Terms and Conditions

Terms of Website Use, Privacy Policy and Acceptable Use Policy

THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) COLLECTIVELY KNOWN AS THE “TERMS” GOVERN ALL USE OF TEMPO SPACE INC.’s WEB SITE AND OTHER SERVICES AND CREATE A BINDING CONTRACT WITH THE YOU, THE USER. READ THEM CAREFULLY.

In order to make sure that the experience with Tempo Space is fun and safe for everyone involved, we've developed terms and conditions (“Terms”) which include:

 

A.         Standard Terms of Service

B.         Fees & Cancellation Policy

C.         Booking Procedures & Policies

D.         Waiver of Liability

E.         Rental Agreement between Owner and Renter

 

A. Standard Terms of Service

Each of the documents that make up the Terms are available at http://tempo.space or by contacting Tempo Space for a copy. By accessing using this website or any of our services (collectively the “Service or “Services”) or by downloading or posting any content from or on this website, via the application or through the Services, you are indicating that you have read, and that you understand and agree to be bound by the Terms, whether or not you have registered with this website and application.  Please carefully read these Terms and our Privacy Policy, which is incorporated by reference into these Terms (and is specifically addressed under number 15 of these Terms). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THIS WEBSITE, APPLICATION, OUR SERVICES, OR COLLECTIVE CONTENT.

 

1.         Definitions:

Spaces” mean pieces of real property or tangible personal property which are made available for rent through the Tempo Space web site and using Tempo Space's Services. Spaces include both residential and commercial property.

Tempo Space” “we”, “us” or “ourmeans TEMPO SPACE Inc., its officers and directors, employees and agents.

“Tempo Space Content” means all information on the Tempo Space web site, excluding that posted by Owners or Renters or by advertisers

Tempo Space web site” means http://tempo.space and the Content found at the site

Content" includes text, graphics, images, music, photos, audio, video information and any other materials appearing on the Tempo Space web site.

Fees” include all fees described in the Fees and Cancellation Policy and claims for reimbursement of damage or loss.

Listing” means a Space and the information about it that is listed by an Owner as available for rental via the Services.

Owner” or “Owner” means any person who wants to list, is listing or has listed a Space for rental using Tempo Space Services. For the purposes of these Terms, an Owner will include a lessee of real property with the right to sublet that property.

“Profile” means the account created on the Tempo Space website that is created by each Owner or Renter.  It includes public information which is available to the Users of the Tempo Space web site and private information which is available between Tempo Space, Renters and Owners as is necessary to facilitate the Services.

“Profile Content” means all Content that a Renter or Owner posts, uploads, publishes, submits or transmits to be made available on the Tempo Space web site.

“Renter” or “Renters” means any person intending to rent, is renting or has rented a Space using Tempo Space Services.

Tax” or “Taxes” mean any provincial and federal sales taxes (GST/PST/HST) as they are applicable to the financial transaction.

“User” means a person who is viewing or using the web site Content on the Tempo Space web page and includes Renters and Owners.

Website Content” means Profile Content and Tempo Space Content.

“You” means Renters, Owners, and Users

 

2. Role of Tempo Space

Tempo Space is a platform that introduces Renters who need short term retail space to Owners of Space. We make it easy for Renters to find space that suits their needs and for them to find an Owner with a suitable Space. If the Owner is happy then the Owner and the Renter will enter into a rental agreement directly. Tempo Space then collects the rental payments from the Renter, on behalf of the Owner.

While we ask Renters to provide information regarding their previous experience, it is always up to the Owner to decide whether to rent their Space to an individual Renter. Renters must satisfy themselves that the Space is suitable and that they want to rent from the Owner.  The agreement to rent the Space is directly between the Owner and Renter. You understand and agree that Tempo Space is not a party to any agreements entered into between Owners and Renters, nor is Tempo Space a real estate broker, brokerage, general agent or insurer of any party. You agree and understand that Tempo Space has no control over the conduct of Owners, Renters and other Users of its Services or the condition or suitability of any Spaces and has no liability in this regard. Tempo Space's role is limited to providing the Tempo Space website to facilitate the exchange of information between the Owners and Renters and to act as a limited agent strictly with respect to arranging payments between the Owners and Renters.

 

3.         Additional Terms and Conditions for Certain Services

Some of the Tempo Space Services may have different terms and conditions posted on the Tempo Space website or in other contracts, and they may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions relevant to a specific area of the Services, the latter terms and conditions will take precedence.

 

4.         Changes to the Terms

Tempo Space has the right to modify the Services and Terms without notice. By continuing to access or use the Services after we have posted a modification to the Terms or in regards to the Services, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We may notify Owners and/or Renters of changes to the Terms. Any notifications will respect all relevant laws and regulations regarding changes to online terms and communications with customers.

 

5.         Insurance Policy

Tempo Space recommends that Space Owners obtain appropriate insurance for their Spaces. Please review any insurance policy that you may have for your space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renters may invite to the space, if applicable) while Renters are at your property.

 

Tempo Space further recommends that Renters obtain appropriate insurance for the purpose of their rental of a Space.

 

Tempo Space may provide Renters with access to a reduced rate on certain short-term general liability insurance provided by an unaffiliated insurance company that provides Renters with general liability insurance coverage that may supplement their existing coverage, so long as the Renters are in compliance with this Agreement. In order for Renters to be eligible for this reduced rate, Renters may be required to opt into it by following the instructions provided to them by Tempo Space. As with any insurance policy, specific terms, limitations, and exclusions apply, including without limitation regarding the types of products and services that may be sold in order for coverage to apply.

 

Tempo Space will never act as an insurer, producer of insurance, broker, or brokerage firm.

 

THIS IS AN UNOFFICIAL SUMMARY OF INSURANCE COVERAGE AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS A FULL OR COMPLETE DESCRIPTION OF THE INSURANCE COVERAGE OR AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY. RENTERS AND OWNERS ACKNOWLEDGE THAT TEMPO SPACE IS NOT A LICENSED PRODUCER OF INSURANCE.

 

6. Paid Services

 

Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. For instance, Tempo Space may charge service fees for the technology and other services it provides. Tempo Space may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

 

No Refunds

You may cancel your Tempo Space account at any time; however, there are no refunds for cancellation after any charges have been incurred. In the event that Tempo Space suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Tempo Space Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

 

Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

Tempo Space will not calculate the applicable taxes on your behalf

 

Mobile Charges

You may use mobile data in connection with Tempo Space’s mobile software applications and/or sign up to receive certain Tempo Space notifications or information via text messaging. You agree that if you provide Tempo Space with your phone number, we may use it to contact you via voice calls or text messages or to enable other Users to contact you pursuant to the features or functionality of the Services. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

 

Payments

Unless otherwise agreed by the parties in writing, Tempo Space shall remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service, or as subsequently updated as permitted by the Services. Payments shall only be made in those months in which the amount due to you totals at least $100. Unpaid amounts due shall accrue until the next month in which the amount due is at least $100.

 

Tempo Space reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending Tempo Space’s reasonable investigation of such breach. Tempo Space also reserves the right to withhold payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment.

 

You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Tempo Space in writing within thirty (30) days of such payment or from when you purported such payment would have been due, whichever is earlier. Failure to so notify Tempo Space shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Tempo Space. No other measurements or statistics of any kind shall be accepted by Tempo Space or have any effect under this Agreement and you shall have no audit rights hereunder. We may withhold any taxes or other amounts from payments due to you as required by law.

 

Third-Party Material and Payment Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Tempo Space. Tempo Space does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website or service from the Service, you do so at your own risk, and you understand that this Agreement and the parts of the Terms that involve privacy do not apply to your use of such sites. You expressly relieve Tempo Space from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Tempo Space shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

7.  Service/ Mobile Rules

 

Service Rules

You agree not to engage in any of the following prohibited activities in connection with the Services: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Tempo Space servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Tempo Space  grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from tempo.space 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); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes except as set forth herein; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

 

Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Tempo Space Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Tempo Space Users. Any agreements you enter with another User are solely between you and that User, and Tempo Space is not a party thereto. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Tempo Space shall have no liability for your interactions with other Users or for any profile or content, or for any User’s action or inaction.

 

Mobile Rules

 

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Tempo Space does not warrant that the Mobile Software will be compatible with your mobile device. Tempo Space hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Tempo Space account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Tempo Space may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Tempo Space or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Tempo Space reserves all rights not expressly granted under this Agreement.

 

8.         Creation and Publication of Owner and Renter Content


We permit Owners and Renters to post, publish, submit or transmit Content. By making available such Content on or through the Tempo Space website, and Services, you grant to Tempo Space a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify, distribute, publicly display, broadcast, and otherwise exploit such Content through any means. Tempo Space does not claim any ownership rights in any such Content created by Owners or Renters and you continue to have rights to use and exploit any Content created by you.

You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Tempo Space the rights in such  Content, as contemplated under these Terms; and (ii) neither the  Content nor your posting, uploading, publication, submission or transmittal of the  Content or Tempo Space’s use of the  Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. If you breach this warranty, and a claim is made against Tempo Space, you will fully indemnify Tempo Space including legal costs on a solicitor and own client basis.

 

Users agree not to post Content to our Website or Services that:

- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

- may create a risk of any other loss or damage to any person or property;

- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

- may constitute or contribute to a crime or tort;

- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;

- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);

- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

- contains any information or content that you know is not correct and current or contains false or misleading information or a price that you do not intend to honour;

- breaches any agreements you have entered into with any third parties including without limitation any Intellectual Property Rights (as defined below) or rights of privacy; and
violates any applicable laws.

 

9. Our Proprietary Rights

 

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Tempo Space Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Tempo Space and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Tempo Space Content. Use of the Tempo Space Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Tempo Space under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Tempo Space does not waive any rights to use similar or related ideas previously known to Tempo Space , or developed by its employees, or obtained from sources other than you.

 

10. Deposits

 

Space Owners may choose if they require a security deposit from Renters, however Tempo Space is not responsible for administering or accepting any claims by Space Owners related to such deposits, and disclaims any and all liability in this regard.

 

11. Tempo Space Property

 

Certain aspects of the Service may allow you to obtain certain reputational or status indicators, such as ratings or reviews (“Tempo Space Property”). You understand and agree that regardless of terminology used, Tempo Space Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Tempo Space’s sole discretion. Tempo Space Property is not redeemable for any sum of money or monetary value from Tempo Space at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Tempo Space on Tempo Space servers, including without limitation any data representing or embodying any or all of your Tempo Space Property. You agree that Tempo Space has the absolute right to manage, regulate, control, modify and/or eliminate Tempo Space Property as it sees fit in its sole discretion, in any general or specific case, and that Tempo Space will have no liability to you based on its exercise of such right. All data on Tempo Space’s servers are subject to deletion, alteration or transfer.

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON TEMPO SPACE’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN TEMPO SPACE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. TEMPO SPACE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON TEMPO SPACE’S SERVERS.

 

12.         Termination and Tempo Space Profile Cancellation

 

We may, in our discretion and without liability to us, with or without cause, with or without prior notice and at any time: (a) terminate any of these Terms or your access to our Services, and (b) deactivate or cancel your Tempo Space Profile. Upon termination we will promptly pay you any amounts which we are legally obligated to pay you. In the event Tempo Space terminates any of these Terms, or your access to our Services or deactivates or cancels your Tempo Space Profile you will remain liable for all amounts due to Tempo Space or the Renter under these Terms. You may cancel your Tempo Space Profile at any time by contacting us. Please note that if your Tempo Space Profile is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Tempo Space website and Services, including, but not limited to, any reviews or feedback.

 

13.         Disclaimers

 

You use the Services at your own risk and agree that Tempo Space does not verify any information provided through the Services.  Services and content is provided “As Is” without any warranties, express or implied.  Tempo Space does not provide any warranties, including merchantability or fitness for a purpose, with respect to the Services. You are solely responsible for all of your communications with Users and Tempo Space.

 

14.         Compliance with the Law

 

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services and the rental of the Space. In connection with your use of our Services, you may not and you agree that you will not:

 

- violate any local,  provincial, or federal law or regulation, or any order of a court, including, without limitation, zoning restrictions;

 

- use manual or automated software, devices, scripts, other means or processes to access or extract Content contained on the Tempo Space web site;

 

- use the Services for any purposes that are not expressly permitted by these Terms;

 

- copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;

 

- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

 

- interfere with or damage our Content or the Tempo Space website directly or indirectly using means available through the internet;

 

- use our Services to post or transmit information about any other person or entity without their permission including but not limited to photographs of others, personal contact      information or credit, debit, calling card numbers;

 

- use our Services in connection with spam or advertisements unrelated to rental of privately owned vessels;

 

- harass any User or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Tempo Space Renter or Owner;

 

- offer, as an Owner, any Spaces that you do not yourself own or have permission to rent or a Space that may not be rented pursuant to the terms and conditions of an agreement  with a third party;

 

- register for more than one Tempo Space Profile or register for a Tempo Space Profile on behalf of an individual other than yourself;

 

- contact an Owner for any purpose other than asking a question related to booking such Owner’s Spaces or Listings;

 

- contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Services;

 

- when acting as a Renter or otherwise, recruit or otherwise solicit any Owner to join third party services or websites that are competitive to Tempo Space, without Tempo Space’s  prior written approval;

 

- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

- use the Services to find an Owner or Renter and then complete a booking of a Space transaction independent of the Services in order to circumvent the obligation to pay Fees  related to Tempo Space’s provision of the Services;

 

- as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

 

- post, upload, publish, submit or transmit any Content that, in Tempo Space’s sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark,  trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or  regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)  promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are  threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

 

- use, display, mirror or frame the Services, or any individual element within the Services, Tempo Space’s name, any Tempo Space trademark, logo or other proprietary  information, or the layout and design of any page or form contained on a page, without Tempo Space’s express written consent;

 

- access, tamper with, or use non-public areas of the Services, Tempo Space’s computer systems, or the technical delivery systems of Tempo Space’s providers;

 

- tamper with the Tempo Space website or the Content in a manner or for a purpose not permitted by the Terms

 

- attempt to test the vulnerability of any Tempo Space website or Services or breach any security or authentication measures.

 

You covenant, represent and agree that:

  • Use of Website and the Services is limited to those individuals and entities that can lawfully enter into and form contracts under applicable law. Every User who uses the Services hereby represents and warrants to Tempo Space that they can enter into and form binding contracts;
  • you shall be deemed to act as principal on your own behalf unless we have acknowledged in writing that you are acting as an agent on behalf of a disclosed principal and such agency relationship is acceptable to us.

 

15.        Violations

 

Tempo Space has the right to investigate violations of any of the above. Tempo Space may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Tempo Space has no obligation to monitor your access to or use of the Services or Content or to review or edit any Owner or Renter Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Tempo Space reserves the right, at any time and without prior notice, to remove or disable access to any Content that Tempo Space, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or to the reputation of Tempo Space.

16.       Privacy

 

Tempo Space is committed to protecting your privacy and keeping your personal details secure. Terms involving privacy can be found throughout these Terms. More terms involving privacy can be found at http://tempo.space/pages/privacy-policy.Any provisions at the following link are part of these Terms. By agreeing to the Terms, you hereby agree to abide by the provisions found at http://tempo.space/pages/privacy-policy

 

17.        Limitation of Liability

 

If, notwithstanding the waivers and exclusions from liability found in these Terms, Tempo Space is found to be liable to a User for any reason (other than a payment to an Owner or refund to a Renter which Tempo Space acknowledges in writing to be due and owing) the amount of Tempo Space’s total liability shall not exceed $250 (Two Hundred Fifty Dollars).

 

18.        Indemnification

 

You agree to release, defend, indemnify, and hold Tempo Space and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Services or Content or your violation of these Terms; (b) your  Content; (c) your (i) interaction with any User, (ii) booking or use of a Space, (iii) creation of a Listing or (iv) the use, condition or rental of a Space by you, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of a rental, booking or use of a Space including any claims made by third parties.

 

19.        Reporting Misconduct

 

If you interact with another User of the Services who you feel is acting or has acted inappropriately you should immediately report the details to Tempo Space providing us with the details.  However, your report will not obligate us to take any action beyond that required by law (if any) nor will it cause us to incur any liability to you.

 

20.       Entire Agreement

 

These Terms constitute the entire agreement between Tempo Space and you regarding the Services, Content, and any bookings or Listings of Spaces made using the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tempo Space and you.

 

21.        Assignment

 

You may not assign or transfer these Terms or a rental agreement by operation of law or otherwise, without Tempo Space’s prior written consent. Any attempt by you to assign or transfer these, without such consent, will be null and of no effect. Tempo Space may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

22.       Notices

 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tempo Space (i) by email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

23.        Controlling Law and Jurisdiction

 

These Terms and any dispute arising from the Services provided by Tempo Space will be governed by the laws of the Province of Ontario and Canada.  

 

24.       Dispute Resolution

For any dispute with Tempo Space, you agree to first contact us at support@tempo.space and attempt to resolve the dispute with us informally. In the unlikely event that Tempo Space has not been able to resolve a dispute it has with you after sixty (60) days, you and Tempo Space agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “ Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TEMPO SPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tempo Space 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Nothing in this Section shall be deemed as preventing Tempo Space from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.     

 

25.       Proprietary Rights Notices

 

The Services and Content including trademarks, logos, trade names and service marks are protected by copyright, trademark, and other laws of Canada and foreign countries.

 

26.       Waiver & Severability

 

The failure of Tempo Space to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tempo Space. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

B. Fees & Cancellation Policy

 

At Tempo Space, we discourage cancellations by Renters and Owners. But we also know that things come up that require you to cancel your booking. Here’s our cancellation policy for Renters and Owners.

Important: If the Renter and Owner reach a separate agreement, that cancellation policy takes precedent over Tempo Space’s policy and protection.

 

Cancellation Policy

 

An Owner may choose from the following cancellation policies:

 

1. Strict Policy

2. Firm Policy

3. Flexible Policy

4. Owner’s Policy

 

Here is the policy if you are a Renter or Owner and cancel a booking for which the Owner chooses the:

 

1) Strict Policy:


Within 7 days of booking, if more than 8 weeks before the booking start date


- All fees refunded to Renter
- No fees retained by Owner
- Service fees retained by Tempo

 

Less than 8 weeks before, more than 4 weeks before


If the Renter cancels

 

- The Renter will receive a refund of 50% of the funds
- The Owner will retain 50% of the funds
- Tempo retains all service fees

 

If the Owner cancels,

 

- the Renter will receive a full refund,
- The Owner does not retain any funds
- Tempo retains a 10% penalty to be paid by Owner and passed on to Renter as a Tempo Credit.

 

Less than 4 weeks before the booking start date

 

- If the renter cancels, the renter will not receive any funds
- If the owner cancels, the renter will receive a full refund and the owner will be charged a penalty of 10% which will be remitted to the Renter as a Tempo credit

 

2) Firm Policy:


Within 7 days of booking, if more than 4 weeks before the booking start date

 

- All fees refunded to Renter
- No fees retained by Owner
- Service fees retained by Tempo

 

Less than 4 weeks before, more than 2 weeks before

 

If the Renter cancels

 

- The Renter will receive a refund of 50% of the funds
- The Owner retains 50% of the funds
- Tempo retains all service feeds

 

If the Owner cancels,

 

- The Renter will receive a full refund,
- The Owner does not retain any funds
- Tempo retains a 10% penalty to be paid by Owner and passed on to Renter as a Tempo Credit.

 

Less than 2 weeks before the booking start date

 

- If the renter cancels, the renter will not receive any funds
- If the owner cancels, the renter will receive a full refund and the owner will be charged a penalty of 10% which will be remitted to the Renter as a Tempo credit.

 

3) Flexible Policy:


Within 7 days of booking, if more than 2 weeks before the booking start date

 

- All fees refunded to Renter
- No fees retained by Owner
- Service fees retained by Tempo

 

Less than 2 weeks before, more than 1 week before

 

If the Renter cancels

 

- The Renter will receive a refund of 50% of the funds
- The Owner will retain 50% of the funds
- Tempo retains all service fees

 

If the Owner cancels,

 

- The Renter will receive a full refund,
- The Owner does not retain any funds
- Tempo retains a 10% penalty to be paid by Owner

 

Less than 1 week before the booking start date

 

- If the renter cancels, the renter will not receive any funds
- If the owner cancels, the retner will receive a full refund and the owner will be charged a penalty of 10% which will be remitted to Renter as Tempo credit.

 

 

4) Owner’s Policy: Policy Agreed Upon by Owner & Renter:


If the Owner chooses this option, they will set their own cancellation policy. By agreeing to rent from that Owner, the Renter agrees to abide by the policy set by the Owner. Tempo Space will have no obligations and may have no knowledge of the particulars of this policy.

 

 

** If the Owner lists a Space under the Strict, Firm, or Freedom Cancellation Policy, the Renter and Owner may reach a separate agreement regarding cancellation. Any separate agreement between the Renter and Owner will take precedence and will supercede the policy chosen by the Owner on the relevant Space listing. Tempo Space may not have any knowledge of the particulars of this separate agreement.  Tempo Space will not be party to that separate agreement and will have no duties to any party to that agreement.**

 

We have endeavoured to explain the Fees as plainly as possible.  If you do not understand the fee structure, please contact us to explain the fees.



Taxes Generally

As Renter or Owner, you understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Tempo Space cannot and does not offer tax-related advice to any Users of its Services.  Tempo Space only collects and remits Taxes with respect to the Total Rental Fee and Booking Fee that is charged by Tempo Space.

 

It is the Owner’s responsibility to determine what sales or use taxes apply to any transactions conducted through the Services and to collect, report and remit the correct tax to the appropriate tax authority. Tempo Space is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such transaction.

Collection of Payments

To collect payments, Tempo Space uses Stripe and Paypal, third-party, secure online payments gateways. Both Stripe and Paypal are certified to PCI Service Provider Level 1, the most stringent level of certification. Your credit card information is kept safely with Stripe and Paypal and no sensitive information hits the Tempo Space servers.

By using Tempo Space, you agree for Stripe and Paypal to securely store and retrieve your personal credit information as depicted in the Stripe and Paypal terms of service.

Once your money is processed with Stripe or Paypal, it is deposited in a Meridian Credit Union account under the name of Tempo Space.

 

C. Booking Procedures & Policies

1.         Minimum Age

You must be 18 or older to use the Services.  By accessing or using the Services you represent and warrant that you are 18 or older.

2.         Renter or Owner Acting as Agent

If either the Renter or the Owner is a company or other entity other than a natural person, you warrant that you are its agent and have the authority to bind that company or entity and you guarantee the performance of that company or entity’s obligations under these Terms. If the Space is owned by a group, meaning more than one person or entity, you warrant that you are the group’s agent and warrant that you have the authority to bind that group and guarantee the perform of that group’s obligations. If you are acting on behalf of a company, entity or group, you must be able to provide written proof of your required authority upon request.

3.         Using the Services as Renter or Owner

To become a Renter or an Owner, you must create a Profile on the Tempo Space web site.  Owners create Listings on the Tempo Space web site for their Spaces. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Space or create a Listing, you must first register to create a Tempo Space Profile directly through the Tempo Space website or through a Social Media site.  It includes public information which is available to the Users of the Tempo Space web site and private information which is available between Tempo Space, Renters and Owners as is necessary to facilitate the Services.

 

4.         Compliance with our Rental Policies:

All Renters and Owners must comply with the following rental policies:

(a)        Compliance with Lease & Restrictive Covenants: All Owners and Renters must adhere to any lease and any restrictive covenant that govern the use of their Space.

(b)       Compliance with Legislation: All Owners and Renters must adhere to all relevant provincial and federal legislation.

(c)        Check out documentation: Prior to the Rental Period, Renters must document the general condition of the Space and submit such documentation to Tempo Space at info@ Tempo.Space

 

(d)        Maintenance and Repairs: The Renter is not responsible for routine maintenance and repairs in the Space.  The Renter will be held liable for the repair cost of all other repairs of damage to the Space during the Rental Period, and must follow the reporting, claims processing, and repair procedure set forth below for all such damage. The Renter is responsible for the actions of any persons who access the Space during the Rental Period, including any actions that result in damage to the Space.  The Renter must take care of the Space as if it were its own and take all reasonable measures to prevent damage to the Space.

 

(e)       No Liens: The Renter has no authority from Tempo Space or the Owner to incur debts against the Space and may not permit any liens to be placed against the Space.

(f)        Space Eligibility requirements:

Spaces listed by Owners must meet all of the following conditions:

  • Spaces must be well maintained

(g)        Check-in/Check-out: Prior to the rental, a check-in/check-out document supplied by Tempo Space must be completed and submitted to info@tempo.space prior to the Space handover.

(h)        Cleanliness: The Owner is responsible for making sure that the Space is clean at the start of each Rental Period and to report to Tempo Space within 48 hours of the end of the Rental Period if the Space is not clean upon its return to the Owner.

(i)        Failure to report Damage or Cleanliness within 48 Hours: If the Owner does not report on the cleanliness of or damage to the Space within 48 hours following the end of the Rental Period, it will be deemed that the Owner has no such claims and Tempo Space should return the Security Deposit to the Renter.

(j)         Damage to Spaces:  As a Renter, you are responsible for leaving the Space in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Space, or for failing to reasonably prevent third party damage to the Space. In the event that an Owner claims and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of repairing the Space or items to industry standards or replacing the damage with equivalent items without depreciation. After being notified of the claim, if you fail to satisfy the Owner’s claim or concerns within forty eight (48) hours, your security deposit may be held by Tempo Space to be used as part of the reimbursement due to the Owner.  If the cost to remedy the damage exceeds the security deposit, the net amount will be returned to you.  If the security deposit is insufficient to reimburse the Owner, you agree to pay the difference.  In the event of property damage, the Owner must submit documentation of damage to Tempo Space at info@tempo.space after the Owner and Renter have reached a written agreement as to the extent and nature of damage.

(k)        Resolving Damage Claims:  Both Renter and Owner agree to cooperate with and assist Tempo Space in good faith, and to provide Tempo Space with such information and take such actions as may be reasonably requested by Tempo Space, in connection with any complaints or claims made by Users relating to Spaces or any personal or other property located at a Space or with respect to any investigation undertaken by Tempo Space or a representative of Tempo Space regarding use or abuse of the Tempo Space web site or the Services. If you are a Renter, upon Tempo Space’s reasonable request, you agree to participate in mediation or similar resolution process with a Space Owner, which process will be conducted by Tempo Space or a third party selected by Tempo Space to resolve damage or other claims which may arise between an Owner and Renter.

5.        Owners and Renters Profiles

We will assist you in creating your Tempo Space Profile for your use of the Services based upon the personal information you provide to us or that we obtain through a third party social media accounts ("TPA").  You must agree as follows:

  • You may not have more than one (1) active Tempo Space Profile.
  • You must provide and maintain accurate, current and complete information to Tempo Space, in your Content, Tempo Space Profile and to Users who make inquiries.
  • Tempo Space reserves the right to suspend or terminate your Tempo Space Profile and your access to the Services if:
    • you create more than one (1) Tempo Space Profile; or
    • you provide information which is not accurate current or complete
    • 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 your Tempo Space Profile, whether or not you have authorized such activities or actions.
    • You will immediately notify Tempo Space of any unauthorized use of your Tempo Space Profile.

 

6.         Registration through a Social Media Profile

  • You may also register to join by logging into your Profile with certain TPAs, as described above. You may link your Tempo Space Profile with TPA, by providing your TPA login information to Tempo Space through the Services or by allowing Tempo Space to access your TPA, as is permitted under the applicable terms and conditions that govern your use of each TPA. You represent that you are entitled to disclose your TPA login information to Tempo Space and/or grant Tempo Space access to your TPA (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable TPA and without obligating Tempo Space to pay any fees or making Tempo Space subject to any usage limitations imposed by such TPA providers. By granting Tempo Space access to any TPA, you understand that Tempo Space will access, make available and store (if applicable) any Content that you have provided to and stored in your TPA (“TPA Content”) so that it is available through your Tempo Space Profile. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the TPA you choose and subject to the privacy settings that you have set in such TPA, personally identifiable information that you post to your TPA will be available on and through your Tempo Space Profile. Please note that if a TPA or associated service becomes unavailable or Tempo Space’s access to such TPA is terminated by the TPA service provider, then TPA Content will no longer be available on and