PIQQSPACE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS THEY RELATE TO YOUR USE OF THE WWW.PIQQSPACE.COM WEBSITE (THE “WEBSITE”) AND THE PIQQSPACE SERVICES (THE “SERVICES”) OFFERED THROUGH THE WEBSITE. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, PRIOR TO ENGAGING THE SERVICES, SPACE OWNERS (AS DEFINED BELOW) SHOULD UNDERSTAND HOW RENTAL LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITY BY-LAWS RESTRICT THEIR ABILITY TO SPACE OWNER PAYING SPACE SEEKERS FOR SHORT PERIODS OF TIME. IT IS A SPACE OWNER’S SOLE RESPONSIBILITY TO REVIEW ALL APPLICABLE LOCAL LAWS AND THE RESTRICTIONS OF THEIR INSURANCE POLICIES BEFORE LISTING A SPACE ON PIQQSPACE.
OBLIGATION OF DISCLOSURE.
Please note that you must be truthful while creating your profile and answering our questions. You must tell us anything that a reasonable person in your situation could be expected to know.
1. Acceptance of terms
- These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”, the “Space Owner” or the “Space Seeker”) and PIQQSPACE INC. (“PIQQSPACE”), whose registered company number is BC1108373 (“we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.
- By clicking “I ACCEPT”, you register as a user of PIQQSPACE (“User”) and you enter a legally binding agreement with PIQQSPACE on the following terms. You authorize that you have full legal capacity to enter into this agreement. If you do not accept all the Terms and Conditions, you must not use or access the Website.
- Space owners are not common carriers, and do not accept any liability as such. Subject to any agreed Storage Contract, all Spacer Owners reserve the right to refuse to quote for the transit and storage of any goods or class of goods, or for any particular individual.
- PIQQSPACE is not responsible for the packing, pickup, transit, storage, or delivery of any goods. PIQQSPACE provides the PIQQSPACE Platform to facilitate such deals between our Users.
- PIQQSPACE reserves the right to amend these Terms and Conditions any time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Website.
- If you do not accept all these terms you must not access or use this Website or the Services. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Website. If you consider any future revisions/modifications made to these terms to be unacceptable, you must stop accessing and using the Website and services. If you continue to access or use the Website or services after any revisions/modifications are posted, you will be deemed to have accepted those revisions/modifications
2. Defined terms
- PIQQSPACE Platform means the online platform,
- Grace Period means a period from the time of a Confirmed Booking till 24 hours until move-in during which a Space Owner or a Space Seeker may cancel the booking without penalty (excluding the payment processor fees).
- Listing means a post on PIQQSPACE Platform making offers or inviting quotes for the storage of Specified Goods.
- Quote means a response to a Listing, being a legally binding offer to form a Storage Contract identifying all applicable issues (all service inclusions such as storage, Storage Premises, Contract Price, etc.).
- Liability means any loss, damage, cost, liability (whether actual or prospective) and expense of any description, including legal fees on a solicitor and own client basis, arising from any action, inaction, claim or legal action however interpreted.
- Storage Premises means any premises a Space Owner entitles or uses for the storage of the Specified Goods, as advertised in a Quote, or agreed in a Storage Contract (subject to agreed variations under clause 10).
- Minimum Storage Premises Standards means the minimum standards required of a Storage Premises, as specified in Appendix B, and as varied by notice as deemed necessary.
- Contract Price or Rental Fee means the total price payable by the Space Seeker, and includes the Spacer Owner Fee + any fees retained as PIQQSPACE Commission.
- Servicesrefer to any offering on the Website as well as any and all marketing channels where Collective Content may be disseminated in PIQQSPACE’s sole discretion.
- Space Seeker means a PIQQSPACE user who wishes to store specified goods belonging to them or under their possession by paying the contract price.
- Storage Contract means a contract for services formed between a Spacer Owner and Space Seeker upon the Space Seeker’s acceptance of a Quote.
- Space Owner Fee means the fees specified by the Space Owner for their services.
- Specified Goods means the goods to be stored and transported as specified in the Listing or agreed in a Storage Contract (subject to agreed variations under clause 10)
- Storage Duration means the period of storage (including but not limited by pickup and delivery) agreed between the Space Seeker and Spacer Owner.
- Space Owner means a PIQQSPACE user advertising through our platform to offer storage and optionally pickup and delivery services for the Space Seeker.
- PIQQSPACE Commission or Service Fee means the fee paid to PIQQSPACE calculated as 10% (excluding GST) of the Space Owner Fee.
- Space Owner Guarantee Contribution means the contribution deducted from Space Owner Fee calculated as 10% (excluding GST) of the Space Owner Fee. Introductory offer of 0% Space Owner guarantee contribution until 31 December 2017.
- Prohibited Goods or Services means those goods and services prohibited by PIQQSPACE as specified in Appendix A, and as varied by notice from time to time.
3. Platform limitations and prohibited activities
3.1. Usage Boundaries
- You acknowledge and agree that, by accessing or using the Website, or services or by downloading or posting any content from or on the Website, via the Website or services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Website. If you do not agree to these terms, then you should not access or use the Website, services, or collective content.
- You must not use the PIQQSPACE Platform or any information published on it to:
- distribute any content in violation of any third party intellectual property rights;
- spam or send any unsolicited communication to any other User of PIQQSPACE;
- distribute or link to any malware, virus or computer program with the effect of disrupting or damaging any system, or bypassing any security measure;
- scrape, index, copy or republish any content on PIQQSPACE;
- modify any other User’s listed, pending, or completed Listing;
- breach any publicity, privacy or other civil right of any third party; or
- breach any applicable law or regulation.
- manipulate or circumvent the fees for any Listing;
- defame, abuse, harass, stalk, threaten or otherwise cause offence to any person;
- communicate, publish or distribute any material that is unlawful, obscene, indecent, inappropriate, offensive or defamatory;
3.2. General Restrictions
- You understand and agree that you are solely responsible for complying with any and all laws, rules, regulations, and any applicable Tax obligations for your use of the Website, Services and Collective Content. In using the Website, Services and Collective Content, you may not and you agree that you will not: advocate, encourage, or assist any third party in doing any of the Prohibited Activities. PIQQSPACE reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
- We do not warrant that PIQQSPACE will be uninterrupted, error free, lag free or fit for any specific purpose.
- You must not create, use or distribute any device or software that interacts with PIQQSPACE without our prior written permission.
- We are not responsible for any flaws or delays to PIQQSPACE caused by the impact, delay, action or inaction of any third party.
- You are solely responsible for flaws in your device, data, equipment, software or network.
4. Accounts for PiQQSPACE users
4.1. General Rights and Restrictions for PIQQSPACE User Accounts
- You are responsible for all activity on the PIQQSPACE Platform using your authentication details.
- You are warrant that all registration information provided is complete, current and accurate.
- When you create a user account, we require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 7 days (for example, changing your name or contact address).
- PIQQSPACE does not recommend or endorse any Space Owner, Space Seeker, or Listing. Please take care before entering a Storage Contract, as you do so at your own risk.
- You are responsible for maintaining the confidentiality, security and integrity of your authentication details, and must not disclose them to anyone. If you are concerned that your account has been compromised, please contact team@PIQQSPACE.com.
- Registration with the Website requires the Space Owner or Space Seeker to either log in via Facebook or supply your name, an email address and a password.
- When you create a user account, we require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 7 days (for example, changing your name or contact address).
- You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under PIQQSPACE account, whether or not you have authorized such activities or action you will immediately notify us of any unauthorized use of your PIQQSPACE account.
- Each Listing by a Space Owner is an offer to enter a legally binding Storage Contract with the Space Seeker. If the Space Seeker indicates through the website that the proposed terms of the Listing are accepted, the Space Owner will receive by email the booking request, to which he must respond within 48 hours. In the absence of response, the request is considered rejected. If he accepts the reservation, the Storage Contract is confirmed and the first rental fee installment is charged from the Space Seeker.
4.2. Forbidden Use
- PIQQSPACE must not under any circumstances be used in connection with any Prohibited Goods or Services. By making a Listing, submitting or accepting a Quote and entering a Storage Contract, you warrant and represent that you are all Specified Goods and services you offer or accept are not Prohibited Goods or Services.
- Space Owners
- You warrant and represent in relation to any Storage Premises:
- each of the Storage Premises comply with the Minimum Storage Premises Standards;
- use of the Storage Premises in connection with the services does not breach any state or federal law;
- all information you provide to PIQQSPACE about the Storage Premises is complete, current and accurate;
- if the Storage Premises becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable.
- Spacer Owners are exclusively responsible for, and release PIQQSPACE from any Liability related to:
- All Duty of Care obligations in connection with the Storage Premises;
- The Spacer Owner’s taxation, accounting and reporting requirements in connection with any earnings received for their services – PIQQSPACE recommends that you seek qualified taxation advice specific to your individual situations;
- The Spacer Owner’s compliance with any lease, body corporate rules, or any other obligations specific to the Storage Premises; and
- The Spacer Owner’s compliance with all applicable zoning regulations, council rules, or any other applicable laws, regulations or by-laws applicable to the Storage Premises;
- The Spacer Owner’s compliance with all road and/or maritime transit rules during transit of the Specified Goods;
- The Spacer Owner’s comprehensive home or office insurance with respect to the Storage Premises respectively.
- You warrant and represent in relation to any Storage Premises:
- You agree that all transaction fees collected from Space Seekers for services provided by you transacted on the PIQQSPACE platform will incur a Service Fee of 10% (excluding GST), which will be deducted from the agreed fee and paid to PIQQSPACE before remitting the Space Owner Fee.
- Nothing in this agreement is intended to establish an employment, agency or partnership relationship between PIQQSPACE and the Spacer Owner.
- Space Seekers
- PIQQSPACE must not be used for any Prohibited Goods or Services. By making a Listing, you warrant and represent that you are not seeking storage or transport of Prohibited Goods.
- Space Seekers are exclusively responsible for, and release PIQQSPACE from any Liability related to:
- The Space Seeker’s taxation, accounting and reporting obligations in connection with any earnings received for their services – PIQQSPACE recommends that you seek qualified taxation advice specific to your individual circumstances;
- Nothing in this agreement is intended to establish an employment, agency or partnership relationship between PIQQSPACE and the Space Seeker.
- Space Seekers will comply with the access and security arrangements in the Storage Contract or as otherwise agreed, and keep safe any keys or other items used to access the Storage premises.
- Space Seekers undertakes to pay the Contract Price fully, promptly and in good faith and using PIQQSPACE payment systems upon confirmation of the Storage Contract with the Space Owner.
- Space Seekers will remove the Specified Goods stored from the Storage premises upon request by the Space Owner, provided that the Space Owner gives at least four weeks’ notice in writing of such request.
- At or before the end of the booking period of the Storage Contract or upon terminating the Storage Contract in keeping with the terms of Clause 7, the Space Seeker must vacate the Space completely. The Space Seeker must remove all contents, debris and leave the Space in good condition.
- Termination and Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your PIQQSPACE Account or to remove or disable access to any Listing for any reason, including Listings that PIQQSPACE, in its sole discretion, considers to be objectionable for any reason or to be in violation of these Terms.
If we exercise our discretion under these Terms to suspend, deactivate, or terminate your PIQQSPACE Account, any or all of the following can occur with or without prior notice or explanation to you:
- Your PIQQSPACE Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Services, your PIQQSPACE Account, your Member Content, or receive assistance from PIQQSPACE Customer Service.
- Any pending or accepted future bookings as either Space Owner or Space Seeker will be immediately terminated.
- We may communicate to your Space Seekers or Space Owners, as applicable, that a potential or Confirmed Booking has been cancelled.
- Where a Space Owner’s account is terminated, we may refund a Space Seeker in full for any and all Confirmed Bookings, irrespective of pre-existing cancellation policies.
- May contact a Space Seeker to inform him or her about potential alternate Space with other Space Owners.
- Where a Space Seeker’s Account is terminated, the Space Seeker shall have four (4) weeks to remove any property already stored in the Space and Rental Fees shall continue to accrue during this period.
- Neither Space Owners nor Space Seekers will be entitled to any compensation or reimbursement of any Rental Fees due to or paid by that Space Owner or Space Seeker prior to that Space Owner or Space Seeker’s suspension, deactivation or termination of his or her PIQQSPACE Account.
You may cancel your PIQQSPACE Account at any time via the “Delete Account” feature of the Services or by sending us an email. Please note that if your PIQQSPACE Account is cancelled, we do not have an obligation to delete or return to you any Member Content you have posted to the Website and Services, including, but not limited to, any reviews or Feedback.
8. Processes on the PiQQSPACE platform
- Obligations and Overview of PIQQSPACE
- PIQQSPACE is a peer-to-peer platform or marketplace with related technology for Space Seekers and Space Owners to list, quote and arrange for bookings for storage of Specified Goods. The Company is not a rental agent or property broker. PIQQSPACE acts as an intermediary for members to transact and is not considered a party to the Contract between the Space Owner and the Space Seeker.
- Space Seekers can request storage services by offering a booking request and Space Owners can respond to the request by submitting or accepting a Quote for their services. Each Quote by a Space Owner is an offer to enter a legally binding Storage Contract with the Space Seeker.
- Upon acceptance of a Storage Contract between a Space Owner and a Space Seeker, PIQQSPACE will collect Contract Price from the Space Seeker. All financial transactions between the parties will be processed by the payment system embedded in the website.
- Contract Price consist of the aggregate of the Space Owner Fee and PIQQSPACE Commission. The Contract Price will be calculated and collected by the payment system on PIQQSPACE platform. The Payment Manager will then initiate payment of Space Owner Fee less the PIQQSPACE Commission to the Space Owner at the time of the booking. In case of booking period longer than a week, weekly recurring payments will be initiated. For bookings exceeding a month, monthly payments would be charged from the authorized account of Space Seeker.
- PIQQSPACE will collect from the Space Seeker the first payment (pro-rated to the end of the month) of the Contract Price at the time of booking confirmation. If the rental period is extended, Space Seekers will be charged monthly Contract Price on a recurring basis. In that instance PIQQSPACE will collect Contract fees and initiate payment of Space Owner Fee to the Space Owner within ten (10) days of the first day of each month of the booking period, referred to herein as Recurring Payments. If Recurring Payments apply to your payment obligations for Contract Fees owed for a confirmed booking, you authorize PIQQSPACE, on behalf of the Space Owner, to collect the Contract Price in the increments and at the frequency associated with the applicable Recurring Payments. Where a contract has been extended, PIQQSPACE will continue to collect Contract Price on a monthly recurring basis until the Space Seeker or Space Owner provides notice of termination of the lease.
- If Recurring Payments apply to a Confirmed Booking, then the Space Seeker authorizes PIQQSPACE to collect the applicable fee amount through its Payment Processor on behalf of the Space Owner and the Space Owner agrees that PIQQSPACE will initiate payouts to the Space Owner, in the increments and at the frequency associated with the applicable Recurring Payments.
- Space Seekers: Accepting a Quote
By accepting a quote and/or moving belongings in the storage premises, you warrant and represent:
- You are the owner of the Specified Goods;
- You are not requesting storage or transport of any Prohibited Goods or Services;
- All goods are safely and securely packed and ready for transport and storage as at the pickup / storage date;
- The Specified Goods are not subject to any right of lien, used as security for any loan, or Otherwise encumbered in any way;
- If requesting pickup and/or delivery services, all specified addresses are accurate.
- Spacer Owners: Submitting a Quote
By submitting a Quote in response to a Listing, you warrant and represent:
- the Quote details a genuine offer of services: you are ready, willing and able to provide the services described;
- the Spacer Owner Fee is the only payment you will receive for the services and includes all things necessary for the storage of the Specified Goods: you may itemize and quote for optional services (such as pickup and delivery), but subject to any agreed variation under clause 10, must not impose any additional fees.
- the Quote complies with all applicable laws and advertising standards;
- the Storage Premises accurately matches the description you provide, and complies with the Minimum Storage Premises Standards;
- You may withdraw a Quote at any time prior to its acceptance.
- PIQQSPACE does not represent or guarantee that your Listing will receive any particular number of page impressions, exposure, or Quotes in response.
- Space Seekers: Accepting a Quote
By Accepting a Quote, you are entering a legally binding Storage Contract with the Space Owner.
- Variations in Storage Contracts
- A Storage Contract is a binding contract for the services as specified, and covers only the Specified Goods, for the agreed storage duration. Unless mutually agreed in writing between the Spacer Owner and Space Seeker, the Storage Contract is strictly binding as agreed.
- Spacer Owners and Space Seekers may wish to vary a Storage Contract, for example adding additional goods, extending the storage duration, changing pickup or delivery dates, adding or removing optional services. Either party may request to vary such terms by written notice (functionality for this is provided through the PIQQSPACE Platform).
- Please note that variations affecting the Storage Premises may impact upon any applicable Contract of Insurance, and may compromise your insurance unless prior approval is given by the Insurer. Please review the Contract of Insurance carefully for any such limitations.
- Upon request for a variation, the Spacer Owner and Space Seeker will negotiate in good faith regarding any such change. CHANGES ARE ONLY BINDING ONCE MUTUALLY AGREED THROUGH THE PIQQSPACE PLATFORM.
- Each party undertakes to notify PIQQSPACE of any agreed changes as soon as practical (functionality for this is provided through the PIQQSPACE Platform).
10. Storage contracts
This applies to any Storage Contract entered between the parties. The Space Owner, not PIQQSPACE, is solely responsible for honoring any confirmed bookings and making available any space posted on a listing and reserved through the Website.
You may not book a space more than three (3) months in advance of the occupancy start date.
Space Owner and Space Seeker acknowledge and agree that you, and not PIQQSPACE, will be responsible for performing the obligations under any storage agreement, that PIQQSPACE is not a party to such agreements, and that, with the exception of its payment obligations under these terms, PIQQSPACE disclaims all liability arising from or related to any storage agreements.
- Storage Contract Payments
- All prices (including the Contract Price and Spacer Owner Fee) are expressed in Canadian dollars, excluding GST unless otherwise specified.
- Additional fees may be charged for a Space Seeker’s delay in vacating a Space.
- Upon acceptance of a Quote, the Space Seeker must pay the specified Contract Price to PIQQSPACE.
- PIQQSPACE (acting reasonably) is not responsible for any delayed or failed payment due to your failure to keep your account details current.
- PIQQSPACE cannot control any fees that may be charged to you by your own bank or credit card company for using our payment provider and we disclaim all liability in this regard.
- If any payment to PIQQSPACE is not honored, or is subject to chargeback, the Space Seeker must reimburse PIQQSPACE for any transaction, processing, dishonor or other bank fees incurred.
- Space Owners acknowledge that their Space Rental Fee Payment will be directly deposited into their account, net of PIQQSPACE Commission and any other applicable fees.
- The time it takes for a Space Owner to receive payment may depend upon the payment method chosen by the Space Seeker.
- Space Owners also acknowledge that they are responsible for registering and filing any applicable municipal, provincial, or federal Taxes that may be owing on their Space Fee Payment. PIQQSPACE is neither responsible nor liable for notifying, collecting or paying any such Taxes.
- Space Owners agree to never insist, ask, or insinuate to a Space Seeker that he or she pay any or all of the Rental Fees directly to a Space Owner with a cheque, cash, or any payment method other than our Payment Processor on the Website.
- Storage of Specified Goods
- The Spacer Owner agrees to store the Specified Goods at the Storage Premises for the Storage Duration.
- Subject to any agreed packing, pickup and delivery services, the Space Seeker is solely responsible for the packing, pickup, loading, unloading and delivery of the Specified Goods.
- The Spacer Owner may impose reasonable rules regarding the delivery and collection of the Specified Goods (for example, all deliveries to use a specified delivery bay).
- Subject to any agreed Contract of Insurance, all Specified Goods are loaded, unloaded, and transported and stored at the Space Seeker’s risk.
- The Spacer Owner, exercising due care and diligence, reserves the right to move and store the Specified Goods within the Storage Premises as it sees fit.
- Subject to any agreement to provide pickup, delivery and transport services, any Specified Goods that have not been collected within 28 days of the agreed end of the Storage Duration will be deemed abandoned.
- Pickup and Delivery
This applies to any Storage Contract expressly stated to include packing, pickup, delivery and/or transport services (including such services later added by variation under clause 10).
- The Spacer Owner may pick up and deliver the Specified Goods in instalments.
- Each party must ensure they or their authorized agent (being a person over 18 years of age) is present for the packing, pickup and delivery of the Specified Goods at the agreed time. It is the responsibility of these parties to ensure that only Specified Goods are collected and delivered.
- The Spacer Owner is entitled to transport the Specified Goods by any route it sees fit.
- Packing, Pickup and Delivery includes the Spacer Owner loading and unloading the Specified Goods at the designated loading bay or entryway.
- Access to Space
A Space Owner can provide two types of access to a rented Space:
- 24/7 Private Access – In case of 24/7 Private or Complete Access is provided, the Space Seeker has unsupervised access to the Space and is responsible for securing the Space as instructed by the Space Owner.
- Partial Access – In case of Partial Access to a Space, the Space Seeker must be accompanied by the Space Owner when accessing a Space. A Space Seeker must give prior notice to a Space Owner when the Space Seeker wishes to access the Space.
In both the case, the Listing will outline the hours of access that Space Seeker may access the Space and the type of access provided. Space Seeker must contact Space Owner at least 24 hours in advance to request access unless otherwise specified in the applicable Storage Agreement.
If a space owner reasonably suspects a space seeker may be in breach of the above prohibitions, or engaged in other illegal activities, the space owner shall contact the relevant authorities at the earliest opportunity and provide full access to the space without notice to the space seeker or the space seeker’s consent.
- Third Party Payment Processor
Stripe is the Payment Processor for PIQQSPACE. All payment transactions are subject to Stripe’s terms of service available at: https://stripe.com/ca/legal.
You acknowledge and agree that, notwithstanding the fact that PIQQSPACE is not a party to any agreement between a Space Seeker and a Space Owner, PIQQSPACE acts as the Space Owner’s payment collection agent for the limited purpose of accepting and processing payments from a Space Seeker on behalf of a Space Owner through our Payment Processor.
In accepting appointment as the limited authorized agent of the Space Owner, PIQQSPACE assumes no liability for any acts or omissions of the Space Owner.
Each Space Owner understands and agrees that –
- Payment made by a Space Seeker through our Payment Processor shall be considered the same as a payment made directly by the Space seeker to the Space Owner, and the Space Owner will make the Space available to the Space Seeker in the agreed-upon manner as if the Space Owner has received the Rental Fee directly.
- PIQQSPACE accepts payments from Space Seekers through its Payment Processor and our obligation to pay the Space Owner is subject to and conditional upon successful receipt of payment from Space Seeker.
- PIQQSPACE may, in accordance with the cancellation policy selected by the Space Owner and reflected in the relevant Listing.
- Permit the Space Seeker to cancel the booking and
- Refund to the Space Seeker that portion of the Rental Fees specified in the applicable cancellation policy.
12. Loss and damage
This applies to any Storage Contract, but is subject to and ordinarily superseded by a Contract of Insurance between the parties.
- Subject to this clause 12 and the indemnities given in clause 24, all Specified Goods are packed, stored, loaded, unloaded, and transported at the Space Seeker’s risk.
- In the event of any loss, damage or destruction of the Specified Goods caused by the Spacer Owner’s gross negligence or willful misconduct, the Spacer Owner will pay the Space Seeker the lower of:
- The value of the lost, damaged, or destroyed Specified Goods;
- The Contract Price; or
- $100 per item or package, up to $1,000 in total.
13. Defaults, repossession and sale of goods
This applies to any Storage Contract, subject to any Contract of Insurance. Ownership of all Specified Goods remains with the Space Seeker subject to this clause.
- If the Specified Goods are deemed abandoned (as may occur under clause 10.2, or include any goods in breach of warranties given by the Space Seeker (for example, including Prohibited Goods, or goods the Space Seeker does not own), the Space Seeker will be in default, and the Spacer Owner shall be entitled to sell or dispose of the affected Specified Goods, provided that:
- the Spacer Owner first notifies PIQQSPACE with full particulars of the Specified Goods.
- The Spacer Owner follows all reasonable directions of PIQQSPACE;
- The costs of any such sale or disposal will be first reimbursed to the Spacer Owner from the proceeds of sale, and any remaining costs absorbed from the Spacer Owner’s Fee; and
- Having regard to the circumstances of the default, PIQQSPACE will, at our absolute discretion, direct the Spacer Owner to remit or retain any remaining proceeds of sale.
- Specified Goods are stored by the Spacer Owner as Bailee. Subject to this clause 13, the Spacer Owner does not receive any ownership or equitable interest in the Specified Goods.
- Subject to clause 13, in the event that the Spacer Owner relinquishes possession of the Specified Goods or Storage Premises (for example through repossession by a third party), the Spacer Owner will be in default, in which case:
- the Space Seeker is entitled to immediately repossess the Specified Goods;
- the Spacer Owner is deemed to have released any entitlement to the Spacer Owner’s Fee; and
- PIQQSPACE will reimburse the Space Seeker the Spacer Owner’s Fee (not the full Contract Price, noting that the goods are stored at the Space Seeker’s risk, subject to any Contract of Insurance).
14. Cancellation Policy and Refunds
A Space Owner is required to confirm a booking request within the Booking Request Period otherwise the booking request will be automatically cancelled. A booking cannot be confirmed if the date of the booking request precedes the Occupancy Start Date by more than three (3) months
- Cancellation prior to or within the Grace Period
If a Space Seeker cancels a requested booking before a Booking Confirmation is received from a Space Owner, PIQQSPACE will cancel any pre-authorized payments and/or refund any nominal amounts charged to your account in connection with the requested booking within a commercially reasonable time (excluding the payment processor fees).
If a Space Owner or Space Seeker cancels a Confirmed Booking within the Grace Period, PIQQSPACE will refund the Rental Fees less the Space Owner Fee for the booking to the Space Seeker within a commercially reasonable time of the cancellation. If the Space Seeker requests a booking from one of the alternative Listings and the Space Owner associated with such alternative Listing confirms the Space Seeker’s requested booking, then the Space Seeker agrees to pay PIQQSPACE the Rental Fees associated with the alternative Listing in accordance with these Terms.
- Cancellation by PIQQSPACE
In certain circumstances, PIQQSPACE may decide, in its sole discretion, that it is necessary or desirable to cancel a Confirmed Booking such as in the case of events outside a Space Owner or Space Seeker’s control, or for other reasons, such as either a Space Owner or Space Seeker’s legitimate discomfort with a Space Owner or Space Seeker. In such situations, PIQQSPACE may decide, in its sole discretion, to refund to the Space Seeker part or all of the fees charged to the Space Seeker. Space Owners agree that in the event a Space Owner had already been paid at the time of such cancellation, PIQQSPACE shall be entitled to recover the amount of any Rental Fee or Space Owner Fee Payment refund from you, as applicable, including by subtracting such refund amount from any future Space Owner Payments due to you. You agree that PIQQSPACE and the relevant Space Seeker or Space Owner will not have any liability for such cancellations or refunds.
- Termination during the Term of a Storage Rental Agreement
Where a Storage Rental Agreement is entered into for the purposes of Storage, the following policy shall apply:
- If a Space Owner or Space Seeker cancels a Storage Rental Agreement during the term of that agreement (“Active Storage Rental Agreement”), that Space Owner or Space Seeker must provide four (4) weeks’ notice (“Cancellation Notice”) in writing to the other party using the contact information on that other party’s PIQQSPACE Account of his/her/its intention to terminate the Storage Rental Agreement.
- Where termination is initiated by a Space Seeker, the Space Seeker shall notify a Space Owner of his/her/its intention to terminate the Rental Agreement and Space Seeker would not be eligible for any refunds for the period.
- Where termination is initiated by a Space Owner, the Space Owner shall notify a Space Seeker of his/her/its intention to terminate the Rental Agreement and the Space Owner shall continue to store the Space Seeker’s property in the Space for a period of seven (7) calendar days to allow the Space Seeker time to remove his or her property from the Space.
- Overstaying without Space Owner’s consent
- Space Seekers agree that a Confirmed Booking is merely a license granted by the Space Owner to the Space Seeker to enter and use the Space in accordance with the applicable Storage Agreement between the Space Seeker and the Space Owner.
- Space Seekers further agree to vacate the Space no later than the end date and time specified in the Storage Rental Agreement, or such other time as mutually agreed upon between the Space Owner and Space Seeker.
- If a Space Seeker continues to occupy a Space beyond the Term of the Storage Rental Agreement without the Space Owner’s consent, the Space Seeker agrees that the Space Owner can charge the Space Seeker, for each 24 hour period that the Space Seeker overstays in the Space a fee up to double the pro-rated amount of the Rental Fee originally paid by the Space Seeker to cover the inconvenience suffered by the Space Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Space Owner to encourage the Space Seeker to vacate the Space (collectively, ” Additional Fees”) and any fees we incur collecting the Additional Fees.
- Space Seekers agree that PIQQSPACE’s Payment Processor, in its role as limited collection agent for the Space Owner, shall charge the Space Seeker’s PIQQSPACE Account to collect these Additional Sums, failing which we may rely on other payment mechanisms available to us.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. PIQQSPACE cannot and does not offer tax-related advice to any Members or Users.
- Space Owner, Space Seeker, and PIQQSPACE Obligations
- Space Owner Obligations
As a Space Owner, you acknowledge and agree that:
- You have the right to choose, in your sole discretion, not to Confirm Booking and proceed with any Storage Rental Agreement.
- You will develop a Listing in accordance with section seven (7) of these Terms
- You are responsible for the content of any and all Listings you post on the Website and you hereby represent and warrant that by offering a Space in your Listing –
- You are not and will not breach any agreements you have entered into with any third parties, including, but not limited to, a property rental agreement.
- You will
- Comply with all applicable laws, tax requirements, and rules and regulations that may apply to the Space, including, but not limited to, zoning laws and laws governing rentals of residential and other properties
- Not conflict with the rights of any third parties for or in the Space.
- Your Listing does not contain any false or misleading information, including a misleading Rental Fee, and that you will not post any Listing that you do not intend to honor.
- You are solely responsible for maintaining and updating your Listing to reflect the accurate availability of your Space and that we shall not manage and are not responsible for any content in your Listing.
- You checked your homeowners’ or renters’ insurance policies or confirmed with your insurance provider to verify that your policy coverage includes damage to your property caused by a Space Seeker or otherwise caused by the property being stored by the Space Seeker.
- You shall
- Ensure that the offered Space is in good condition and repair and is suitable for the type of use for which the Space is advertised.
- Keep the Space accessible, clear of debris or obstructions, and appropriately secured at all times.
- You will keep the Space Seeker informed of any updates or changes to their accessibility to the Space.
- You have not and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who accompany you or attend at the Space or the Premises at your request or invitation, excluding the Space Seeker (and the individuals the Space Seeker invites to the Space, if applicable).
- You will never insist, ask, or insinuate to a Space Seeker that he or she pay any or all of the Rental Fees directly to you by cheque, cash, or any payment method other than by payment through PIQQSPACE’ Website.
- You shall communicate with the Space Seeker in accordance with these Terms.
- You will set up a Stripe account and respond within 24 hours to all inquiries.
- You will respect a Space Seeker’s belongings and will not open, review, sift through, try, or otherwise engage with a Space Seeker’s belongings without the Space Seeker’s explicit permission.
- You assume all risk in relation to the loss or damage to the Stored Goods stored in the Space caused by your own acts or omissions and will file a claim with your insurance provider to cover the cost of loss or damage to the Stored Goods.
- You will take photographs of the Space immediately before occupancy by Space Seeker and at time of Vacancy by Space Seeker, as well as of any damage that may be sustained in the Space or the Premises during the Term of the Storage Rental Agreement.
- PIQQSPACE does not act as an insurer or as your contracting agent.
- Any agreement to rent a Space is between you and the Space Seeker and PIQQSPACE is not a party to it.
- Space Seeker Obligations
As a Space Seeker, you acknowledge, agree, and where applicable, warrant, and represent that:
- You will obtain Space Seeker’s insurance to cover your use of the Space.
- You are not seeking Space to engage in Prohibited Actions or unlawful purposes and shall use the Space solely for the purpose outlined in the applicable Storage Rental Agreement.
- You will not do any act or thing which may disturb the quiet enjoyment of any occupants on the Premises and shall abide by all applicable regulations and by-laws, including those related to noise, waste, and other nuisance.
- You will not sublet or assign your right to use the Space without the prior written approval of the Space Owner which approval may be arbitrarily withheld by the Space Owner.
- You will not make any alterations, additions, or improvements, in, to, or about the Space or the Premises or to any fixtures or equipment supplied by the Space Owner, or hang, or suspend from any wall or ceiling or roof or any other part of the Space or Premises, any equipment, fixtures, signs or displays without the Space Owner’s prior written authorization.
- You will not use the Space to store anything which would violate any applicable laws, regulations, orders or bylaws of any municipal, provincial or federal authorities.
- You will not do any act or cause any act to be done in, on or about the Space or Premises that could create or constitute a nuisance under any applicable law or under the applicable Storage Rental Agreement including but not limited to noise, oils spills, and irresponsible disposal of waste products.
- Not use the Space or Premises to repair machines or vehicles or any type including automobiles in the Space or the Premises.
- You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- You assume all risk and liability for all your acts and omissions and the acts and omission of any individuals who enter the Space or the Premises at your direct or indirect invitation, including but not limited to your employees, agents, friends, acquaintances, family members, and other invitees (“Invitees”) and ensure that all such individuals comply with the Space Owner’s rules and policies for the Space and with any other rules in the applicable Storage Rental Agreement;
- You will indemnify the Space Owner and to hold the Space Owner harmless from any loss, damage, expense, or claim arising from your acts or omissions, or the acts and omissions of your Invitees, in the course of your, or your Invitees’ use of the Space or Premises;
- You undertake to pay the Rental Fee only using the Payment Processor on the Website.
- You will maintain the Space in good condition and repair.
- You will comply with the access and security arrangements outlined in the applicable Storage Rental Agreement and keep safe any keys, security codes, or other means to access the Space.
- You will vacate the Space at the end of Term of your Storage Rental Agreement, will remove your belongings and any debris and leave the Space in broom clean condition;
- You will notify Space Owner and PIQQSPACE immediately of any changes in your email address, mailing address, phone number, credit card information or other information in your PIQQSPACE Account. A change of address will not be effective unless the new address is complete and the notice is in writing, signed, and dated by Space Seeker and actually received by Space Owner. Return addresses on envelopes, forwarding orders or addresses on cheques are insufficient;
- You will provide, where applicable, an itemized list of all the items stored in a Space and are encouraged to take photographs of each item to document the state of each stored item to be included in the Storage Rental Agreement;
- You shall permit the Space Owner and its agents or representatives, acting reasonably, to forcibly or otherwise access the Space for the purpose of stopping any Prohibited Actions or removing prohibited items with or without the assistance of law enforcement, or for the purpose of making such repairs or alterations therein as may be deemed necessary by the Space Owner in his/her/its sole and absolute discretion or for the safety and preservation of the Space or the Premises, or in the case of emergency, or perceived emergency, or to permit the Space Owner to take such action as is considered by him/her/it to be prudent and reasonable, without any prior notice to the Space Seeker to protect the Space and the Premises. The Space Owner, and its agents or representatives, shall not assume any liability or any negligence for taking such action, for the manner in which it takes such action or for failing to take action.
- In the event that you remove or add items from/to the Space, you will submit an updated list of stored items (dated) to be logged as a Schedule to the Storage Rental Agreement.
- PIQQSPACE Obligations
Through our Payment Processor, PIQQSPACE will be responsible for collecting, distributing, and reimbursing any fees or payments, including Recurring Payments, in accordance with these Terms. If the Rental period is extended, the Space Seeker will be charged monthly Rental Fees on a recurring basis.
- Damage to Rented Space
As a Space Seeker, you are responsible for keeping and leaving the Space in the condition in which you found it when you arrived. You acknowledge and agree that, as a Space Seeker, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of your Invitees. In the event that a Space Owner provides evidence, including but not limited to photographs of damage to the Space or Premises you agree to pay the cost of repair of the damage or replace the damaged items with the same or equivalent items or their financial equivalent.
The Space Owner will notify you and PIQQSPACE of a claim for damages, including the cost of repair or replacement, as soon as the damage is brought to the Space Owner’s attention. As a Space Seeker you will have forty- eight (48) hours after being notified of the claim at the contact information provided in your PIQQSPACE Account to respond to the claim.
As a Space Seeker, you agree to cooperate with and assist the Space Owner in good faith, and to provide the Space Owner with such information as may be reasonably requested by him, her, or it, in order to make a claim under your applicable insurance policy, including, but not limited to, executing documents and taking such further acts as the Space Owner may reasonably request to assist the Space Owner in finalizing the claim for damages.
In the unlikely event of a dispute over damages you agree to participate in the dispute resolution process as outlined in these Terms.
- The Space Owner is responsible for the Space and shall hold comprehensive home or renter’s insurance (as applicable) and contents insurance on the Premises on which the Space is located.
- PIQQSPACE recommends that the Space Owner review and confirm with his/her insurance provider the extension of the coverage for the contemplated use of the Space being offered for rent.
- In particular, as a Space Owner you should make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply under your insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Space Seekers and Space Seekers’ Invitees, (if applicable) while at the Space or on the Premises.
- As a Space Seeker, you understand and agree that a Space Owner may make a claim under your applicable insurance policy, including homeowner’s, renter’s or other insurance policy, related to any damage or loss that you may have caused or have been responsible for causing on or to a Space or Premise or any personal or other property located at or in a Space.
- You agree to cooperate with and assist PIQQSPACE in good faith, and to provide PIQQSPACE with such information as may be reasonably requested by PIQQSPACE, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as PIQQSPACE may reasonably request to assist PIQQSPACE in accomplishing this matter.
20. Obligation of confidentiality
- You must treat all information available on the PIQQSPACE Platform as strictly confidential, and may only use that information for the purpose of organizing the pickup, transit, storage, delivery and insurance of goods through the PIQQSPACE Platform. You may only disclose Confidential Information on a need to know basis in performance of these purposes, or as necessary to comply with any law, or court order.
- Without limiting the effect of this clause, Confidential Information expressly includes the contact details of each User, address for pickup, storage or delivery of goods, and information about any goods in storage.
- If you wish to contact Users for any other purpose, you must first seek and obtain their informed consent. Consent cannot be implied from their use of PIQQSPACE.
- Confidential Information in this clause does not include any information already in the public domain, or independently known to the User other than in breach of an obligation of confidentiality.
- You expressly acknowledge that in any case of actual or threatened breach of the confidentiality obligations of this “Confidential information” section, the Disclosing Party may seek equitable relief such as specific performance and/or injunctive relief.
- At our absolute discretion, PIQQSPACE reserves the right to enforce the confidentiality obligations in this clause on your behalf, and to assume control of any such action, at our own cost and upon written notice to you. If we exercise this right, you must take any steps to assist PIQQSPACE in enforcing these rights as we reasonably require by notice.
21. Intellectual property
- Reverse engineer or decompile any part of PIQQSPACE;
- Combine or incorporate any part of PIQQSPACE in any other program, system or other derivative work without our prior consent in writing;
- Copy or distribute any part of PIQQSPACE; or
- Sub-license or transfer this license without our written consent.
- Spacer Owners retain ownership of their brand, trademarks and any associated intellectual property they include in a Quote. Spacer Owners grant PIQQSPACE a royalty-free, worldwide license to use and publish the Spacer Owner’s trade marks in performance of PIQQSPACE’s rights and obligations.
- Canada’s Anti-Spam Legislation (CASL)
We are compliant with Canada’s Anti-Spam Legislation (CASL). You acknowledge and understand that by creating a PIQQSPACE Account, submitting your contact information and participating in surveys, promotions, or engaging with other materials on our Website you are providing us direct or indirect consent to contact and communicate with you for the purpose of:
- Sharing information with you.
- Establishing, developing and/or managing our relationship with you.
You hereby agree that PIQQSPACE may communicate with you via any means of communication in any media, including e-mail, telephone and in-person in connection with our Website, Services and the transactions contemplated thereby.
If you wish to be removed from our contact list, you may unsubscribe using the “Unsubscribe” link available in any communication you receive from us, or select the “Unsubscribe from all lists” when you cancel your account.
23. REPORTING MISCONDUCT AND ABUSE
If you engage with anyone in the Space or on the Premises who you feel is acting or has acted inappropriately, including but not limited to anyone who:
- engages in offensive, violent or sexually inappropriate behavior
- you suspect of stealing from you
- engages in any other disturbing conduct, you should report such person to the appropriate authorities immediately.
You should also alert PIQQSPACE about the incident and forward the police station and report number (where available), provided that you understand and acknowledge that PIQQSPACE is not obligated to take any action beyond that required by law (if any) or cause us to incur any liability.
24. Limitations and indemnities
- To the fullest extent allowable at law, and subject to the terms of any Contract of Insurance, you release and hold PIQQSPACE harmless from any Liability arising in connection with:
- any indirect, special or consequential loss however arising.
- any claim of personal injury or negligence however arising.
- any aspect of the PIQQSPACE Platform (including downtime, loss or corruption of data).
- PIQQSPACE’s actions taken in accordance with our obligations at law or any order issued by a court of law or relevant government authority.
- any act, default, omission, or representation made by any entity other than PIQQSPACE, our contractors and employees.
- To the fullest extent allowable at law, and subject to the terms of any Contract of Insurance, you release and hold harmless, indemnify and defend PIQQSPACE from any Liability arising in connection with:
- any Listing, Quote or Storage Contract;
- PIQQSPACE exercising any of our rights under clause 13; and
- the action of any third party using PIQQSPACE with your authentication details, whether they do so with or without your authorization or knowledge.
- PIQQSPACE reserves the right to assume, at our expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you must cooperate with us in asserting any available defenses.
25. Dispute resolution – binding arbitration
- If a dispute arises between the parties in relation to this agreement, either party may give the other party written notice of the dispute. Upon such notice, the parties will negotiate in good faith and attempt to reach a mutually agreeable resolution.
- The arbitration shall be conducted on a confidential basis pursuant to the Canadian Arbitration Rules of ICDR) Arbitration Rules of ADRIC).
- You acknowledge and agree that you and PiQQSPACE are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
- Unless both you and PiQQSPACE otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
- This “Dispute Resolution – Binding Arbitration” section will survive any termination of these Terms.
27. General legal notices
If any of these terms are held to be illegal, invalid or unenforceable by a court of law, that part will be excluded, and the remaining terms will remain in full force.
- Copyright policy
We respect copyright law and expect our Users to do the same. It is our policy to terminate, in appropriate circumstances, the PIQQSPACE Accounts of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders or engage in any Prohibited Activities.
- Legal Fees
- Entire Agreement
The failure of PiQQSPACE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, each User agrees that the court should endeavor to give effect to the intention of PiQQSPACE in the provision, and the other provisions of the Terms will remain in full force and effect.
29. APPENDIX A: Prohibited goods and services
You are solely responsible for any content that you submit, post or transmit via the PIQQSPACE website. You may not request, offer, should not send and should not accept delivery for and/or storage of any of the following prohibited goods or services. PIQQSPACE takes no responsibility for the outcome of requesting and/or delivering such items.
- Sexual activity of any kind or obtaining goods or services for purposes of sexual gratification is prohibited.
- Drugs, including prescription drugs, drug paraphernalia (rolling papers, pipes, etc.) or other controlled substances are prohibited.
- Anything related to weapons or unlawful activity is prohibited. This includes soliciting, inducing or encouraging illegal acts or requesting goods in furtherance of a crime.
- Animals, plants and insects that are regulated or prohibited for sale under applicable laws.
- Blood, bodily fluids and body parts.
- Embargoed goods.
- Goods that breach customs regulations.
- Items designed to be used to commit a crime including not without limitation burglary tools, false identification and items used to manufacture illegal explosives or controlled substances.
- Material that infringes copyrights, trademarks or other third party rights.
- Counterfeit or fraudulent items.
- Obscene material, child pornography or material that is harmful to minors.
- Prescription drugs, medical devices, controlled substances, illegal drugs, or drug paraphernalia.
- Services or merchandise that promote hatred and violence against specific groups of people.
- Services that are illegal including without limitation prostitution.
- Stocks and other securities.
- Stolen goods or property with serial number removed or altered.
- Weapons (including but not limited to firearms, martial arts weapons, silencers, ammunition, disguised or switchblade knives, BB guns, stun guns or tear gas) and weapons parts.
- Items containing hazardous substances or pesticides.
30. APPENDIX B: Minimum storage premises standards
Minimum Storage Premises means a registered residential, commercial or industrial building with a defined perimeter, walls, ceiling and door that is compliant with the any and all applicable building codes and/or statutory requirements for a building.
- It is hereby declared and agreed that Minimum Storage Premises does not include any of the following:
- any property in a state of disrepair or decrepitude; and/or
- any property under the physical act of construction and/or maintenance; and/or
- any property location or building currently experiencing a Force Majeure event or other catastrophic environmental event as defined by the relevant statutory authorities.