Privacy Policy

Terms of Use for Participants

BY USING THE PLATFORM (AS THAT TERM IS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOUR SOLE RECOURSE IS TO CEASE USING THE PLATFORM. IF YOU ARE USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

The following terms of use (the "Terms of Use") govern your use of: (1) the ShareShed websites located at [INSERT URLs] (collectively, the “Website”), (2) any mobile device software provided by us to you through the Apple App Store, the Windows Phone Store, or Google Play, as applicable, to facilitate the matching of Guides (as defined below) and other users (each, a “Participant”) interested in retaining a Guide to perform services (the “Application”); and (3) all other services provided by ShareShed, as described on the Website or the Application (collectively, the "Platform”). These Terms of Use form an agreement between ShareShed Network Inc. ("ShareShed", “us”, “we”, “our”) and you. The term "you" refers to the person or entity visiting, browsing or otherwise using the Platform, or communicating with Guides registered with ShareShed (each, a “Guide”) for the purpose of finding a Guide to provide tour guide services and facilitating such tour guide services as Guide and Participant may agree between themselves (each, an “Adventure”). The Platform is provided solely to: (1) enable you to post information regarding yourself and your Adventure requests; (2) post reviews of Guides; and (3) facilitate communication with Guides with the objective of entering into an Adventure Agreement (as defined below) for the purpose of engaging in tour guide activities (collectively, the “Platform Services”).

Changes to these Terms of Use and Platform

Except where prohibited by applicable law, ShareShed reserves the right to change these Terms of Use at any time. Your continued use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly for any changes.

ShareShed reserves the right to change any information, material or content (including, but not limited to, details, features and availability of Platform Services, Guides, Guide Profiles, Adventures, and reviews of Adventures and Guides) contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice.

Use of the Platform

As a condition of your use of the Platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence; (2) you possess the legal authority to create a binding legal obligation on behalf of yourself; (3) you will use the Platform in accordance with these Terms of Use; (4) all information supplied by you on the Platform is true, accurate, current and complete; and (5) you will use the Platform Services only in accordance with applicable law.

ShareShed retains the right, at its sole discretion, to deny to anyone use of the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such use immediately upon request by ShareShed.

License Grants

Subject to these Terms of Use, ShareShed grants you a personal, revocable, non-exclusive and non-transferable license to permit you to access and use the Platform during the Term (as defined below) in accordance with these Terms of Use.

User Account

You may be required to register for a user account (the “User Account”) using the available interfaces at the Platform (“User ID”) in order to use all features available on the Platform and, in particular, to communicate with Guides through the Platform. ShareShed may, at its sole discretion, elect not to recognize your User ID or require you to provide additional information. You will keep your User ID secure using a password and will not share your password with anyone else. You will not collect or harvest any personal information of any other user of ShareShed, including without limitation account names or electronic addresses. ShareShed reserves the right to disable any User Account issued to you at any time in ShareShed’s sole discretion. If ShareShed disables access to a User Account issued to you, you may be prevented from accessing ShareShed, your account details or any Adventures that are associated with your account.

Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (1) ShareShed may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at ShareShed’s discretion, by email (at your current email address on file with ShareShed) or through the Platform; (2) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted, ceasing use of the Platform, and uninstalling and removing all local software components thereof.

Adventure Agreements with Guides

If you wish to request an Adventure on the Platform, you may be required to provide a valid and accepted method of payment to our third party payment processor. All disputes regarding charges to your method of payment are between you, the applicable Guide and such third party payment processor and ShareShed will in no way be responsible for the resolution of any such disputed charges.

If you select a Guide for an Adventure through the Platform, you may separately enter into an agreement with that Guide on such terms and conditions as may be agreed to between you and that Guide (“Adventure Agreement”). You understand that you are engaging directly with the Guide you select and not ShareShed, and that ShareShed is not a party to and will be in no way responsible for the performance of either you or the Guide under any Adventure Agreement. Without limiting the foregoing, you understand and agree that the Guide is not an employee of ShareShed. ShareShed does not make any representations or warranties of any kind in respect of a Guide or an Adventure Agreement and you acknowledge that ShareShed is not an agent or representative of you or any Guide. You are responsible for managing, inspecting, accepting and paying for services provided under an Adventure Agreement in accordance with the terms and conditions thereof. You also agree to act in good faith when negotiating and performing your obligations under each Adventure Agreement.

If you fail to perform your obligations under the Adventure Agreement, ShareShed at its sole discretion may suspend your User Account or prevent you from using the Platform. YOU ACKNOWLEDGE THAT SHARESHED DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR ACT AS A TOUR GUIDE AND ALL TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS.

Fees & Payment

You will pay ShareShed a fee of [X] in connection with each Adventure (the “Fee”). You will be responsible for paying such amount even if you cancel an Adventure after being matched with a Guide. The Fee set forth above to not include any payment processing fees assessed by our third party payment processors for which you will be solely responsible. By using the Platform Services, you authorize our third party payment processors to deduct and send directly to us and to Guides any amounts owed to us or Guides, as applicable, pursuant to these Terms of Use. Your use of the payment services provided by our third party payment processors may be subject to additional terms and conditions made available to you by such payment processors.

Reviews and Comments

By submitting content to the Platform, including without limitation any Guide or Adventure reviews, questions, comments, suggestions, ideas or similar information and any name you provide in connection therewith (collectively, “Submissions”), you grant ShareShed and its affiliates, a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, translate, distribute, publish, exploit, create adaptations and derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised. You acknowledge that ShareShed may choose to provide attribution of your Submissions (e.g., listing your name and city on a Guide or Adventure review that you submit) at our discretion, and that such Submissions may be used by ShareShed or shared with Guides and others using our Platform. You further grant ShareShed the right to pursue at law any person or entity that violates your or ShareShed’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are public and non-confidential. ShareShed takes no responsibility and assumes no liability for any Submissions posted or submitted by you. ShareShed has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. If you do not agree to the terms relating to Submissions in this Section, do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. ShareShed may take down any Submissions for any reason at any time without notice to you. You will not post or transmit to or from the Platform: (a) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity or privacy, or that would violate any applicable law; (b) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (c) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other intellectual property or proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform.

Ownership

ShareShed expressly reserves all rights in the Platform and all materials provided by ShareShed in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform, all materials provided by ShareShed in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with ShareShed (or third party suppliers, if applicable), and that the Platform and all materials provided by ShareShed hereunder are licensed and not “sold” to you.

Privacy Policy

Please review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use.

No Unlawful or Prohibited Use

You will not, without ShareShed's prior written permission, use the Platform and the Content for purposes other than the Platform Services. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any website; (2) access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in ShareShed’s discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in any Adventure, the Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any Adventures, including without limitation any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or an Adventure; (8) use the Platform or any Adventure or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by an applicable Adventure Agreement and only in the exact manner specified and enabled by therein; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content; (11) create adaptations, translations, or derivative works based on the Platform or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use of access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (13) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by ShareShed in its sole discretion.

Third Party Websites

The Platform may provide links to third party websites. ShareShed does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under ShareShed's control, and if you choose to access any such web site, you do so entirely at your own risk.

Viruses

The downloading and viewing of Content is done at your own risk. ShareShed cannot and does not guarantee or provide any warranties or conditions that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.

Communications Not Confidential

ShareShed does not guarantee the confidentiality of any communications made by you through the Platform. Although ShareShed generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that ShareShed cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform or any Adventures.

DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. SHARESHED DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARESHED DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, SHARESHED EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.

GUIDE AND ADVENTURE REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SHARESHED DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. SHARESHED MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC GUIDES OR ADVENTURES. WITHOUT LIMITING THE FOREGOING, SHARESHED MAKES NO GUARANTEES ABOUT ANY GUIDE’S ABILITY TO FULFILL ITS OBLIGATIONS WITH RESPECT TO AN ADVENTURE OR ADVENTURE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE SUITABILITY OF ANY GUIDE TO PERFORM ANY SERVICES IN A WORKMAN-LIKE OR PROFESSIONAL MANNER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHARESHED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND THE CONTENT (OR ANY PART THEREOF) WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL SHARESHED BE LIABLE, WHETHER BASED ON WARRANTIES, CONDITIONS, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SHARESHED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT OR ANY ADVENTURE AGREEMENT.

GUIDES MARKETING THEIR SERVICES THROUGH THE PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SHARESHED. SHARESHED IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY GUIDES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY ADVENTURES OR ADVENTURE AGREEMENTS ENTERED INTO BY YOU AND ANY GUIDES, INCLUDING, WITHOUT LIMITATION, IN RESPECT OF ANY LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES YOU MAY INCUR OR BECOME LIABLE FOR, WHETHER UNDER CONTRACT, COMMON LAW, STATUTE OR OTHERWISE, ASSOCIATED WITH THE TERMINATION OR CESSATION OF ANY ADVENTURES OR ADVENTURE AGREEMENTS FOR ANY REASON (COLLECTIVELY, “TERMINATION DAMAGES”). YOU AGREE TO RELEASE SHARESHED AND ITS OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES AND AGENTS FROM ALL LIABILITY IN CONNECTION WITH ANY DAMAGES THAT YOU OR ANY THIRD PARTY, INCLUDING ANY GUIDE, MAY BECOME ENTITLED TO IN RESPECT OF ANY ADVENTURE, ADVENTURE AGREEMENT OR USE OF THE PLATFORM.

THE FOREGOING LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SHARESHED IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION FROM AN ADVENTURE AGREEMENT OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO AN ADVENTURE AGREEMENT OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT EXCEED ALL FEES SHARESHED HAS COLLECTED FROM YOU UNDER THESE TERMS OF USE IN THE PRECEDING 12 MONTHS. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE YOUR MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Indemnification

You agree to indemnify ShareShed and its officers, directors, affiliates, successors, assigns, employees and agents in connection with any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising in connection with or as a result of:

(1) your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein;

(2) any Adventure Agreement between you and a Guide, and your participation or non-participation in all or part of an Adventure;

(3) your violation of any applicable law or the rights of a third party (including, without limitation, privacy or intellectual property rights); and

(4) your use of the Platform.

Geographic Application of the Platform

Not all of the Guides, Adventures and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law.

Governing Law and Jurisdiction

EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your use of the Platform or the Content, notwithstanding your domicile, residency or physical location. The Platform and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. You hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Platform or the Content.

Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between ShareShed and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ShareShed with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ShareShed's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right. Any waiver by ShareShed of a right or a provision hereof must be provided by ShareShed in writing.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein. If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties (such as the terms of an Adventure Agreement in respect of an Adventure), then these Terms of Use will prevail; provided that, if you are also a Guide registered on the Platform, the terms of use applicable to Guides will govern your relationship with ShareShed in that respect.