Last Updated: January 10, 2020
Welcome to Sharecube. We’ve developed an online marketplace to help you find great spaces. We tried to make this Services Agreement easy to read and understand. Please take time to read it carefully as it governs your use of our platform to book and list spaces.
By browsing the public areas of the Site or by accessing and using our Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then you are not permitted to use the Site.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. DESCRIPTION AND USE OF SHARECUBE
We provide Visitors and Registered Users with access to the Site as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all content and access all publicly-available features and functionality on the Site; (ii) subscribe to Sharecube communications, alerts, and other notifications; and (iii) contact us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) access non-public features and functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Site; (iii) post listings, comments, reviews, and other content on the Site and/or interact with other Registered Users of the Site (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”); and (iv) provide or book third-party spaces through Sharecube (“Spaces”). Sharecube is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Sharecube may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated this Agreement.
A Registered User may be either a Space Owner or a Space Guest:
A “Space Owner” is a Registered User who chooses to create an account through which the Registered User may offer and provide Spaces through Sharecube.
A “Space Guest” is a Registered User who chooses to create an account through which the Registered User may request and/or book Spaces through Sharecube.
If a Space Guest is interested in reserving a Space on a particular date and during a particular period of time (an “Event” and, the date of such Event, the “Event Date”), the Space Guest may submit an enquiry to the applicable Space Owner. All such enquiries must be submitted through Sharecube, although some communication between the Space Guest and the Space Owner may take place off-Site in order for the parties to negotiate details and tour the Space, subject to our non-circumvention rules and obligations as set forth in Section 4 below. As further detailed in Section 4, Space Guest may not book or pay for its booking offline or through any mechanism other than through Sharecube.
2. RESTRICTIONS ON USE
By accessing and/or using the Site or the Services, you agree to comply with the following restrictions on use:
- If you wish to become a Space Guest or a Space Owner, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater;
- You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful or otherwise fraudulent purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any Registered User Content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- constitutes promotion or advertising of any third-party website, product or service; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not access or use the Site to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;
- You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided,however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- Circumvent Sharecube in order to transact with a Space Owner or Space Guest introduced to you via the Site outside of the Sharecube ecosystem in violation of Section 4 below.
- You will let us know about inappropriate Registered User Content of which you become aware.
We have the right, but not the obligation, to review and reject or remove any Space listing or other Registered User Content that, in our sole discretion, violates these Terms of Use in any respect. We also reserve the right, in our sole and absolute discretion, to deny you access to the Site, or to any portion of the Site, without notice.
3. USER NAME; PASSWORD; UNIQUE IDENTIFIERS
If you wish to become a Registered User, you will be prompted to create an account, which includes a user name (“User Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each User Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier. We reserve the right to delete or change your Password, User Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Sharecube will not be liable for any loss or damage caused by any unauthorised use of your account.
4. NO CIRCUMVENTION
You acknowledge and agree that the Site and Sharecube’s Services are designed to facilitate booking transactions. Notwithstanding anything in this Agreement to the contrary, in no event shall any Registered User, whether a Space Guest or a Space Owner, circumvent Sharecube in order to transact with another Registered User it has met via Sharecube to book a Space that is listed on the Site. Although Space Guests and Space Owners may communicate off-Site about a booking, including, without limitation, for purposes of offering a physical tour of the Space, once the parties decide to transact (i.e., once Space Guest decides to book the Space in question), the parties must bring the transaction back to Sharecube and follow the prescribed steps to consummating the transaction, including payment of all fees hereunder.
Sharecube reserves the right to monitor all Registered Users’ activity on the Site or using the Services, including, without limitation, communications by and between Space Guests and Space Owners, in order to monitor compliance with the foregoing non-circumvention requirements. If Sharecube determines that any Registered User is in violation of this Section 4, it reserves the right to immediately close your account with the Site, deny you future access to the Site, and remove any Space listings you may have on the Site.
5. FEES, PAYMENTS, AND AUTOMATIC RENEWALS
We may modify the fees at any time by posting such modification on the Site, and any such modification shall go into effect thirty (30) days after it is so posted.
The Services may require data access, and the provider of such data access (e.g., network operator, wireless carrier, etc.) for the device through which you access the Services may charge you data access and other fees in connection with your use of the Site and Services, including, without limitation, wireless carrier messaging and other communication, messaging, and data fees and charges, as applicable. You shall be responsible, at your sole cost and expense, for obtaining and paying for wireless access, and under no circumstances will Sharecube be responsible for any such data access fees or charges in connection with your use of the Site or Services.
6. INTELLECTUAL PROPERTY
The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Sharecube (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Irish and foreign laws. Unauthorised use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Sharecube (the “Sharecube Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Sharecube. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Sharecube Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Sharecube Trademarks enures to our benefit.
7. REGISTERED USER CONTENT
As noted above, the Site provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. It is also understood and agreed by you that you shall have no expectation of privacy with respect to information that you exchange with other Registered Users via the Site’s messaging functions. For the avoidance of doubt, the content of such messages between you and other Registered Users may be monitored by Sharecube for compliance purposes as set forth in Section 4 above, but will not be disclosed to other Registered Users or made publicly available. YOU, AND NOT SHARECUBE, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH REGISTERED USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your User Name, name, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Site, Sharecube, and our other products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Sharecube that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to Sharecube the license to the Registered User Content as set forth above, and that it and its use by Sharecube and third parties as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.
In addition, if you are a Space Owner and you submit Registered User Content in the form of a Space listing, your submission constitutes a representation and warranty to Sharecube that you have the full right, power, and authority to offer the Space for rent through Sharecube and to collect money in connection with the rental of the Space through Sharecube.
8. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
9. NO WARRANTIES; LIMITATION OF LIABILITY
All Spaces are provided by the third-party Space Owners, and not by Sharecube; therefore, Sharecube has no control over, and hereby disclaims any and all liability arising out of or associated with, the condition, quality, safety, legality or suitability of any Space. SPACE OWNERS AND SPACE GUESTS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE ASSIGNS, SUBROGEES, REPRESENTATIVES AND ALL OTHER PERSONS OR ENTITIES ACTING FOR, BY OR THROUGH IT, HEREBY RELEASE AND FOREVER DISCHARGE SHARECUBE, ITS DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND INSURERS, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OF WHATEVER NATURE, CHARACTER OR DESCRIPTION, FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH THAT ARISE FROM, ARE RELATED TO OR ARE IN ANY WAY CONNECTED WITH ANY EVENT OR THE RENTING OR USE OF ANY SPACE. IN THE EVENT EITHER SPACE OWNER OR SPACE GUEST SUFFERS ANY LOSS TO PERSON OR PROPERTY, SUCH SPACE OWNER OR SPACE GUEST SHALL LOOK SOLELY TO ITS OWN INSURANCE COVERAGE, AND HEREBY WAIVES ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER THAT SPACE GUEST OR SPACE OWNER, OR ITS SUCCESSORS OR ASSIGNS, MAY HAVE AGAINST SHARECUBE.
YOU ACKNOWLEDGE THAT THE SITE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. THE SITE, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
10. EXTERNAL SITES; THIRD-PARTY VENDORS
The Site may contain links to third-party websites, including, without limitation, websites maintained or owned by other Registered Users or the websites of third-party vendors that may provide services complimentary to our Services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites. The External Sites are developed and provided by others, and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites or the third-party vendors highlighted on such External Sites, and we do not make any representations regarding the content or accuracy of materials on such External Sites or any such third-party vendors. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
11. INDEMNIFICATION; INSURANCE
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Site, or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your rental, booking, or use of a Space. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
Space Owners and Space Guests must maintain adequate general liability insurance against any claim or claims that might arise out of such Space Owner’s or Space Guest’s rental, booking, or use of a Space. Upon request by Sharecube, such Space Owner or Space Guest shall furnish an insurance certificate signed by an authorised agent evidencing such insurance coverage.
12. COMPLIANCE WITH APPLICABLE LAWS
The Site is based in Ireland. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Ireland. If you access or use the Site, the Content, or the Services from outside of Ireland, you do so at your own risk. Whether inside or outside of Ireland, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
14. CONTROLLING LAW
The Agreement and any action related thereto will be governed by the laws of Ireland.
15. DISPUTES & BINDING ARBITRATION
15.1 Disputes Between Users
Sharecube encourages all users to resolve disputes informally between themselves. Users should notify Sharecube of a potential User Dispute within 72 hours after an Event and document any damage, disputes, statements, or other material facts that may impact a User Dispute and impact the enforcement of any applicable term, policy, or provision. Disputes between users may be escalated through the following process:
- Stage One: Informal Dispute Resolution Between Users. You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (each, a “User Dispute”) in good faith through messaging via the Platform. If users are unable to mutually resolve the User Dispute, then either user may submit the User Dispute to Sharecube.
- Stage Two: If informal dispute resolution is not successful, a user may submit a User Dispute for review by submitting a written summary of the User Dispute, including any requested documentation, to Sharecube at support@sharecube.com. Users agree to cooperate and assist the User Dispute Team in good faith and to provide such information and take such actions as is requested by the User Dispute Team in connection with the User Dispute. The User Dispute Team will attempt to resolve the User Dispute through communication with the users. If users agree to a resolution, or if Sharecube determines in its sole discretion that a user is responsible for fees, damages, costs, refunds, or other amounts, you agree that Sharecube may collect such amounts from you pursuant to this Sharecube Terms of Use, any Booking Agreement, or any applicable policy. Users agree, upon Sharecube’s reasonable request, to participate in a mediation or similar dispute resolution process with the other user which process will be conducted by Sharecube or a third party selected by Sharecube.
15.2 Binding Arbitration
In the event of a dispute arising under or relating to the Agreement, the Site, the Content, or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Arbitration Act 2010. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final.
16. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. MISCELLANEOUS
If the Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of Sections 5 through18, which shall remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Additional Space Owner Terms
1. SPACE OWNER REPRESENTATIONS AND WARRANTIES
Space Owner hereby represents and warrants that (i) any and all information in any registration form is truthful and accurate, (ii) the Space is safe for purposes of any booked Event and conforms to all applicable laws, regulations, and codes, and (iii) it has the full right, power, and authority to offer the Space for rent through Sharecube and to collect money in connection with the rental of the Space through Sharecube. All representations and warranties run to the benefit of Sharecube and Space Guests.
2. EVENT RULES FOR SPACE OWNERS
Space Owner, not Sharecube, is solely responsible for obtaining any and all permits and/or approvals necessary to rent out a Space, to host Events, or to otherwise use the Services. Space Owner, not Sharecube, is solely responsible for paying all applicable taxes, levies, or fees with respect to providing use of a Space. Space Owner, not Sharecube, is responsible for obtaining and maintaining insurance policy or policies sufficient to cover the use of each Space offered via the Site. Sharecube reserves the right at any time to refuse to list a Space or cancel the listing of a Space or to remove a Space listing for any reason whatsoever. Space Owners agree that there shall be no recourse against Sharecube for exercising its right to refuse a listing, or for removing the listing of a Space from the Site.
3. CANCELLING A BOOKED EVENT
You must submit all cancellations through the Sharecube platform. Your cancellation of a booked Event is not effective unless and until you have requested the cancellation through your Sharecube account. You acknowledge and agree that any and all Transaction Fees (as defined below) are 100% non-cancellable and non-refundable.
You may only cancel one booked Event in any six (6) month period, and if you cancel any booked Event less than thirty (30) days prior to the Event Date, you will be charged a cancellation fee equal to the greater of €150 or fifteen percent (15%) of the Total Booking Fees (as defined below) for the cancelled Event, in addition to any Transaction Fees paid by the Space Guest (which Sharecube may refund to the Space Guest in its discretion). We will automatically deduct any applicable cancellation fees for which you are responsible from any fees or amounts owed by Sharecube to you.
4. PAYMENTS
Space Guests are required to pay all fees charged by the applicable Space Owner for use of the Space (“Usage Fees”), any transaction fees posted by Sharecube and applied to the booking (“Transaction Fees,” and, collectively with all other amounts due hereunder in connection with a booking, the “Total Booking Fees”). You agree that Sharecube may deduct all Transactions Fees, commissions, and other fees posted by Sharecube in advance of paying out any Usage Fees, or other amounts owed to you in connection with your use of the Services. By booking any Event, you also agree to the terms of service and privacy policy of Sharecube’s third-party payment processor.
Additional Space Guest Terms
1. SPACE GUEST REPRESENTATIONS AND WARRANTIES
Space Guest is responsible for (a) its own compliance, and the compliance of all individuals provided access to the Space in connection with an Event, with all laws, regulations, codes, Booking Terms, and terms and conditions of this Agreement and (b) leaving a rented Space in the same condition as it was found, excluding ordinary wear and tear. All representations and warranties run to the benefit of Sharecube and Space Owners.
2. EVENT RULES FOR SPACE GUESTS
Space Guest is authorised to use the Space to hold the Event solely in accordance with the Booking Terms and the description of the Event as set forth on in Space Guest’s booking enquiry, unless Space Owner gives Space Guest prior written authorisation for additional permitted uses. Space Owner shall have the right to enter the Space at any time and for any reason, including, without limitation, any emergency or threatened emergency that may pose a danger to the Space or an injury to any person in or near the Space.
Space Guest must take adequate measures to confirm the identification and age of those wishing to drink during the event taking place in the Space. It is illegal to serve alcohol to or purchase alcoholic beverages for a minor. NO INDIVIDUAL UNDER THE AGE OF 18 MAY PURCHASE OR CONSUME ALCOHOL IN CONNECTION WITH ANY EVENT.
All equipment, installations, decorations, and personal property of Space Guest or any of Space Guest’s service providers, guests or invitees must be removed from the Space by the conclusion of the Event. Unless otherwise agreed to in writing by Space Owner, any such equipment, installations, decorations, or personal property left in the Space after the Event shall be considered abandoned and may be disposed of by Space Owner accordingly. If any property or equipment is left in the Space after the designated end time of the Event, or if any individuals remain in the Space past such time, you may be subject to overtime fees in accordance with the Booking Terms.
Space Guest shall leave the Space in the same or similar condition as when Space Guest entered the Space. Space Guest shall be responsible for any damage caused to the Space during the Event, beyond ordinary wear and tear, and shall be responsible for any repair needed to remedy such damage. In the event that Space Guest does not satisfactorily remedy any such damage, Space Owner shall be entitled to make the necessary repairs at Space Guest’s expense. If any such charges exceed any agreed Security Deposit Space Guest shall reimburse Space Owner for any such repairs within thirty (30) days of receipt of Space Owner’s written request for reimbursement.
3. CANCELLING A BOOKED EVENT
You must submit all cancellations through the Sharecube platform. Your cancellation of a booked Event is not effective unless and until you have requested the cancellation through your Sharecube account. You acknowledge and agree that any and all Transaction Fees are 100% non-cancellable and non-refundable, except when otherwise designated in the Sharecube cancellation policy, and that the Usage Fees are refundable only to the extent designated by Space Owner’s cancellation policy.
Each booked Event will be subject to the cancellation policy designated by the applicable Space Owner. YOU WILL NOT BE ENTITLED TO ANY REFUND IN RESPECT OF CANCELLATIONS MADE NOT IN ACCORDANCE WITH THE APPLICABLE CANCELLATION POLICY.
4. EVENT AND TRANSACTION FEES; DEPOSITS
When booking any Event through Sharecube, you shall pay: (i) to Space Owner, any required Security Deposit for the Event; and (ii) to Sharecube, the full amount of all Usage Fees, as well as the Transaction Fees and any applicable taxes. Our third-party payment processor, Stripe, shall authorise your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the Usage Fees, Transaction Fees, and applicable taxes, and you hereby consent to the same. By booking any Event, you agree to Stripe’s terms of service and privacy policy, which can be found here: https://stripe.com/us/terms and https://stripe.com/us/privacy.
You must provide current, complete, and accurate billing and credit card information in connection with each booked Event. You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorised disclosure or use of your User Name or Password). If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
You agree that your approved payment facility may be charged after an Event for any damages or overtime fees chargeable to you in accordance with this Agreement and the Booking Terms.