Terms & Conditions
Please read these terms and conditions (the “Terms”) carefully before accessing, using, or obtaining materials, information, products, or storage services from us. By using our website and accessing our platform (collectively the “Platform”), you agree to be bound by these Terms, our Privacy Statement found here, and our Cookie Policy found here If you do not accept all of these Terms, then you may not use our Platform or storage services.
For the purposes of these Terms “we”, “us”, “our” refers to Pyrethra Inc. or “Pyrethra” having its offices at 4551 Zimmerman Ave, Niagara Falls, Ontario L2E 3M5 Canada and where “you” or “your” refers to you, the user of our Platform and storage services.
We may modify these Terms for any reason from time to time by posting a revised version of these Terms on our Platform. These changes do not affect any rights and obligations that arose prior to the changes.
If you object to any subsequent revisions of these Terms or become dissatisfied with our Platform, your only recourse is to terminate the use of our Platform and our storage services.
1. We Do Not Own, Sell or Rent Storage Space
Our Platform is a business to business and person to person reservation system that matches customers in search of location specific storage space and for storage providers (our “Partners”) in search of renters to rent for profit independently owned and operated storage spaces in a location of choice. Pyrethra does not provide on site storage services or storage physical spaces nor does Pyrethra control any of the products and storage services by our Partners you can access through our Platform.
Your interaction with our Partners through our Platform is at your own risk. Pyrethra does not bear any responsibility should anything go wrong with your reservation and use of our Partners storage spaces. Our Partners may have their own specific terms and conditions in order to rent their storage spaces, and you also agree to understand those terms and conditions and those terms and conditions including any privacy policies apply to your reservation.
Our Platform hosts certain information and content including pricing and availability of our Partner’s storage spaces throughout Canada. Pyrethra is in no way responsible for the accuracy, timing, and completeness of such information or content displayed by our Partners through our Platform.
2. Making a Reservation
If you make a reservation for storage space with one of our Partners using our Platform, that reservation is made with that Partner named on the contract and our Platform only acts as a user interface. Accordingly, we have no responsibility for the reservation or the storage services because we are not involved in the creation of the description of the storage space of our Partners, in defining the price and any fees, or in providing the storage services that you reserve. If you have any issues or disputes with our Partner, you agree to address and resolve these with the Partner providing the storage space and not with us.
3. Your Reservation Information
If you use our Platform and our storage services to reserve any storage space from any of our Partners you are solely responsible for your reservation information and other content (for the purpose of these Terms the “Information”) that you upload transmit or share with us or others on or through our Platform, and you represent and warrant that you are not transmitting or sharing any Information that you do not have permission to share. It is your responsibility to back up copies and replace any Information you provide us at your expense.
When you provide us with Information, or make a reservation using our Platform, you authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of your Information. By providing us with your Information, you represent and warrant that you have the right to give us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license, inclusive of the right to sublicense, to use, copy, modify, reformat, translate, syndicate, and distribute your Information that we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works or as incorporated into other works that Information. You may remove your Information from our Platform at anytime, but the license you granted will remain in effect. You understand that we do not control nor are we responsible for reviewing your Information, however we reserve the right to review, edit, or delta any of your Information or your account at any time.
4. Use of our Platform, Website, and Storage Services
You may use our Platform to set up an account with us if you are of sufficient legal age to enter into a binding agreement. If you open an account using our Platform and make a reservation for storage space with one of our Partners you are responsible for maintaining the secrecy of your passwords, login, and account information.
You are responsible for the use of our Platform and anyone using your password and login information, with or without your permission, and anyone who you allow access to your account. If you have reason to believe that your account is no longer secure you must promptly change, your Information as necessary.
All Information that you provide to us must be accurate and up to date. If any of your Information changes, you must immediately update your account.
If you allow us to send you text messages about our storage services and other types of communications from us directly to your mobile device, we are not liable for data sent to your mobile device that is associated with an outdated mobile phone number.
If you install any software or enable any service that stores data from our Platform and/or your account on any mobile device or computer, it is your responsibility, prior to transferring or disposing of such device or computer, to remove your Information or otherwise disable access to such software in order to prevent unauthorized access to your Information or account.
You may use our Platform for legitimate search purposes, you may not use our Platform to make any false, fraudulent, or speculative reservations or any reservations in anticipation of demand.
In addition, you agree not to do any of the following without our prior expressed written permission:
- Access our Platform with any manual or automated process for any purpose other than your personal use or for inclusion of our website pages in a search index;
- Use any automated system or software to extract data from our Platform for commercial or non-commercial purposes;
- Violate the restrictions in any robot exclusion headers on our website or bypass or circumvent other measures employed to prevent or limit access to our Platform;
- Deep link to any portion of our Platform for any purpose;
- Use any device, software or routine that interfaces or attempts to interfere with the normal operation of our Platform or take any a action that imposes an unreasonable load on our computer or network equipment;
- Reproduce, duplicate, copy, sell, trade, resell or exploit our Platform;
- Use any feature of our Platform for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us in our sole discretion;
- Post or distribute any material on our Platform that violates the rights of any third party or applicable law;
- Use our Platform to collect or store personal data about others;
- Use our Platform for any commercial purposes; or
- Transmit any ad or promotional materials on our Platform.
You further agree not to:
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Circumvent, disable, or otherwise interfere with security-related features of our Platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of our Platform or any other content;
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Impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
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Provide false or deceptive information;
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Solicit personal information from other persons or entities using our Platform;
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Delete, add or otherwise change other people’s user information and/or content;
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Remove or alter any copyright or other proprietary notices on or in connection with any content on our Platform;
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Publicly disparage anyone in connection with or using our Platform and/or content; and
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Publish or post threats of violence or hate speech or promote or encourage others to engage in violence or hate or any illegal activity.
5. Intellectual Property
Pyrethra owns all of the text, images, trademarks, service marks, and all other material associated with our storage services and/or contained on our website except user content. You may not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark, and other proprietary rights notices presented on our website must appear on all copies you print. All other content; whether product or services; that appears on our website belongs to those respective Partners and/or third parties and may be mentioned on our website for identification purposes only. You should contact the appropriate Partner and/or third party for more information regarding such designations. Your use of and access to our Website and use of our Platform does not grant you any license or right to use any of the marks included on our website.
We respect the intellectual property rights of others, we prohibit users from uploading, posting, or otherwise transmitting on our website any materials that violate another person’s intellectual property rights.
6. Warranty Disclaimer
Our Platform and storage services we provide, and all reservations with our Partners are on “as is” and “as available” basis. Our content is largely generated in an automated manner, errors can and do occur. We do not display on our website all available Partners and storage offers. Accordingly, we do not always display the lowest available prices for storage space at your location.
We expressly disclaim to the fullest extent permissible all warranties of any kind, whether expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
7. Limited Liability
Pyrethra inclusive of its’ officers, directors, employees, representatives, shareholders, affiliates, and our providers to the extent permitted by law, hereby expressly exclude any responsibility and liability for:
- any acts, errors, omissions, representations, warranties, breaches, or negligence of any of our Partners including any injuries, death, property damage, or other damages or expenses.
- any interruption to our Platform to carry out any technical or maintenance work from time to time.
- any delay or failure to perform providing our storage services resulting from causes outside our control “a force majeure event” including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour or materials or a failure of public or private telecommunications networks.
- any loss or damage to, or viruses that may infect your computer equipment or other property as a result of your use of our Platform or your download of any content from our website.
- any injury, death, loss, claim, force majeure event , accident, delay, or any direct, special, exemplary, punitive, indirect, accidental or consequential damages of any kind including without limitation loss of profits or lost savings, whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with; (i) the use of our Platform or our storage services; (ii) any failure or delay including without limitation the use of or inability to use any component of our Platform or for reservations of our storage services; or (iii) the performance or non-performance of any of our Partners or third parties even if we have been advised of the possibility of damages to such parties or any other party subject to applicable law.
If, despite the limitations above, Pyrethra is found liable for any loss or damage which arises out of, or in any way connected with any of the occurrences described above, then the liability of Pyrethra will in no event exceed, in the aggregate, one hundred ($100.00) dollars in Canadian currency or the equivalent in local currency.
The limitations of liability provided in these Terms survive the termination of your relationship with us.
Nothing in these Terms excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, (iii) or any other liability which cannot be excluded by law.
8. Dispute Resolution
We are committed to customer satisfaction. If you have a dispute, we will try to resolve your concerns, but if we are unsuccessful, you may pursue claims subject to the following:
To the extent permitted by law, the laws of the Province of Ontario, Canada, without regard to its conflict of law rules, will govern these Terms, as well as your and our observances of these Terms. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of our connected with our Platform, these Terms, or the use of our storage services will be resolved individually, with out resort to any form of class action or representative lawsuits.
If you take legal action relating to your use of our Website, Platform, these Terms, or our storage services you agree to file such legal action only in the provincial and federal courts located in the Province of Ontario. If you are a consumer the applicable law in the jurisdiction you reside may allow you to also bring a legal action in the courts in the place you are domiciled. With any such legal action or any legal action, we commence, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable legal fees and expenses.
9. Indemnity
Subject to these Terms you will defend, indemnity, and hold us each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to our Platform and storage services or the “Intellectual Property”.
10. Website Links
Our Website may contain links to other Websites that we do not operate or control and for which we are not responsible. We provide these links for your reference and convenience and do not endorse the contents of other websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on these other websites before you use them. You agree not to create a link from any website, including any website controlled by you to our Platform.
11. General Requirements
Changes. We may change the functionality of our Platform at anytime, in our sole discretion, and without notice to you. Your continued use of our Platform constitutes your acceptance of any changes to our Platform and any corresponding changes to these Terms and any changes will supersede all previous versions of these Terms. Unless otherwise specified, any and all resulting changes to these Terms apply to all users, including users with preexisting accounts prior to the effective date of the change.
Termination. If you choose not to abide by these Terms we may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate, or restrict your access to any or all components of our Platform. We also reserve the right to terminate your agreement with us anytime by notifying you in writing and/or if you are a registered customer, by cancelling your account and your access to your account.
Relationship. Nothing contained in these Terms constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Assignment. You may not assign, delegate, or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms, and such assignment does not constitute a change to these Terms, and without notice to you, provided your rights under these Terms are not prejudiced.
12. Complaints or Queries
We encourage you to share your comments and queries with us or if you have any questions or concerns about these Terms and your use of our Platform and wish to inquire about these Terms including telling us about any intellectual property violations or to report any abusive content please email us or contact us by mail at Suite #348-4025 Dorchester Rd. Niagara Falls, Ontario, Canada L2E 7K8 or by email at [email protected]