Terms of Service

This is a really important legal document. It is very important that you carefully and thoroughly read this whole document, because it sets out your rights (and ours). Here, we set out the terms and conditions (the “Terms”) that govern all use of www.Spaceful.ca and all of Spaceful’s services, including any apps for your phone or tablet. These Terms form the storage agreement between us as warehouseman and you as the depositor. You (and we) are bound by the terms of this Agreement.

You understand that the term “the Services” means the storage of Your Stuff in our warehouse. The term “the Services” also includes the administrative and logistical services related to the storage of Your Stuff (including, but not limited to, scheduling, transportation, customer service, and security that may be provided us or our agents, representatives and subcontractors). The term “the Services” does not include any arrangement (in any capacity) of services not related to storage.

Throughout this Agreement, we will be referring a lot to all of your items that you store with Spaceful (“Your Stuff”). To keep things short, sweet and clear, when we have to refer to any individual box, bin, oversized item, or piece of furniture (i.e., not all Your Stuff, but one individual container) that we are storing for you, we’ll call each of those an “Item”.

Please be advised: These Terms contain provisions that govern how claims that you and Spaceful have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Spaceful to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

Any Spaceful services you have signed up for will be automatically extended for successive renewal periods of the same duration as the term originally selected, at the then-current non-promotional rate. TO CHANGE OR RESIGN YOUR PAID SERVICES AT ANY TIME, YOU MUST ARRANGE FOR THE DELIVERY OF ALL OF YOUR STUFF; IF YOU TERMINATE AUTOMATIC RENEWAL, YOUR ACCOUNT WILL BE SUBJECT TO THE “CANCELLING YOUR ACCOUNT” SECTION BELOW. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, UPON ANY TERMINATION OF THIS AGREEMENT, Spaceful WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

YOUR USE OF Spaceful

ELIGIBILITY

ELIGIBILITY

While corporate accounts for Spaceful are available, individual users must be real live natural persons over the age of eighteen (18) years and competent to enter into contracts in their own name. You can’t be using Spaceful for someone else. You must provide us with your legal name (i.e., the name that matches the one on your government-issued ID). You must be the owner of all property that you store with us. No one else can have an ownership interest in the property. In executing this Agreement you represent (or “warrant”) that you are the sole owner of the property to be stored with us and have the right to store the property. You further warrant that no third party has a lien on the property that you store in Spaceful.

You will only use Spaceful for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. You will only use Spaceful in a manner that complies with all laws that apply to you. If your use of Spaceful is prohibited by applicable laws, then you aren’t authorized to use Spaceful. We can’t and won’t be responsible for your using components of the Spaceful service in a way that breaks the law.

Spaceful may agree to accept payments made on your behalf from a third party, at your request. Even if there is a third party making payments for you, you shall remain fully liable for all of your obligations to Spaceful. Absent a separate written agreement signed by Spaceful, such a paying party shall not become a third party beneficiary or have any rights to Your Stuff or any rights under this agreement.

ELECTRONIC CONTRACT

You agree that your order for the Services, made by clicking the “Reserve for free” button (which is your electronic signature), is your agreement to conduct transactions with us electronically, and is your affirmative consent to our use of an electronic record to provide or make available to you (whichever is required) any information required by any statute, regulation, or other rule of law to be in writing with respect to any transaction conducted with us. You will be responsible for any printing or storage of electronic records for your files and reference. When you place the order, our confirmation of your order will constitute our signature on this electronic agreement. We will send you our electronically signed confirmation when Your Stuff has been received into storage, and you clicking the "Reserve for free" button also will serve as your electronic acknowledgement of receiving the service. You agree that your acknowledgement of receiving your payment receipt, will constitute your electronic signature on the document, and your acknowledgement that you were provided reasonable time to review our terms and conditions. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or this agreement.

TRANSFER

Your rights under our Policies are not assignable, transferable or sublicensable without Spaceful’s prior written consent. Spaceful may transfer, assign or delegate its rights and obligations under our Terms without your consent.

PRIVACY

Spaceful takes the privacy of its users very seriously. For the current Spaceful Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at [email protected].

LOCAL SERVICE

Spaceful is a local service, and the way that we provide the Services related to the storage of Your Stuff will depend on the locations where Your Stuff is located at the time you initiate the Services (your “Local Service Area”). Your Local Service Area is determined by the Canadian Postal code of the address you provide to initiate and effect the Services in accordance with our list of Service Zones.

The Services and operating hours of our warehouses may vary by Service Zone at the sole discretion of Spaceful. Spaceful will have the right to use variable pricing based upon Service Zones given the varying costs of materials and resources in certain Service Zones. Your Local Service Area will impact the prices Spaceful charges for the Services (as laid out in our Standard Pricing). You may request the provision of Services outside your Local Service Area, however, Spaceful, may provide such Services at a variable price to be determined by Spaceful and approved by you prior to delivery. You understand and agree that Spaceful is under no obligation to store Your Stuff in a specific location, but you will always have access to Your Stuff through our website.

PICK-UP AND DELIVERY AREA

Spaceful currently serves the Montreal area. Spaceful may currently be able to help in other areas. Other regions outside Montreal will require the prior written approval of a Spaceful representative and are subject to additional charges.

OUR WEBSITE AND APPS

All content included on Spaceful (and the software that runs it) is the property of Spaceful or Spaceful’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content.

We own or license all content on our website and Application (defined below) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not access or use (in any fashion, where use is interpreted as broadly as possible) content on Spaceful without the express prior written consent of the respective owners.

Subject to these Terms and your compliance therewith, we grant you a limited non-exclusive, non-transferable, non-sublicensable license solely to access, display and use Spaceful for your personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.

THINGS YOU CAN'T DO WITH Spaceful

No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor Spaceful, or bypass or circumvent Spaceful’s navigation or structural presentation.

You agree you won’t hack or try to hack our systems. You will not accept or try to gain unauthorized access to Spaceful data, any part of Spaceful, or to any other systems or networks connected to Spaceful or to any Spaceful server. This includes hacking, phishing, cracking, or any other illegitimate means. You agree you won’t use Spaceful in violation of any law, rule, or regulation. You agree you won’t try to scan or test the vulnerability of Spaceful, try to breach our security or authentication measures, or generally try to bypass our security.

You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to Spaceful.

You promise not to do anything that could impose an unreasonable or disproportionately large load on Spaceful or the systems it is connected to and runs on.

You agree not to decompile, reverse engineer, copy, modify, creative derivative works, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to Spaceful.

You agree not to manipulate raw TCP/UDP streams or engage in other unauthorized conduct at the bit level. You will not forge headers or attempt to disguise the origins of messages or packets. You will not call our headquarters pretending to be someone else.

Spaceful reserves the right to bar any additional activities that could be injurious to Spaceful or its users. You will comply with any updated prohibitions.

WHAT HAPPENS WHEN YOU BREAK THE RULES

You are responsible for everything you do involving Spaceful. To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless (and all of our employees, affiliates, directors, officers, or anyone else we promise to similarly hold harmless) from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from: (i) violation of our Terms, or (ii) the items you store with us.

Spaceful may terminate your Spaceful account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to 30 days advance written notice (unless you waive your rights to such notice). In these circumstances.

If we terminate your account for cause (such as violation of our Terms, or Privacy Policy), we will notify you of the termination, and you will have 30 days to collect Your Stuff at your cost via Spaceful, subject to our Standard Pricing.

Notwithstanding our lien law rights or other applicable Terms, if you have placed specific items in Spaceful in violation of our Terms (including our Storage Rules) that may contaminate other items, put Spaceful or the property of other customers at risk, or in any way pose a risk to human health, Spaceful reserves the right to (i) terminate your account and/or (ii) quarantine or dispose of those items at your expense with no compensation owed to you. Where feasible, Spaceful will attempt to contact you to arrange for quarantine (at your expense) or another way of resolving the hazard raised.

CANCELLING YOUR ACCOUNT

You can begin the process of closing your account at any time by contacting Spaceful support. (Any fees for delivery or a Minimum Commitment will still apply). You must arrange for any administrative costs (as set out in this Agreement) related to the discontinuance of the Services. You must continue to pay us your rent until all of Your Stuff has been returned to you.

YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY

STORAGE RULES

We have rules about what you may or may not store as part of Your Stuff. These Storage Rules are part of the Agreement. If you are found to be in violation of the Storage Rules, you will be in breach of this Agreement. Spaceful may refuse to store any Item at the sole discretion of Spaceful, even if that Item is not expressly forbidden by the Storage Rules.

These Storage Rules specifically mention the storage of fragile items, valuables, and other special items. The policies outlined in the Storage Rules are an integral part of this agreement. You agree to be governed by these policies.

PACKING YOUR STUFF

Proper packing is essential to a good experience with Spaceful. How you pack Your Stuff determines both the condition that it will be returned in and the limitations on our liability if something is damaged. To ensure proper handling, small items (anything small enough to fit into one of our bins) should be packed into a bin or box that is 3 cubic feet or larger. We reserve the right to refuse to accept any loose Item, or we may require that you purchase Supplies and/or use our bins for such items.

When packing into our bins, we strongly recommend you use our complimentary bin liner bags to improve your experience and avoid additional fees at your delivery.

If you elect to use our packing services, including the use of our bins, we share responsibility for safely and securely packing your items.

Unless you elect to use our packing services, you are responsible for safely and securely packing each Item (or otherwise protecting it with packing supplies and moving blankets). This includes packing Your Stuff so that it will not be damaged during the provision of the Services. You understand that the Item will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up an Item, you are making the statement (i.e., you “represent and warrant”) that the Item has been packed appropriately and is sturdy enough for the Services related to storage. You agree that Spaceful is not responsible for any damage caused by or arising from your failure to properly pack your Item. We reserve the right to refuse to accept any Item that appears insufficiently sturdy or too poorly packed for the Service related to storage, or we may require that you purchase Supplies and/or elect to use our Packing Services and/or waive or further limit our liability for the Item before we will store your Item.

For your safety, the wellbeing of our Operations team members, and the care of your belongings, we recommend packing no more than 35 pounds of your personal property into any single box, bin, or other container, including containers provided by Spaceful. We reserve the right to refuse to accept any Item that we reasonably believe weighs more than 50 pounds. We also reserve the right to re-pack, or ask you to re-pack, any Item for our safety or for the safety of Your Stuff.

The preceding weight restriction does not apply to some furniture or other Items that are designed to be moved by more than one person. However, we may refuse to accept such Items that we reasonably believe to weigh more than 100 pounds.

If you have questions about how the weight restrictions might apply to Your Stuff, please contact our Customer Support team well in advance (and at least 24 hours before) your appointment.

GETTING READY FOR YOUR APPOINTMENT; BEING PRESENT AT APPOINTMENTS

Before your first appointment with Spaceful, and from time to time afterwards if they change, you may be required to explicitly agree with the Terms. In addition, each time you (or your designee) give any Item to Spaceful, it confirms that you have agreed to these Terms.

Before an appointment, you may also be required to verify your identity online or in person, in a manner determined by Spaceful and communicated to you prior to your appointment. It is your responsibility to verify your identity. Depending on the nature of your appointment, Spaceful may ask you to confirm your appointment in advance by contacting you via the email or phone number in your online profile. It is your responsibility to respond and confirm your appointment, to accurately update details to the appointment, including but not limited to the Services to be rendered, the inventory of items subject to the Services related to storage, and our ability to access your home.

Please make sure that your pickup will happen in a safe environment. This includes locations with evidence of contamination or infestation by bed bugs or other pests.

It is your responsibility to be home (or at the designated location of your appointment) or to otherwise make arrangements so that we can initiate the Services related to the storage of Your Stuff when you request a Spaceful appointment (in any form).

You must be packed and organized before we initiate the Services. Appliances like AC units and refrigerators must be unplugged and dry. TVs and artwork should be removed from the wall. Cords should be coiled. We‘re not responsible for any damage to larger items that we deem to have not been properly packed, wrapped, or otherwise prepared for storage. Please make sure there is a clear path to the street. Spaceful employees cannot remove doors from hinges or make other environmental alterations related to its provision of the Services.

If your building requires a Certificate of Insurance (“COI”) for Spaceful to complete the Services, it is your responsibility to contact Spaceful and request a COI at least two (2) business days in advance of your appointment.

If your building requires reservations for service elevators or loading docks, or other advance notice or preparations, it is your responsibility to make such arrangements.

If an appointment is delayed or its duration is extended due to your lack of preparation, applicable service fees will apply to the time we are delayed (delays caused by you are considered “on the clock”).

At its sole discretion, Spaceful or its employees may choose to cancel or decline to complete your appointment if you fail to be prepared for any reason enumerated above, including but not limited to your failure to state your agreement to the Terms or verify your identity in a manner satisfactory to Spaceful, failure to confirm your appointment and its details, failure to provide a safe working environment, failure to be home for an appointment, failure to be packed and provide access to Your Stuff, failure to request a required COI, and failure to reserve loading docks or service elevators. In addition, Spaceful or its employees may choose to cancel or decline to initiate work on the Services if such completion would be outside of our typical operating procedures; if we have reason to believe you do not intend to use the Services in accordance with these Terms or meet your payment obligations; if we observe evidence of police action, unrest, criminal activity, or eviction; or for any other reason.

If an appointment is cancelled or rescheduled after the free cancellation period, Spaceful will charge you a cancellation, no-show, or rescheduling fee, as outlined in our communications to you when you scheduled the appointment.

Spaceful (including its employees, agents, representatives or subcontractors) shall not be liable to you if Spaceful or its employees, agents, representatives or subcontractors discontinue provision of the Services for any reason.

If you request an appointment outside of your Local Service Area, a third party may assist in the provision of the Services. It is your responsibility to coordinate with the third party, to abide by their policies, and pay any fees owed to them due to the circumstances of the appointment, including but not limited to any administrative fees related to the provision of the Services.

CHANGE OF ADDRESS

In the event your email address, residence address, mailing address, billing address and/or phone number changes, you must update your online profile within ten (10) days of the change. Changes of e-mail address, or residence address, mailing address, and/or billing address changes cannot be made by any other method, including but not limited to email or by telephone. We are not responsible if you don’t receive a notice from us because your address changed and you did not update your online profile. You represent and warrant that you are the owner of any cell phone or mobile phone number contained in your online profile, and that you shall remove any cell phone or mobile phone number contained in your online profile if you surrender that number or transfer it to any other person. You further agree that we may contact you using any of the information contained in your online profile, including any listed cell phone or mobile phone number.

RIGHT TO ENTER, INSPECT AND MOVE YOUR STUFF

As a standard part of our service, we will photograph each Item in storage. Spaceful may (but is not required to) photograph any Item multiple times, including before and after it is wrapped and protected for storage. Spaceful may open Spaceful bins to take overhead shots of the content before they are stored. Spaceful does not open other sealed containers for the purposes of providing photographs as part of our standard service. Spaceful (and its agents, representatives, and subcontractors) reserve the right to open and inspect any Item in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods or violation of Storage Rules, or upon your default (see “Default” below) under this Agreement. Should Spaceful (or its agents, representatives, and subcontractors) receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove any seal from the relevant Item(s), allow your Item(s) to be searched, and, if applicable, the Item or its contents to be seized. Should Spaceful (or its agents, representatives, and subcontractors) receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.

In furtherance of the Services to you, we will store Your Stuff at our warehouse facility; however, you acknowledge and agree that at any time while you are storing Your Stuff with Spaceful, we shall have the right, at our sole discretion, to move Your Stuff to another warehouse facility in Canada. In any event, you will have the right to view a photo inventory of Your Stuff and information on the condition of Your Stuff at any time at our website. Any decision by Spaceful to move Your Stuff will not affect your financial obligations to us during the course of your time storing with Spaceful.

TEMPERATURE & CLIMATE CONTROL

We will use commercially reasonable efforts to maintain the temperature of the facility in which your Items are stored between 13°C and 30°C. We will take commercially reasonable steps to protect your items from the growth of mold or similar microorganisms.

PROPERTY DISPUTES

Absent a court order or binding arbitration ruling, Spaceful will not release any of Your Stuff to someone else that claims they own it. However, Spaceful will not “take sides” in a property dispute. If anyone approaches Spaceful directly with a claim that they are the true owner of some or all of Your Stuff, we will provide them with a form to fill out under penalty of perjury that sets out their claim. As part submitting that form, the person claiming ownership of some or all of Your Stuff must agree to indemnify Spaceful (including its employees, agents, representatives, and subcontractors) and you for all costs that result from their claim if it is wrong, and they must agree to offer you the option to arbitrate (without Spaceful as a party) to resolve the claim, with the loser to pay the winner’s attorney’s fees and costs.

If they agree to these terms, we will provide you a copy of their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, Spaceful will take no further action — the matter is yours to resolve (although you will now have the option of a loser-pays arbitration). You have 30 days to dispute the claim of ownership. If you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property.

PROTECTION COVERAGE

Spaceful offers basic protection during transportation at a maximum of 0.60$ per pound of items in transit or in transport. If you wish to purchase additional insurance, give us a call at 514-548-3015 or email us at [email protected] and we will be able to help you.

INDEMNIFICATION

To the fullest extent permitted by law, you shall indemnify and hold Spaceful (including its employees, agents, representatives, and subcontractors) harmless from any loss incurred by Spaceful and its agents in any way arising out of Your Stuff and your use of Spaceful.

WAIVER OF SUBROGATION

Any insurance carried by us or you is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty that is covered by its own insurance and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.

MISSING PAYMENT

In the case of missing payment or non-payment, Spaceful has the right to withhold or dispose of Your Stuff under this agreement within 90 days of the termination date. Spaceful will, in good faith, try to contact you by phone, email and registered mail to collect missing payment(s) or resolve the situation. All past due accounts incur a 15% late fee on the total amount owed.

TERM AND RENT

The period of time that this Agreement is in effect is called the “term”. The term begins when you sign or accept this Agreement and will continue on a month-to-month basis until terminated.

You shall pay rent to Spaceful according to the Storage Plan and the Services you use. Rent must be paid when it is due, or you’ll be subject to a Delinquency Fee, denial of access, and ultimately a lien sale (see “Default” below). Rent must be paid in full, without any deductions, without prior notice or prompting from us. Rent is not refundable. The rent amount you must pay is the sum of the full amounts set out in the Pricing that apply to your Storage Plan, including rent arising from the Minimum Commitment, plus any fees for the Services, plus any applicable sales and other taxes imposed by any taxing authority.

Update

Any request to access or correct your personal information and any questions or comments you may have with respect to our privacy policy must be sent to Spaceful by mail or email using the following contact information:

Contact Information

Any request to access or correct your personal information and any questions or comments you may have with respect to our privacy policy must be sent to Spaceful by mail or email using the following contact information:

Spaceful Technologies Inc.

7240 Waverly #110

Montréal, Québec

Canada, H2R 2Y8

[email protected]

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