PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS A SECTION GOVERNING THE JURISDICTION AND VENUE OF DISPUTES. THESE TERMS OF SERVICE ALSO CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS HOW DISPUTES WITH OUR COMPANY MAY BE RESOLVED.
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY SAID PROVISIONS.
Information about us
TheStorefront.com is owned and operated by PopUp Immo, Inc., Corporation (hereafter referred to as "Storefront", “The Company,” "we", "us", or "our"). Storefront is an online marketplace connecting commercial spaces with commercial projects. Storefront offers a website facilitating short-term commercial rentals between Space Owners and Occupants. The commercial spaces available on our website are not operated by Storefront. Storefront only acts as an intermediary. The site allows users to connect, agree on applicable terms and then enter into a comprehensive, legally-binding agreement tailored to users’ particular needs.
Preface
The terms and conditions laid out below set out the use of our Services and Space-Sharing Agreements facilitated by the Services. Your use and access of the Services and Content signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms herein referenced.
By using our Services you agree and understand that Storefront is not a party to any license, lease or similar Space-Sharing Agreements entered between Members (Space Owners and Occupants). Storefront disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
Storefront has no control over the conduct of Members and other users of its service and disclaims all liability in this regard to the maximum extent permitted by Law.
Storefront reserves the right, at our sole discretion, to change these Terms of service and applicable conditions at any time. Members are advised to review these Terms on a regular basis to keep informed of any changes.
Definitions
“Communication” means an email, message via the Site, Application, or text message.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Occupant” means a Member who requests from a Space Owner a Booking of a Listing via the Site, Application or Services.
“Space” means an area of privately owned or privately licensed property.
“Space Owner” means a Member who creates a Listing via the Site, Application and Services, and represents to have an interest in the listed Space such that they may collect payments for rental or use of the Space. “Space Owners” includes owners, landlords and their agents, including authorized sublessors, as well as Space Owners’ brokers who have been authorized to negotiate and/or collect payment for rental or use of the Space on the owner’s behalf.
“Space-Sharing Agreement” means any agreement between a Space Owner and an Occupant for any use, rental or transfer of any property interest in a Space that was enabled by the Site or Service, whether or not the terms of the agreement are articulated in a license or lease contract.
“Listing” means a page on the site that depicts and describes a Space that is available for use or rental, listed by a Space Owner for Booking via the Site, Application, and Services
“Member” means a person who completes Storefront’s account registration process, including but not limited to Occupants and Space Owners.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Storefront promotional campaign to be made available through the Site, Application or Services.
“Services” means the Site and any related services provided to Members by Storefront, including assistance by Storefront’s employees, such as communications in-person and/or via phone, email, texts and messages through the Site. It also includes any activities undertaken by Storefront at the request of Members.
“Site” means all webpages in the domain name www.thestorefront.com, and any related websites under the control of Storefront, Inc., including Content, APIs, email notifications, applications buttons, and widgets.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Using Our Services
The terms and conditions laid out below set out the use of our Services, including our Site. Information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Site will be collectively referred to as Content. Your use and access of the Services and Content signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms herein referenced.
These Terms of Service refer to the additional terms in our Privacy Policy Statement, which also apply to your use of our Services. Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Europe for storage, processing and use by us. In providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and of your Storefront account, which you may not be able to opt-out from receiving.
Conditions of Use
You hereby agree that you will not:
- Use our website and/or the commercial offering in our website for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on Storefront or any Space Owners.
- Use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites;
- Upload content or items that are lewd, inappropriate, or of a sexual nature;
- Violate any laws, rights of third party or our policies;
- Change or interfere with other users' listings;
- Upload false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Transfer your Storefront account or user ID to another party without our consent;
- Distribute or upload spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Storefront, or the interests or property of Storefront users;
- Copy, modify, or distribute any content from the Storefront sites, including application code, user-generated content such as listings, and copyright and trademark materials, unless Storefront and any other parties with rights to the content has given you express written consent to do so.
- You will not impair the normal operation of the network;
- You will not try to harm the Website or Applications in any way whatsoever;
- Violate the Covenant Against Circumvention, detailed below.
You also agree and acknowledge that:
You understand that Storefront may access communications sent or received by you on Storefront’s platform for development, security, quality assurance and other business purposes;
You understand and acknowledge that by booking through Storefront, you agree that Storefront may market your event through its website or its social media accounts. Should you choose to opt out of Storefront’s co-marketing efforts, you may do so by notifying Storefront by emailing legal@thestorefront.com more than 15 days prior to your event.
Storefront may, at any time and without prior notice, remove or disable any users’ access to the site, or any Listing or other user-generated content, for any reason, including content that Storefront, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our Website, Phone Application or Services.
General Covenant Against Circumvention:
By using our Services or by reviewing the information on our site, you agree that you shall not tender or receive rental payments of any kind, directly or indirectly, or enter into any real estate related agreement or transaction that would create or result in a lease, sale or license to use any land or property, with respect to properties found or parties contacted on the storefront’s website, unless you have done so through Storefront's platform or you have obtained express prior written consent of the Storefront or its authorized agents. This restriction shall survive termination of this agreement for a reasonable period of thirty-six (36) months thereafter.
In the event a user breaches this covenant not to circumvent Storefront, user understands that Storefront would be damaged and suffer lost profits that would be hard to appraise and therefore user acknowledges that Storefront may at its sole discretion elect to hold user responsible for liquidated damages in the form of an indemnification amount which shall be equal to three times the total amount Storefront would have been entitled to had the transaction occurred on its site and in compliance with its rules. User acknowledges that such amounts shall be due immediately upon said breach. Joint and several liability for breach under this provision may apply to any and all users, either Space Owners or Occupants, based on Storefront’s sole discretion and assessment of the conduct of the parties and the circumstances of circumvention.
Changes to our Services
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
We make no representations, warranties or guarantees, whether express or implied that our Services or any content on our site is accurate, complete or up-to-date.
Accessing our Services
We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
Storefront provides the Service as a platform and its responsibilities are limited to: (i) facilitating the availability of the Site, Mobile Software and the Service to allow Members and Space Owners to transact and communicate directly with one another, and (ii) serving as a limited payment collection agent. Storefront does not take part in Occupants- Landords’ transactions or communications, other than to the limited extent set out in these Terms of Service. Each Member is solely responsible for assessing the suitability of any commercial space it is considering using. Storefront has no control over the quality, suitability or availability of any commercial space, or over the reliability, integrity or conduct of any Member.
If the Platform or this Agreement provides professional information or recommendations (for example, legal, insurance, financial or real estate), such information is for informational purposes only and should not be construed as professional advice. No decision or other action should be made on the basis of such information and no fiduciary or other privileged relationship exists between you and Storefront. Storefront recommends that you seek the advice of a licensed professional qualified to provide advice in such areas.
Your account and password
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Storefront cannot and will not be liable for any loss or damage arising from your failure to comply with the above. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
If you know or suspect that anyone other than you knows your password, you must promptly notify us at contact@thestorefront.com.
Your license to use the Services Storefront gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Storefront, in the manner permitted by these Terms of Service.
Our Intellectual property rights
All intellectual property rights subsisting in respect of the Services belong to Storefront or have been lawfully licensed to Storefront for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
Your rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Storefront for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Storefront or other companies, organizations or individuals who partner with Storefront may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Storefront will not be responsible or liable for any use of your Content by Storefront in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Limited liability and warranty
Please read this section carefully since it limits the liability of Storefront and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Entities of Storefront). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
Your access to and use of our Services is at your sole risk and is provided "as is", "as available" the services are for your personal use only and the entities of Storefront make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non- infringement.
The entire liability of the entities of Storefront entities and your exclusive remedy with respect to the services or otherwise, is re-performance of defective services. In jurisdictions, which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. Storefront does not endorse, warrant or guarantee any material, product or service offered through our services or us. Storefront is not and will not be a party to any transaction between you and any third party.
The Entities of Storefront shall not guarantee or assume any responsibility that:
- The information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
- The information presented in our Services is free of defect, error, omission, virus or anything, which may change, erase, add to or damage your software, data or equipment;
- Messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
- Access to the Services will be available or be uninterrupted;
- Use of the Services will achieve any particular result; or
- Defects in the Services will be corrected.
Without limiting the generality of the foregoing, in no event will the Entities of Storefront be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of Storefront has been advised of the possibility of such loss or damages.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements
Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at contact@thestorefront.com. No such lack of response shall be deemed to constitute any acquiescence or waiver. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Commentary and other materials posted on our site should not be interpreted as advice on which reliance should be placed. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We disclaim all liability arising from any reliance placed on such materials by any visitor to our site, and/or anyone informed of any of its contents.
Content copyright policy
Storefront respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is contact@thestorefront.com.
Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Storefront its users and the public.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Storefront’s computer systems, or the technical delivery systems of Storefront’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Associated Links
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
Third party links
The links from the Services may take you to other sites or services and you acknowledge and agree that Storefront has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Storefront on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Storefront and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
Booking Through Storefront
Space Owners
If you (“Space Owner”) use the Services on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to these Terms and to act on behalf of such company with respect to any actions you take in connection with the Services and, in such event, “you” and “your” will refer and apply to that company or other legal entity. If you post listings, accept Occupant’s bookings, or similarly represent that you have an ownership interest in a particularly property, you represent and warrant that you possess an ownership interest in that property, or are authorized to act on behalf of someone who possesses such an interest. You agree to respond promptly and completely to requests from Storefront for additional information that Storefront deems necessary to determine your authority to act on behalf of a company or organization. Storefront may suspend or terminate your access to the Services and your account if Storefront has reason to believe that you are not authorized to act on behalf of a company or organization for whom you claim to be acting in connection with the Services.
As a Space Owner, you may create Listings. You will be required to provide information about the commercial space to be listed including location, capacity, size, features, availability of the commercial space, pricing and related rules and financial terms. Unless you specifically request that your Listing(s) be kept offline, your Listing(s) will be made publicly available via our Website, Phone Application and Services. Other Members will be able to book your commercial space via the Website, Phone Application and Services based upon the information provided in your Listing. You understand and agree that once an occupant requests a booking of your commercial space, the price for the booking may not be altered. If you request that your listing be kept offline, Storefront will keep your listing information in its internal database, and contact you if your property may be suitable for a particular renter’s needs.
Storefront does not require exclusivity or restrict your opportunities to list your space with any broker or similar online marketing platform. However, in consideration for Storefront’s investment in marketing your space, by creating a Listing with Storefront you agree to adjust your Listing price as necessary to ensure that it is not advertised as available at a lower price for short-term rental on any competing platform for popup retail space.
By creating a Listing you represent and warrant that:
- You have sufficient rights in and to the commercial space to participate in the Service as a Space Owner, and your participation in the Service as a Space Owner will not violate any law or regulations or result in the breach of any agreement between you and any third party, including any lease agreement or other agreement relating to the space;
- Any space you offer for bookings through Storefront is free of any known conditions or defects that would pose a hazard to or risk the safety of any occupant Member;
- Any space you offer for bookings through Storefront is in a safe condition and in compliance with applicable laws, regulations, zoning and building requirements;
- By creating a Listing or booking through Storefront, you are not violating any lease or other agreements relating to space or any building policies, and you are solely responsible for and shall indemnify Storefront against any fines, losses or other liability arising from such violations;
- By creating a Listing or booking through Storefront, you are not violating any applicable laws, tax requirements, rules, and regulations that may apply to any commercial space included in a Listing you post.
By creating a Listing you agree:
- To respond promptly and completely to renters’ inquiries and questions, as well as requests from Storefront for additional information that Storefront deems necessary;
- To provide accurate and up-to-date information about the commercial space to be listed including location, capacity, size, features, availability of the commercial space, pricing and related rules and financial terms;
- To immediately notify Storefront in writing of any planned work (renovation, shopfitting, landscaping or other) regardless of who is performing and/or the duration of such work, when such work has any impact on the commercial space, including but not limited to work affecting the visibility, area, capacity, availability and/or occupants’ access to the commercial space;
- That you are responsible for any and all Listings you post, and the bookings, occupancies or tenancies that you host.
Please note that Storefront assumes no responsibility for a Space Owner’s compliance with any applicable laws, rules and regulations. Storefront reserves the right, at any time and without prior notice, to limit or disable a Space Owner’s access to the site, including by removing Listings for any reason, such as Listings that Storefront, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our Website, Phone Application or Services.
You understand and agree that Storefront does not act as an insurer or as a contracting agent for you as a Space Owner. If an occupant requests a booking of your commercial space and occupies your commercial space, any agreement you enter into with such occupant is between you and the occupant and Storefront is not a party thereto. Notwithstanding the foregoing, Storefront serves as the limited authorized agent of the Space Owner for the purpose of accepting payments from occupant on behalf of the Space Owner and is responsible for transmitting such payments to the Space Owner. Each Space Owner is responsible for determining applicable Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in their Listings.
You acknowledge and agree that, as a Space Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at the commercial space at your request or invitation. In this regard, if the Space Owner has failed to inform Storefront and the Occupant in writing of the existence of planned work or work in progress at the Space made available on the Platform, and the Space has been booked by said Occupant without knowledge of such planned work or work in progress, the Space Owner agrees to fully refund any License Fee or other sums collected in exchange for the use of the Space (including any Service Fee that the Occupant has paid to Storefront) in the event that said Occupant wish to cancel its reservation for this reason, regardless of the specific terms of the Cancellation Policy that would otherwise apply. Storefront recommends that Space Owners obtain appropriate insurance for their commercial spaces. Please review any insurance policy that you may have for your commercial 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 whether or not your insurance policy will cover the actions or inactions of occupants (and the clients the occupants invite to the commercial space, if applicable) while at your commercial space.
By renting your space through Storefront, you agree to carefully document the condition of the space shortly before any renters take occupancy and after they vacate the premises. Failure to document the condition of the space may preclude a space owner's claim against damage deposits or insurance policies.
You further acknowledge and agree that in all Space-Sharing Agreements, you will abide by the Cancellation Policy, Security Deposit Policy, Commonly Restricted Uses Policy.
Occupants
If you (“Occupant”) use the Services on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to these Terms and to act on behalf of such company with respect to any actions you take in connection with the Services and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You agree to respond promptly and completely to requests from Storefront for additional information that Storefront deems necessary to determine your authority to act on behalf of a company or organization. Storefront may suspend or terminate your access to the Services and your account if Storefront has reason to believe that you are not authorized to act on behalf of a company or organization for whom you claim to be acting in connection with the Services.
By using our Website, Phone Application, Services you agree that:
- You will abide by the terms of the license agreement that you enter into with the Space Owner of any space you book through our site, whether this agreement is Storefront’s Standard License Agreement or a custom lease or license entered into between you and the Space Owner.
- You understand that the information in listings on our site, including photos and other representations, are not guaranteed to be current or accurate. You are advised to arrange a site visit before booking any space to confirm that it meets your needs. Storefront is not responsible for any discrepancy between a Space Owner’s listing and its actual space.
- That in the event that you have visited the Space and have made a booking after the visit, you are deemed to have ensured and agreed that the Space conforms to your needs and expectations, and you agree that any request for cancellation or refund for an alleged non-compliance may be declined by the Space Owner, and such dissatisfaction will not be grounds for cancellation without penalties that may apply based on other provisions of these Terms or any applicable lease or license agreement.
- You will only use the commercial spaces booked through our platform for lawful purposes. You will not use our website and the commercial offering in our website for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on Storefront or any Space Owners.
- You will not make excessive noise in the commercial spaces booked through Storefront.
- You will not use Storefront’s commercial Spaces for fraudulent purposes or for creating, processing or storing any unlawful material.
- You will not install, remove or modify any fixtures, equipment, machinery or appliances in the commercial spaces you are booking, unless such removal has been specifically authorized by the Space Owner.
- You are responsible for leaving the commercial Spaces you are booking in a clean and tidy condition, and for removing any garbage or debris that has resulted from your use of the space.
- You will obtain any necessary permits required for your event. You agree and acknowledge that neither the Company nor any Space Owner is responsible for such permits. You agree that you will submit timely applications for such permits and ensure that your event conforms to the requirements and limitations imposed by any applicable permitting process and regulation.
- Neither the Company nor any Space Owner is responsible for any property you may leave behind in a commercial Space you just booked. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a commercial Space.
- You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to the commercial Spaces and items therein during your use thereof.
- You may be held liable (and do hereby authorize the Company to charge you) for any items, which are taken from the commercial Spaces.
- You will not create a nuisance to or trespass upon the adjacent and nearby properties or the property of cotenants to the space you book through Storefront.
- Your use of the commercial Spaces through Storefront constitutes a limited, non-exclusive, non-transferable license on the terms set out herein, unless otherwise agreed-to in a signed, written agreement between you and the Space Owner.
By submitting an inquiry on our site, you acknowledge and agree that Storefront may, at its sole discretion, undertake additional efforts to help you find a space as part of its concierge service. A Storefront representative may contact you for more information about your event, or may reach out to space owners for space details and availability on your behalf, including space owners with spaces not actively listed on the Site.
Cancellation Policy
Cancellations by Space Owners
After a booking is made with Storefront, a Space Owner may cancel at any time, subject to the following terms:
- Should the Space Owner cancel before the Move-In Date, Space Owner shall refund to the Occupant (i) any and all funds received under this Agreement; (ii) refund to the Occupant Storefront's fee which have been paid by the latter to Storefront.
It is expressly mentioned that Storefront's fee will be kept by Storefront.
- Should the Space Owner cancel on the Move-In Date or at any time thereafter, it shall only do so with thirty (30) days prior written notice to the Occupant, and Space Owner shall pay to Occupant all of the following: (1) a refund, at a pro rata amount, for all days less than the full term which the Occupant cannot occupy the Space due to the Space Owner’s early termination; (2) a sum recognized as Early Revocation Damages for costs related to the Occupant’s being forced to vacate the premises prematurely, equal to a pro rata amount for all days less than the full term which the Occupant cannot occupy the Space due to the Space Owner’s early termination. This sum will equal the refund required provided in (a) of this Section but paid in addition to the refund; (3) a fee equal to 20% of the total amount due under this agreement to recompense the Occupant of the Storefront’s fee, which shall not be refunded.
Cancellation by Occupants
After a booking is made with Storefront, an Occupant may cancel within twenty-four hours after booking, or any time more than thirty (30) days prior to the Move-In Date, subject to the following terms:
- Should the Occupant cancel thirty (30) days or more in advance of the Move-In Date, Occupant shall be entitled to a 50% refund of it’s License Fee (the amount paid under the booking except for Storefront’s Service Fee).
- Occupants may not cancel less than thirty (30) days before the Move-In date, or after their Move-In Date. They must pay the full License Fee and Service Fee, regardless of whether or not they occupy the space.
It should be noted that the above-referenced cancellation restrictions may not be applicable in certain situations noted in these Terms, including but not limited to cases where the Space Owner has failed to notify the Occupant of planned work or work in progress affecting the commercial viability of the Space.
Mutual Cancellation
After a booking is made with Storefront, an Occupant and Space Owner may mutually agree to cancel the booking at any time. In such cases, any license agreement, lease or similar agreement should be rescinded. All funds transferred as part of the booking should be refunded, except Storefront’s Service Fee, which will be retained by Storefront.
Rescission in Special Circumstances
Storefront reserves the right to allow limited rescission (non-mutual cancellation) of bookings in special circumstances caused by natural disasters, epidemics, political crises, armed conflicts and other instances of force majeure or Acts of God.
Storefront will announce application of this policy and related terms and conditions as such circumstances arise. The temporal or regional applicability of the policy will generally be contingent on the designations provided by government authorities or NGOs. For example, intergovernmental, national, territorial or state-level declarations of States of Emergency may trigger limited application of this policy, under the terms and conditions promulgated by Storefront as such situations arise. The policy may rely on similar crisis designations issued by the World Health Organization (WHO), the U.S. Centers for Disease Control and Prevention (CDC), or the United Nations.
In such special circumstances, Storefront may announce that, pursuant to this policy, any license agreements, lease or similar agreement may be rescinded at the request of one party, and all funds transferred as part of the booking should be refunded. Where applicable, Storefront’s Service Fee may be refunded as well. Notwithstanding the foregoing, Storefront cannot guarantee that Listing Owners will comply with such policies and refund any license fees or deposits that have already been tendered, and Storefront does not warrant such compliance. Storefront will not reimburse Renters for Listing Owner’s failure to refund license fees or deposits in such circumstances.
Alternative Cancellation Terms Agreed to by Parties to a Booking
Notwithstanding the foregoing standard cancellation terms, Occupants and Space Owner can agree to alternative cancellation terms which, if made in writing, shall supersede Storefront’s standard cancellation terms, except with regards to Storefront’s Service Fee. In the event no specific terms to cancellation have been agreed upon in writing by an Occupant and a Space Owner, Storefront’s standard cancellation policy shall govern.
In any case, both Space Owners and Occupants are discouraged from cancelling and Storefront might, at its discretion, disable your account or delist your commercial space following a cancellation.
Storefront has the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted.
Default Lease
Storefront strongly recommends that for all bookings made on its site, Space Owners and Occupants sign a license or lease to structure the terms of their space-sharing agreement. However, should the parties to a Space-sharing Agreement made through Storefront fail to draft and sign a written agreement prior to Move-In, but without either party expressing an intention to cancel the agreement, the terms of the following Default Commercial Space License Agreement shall govern the transaction: