrowing of an Item prior to an Accepted Borrowing Request becoming a Confirmed Borrowing Request;
  • (c)“Bond” means an amount equal to twenty percent (20%) of the stated Item Value;
  • (d)“Borrower” means a Member who wishes to borrow an Item by submitting a Borrowing Request;
  • (e)“Borrowing Fee” means the fee (in Canadian Dollars) charged by the Lender, and agreed to be paid by the Borrower in accordance with the corresponding Accepted Borrowing Request;
  • (f)“Borrowing Period” the period for which a Borrower seeks to borrow an Item in accordance with a Borrowing Request, as accepted by the Lender when making an Accepted Borrowing Request;
  • (g)“Borrowing Request” a request submitted by a Borrower to borrow an Item from a Lender in accordance with the procedures on the Site;
  • (h)“Confirmed Transaction” means, after an Accepted Borrowing Request, the Item is timely picked up by the Borrower in accordance with the procedures on the Site, and the Accepted Borrowing Request is not cancelled prior to pick up by the Borrower or Lender.
  • (i)“Item” means the object, thing or article that is made available for borrowing by the Lender on the Site to other Members;
  • (j)“Item Value” means the replacement value of the Item determined by the Lender at the time of the Lending Listing is published;
  • (k)“Guarantee” means the Urban Share $1,000 Guarantee provided by UrbanShare to the Lender, subject to the terms and conditions set out in the Guarantee Policy at www.urbanshare.ca/guarantee;
  • (l)“Lender” means a Member who lists one or more Items through a Lending Listing on the Site with the objective of lending that Item to other Members;
  • (m)“Lending Listing” means the information published by the Lender on the Site regarding an Item that is available for Borrowing Requests, including descriptions, photographs, instructions (including as to use, care, transportation, collection, return and cleaning), details of the Borrowing Fee, the Item Value, and the Bond amount, the dates or times the Item is available to be borrowed, and any other information required to be provided pursuant to these Terms of Use;
  • (n)“Messaging Service” means the messaging service available on the Site which enables communications between Members; and
  • (o)“Service Fee” means $2.50 per Confirmed Transaction, plus 3% of the Borrowing Fee, plus applicable taxes, deducted from the Borrowing Fee and/or Bond, prior to the Borrowing Fee or Bond, as applicable, being deposited into the Lender’s Transaction Account and payable to UrbanShare.

b.Lending Contract

Members acknowledge that a Confirmed Transaction creates a legally binding contract (the “Lending Contract”), between the corresponding Lender and the Borrower immediately upon the occurrence of such Confirmed Transaction pursuant to which:

  • (a)the Lender agrees to lend the relevant Item to the Borrower, and the Borrower agrees to borrow such Item from the Lender, for the Borrowing Period in accordance with these Terms of Use and any Additional Lending Terms which are not inconsistent with these Terms of Use; and
  • (b)such other terms and conditions as are implied by law or which otherwise apply by operation of law are incorporated into each such contract.

In relation to each Lending Contract, the Lender and Borrower acknowledge that the Borrowing Fee, Bond, and Borrowing Period shall be as those terms are contained in the Accepted Borrowing Request and that if both the Lender and the Borrower wish to amend those items, the Lending Contract shall be terminated by mutual agreement and the Borrower may then submit a new Borrowing Request with the amended terms.

In relation to each Lending Contract, the Lender and Borrower must ensure that they agree the time and location for the collection and return of the Item and any Additional Lending Terms as part of Accepted Borrowing Request, and follow the records and prompts of the Messaging Service on the Site.

In entering into a Lending Contract, the Lender and Borrower acknowledge and agree that UrbanShare is not a party to the Lending Contract that arises and each of the Lender and the Borrower hereby release and forever discharge UrbanShare (including its successors and assigns) from any and all claims, damages, liability, loss or costs (including without limitation consequential and indirect loss and damages), relating to the performance under or breach of any Lending Contract by a Member.

Members acknowledge that a Borrowing Request does not bind them to enter into a Lending Contract or any other contract until the Borrowing Request becomes a Confirmed Transaction.

Members acknowledge and agree that in the event of any conflict between these Terms of Use and any Additional Lending Terms, the former will prevail except to the extent that these Terms of Use expressly anticipate that Additional Lending Terms may override specific terms of these Terms of Use.

c.Lender Obligations

Each Lender hereby represents, warrants, acknowledges and agrees, as the context permits, that:

  • (a)It has all necessary right, title, and authority to the deal with each Item as contemplated by these Terms of Use;
  • (b)the Item will be suitable for the purpose for which the Item is reasonably intended to be used and complies with any other description provided in the Lending Listing and in any Additional Lending Terms;
  • (c)it intends and has the ability to commit to accepting a Borrowing Request which does not conflict with the Lending Listing;
  • (d)the information provided in a Lending Listing will be correct at all times, including throughout the Borrowing Period, and the Lending Listing fully and accurately describes the Item, its condition (including any flaws or defects with the Item), operating instructions, safety procedures, risks, limitations, capacity, cleaning and care instructions, requirements as to consumables (including fuel, oil and lubricants), power consumption and any other matter which will materially influence a Member in deciding whether to make a Borrowing Request;
  • (e)it will specify in the Lending Listing the expected condition the Item to be in at the end of the Borrowing Period or upon return from the Borrower, subject to reasonable wear and tear, including without limitation any condition that the Item be cleaned, refilled, restocked, refuelled, recalibrated, repaired or stored, when the Borrower returns the Item;
  • (f)the Borrowing Fee charged by you in the course of making an Item available for Borrowing Requests will be the final rate upon which you agree to enter into a Lending Contract with the Borrower, and any arrangement to increase or decrease the Borrowing Fee outside of the Site after an Accepted Borrowing Request is made will be deemed to violate these Terms of Use;
  • (g)the Bond shall be the first means to recover monies to pay for the repair or replacement of an Item in the event it is damaged during the Borrowing Period;
  • (h)the Item Value must be no more than the amount for which the Item and items in the market place that are substantially similar to the Item in terms of value, branding, specifications, age and condition, would cost to repair or replace should such Item be damaged (other than as a result of reasonable wear and tear) or lost during the Borrowing Period;
  • (i)it is solely the Lender’s responsibility to set an appropriate Item Value and UrbanShare is not liable to the Lender or any other third party as a result of your actions in setting the Item Value;
  • (j)it will apply any amount claimed against the Bond or the Guarantee to the repair or replacement of the Item;
  • (k)the Service Fee will be deducted from the Borrowing Fee by the UrbanShare prior to any transfer of funds to the Lender’s Transaction Account (as defined below);
  • (l)if a Borrowing Request is not accepted or rejected within 24 hours, the Borrowing Request will automatically lapse and the Borrower will be notified that the Borrowing Request is no longer active;
  • (m)in respect of an Accepted Borrowing Request which proceeds to a Confirmed Transaction, you must provide the Item in accordance with these Terms of Service, including the Lending Listing, any Additional Terms and the terms of the Accepted Borrowing Request;
  • (n)an Accepted Borrowing Request entitles UrbanShare to confirm such Accepted Borrowing Request to the Borrower, and unless the Lender or the Borrower has cancelled the Accepted Borrowing Request (to the extent permitted pursuant to these Terms of use), the Lender agree to meet the Borrower immediately prior to the commencement of the Borrowing Period, at the agreed time and location, to enable the Borrower to inspect the Item and to hand over the Item for the duration of the Borrowing Period;
  • (o)in respect of a Confirmed Transaction, the Lender shall not do anything which would prevent the Borrower from having the full benefit of the Item for the Borrowing Period;
  • (p)it is responsible for determining whether any insurance policy it has in respect of an Item will not be vitiated or voided, or whether there will be any other consequences, as a result of entering into a Lending Contract; and
  • (q)if a Borrower doesn’t agree to proceed to a Confirmed Transaction by not picking up the Item, the Lender will immediately notify UrbanShare via the Site by clicking the “Cancel Booking” button.

d.Borrower Obligations

Each Borrower hereby represents, warrants, acknowledges and agrees, as the context permits, that:

  • (a)It has all necessary right, title, and authority to the deal with each Item as contemplated by these Terms of Use;
  • (b)It is fully qualified to use any Item as contemplated by the Lending Listing and pursuant to the Lending Contract and will ensure that any other person permitted to use such Item by the Borrowing, if permitted by the Lending Contract, will also be so qualified;
  • (c)upon making a Borrowing Request, it is deemed to be satisfied that the Item suits the purpose for which it intends to use the Item;
  • (d)at the time of making a Borrowing Request, it intends to and have the ability to commit to such transaction at the commencement of the relevant Borrowing Period and paying the corresponding Borrowing Fee, subject to its right to cancel the Accepted Borrowing Request in accordance with these Terms of Use;
  • (e)it is solely responsible to enquire as to the reasonableness of any Item Value set in Lending Listing and it irrevocably and unconditionally agree to pay the Bond where the Lender claims to have suffered loss or damage as a result of the Borrower’s breach of the Lending Contractor or these Terms of Use;
  • (f)it is solely responsible to arrange with the Lender as to the suitability of the Item for any particular purpose;
  • (g)it agrees to pay the applicable Borrowing Fee to the Lender immediately upon a Confirmed Transaction;
  • (h)upon a Confirmed Transaction, the Borrower agrees to pay the Borrowing Fee, the Service Fee and the Bond to UrbanShare immediately, and agrees that by making such Borrowing Request the Borrower is providing UrbanSahre with irrevocable and unconditional authority to withdraw the Borrowing Fee, the Service Fee and the Bond;
  • (i)it shall pay any or all portion of the Bond, to the extent that the Bond is claimed by the Lender within three hours of the end of the Borrowing Period;
  • (j)it will have adequate funds in its Transaction Account to pay Borrowing Fee, the Service Fee and the Bond to UrbanShare at the time of the Confirmed Transaction;
  • (k)it will ensure that the Item remains under its care and control throughout the Borrowing Period and, unless otherwise agreed with the Lender, will return the Item at the time and location agreed with the Lender on the last day of the Borrowing Period, time being of the essence;
  • (l)it will use the Item with due care and diligence, in accordance with all legal requirements, and having in mind the purpose for which the Item is normally used and any other conditions agreed between it and the Lender in accordance with the Lending Contract and these Terms of Use;
  • (m)it will not cause or permit to be caused any damage to the Item, whether directly or indirectly, subject to reasonable wear and tear, or cause the Item to be destroyed or lost or otherwise irreparably damaged;
  • (n)it will not alter, edit, manipulate or otherwise change the structure, appearance, features, composition or functionality of the Item from the time of the Confirmed Transaction;
  • (o)if it arrives to inspect the Item and finds the Item is not available for the commencement of the Borrowing Period or is unsuitable for the purposes disclosed in the Lending Listing, it will immediately notify UrbanShare on the Site by clicking “Cancel Booking” button;
  • (p)to the extent that an Lender claims all or part of the Bond, the Borrower shall have no claims against the Operator under any circumstances (including without limitation if the Lender does not comply with these Terms of Use in determining whether, or to what extent, to claim the Bond); and
  • (q)if you claim to have returned an Item before the end of the Borrowing Period you acknowledge that you are not entitled to any reduction of the Borrowing Fee.

7.Financial Matters

You acknowledge that UrbanShare shall have the right to impose or vary any fees or charges, including the Service Fee, in relation to the use of the Site, including entering into lending and borrowing transactions with other Members, and you shall be deemed to be on notice of and accept any notifications regarding such fees or charges posted to the Site prior to posting a Lending Listing or making a Borrower Request.

If you are entitled to payment as a result of a transaction via the Site involving another Member, but that Member fails to pay the corresponding amount due to UrbanShare for any reason, you acknowledge and agree that your only recourse shall be aganst such other Member to recover the amount due to you and, in no circumstances will UrbanShare be liable to you or any other party in any respect arising out of the failure by that Member to pay such relevant amount to you or to UrbanShare.

You agree that payments in respect of your use of the Site, whether payments due to be paid by you or to you, may only be made via the approved payment platforms described on the Site from time to time. Furthermore, in order to maintain your Member account status, you agree that:

  • you will register a valid account for processing transactions (a “Transaction Account”) with Stripe, or another financial institution approved by UrbanShare from time to time, to enable UrbanShare to process payments in accordance with these Terms of Use;
  • you will not request that UrbanShare process a transaction on a Transaction Account if you know or have reason to suspect that it will be declined by the issuer of the Transaction Account; and
  • you will enter into transactions through the Site strictly via the stipulated procedures outlined on the Site and in accordance with these Terms of Use, and not otherwise.

UrbanShare is not responsible for any taxes that arise as a result of any transactions between Members, including without limitation income taxes, goods and services taxes, stamp duty and any and all other forms of import, withholding or Federal or Provincial charges. All Members agree that they are responsible for:

  • determining what taxes will result from using the Site; and
  • paying all such taxes as and when they are due.

8.Accepting the Terms of Use and Additional Terms

By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.

UrbanShare reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms and the Privacy Policy are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Statement, the Copyright Statement and any Additional Terms.

9.Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend these Terms of Use.

10.Links to Third-Party Sites

Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of UrbanShare, and UrbanShare is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by UrbanShare of any such website or the products or services offered therein.

11.Privacy and Personal Information

We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account, new products and services, and Site updates. Your personal information will not be released to any third party. The list of Members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of UrbanShare for any reason.

For more information about UrbanShare’s treatment and protection of personal information, please read our privacy policy at www.urbanshare.ca/Privacy. This policy explains how UrbanShare treats your personal information, and protects your privacy, when you use the Site.

Questions or requests with respect to your personal information may be sent via email to contact@urbanshare.ca.

12.Ownership of Intellectual Property Rights

The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of UrbanShare, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with UrbanShare, nothing in these Terms of Use gives you a right to use any of the Contents, UrbanShare’s trade-marks or other intellectual property of UrbanShare. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.

No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of UrbanShare or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of UrbanShare or its owner if UrbanShare is not the owner.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Site without UrbanShare’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray UrbanShare or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Use may be revoked by UrbanShare at any time for any reason whatsoever.

Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. UrbanShare does not control and is not responsible for any of such third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. UrbanShare does not endorse or make any representations about such third party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that UrbanShare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

13.Intellectual Property Infringement

We take intellectual property rights, both our own and others, very seriously.

If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to:

In your written notice, please provide the following information:

  • Identification of the intellectual property claimed to have been infringed;
  • Identification of the Contents that you claim are infringing your intellectual property;
  • Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.Third-Party Information

Any third-party content, data or publications made available through the Site are furnished by UrbanShare on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of UrbanShare. URBANSHARE DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

15.No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, URBANSHARE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
  • YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
  • THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM URBANSHARE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

URBANSHARE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16.Limitation of Liability

SUBJECT TO SECTION 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT URBANSHARE, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR
  • BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;
  • ANY CHANGES WHICH URBANSHARE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
  • YOUR FAILURE TO PROVIDE URBANSHARE WITH ACCURATE ACCOUNT INFORMATION;
  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL

THE LIMITATIONS ON URBANSHARE’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT URBANSHARE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17.Termination

We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

If you want to terminate your account with UrbanShare, you may do so by closing your account, where UrbanShare has made this option available to you. Prior to closing your Member account, you must ensure that you do not have any active rentals or accepted borrowing requests from other Members.

UrbanShare may at any time, terminate your use of the Site if:

  • you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
  • UrbanShare is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
  • the partner with whom UrbanShare offered the services to you has terminated its relationship with UrbanShare or ceased to offer the services to you;
  • UrbanShare is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
  • the provision of the Site to you by UrbanShare is, in UrbanShare’s opinion, no longer commercially viable.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and UrbanShare have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

18.Indemnification

You agree to indemnify, defend, and hold harmless UrbanShare and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

19.General

These Terms of Use, together with any Additional Terms and the Privacy Policy constitute the entire agreement between you and UrbanShare relating to your use and our provision of the Site.

You agree that UrbanShare may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if UrbanShare does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which UrbanShare has the benefit of under any applicable law), this will not be taken to be a formal waiver of UrbanShare’s rights and that those rights or remedies will still be available to UrbanShare.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of British Columbia and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles. No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.

20.Obtaining UrbanShare's Consent

To request the consent of UrbanShare for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to contact@urbanshare.ca. UrbanShare reserves the right to refuse any such requests in its sole discretion.