IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
The Service. The Entr Website (collectively, the “Platform”) provides a marketplace for individuals and entities who own or have the legal right to license or otherwise grant rights in respect of either commercial or residential properties (“Hosts”) to connect with individuals and entities who wish to license such commercial or residential spaces (“Listed Properties”) on a short-term basis. (“Guests”) (the “Service”).
You understand and acknowledge that Entr only provides a marketplace for connecting Hosts with Guests. We do not own, sell, furnish, lease, provide, re-rent, manage, control or otherwise make available any of the properties listed on the platform. We are not real estate agents or brokers, and We do not act as brokers or agents for any of the Hosts who list Listed Properties on the Platform.
Eligibility. You must be at least eighteen years old to register for the Services. If You are registering as a Host, You must have the authority and capacity to enter into valid, legally binding license contracts in respect of the Listed Properties that You are listing on the Platform. If You are registering for the Services as a Guest, You must also have a valid payment method, and have the authority to enter into license agreements in respect of the Listed Property You are seeking to license.
Listing Properties. Once You have registered for the Platform You can start listing Listed Properties. In order to list a property, You must provide information about the Listed Property’s availability, location, property fees, size, capacity, amenities, and additional terms governing the access to and use of the space such as whether a security deposit is required, and whether there is a minimum booking term. You can also provide a description of the space, and upload photos of the Listed Property. Entr reserves the right, but is under no obligation, to review all proposed Listed Property listings, and We reserve the right, in our sole discretion, to refuse to list any Listed Properties. Hosts are prohibited from providing personal information or any contact information on the Host’s page for the Listed Property, and are further prohibited from accepting any personal information or other contact information from Guests.
It is Your sole and exclusive responsibility to ensure that any the terms of any license or other grant of rights to use any and all Listed Properties You list on the Platform comply with the terms of Your own lease agreement with Your landlord (if any), and/or with any building code requirements, zoning regulations, bylaws and any other contractual or statutory rules, regulations and obligations. By posting a Listed Property on the Platform, You hereby represent and warrant that You have the necessary authority, and have all necessary rights and permissions to list such Listed Properties for the uses indicated in Your posting, on the terms set forth in your posting and that no listing on the Platform, or license or grant of rights in respect of a Listed Property to a Guest or the use of the Listed Property in conformance with the specifications set forth in the listing information will cause You or any Guest or other third party to be in breach of any contractual obligation or in violation of any applicable laws, regulations or rules including lease agreements, building code rules and municipal by-laws. If you are unsure about whether you have sufficient rights to the property to list it on the Website, we strongly encourage you to consult your landlord, or a lawyer.
Booking Properties. Once You have registered for the Platform You can search for Listed Properties, either by searching a specific city or neighborhood, or by browsing properties listed on the Platform. Once You find a Listed Property You are interested in, You can check its availability on the listing page, and contact the Host through the in-platform messaging feature. In order to book a space, You may be required to agree to additional terms set by the Host listing the Listed Property, such as a cancellation policy, or rules governing the use of the Listed Property. Guests are prohibited from sharing any personal information or other contact information with Hosts, and are further prohibited from accepting any such contact information or personal information from Hosts
Insurance. All transactions that You enter into with Hosts You connect with on the Platform are solely between You and such Host and not You and Entr. Entr is not responsible for any damages caused to any Listed Property.
User Complaints. We are not responsible for the behaviour, acts or omissions of users of the Platform If You feel that another user has threatened, harassed or otherwise acted in an inappropriate manner, including by leaving an offensive or obscene review, You may notify us of this conduct. We will take appropriate steps as necessary to review and respond to Your complaint. By submitting a complaint You acknowledge and agree that We may disclose Your identity to the user in question in order to follow up directly with You in regards to Your complaint.
Fees and Payments:
Security Deposits. If requested by the Host, Guests will be required to pay a security deposit . This security deposit will be fully refunded upon completion of Your license term, provided that there is no damage to the Listed Property. If a Hosts requires that a security deposit be withheld at the end of a licensing term, the Host has forty-eight (48) hours to notify Entr that the security deposit must be withheld. If We don’t receive any such notification from a Host, the right to claim from the security deposit is forfeited, and We will refund the security deposit to the Guest.
Entr Service Fees; Processing fees. Entr charges a service fee to Hosts for providing the Platform. The amount of the service fee varies depending on the value of the transaction, and will be indicated to You at the time the transaction is processed. In addition to the service fees listed on the service fees page, We also charge a flat fee of four percent (5%) to Guests, in consideration for processing the booking in addition to the fees for the Listed Property. WeSapce reserves the right to change our fees at any time, for any reason without notice.
Payments. You are responsible for providing valid and accurate payment information. Most payments may be made by credit card on the Platform. You must submit Your payment information to our merchant account payment gateway provided and hosted by Stripe.
Taxes. Users are solely and exclusively responsible for determining their own tax liabilities, and for paying all applicable local, provincial, state, federal or international taxes, duties, levies and other similar charges (including sales tax and value-added tax) accruing or arising in connection with the licensing of any Listed Properties on the Platform.
Fraudulent Transactions. Entr will not be responsible for any transactions between Guests and Hosts occurring via the Platform, including, without limitation, fraudulent transactions. Without limiting the generality of the foregoing, Entr reserves the right, but is under no obligation, to investigate any transactions or Listed Properties that We have a good faith reason to believe are or may be fraudulent or otherwise illegal and to suspend or refuse to process such transactions. We also reserve the right to work with authorities in respect of any actual or suspected fraudulent or illegal transactions. If You challenge a transaction or payment, You agree that You will assist us in complying with any laws and card or financial institution rules or policies.
Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Platform by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Entr, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service.
License of Content. By submitting, posting or displaying User Content on or through the Service, You grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Entr will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit.
Advertising. You acknowledge and agree that the Platform may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Platform, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Entr shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Platform and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).
Data Fees and Equipment. You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website or Platform, including without limitation, the purchase of a mobile device, a data plan, computer and internet fees. It is Your responsibility to ascertain whether any information or materials downloaded from the Platform are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ENTR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (I) LOSSES NOT CAUSED BY OUR BREACH; (II) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USERS. INCLUDING GUESTS AND HOSTS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OF EXPENSES RESULTING THEREFROM; (III) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF GUESTS OR HOSTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM; (IV) INDIRECT LOSSES WHICH MEANS LOSS TO YOU WHICH IS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHERE WE COULD NOT HAVE REASONABLY ANTICIPATED THAT TYPE OF LOSS ARISING AT THE TIME OF ENTERING INTO THIS AGREEMENT, INCLUDING INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES; (V) FAILURE TO PROVIDE OR TO MEET ANY OF OUR OBLIGATIONS UNDER THIS AGREEMENT WHERE SUCH DELAY, CANCELLATION OR FAILURE IS DUE TO EVENTS BEYOND OUR CONTROL (E.G., A NETWORK FAILURE, INTERNET DELAYS, REROUTING ACTS OF ANY GOVERNMENT OR AUTHORITY, ACTS OF NATURE, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, WEATHER, OR ROAD CONDITIONS AND BREAKDOWNS); (VI) IF FOR ANY REASON, ALL OR ANY PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD; (VII) COST OF PROCUREMENT OF SUBSTITUTE GOODS; (VIII) ANY DAMAGES TO PERSONAL PROPERTY ARISING FROM BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE; AND (IX) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE PLATFORM OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM. THESE LIMITATIONS SHALL APPLY EVEN IF ENTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Entr LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Entr IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If You have any questions about these Terms or if You wish to make any complaint or claim with respect to the Entr, please contact us at: firstname.lastname@example.org