Terms of Service
Please read these terms and conditions of service carefully before using this website.
The Terms of Services set out below (“Terms”) are a legal contract between you and Spacefy Inc. (“Spacefy”, “we”, “us”, or “our”) regarding your use of the websites located at www.spacefy.it, www.spacefy.co, www.spacefy.ca, and www.spacefyit.com (“Sites”), the application for mobile and web enabled devices (“Application”), Spacefy's online listing platform for commercial, residential, creative and artistic spaces (“Spaces”) and related technologies associated with and services available via the Sites (collectively, “Services”).
Spacefy is a conduit that allows those looking to rent Spaces to connect with those offering to rent Spaces for commercial, creative and artistic purposes. As detailed below, Spacefy does not monitor, vet or conduct any due diligence on the Spaces or on those looking to rent or those offering to rent Spaces. Spacefy will not be liable for any loss or damage arising from or connected to your use of the Services.
The text in the right column gives you a plain English summary of these Terms. Please ensure you read the main text in the left column, as the plain English summary on the right is just a summary, doesn’t capture all of the terms, and is not legally binding.
These terms and conditions were last updated on January 3, 2016.
1 : Description of Services
In these Terms, we use the following defined terms:
“End User”: a person or company who completes the Spacefy account registration process for the purpose of leasing or reserving a space for business or personal use, or that purchases from a Space Owner (defined below) any other products or services offered through Spacefy.
“Space Owner”: a person or company who completes the Spacefy account registration process for the purpose of offering spaces to End Users (defined above) to lease or reserve for business or personal use, or that offers through Spacefy any other products or services to End Users, as described under “Eligibility and Account Registration” below.
“You” or “your”: Space Owners and/or End-Users.
“Content”: text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
“End User Content”: all Content that an End User posts, uploads, publishes, submits or transmits to be made available through the Services.
“Space Owner Content”: all Content that a Space Owner posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, Listings.
“Spacefy Content”: all Content that Spacefy makes available through the Services, including any Content licensed from a third party, but excluding End User Content and Space Owner Content.
“Site Content”: End User Content, Space Owner Content and Spacefy Content.
Spacefy provides an online platform through which Space Owners may list spaces and End Users may learn about and book the Spaces, as well as any accompanying amenity services or equipment for a Space. You understand and agree that Spacefy's services bring Space Owners and End Users together; however, Spacefy is not a party to any communications and/or agreements entered into between Space Owners and End Users. Spacefy is also not a real estate or insurance broker or agent. As a result, Spacefy has no control over the conduct of End Users or Space Owners in their use of the Services or Spaces featured through the Services, and disclaims all liability in this regard, as set out in detail further below.
Spacefy brings together people looking to rent space and people looking to rent their space and any accompanying services or equipment for commercial, residential, creative and artistic purposes. But we do not get involved in your plans to rent a space and assume no responsibility for your renting or rental of spaces.
2 : Agreement
By using the Sites or the Application, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to all the Terms, do not use our Services. If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in that case, "you" and "your" will refer and apply to that company or other legal entity. Notwithstanding the foregoing, the representation that you have the authority to bind the company or other legal entity shall be enforceable against you personally.
We reserve the right to change the Terms at any time and without prior notice. Please review these Terms periodically for changes. Your continued use of the Sites or Application after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, we will make reasonable effort to provide notice to you of such amended Terms, such as by posting a notice on one of the Sites, and such amended Terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after we make reasonable attempts to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
Different aspects of the Services and your access to or use of certain Services or Content (defined below) may have additional terms and conditions and may require you to agree with and accept those additional terms and conditions. The additional terms and conditions will govern that aspect of the Services or Content in the event of any conflict or ambiguity with these Terms.
By using Spacefy, you are agreeing to these Terms. We can change these Terms at any time. Though we’ll try to let you know when the Terms change, we’re not obligated to do so. Additional rules may apply to different areas of our services, in which case, those rules will apply to that aspect of our services.
3 : Eligibility and Account Registration
To either create a Listing or rent a space, you must first create an account with Spacefy as a Space Owner or End User. To create an account, you must be at least the age of majority in your state, province or territory of residence. By accessing or using the Services, you represent and warrant that you are at least the age of majority in your state, province or territory of residence.
When you create an account, you can register either using your account for a social networking service (“SNS”) we support (e.g. Facebook) or directly through the Site using your email address. If registering using your SNS account, you allow Spacefy to access your SNS account information for the purposes of creating a Spacefy account and you agree to abide by the applicable terms and conditions of that SNS in your use of the Services through that SNS. If registering using your email address, we require: (i) your email address, (ii) first and last name, and (iii) your password.
You will be required to provide or will be assigned a password and a username upon registering with Spacefy. You are responsible for maintaining the confidentiality of the password and your username, and are solely responsible for all activities that occur under your account. You agree to (i) immediately notify Spacefy of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Spacefy will not be liable for any loss or damage arising from your failure to comply with this provision.
Spacefy accounts may not be shared by more than one person without Spacefy’s prior written consent.
You can sign up to use Spacefy using a supported social media account or directly with our site. You agree to keep your password a secret and let us know ASAP if you account has or could be compromised. To use Spacefy, you have to be the age of majority in your state, province or territory.
4 : SPACE OWNERS: Listing a Space
As a Space Owner, you can list your Space via the Services. During the listing process, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space, and pricing and related financial terms A Space listed though the Services is referred to herein as a “Listing” and such Listing will be made publicly available via the Services. In the event that you create and/or modify a Listing with the assistance of a Spacefy representative, you understand and agree that any assistance provided by Spacefy is performed on your behalf, at your direction, and that you are responsible for any and all information contained in your Listings.
You agree to keep the information in your Listing up to date. For example, if the availability of your Space changes and the Space is no longer available for a specific date or time, you agree to update your Listing accordingly. Spacefy reserves the right, at any time and without prior notice, to remove or disable access to any Listing that it, at its sole and absolute discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to it or the Services.
You agree to respond to inquiries from Spacefy and from End Users regarding your Space within twenty-four (24) hours of receipt of (i) such inquiry, and (ii) requests for quotes for Space Booking Fees (defined below). You understand and agree that (i) once a quote for the Space Booking Fee is communicated to an End User, the Space Booking Fee for such booking may not be altered; (ii) after a booking has been confirmed, you are responsible for honoring the booking in accordance with the terms and conditions included in such confirmation and any agreement, oral or written, you have entered into with the applicable End User.
If you want to list your Space, you have to provide us with certain information and keep that information up to date. You also have to respond to inquiries from either us or End Users within 24 hours. Once you tell an End User the amount to rent your Space, you cannot change it. Once your Space has been booked, you are responsible for upholding your end of the bargain, not Spacefy.
5 : Agreements between Space Owner and End User
Any transaction between a Space Owner and an End User entered into as a result of the Services, whether oral or written, is between Space Owner and the End User, and Spacefy is not a party thereto. Both Space Owner and End User acknowledge and agree that each are responsible for performing the obligations of any such agreement, not Spacefy, and Spacefy disclaims all liability arising from or related to any such agreement, including but not limited to, the cancellation of bookings, any changes to a Listing, or any disputes between a Space Owner and an End User. Both Space Owner and End User agree and acknowledge that Spacefy does not own, sell, resell, furnish, provide, rent, re-rent, manage, host, insure and/or control Spaces or any other properties, Spacefy is not an agent for either Space Owner or the End User, and Spacefy’s role is solely to facilitate the availability of the Services for Space Owners and End Users.
We are happy to put Space Owners and End Users in touch, but we are not part of your agreements to rent or use Spaces. You are both responsible for carrying out the agreements to rent and use Spaces.
6 : Bookings and Financial Terms
The booking of Spaces and the related financial terms are negotiated directly between Space Owner and End User, not through Spacefy. A Space Owner lists a Space through the Services for free, and advertises the desired rental amount for the Space (“Space Booking Fee”). We charge both End Users and Space Owners a commission fee per booking as follows. When an End User books a Space using the Services, Spacefy will charge the End User the Space Booking Fee plus a commission fee of 7.5% of the Space Booking Fee. Spacefy holds the Space Booking Fee and commission fee in trust until 24 hours after the booking completes, wherein the rental amount is then transferred to the Space Owner less another 7.5% of the Space Booking Fee. For example, if the Space Booking Fee is $100, we will charge an End User $107.50. Twenty-four hours after the booking, we transfer $92.50 to the Space Owner.
Cancellations of Bookings
All cancellations of bookings shall be communicated directly between Space Owner and End User. Space Owners shall publish their cancellation policies in their Listing, and Space Owners agree and warrant to End Users that only the cancellation policies published on its Listing will be enforced. End Users are encouraged to inquire about Space Owners’ cancellation polices prior to booking.
Spacefy has no role or involvement in the cancellation of bookings. Spacefy will not be liable to either Space Owner or End User for any cancelled booking.
You guys negotiate the financial details of the Space Booking Fee and rules for cancellation. We just charge each of you (i.e. Space Owner and End User) a commission fee based on the Space Booking Fee for the use of our services.
7 : Insurance
Space Owner and End User understand and agree that it is Space Owner’s sole responsibility to obtain any insurance required by law or otherwise related to the Space, or any Listings or bookings made through the Services. Spacefy recommends that Space Owners obtain appropriate insurance for their Spaces and review the policies carefully to confirm that Space Owners understand its terms (e.g. what exclusions and deductibles apply).
You are responsible for getting the appropriate insurance to rent or use Spaces, not Spacefy.
8 : Compliance with Law
Each Space Owner represents, warrants and undertakes that any Listing you post and the booking of, or an End User’s use of, a Space: (a) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements; (b) will be in compliance with all applicable laws (such as zoning laws and laws governing rentals of commercial, residential and other properties), tax requirements, and rules and regulations that may apply to any Space included in a Listing (including having and maintaining all required permits, licenses and registrations); and (c) not conflict with the rights of third parties.
Spacefy assumes no responsibility for a Space Owner’s compliance with any agreements with or obligations to third parties, or applicable laws, rules and regulations.
Space Owners promise that renting out their Space and End User’s use of the Space will not violate any agreements with others or any laws or regulations.
9 : Content on Spacefy
Intellectual property laws protect the Services and Spacefy Content. Except as expressly provided in these Terms, Spacefy and its licensors own all rights in the Services and Spacefy Content. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Site Content. Each End User and Space Owner agrees that you have no right to, or title in or to, any Spacefy Content.
Subject to your compliance with these Terms and provided you keep all copyright and other proprietary notices intact, Spacefy grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to: (a) access, view, download and print any Spacefy Content solely for your personal and non-commercial purposes or your internal business purposes; and (b) access and view any End User Content and Space Owner Content solely for your personal and internal business purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or grant of intellectual property rights owned or controlled by Spacefy or its licensors.
We permit End Users and Space Owners to post, upload, publish, submit or transmit End User and Space Owner Content, respectively. By making available any End User and Space Owner Content through the Services, you hereby: (a) grant to Spacefy a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, publish, display, produce, reproduce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, dispose of, modify for formatting purposes or compliance with these Terms, transmit, stream, broadcast, access, view, and otherwise exploit such End User and Space Owner Content, in whole or in part, in any way and all media worldwide in connection with the Services, including for promotional, marketing, and advertising purposes, directly or indirectly by intermediaries, and to authorize others to do the same; (b) irrevocably waive in favour of Spacefy, its affiliates (including, without limitation, any parent, sister and subsidiary companies), successors and assigns, any and all moral rights you may have in the End User and Space Owner Content.
Each End User and Space Owner agrees that they are solely responsible for all End User and Space Owner Content, as applicable. Each End User and Space Owner represents, warrants and undertakes to Spacefy that: (a) you own the End User and Space Owner Content, respectively, provided through the Services, and (b) you have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Spacefy the non-exclusive license, above. You also represent, warrant and undertake to Spacefy that the End User and Space Owner Content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Space Owner further represents, warrants and undertakes that it will not post any images with any third-party trademarks or names (credits, third-party names, etc.), aside from permanent signage at the Space, or any identifiable third parties, including minors. Space Owner authorizes Spacefy to alter any images so that they are in compliance with these Terms, as above; however, Spacefy is under no obligation to do so and the failure of Spacefy to do so shall not relieve Space Owner of any liability related to the posting of images in violation of these Terms
Spacefy bears no responsibility or liability for any information or Content posted or transmitted by End Users or Space Owners, including, without limitation, any material publicly or privately transmitted or posted through the online forums or Spacefy’s messaging platform.
While Spacefy is under no obligation to do so, Spacefy may monitor the Sites and Application periodically for inappropriate content, including, without limitation, comments and usernames, as well as to respond to any questions or requests that may come through the Sites and Application, for example, a request to cancel a user account that is sent through the online forums or the social platform. Spacefy reserves the right, at any time and without prior notice, to remove or disable any content that it, in its sole and absolute discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to it or the Services. Spacefy reserves the right, without obligation, to moderate disputes between Space Owners and End Users, and may consider and rely on communications between Space Owners and End Users on our Sites and Application when doing so.
All Spacefy Content is protected by intellectual property laws and there are rules about how you use content on Spacefy. Other than using Spacefy Content for your own personal, non-commercial uses only, we do not give you permission to copy, distribute, etc. Spacefy Content. When you post, upload, publish, submit or transmit content (e.g. listings, comments, reviews, etc.), you give us (or our agents) permission to use that content in connection with Spacefy’s services, including promotional, marketing and advertising purposes. You promise that any content you post, upload, publish, submit or transmit does not infringe others’ rights or contain images with any third-party trademarks or names or any identifiable third parties, including minors.
10 : User Conduct
Our Services may be used and accessed for lawful purposes only. You agree that you will not do anything to compromise the Services or Spacefy, including, but not limited to:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Sites, or any individual element within the Sites, Spacefy’s name, any Spacefy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Spacefy’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Spacefy’s computer systems, or the technical delivery systems of Spacefy’s providers;
- Attempt to probe, scan, or test the vulnerability of any Spacefy system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spacefy or any of Spacefy’s providers or any other third party (including another Space Owner or End User) to protect the Services or Site Content;
- Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including, but not limited to, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Spacefy or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Spacefy trademark, logo URL or product name without Spacefy’s express written consent;
- Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
- Interfere with, or attempt to interfere with, the access of any Space Owner, End User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other Space Owners or End Users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Encourage or enable any other individual to do any of the foregoing.
Any attempt to carry out the actions above or otherwise damage the Services or to undermine the legitimate operation of the Services may be a violation of criminal and/or civil laws. Should any attempt be made, Spacefy reserves the right to investigate and seek remedies and damages to prosecute violations of any of the above to the fullest extent of the law and to ban the user from use of the Services.
Please behave yourself when using our services. These are examples of things you definitely CANNOT do when using Spacefy’s services.
11 : Links to Third Party Sites
The Services may include links to other websites that are not operated by us. These sites are not monitored, investigated or checked for accuracy or appropriateness, and Spacefy is not responsible for any of their content. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our websites and apps may have links to other websites. We don’t vet these sites or links and aren’t responsible for what you find there.
12 : Modifications to the Services and Termination
Spacefy, in its sole and absolute discretion, may change, add, delete, restrict or discontinue any or all parts of the Services, including your access to or use of the Services or any Site Content, at any time, without notice to you. You acknowledge and agree that any modification of your access to, or use of, the Services may be effected without prior individual notice or liability. In the event that the website is permanently discontinued, Spacefy’s liability is limited to rental fees paid.
Spacefy, in its sole and absolute discretion, shall have the right to revoke your privileges to use all or a portion of the Services or take any other appropriate measures to enforce these Terms. For example, if you breach any of these Terms, we may suspend, cancel or disable your access to or use of the Services, or deactivate or delete your account. In the event Spacefy cancels or disables your access to the Services or deactivates or deletes your account for a breach, you will remain liable for all amounts due hereunder. Subject to these Terms, you may cancel your account at any time by sending an email to firstname.lastname@example.org.
We can change or discontinue our services at any time without letting you know beforehand. We can also change or revoke your privileges to some or all of our services, such as if you break one of these terms. If your access to our services is terminated, you still have to pay us any amount owing to us (e.g. we will still charge you the commission fee if your account is terminated “mid-booking”).
13 : No Endorsement
Spacefy does not endorse any End Users, Space Owners, or Listings or Spaces. Sometimes, Spacefy will feature Space Owners, End Users and/or Spaces around the Sites, on one of our blogs, on social media and in other articles. However, this is not and should be taken as an endorsement by Spacefy. In addition, Spacefy does not confirm any End User’s or Space Owner’s purported identity. You are responsible for all communications and interactions with other persons with whom you communicate or interact as a result of your use of the Services, including, but not limited to, any End Users who make bookings of Spaces you own or control or any Space Owners who you contact to book a Space.
You understand and acknowledge that Spacefy does not screen or inquire into the background of any Space Owners or End Users, nor does Spacefy make any attempt to verify the statements of Space Owners or End Users. Spacefy makes no representations, conditions, guarantees or warranties, express or implied, as to the conduct of Space Owners or End Users. You agree to take, and will be responsible for taking, reasonable precautions in all communications and interactions with Space Owners and End Users, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person.
As an End User, you are responsible for leaving the Space in the condition it was in when you arrived. By using the Services, Space Owners and End Users agree that any legal remedy or liability that you seek to obtain for actions or omissions of End Users, Space Owners or other third parties will be limited to a claim against the particular End Users, Space Owners or other third parties who caused you harm. Spacefy has no role or involvement in such claims, and will not be responsible or liable for any claims of damage arising from or connected to your interactions with other Space Owners or End Users.
We do not endorse any of our users, nor do we vet or screen them, their Spaces or their statements about the spaces. We can only advise that you both need to take the necessary precautions when dealing with each other.
14 : Disclaimer
You understand and agree that the Services are provided to you “as is” and “as available” without any representation, guarantee, warranty or condition of any kind, either express or implied, including, but not limited to, the implied representations, conditions and warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement. Without limiting the foregoing, Spacefy explicitly disclaims any implied representations, conditions and warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement.
Spacefy makes no representation, condition, guarantee or warranty, express or implied, that: (i) the Services, including the Site Content, will meet your requirements; (ii) your access to and use of the Services will be uninterrupted, secure, or error-free; and (iii) the Sites or the server that makes them available are free of viruses or other harmful components. Spacefy makes no representation, condition, guarantee or warranty, express or implied, regarding the quality of the Services or Site Content, or their accuracy, timeliness, truthfulness, completeness or reliability.
With our Services, you get what you see. We are not making any promises or guarantees whatsoever, including any promises or guarantees that our services will work for you, that the service will be uninterrupted, or that they will be of a quality that you anticipate.
15 : Release and Limitation of Liability
Your use of the Services is at your sole risk, and you assume full responsibility for any costs associated with your use of the Services. You agree and acknowledge that Spacefy and its affiliates (including, without limitation, any parent, sister and subsidiary companies), contractors and suppliers of services related to the Services, and all of their respective, employees, directors, officers, shareholders, agents, partners, licensors, licensees, successors and assigns (collectively, “Releasees”) will not be liable for any damages arising out of or in connection with your use of (or inability to use) the Services, or any website linked from the Sites or Application.
Without limiting the generality of the foregoing, you expressly understand and agree that Releasees shall not be liable for any direct, indirect, incidental, special, compensatory, consequential or exemplary damages, including but not limited to, property damages, damages for loss of profits, goodwill, use, data or other intangible losses, or damages for personal or bodily injury or emotional distress, whether based on warranty, contract, tort (including negligence and gross negligence), product liability, privacy, intellectual property or any other legal claim (even if Spacefy has been advised of the possibility of such damages), resulting from or in connection to: (i) the use or the inability to use the Services, including, without limitation, interruptions in access to and use of the Services, the Site Content and any functions contained on the Sites or Application; (ii) any communications, interactions or meetings with Space Owners, End Users and/or other persons with whom you communicate or interact as a result of your use of the Services, including any potential violations of privacy law; (iii) use of a Space where a booking was made through the Services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the website; or (vi) any other matter relating to the Services.
In no event will the Releasees’ total liability to you for all damages, losses, and causes of action arising out of or relating to the Terms, your use of the Services, your use of any Space, or your interaction with Space Owners, End Users and/or other persons with whom you communicate or interact (whether in contract, tort including negligence and gross negligence, product liability, warranty, privacy, intellectual property or otherwise), exceed the amount paid by you, if any, for using the Services in the twelve (12) month period immediately preceding the claim or action, or one hundred dollars ($100 CAD), if there are no service fees relating to or associated with Space Owner’s Space.
Notwithstanding anything to the contrary herein, if you have given Spacefy notice of a Dispute (defined below) under the section called “How Disputes Will be Handled” (below), no change to the “Limitation of Liability” section after Spacefy received your notice will apply to the Dispute.
You are using our services at your own risk and are taking on all responsibility, including legal responsibility, for doing so. Spacefy, the people it works with and employ, etc. will not be liable, including for any damages, if anything goes awry as a result of or in relation to your use (or attempted use) of our Services. This includes if anything goes awry in your interactions with other users.
16 : Indemnity
You agree to indemnify and hold harmless Releasees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, made by any third party due to, arising out of, or in connection with: (a) your access to or use of the Services or Site Content; (b) your violation of these Terms; (c) your Space Owner Content or End User Content, as applicable; (d) your interaction with any Space Owner or End User, as applicable, including, but not limited to, (i) any condition caused by events beyond Spacefy’s control that may cause damage to a Space Owner’s Space or business; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of an Owner’s Space, or an Space Owner’s Listing of a Space via the Services, whether based on warranty, contract, tort (including negligence and gross negligence), product liability, privacy, intellectual property or any other legal claim; and (e) your violation of any rights of a third party, including, but not limited to intellectual property or privacy rights.
If someone sues us over something you did while using or attempting to use our services, you agree to step up, and pay us back for any damages and costs incurred.
18 : How Disputes Will Be Handled
You agree to contact Spacefy directly to give us the opportunity to resolve any and all Disputes first. If Disputes cannot be resolved informally, then Spacefy and you agree to use a mutually agreed upon professional mediator and convene, either in person or by conference call, with the mediator for at least one session.
The costs of any mediator, hearing rooms and other common costs will be divided equally among the parties. Each party will bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorney fees and costs of witnesses).
Except where prohibited by law, you waive any right to commence or participate in any class action against us, and agree to resolve any and all Disputes individually.
Further, unless both you and Spacefy agree otherwise in writing, the mediator or, if applicable, court hearing the matter may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these Terms.
Notwithstanding anything to the contrary herein, if you have given Spacefy notice of a Dispute under this section, no change to this section after Spacefy received your notice will apply to the Dispute.
There’s no need to go to the mattresses if there’s a misunderstanding with us. Please come to us first with any issues.
19 : Jurisdiction and Governing Law
These Terms are void where prohibited by law and subject to all applicable laws and regulations. To the extent permitted by law, any dispute arising from these Terms or your use of the Services will be determined according to the laws of the Province of Ontario and the federal laws of Canada, without reference to its conflict of law principles. By accessing the Sites or the Application or using the Services, you consent to the personal jurisdiction of the courts located in Toronto, Ontario and agree that such courts have exclusive jurisdiction over all such disputes.
The laws of Ontario and Canada apply and govern these Terms and all matters and disputes will be heard in the courts in Toronto, Ontario.
20 : Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Spacefy and you, and supersede and replace any and all prior oral or written understandings or agreements between Spacefy and you regarding the Services, the Site Content, and any Listings and bookings made through the Services.
These Terms trump any other agreements or understandings you previously had in place with us.
21 : Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Spacefy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Spacefy may assign or transfer these Terms, at its sole and absolute discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You cannot transfer your obligations under these Terms to anyone else. If we need to, Spacefy may transfer its obligations under these Terms to others. At any rate, the Terms bind you, us and/or any successors and parties permitted to have the terms transferred to it.
22 : Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Spacefy, as determined by Spacefy in its sole and absolute discretion, (i) via email (to the address you provide on registration) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you need to communicate or give notice to us and we need to communicate or give notice to you, it will be in writing through email or by a public notice on one of our websites or applications.
23 : General
The failure of Spacefy to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Spacefy.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, it shall be severed and the remaining portions shall remain in full force without being invalidated in any way.
The exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including without limitation sections 14-20.
Some general points. If we don’t enforce on a right in these Terms, it doesn’t mean we won’t enforce on it in the future. If a court holds any part of these Terms to be invalid or not enforceable, it will be like that particular part is cut out of the terms and the remaining Terms will continue to apply. If either of us enforce any rights under these Terms, we still have the ability to enforce on other rights under the Terms. Finally, if you end your relationship with us, certain parts of this agreement will continue to apply.
24 : Feedback
Please send us any questions or feedback, comments and suggestions for improvements (“Feedback”) by email to info@Spacefy.it. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, publish, display, produce, reproduce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, dispose of, modify for formatting purposes or compliance with these Terms, transmit, stream, broadcast, access, view, and otherwise exploit the Feedback, in whole or in part, in any way and for any purpose, and you irrevocably waive in favour of Spacefy its affiliates (including, without limitation, any parent, sister and subsidiary companies), successors and assigns, any and all moral rights you may have in the Feedback.