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Terms of Service

BY ACCEPTING THESE TERMS OF SERVICE AND AGREEMENTS (TOGETHER THE “TERMS”) YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS BELOW, INCLUDING, WITHOUT LIMITATION, OUR PRIVACY STATEMENT, OUR COOKIE POLICY AND OUR GENERAL TERMS AND CONDITIONS FOR THE USE OF OUR WEBSITE AND PLATFORM WHICH ARE INCORPORATED BY REFERENCE INTO THESE “TERMS.

PLEASE READ CAREFULLY.

IMPORTANT NOTICE: Our Platform is currently in BETA mode; you may only use our services (defined below) under these Terms until further notice.

Introduction

Pyrethra Inc. (hereinafter referred to as “Pyrethra” or “we”, “us” or “our”) located at 4551 Zimmerman Ave, Niagara Falls, Ontario L2E 3M5 Canada provides a marketplace and website with an online platform (together the “Platform”) that connects storage customers (“Renters” or each a “Renter”) in search of location specific residential or commercial properties that may be leased for the storage of items, such as general household items, business inventory, vehicles, or miscellaneous lawful, non-hazardous items (the “Storage Materials”) with storage providers such as property owners, storage owners, homeowners, business owners, etc.. (our “Partners” or each a “Partner”), who have real estate space, such as basements, closets, garages, storage units, driveways, parking lots etc. (any, a “Storage Space” or “Storage Spaces”) available for lease (collectively the “Services”).

Disclaimers

Pyrethra does not own, control, or manage any of the properties that have Storage Spaces available for lease and is not responsible for any of our Partners Storage Spaces or their “Content” posted on our Platform. Pyrethra is not a party to any “Lease Agreements” entered into between our Partners and Renters, nor is Pyrethra a real estate broker, real estate agent, insurer, or escrow agent. Pyrethra has no control over the conduct of our Partners or Renters and other users of our Platform and use of our Services.

Our Platform is used to facilitate the listing and renting of Storage Spaces. You may view our listings as an unregistered guest to our Platform, however if you wish to make a “Reservation” to reserve a Storage Space or to become one of our Partners you must first register and create an “Account” with us.

By accessing our Platform and opening an “Account” you are indicating that you have read, and you understand and agree to be bound by these Terms. If you are registering an “Account” on behalf of a company or other legal entity, you represent that you are an authorized signatory and can other wise bind that company or other legal entity.

Application

In these Terms, as a registered Renter or Partner (each a “Member”) who either lists or offers a Storage Space or who searches for, looking to rent, or use a Storage Space these Terms govern any transaction between a Renter and a Partner using our Services whereby the Partner grants limited license to a Renter to enter, occupy and use a Storage Space (a “Reservation”).

Pyrethra Services Agreement

This Pyrethra Service Agreement (“PSA” or “Agreement”) is an agreement between Pyrethra and the Member who has registered an “Account” with us. This Agreement describes the terms and conditions that apply to your use of our Platform and Services and establishes the obligations between you and us and between you and our Partners.

BY CLICKING “I HEREBY AGREE TO THIS PYRETHRA SERVICES AGREEMENT” OR OTHERWISE SUBMITTING AN ONLINE REGISTRATION FORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1. DEFINITIONS

“Account” means a registered account by a Member to access and use our Platform and Services.

“Applicable Laws and Regulations” means any and all applicable local or foreign laws, rules, acts, regulations, legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance, or decisions of any federal, Provincial or local municipal government, any agency, exchange, regulatory or self-regulatory body (including, for example, homeowners or strata associations or condominium associations), law enforcement body, court, bank or tax revenue authority or any other authority whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.

“Content” means feedback, reviews, text, photos, audio, video, and other information, or materials that a Member posts, uploads, publishes, submits, or transmits on or using our Platform.

“Default” means a breach or violation of the terms and conditions outlined in the Lease Agreement.

“Dispute” means any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of out Platform, a Storage Space, or Content, or any interaction or communication between Members.

“Lease Agreement” means our form of lease agreement to be used by for the exclusive use of Renters and Partners wo contract to rent a Storage Space for the Lease Term.

“Lease Term” means the duration of a Reservation agreed by a Rental and Partner.

“Partner Fee” means the amount that Pyrethra charges a Partner for accepting a Reservation on our Platform.

“Payment Method” means the payment method associated with an Account such as a credit card, debit card, bank account, or PayPal account.

“Payout” means the amount paid to a Partner equal to the Total Cost minus the Service Fees and applicable Taxes.

“Payout Method” means the financial instrument associated with an Account such as a bank account, debit card, a prepaid card, or a PayPal account.

“Renter Fee” means the amount that Pyrethra charges a Renter for a Reservation on our Platform.

“Service Fee” means the sum of the Renter Fee and the Partner Fee, and any charges associated with payment collection.

“Storage Fee” means the amount due by a Renter as consideration for a Reservation as provided by a Partner pursuant to the Lease Agreement to rent Storage Space, not including Service Fees or Taxes.

“Storage Listing” or “Stroage Listings” means an offer of Storage Space as available for Reservation posted on our Platform.

“Tax” or “Taxes” means direct or indirect taxes, sales taxes, income taxes, or any other taxes or fees that a Member may be required by Applicable Laws and Rules to include in the Listing price, remit or report to governmental agencies or other entities.

“Total Cost” means the Storage Fee plus the Service Fee and Taxes.

“You” or “Your” means you as a Member or user of our Platform, unless otherwise specified. You or Your may apply to you as a Renter and Partner concurrently.

2. RESERVATIONS AND LISTINGS

2.1 General Requirements: To use our Services, you must create an Account to access and use our Platform and if you are a natural person, be at least 18 (eighteen) years of age and not a person or legal entity prohibited to use our Platform under Applicable Laws and Rules. You may not register more than one Account or transfer your Account.

2.1.1 Account Credentials: Subject to Applicable Laws and Rules we have no obligation to verify your identity or other information you provide at the time you create your Account. If we choose to conduct identity verification on any Member, to the extent permitted by Applicable Laws and Rules, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. We reserve the right to terminate, suspend, or limit access to your Account if we are unable to obtain or verify any of your information.

2.1.2 Storage Listings: Our Partners are responsible for their Storage Listings and processing your Reservation. We do not control, manage, offer, deliver, any Reservation, nor are we a party to or otherwise participate in any contractual relationship between Renters and our Partners. We do not guarantee the existence, quality, safety, suitability, or legality of any Storage Space, the truth or accuracy of any Storage Lising or any ratings or reviews posted by other Members, or the performance or conduct of any Partner or other Member. You should always exercise due diligence and care when deciding whether to communicate, interact with, and engage in any transaction with any Partner or Member.

2.2 For Renters: When you make a Reservation, you are agreeing to pay the Total Costs and all charges associated with the Reservation of the Storage Listing identified at checkout. A Reservation is created when you receive a Reservation confirmation. The cancellation policy and terms, policies, or conditions identified in the Storage Listing or during checkout from part of your Lease Agreement with our Partner.

2.2.1 Re-entry: A Renter retains the right to re-enter a Storage Space under the Renter’s Reservation to the extent that re-enter is permitted in your Lease Agreement with our Partner or consistent with Applicable Laws and Rules.

2.2.2 Overstays: Unless our Partner agrees otherwise, you may not exceed the Leased Term.

2.3 For Partners: As a Partner, you represent that you have all rights and authority without reservation to list your Storage Space on our Platform. Your Storage Listing must include complete and accurate information about your Storage Space. You are responsible for keeping your Storage Listing information, including calendar availability, and Content content up-to-date and accurate at all times. You are responsible for ensuring your Storage Listing complies with Applicable Laws and Rules and does not conflict with the rights of any third-party. When you create a Storage Listing, you agree to list your Storage Space as available for rental exclusively on our Platform.

2.3.1 Accepting or Rejecting a Reservation: A Renter may request to book your Storage Listing. If you do no accept or reject the request withing a time period provided by our Platform the request will automatically expire and any fees collected from the Renter will be returned to the Renter.

2.3.2 Agreements with Renters: A Reservation is created when you receive a Reservation Confirmation. You are solely responsible for delivering your Storage Space and performing your obligations under your Reservation. Except as otherwise provided by these Terms, you may not request that a Renter pay a higher price or additional fees after a Reservation is created. The terms, policies, and conditions specified in your Storage Listing must be consistent with these Terms and prominently disclosed.

2.3.3 Partner Availability: You agree to make your Storage Space available for the Leased Term.

2.3.4 Storage Space Safety: As a Partner, you represent and warrant that your Storage Space is maintained to ensure the health and safety of Renters and Renter’s Storage Materials, including but not limited to maintenance and storage security of the Storage Space as required by Applicable Laws and Rules.

3. RESERVATION MODIFICATIONS AND CANCELLATIONS

3.1 General: A Member is responsible for modification or change to a Reservation (“Reservation Modification”). You agree to pay any additional amounts, fees or Taxes associated with any Reservation Modification.

3.2 For Renters: If as a Renter, you cancel a Reservation, the amount of refund is determined by the cancellation policy pursuant to your Reservation.

3.3 For Partners: If as a Partner, you cancel a Reservation, the amount of refund to a Renter is determined by the cancellation policy that applies to your Reservation. As a Partner you agreed that in some circumstances a cancellation by a Partner could cause us reputational harm and confidence by Renters in our Platform. Partners should act in good faith to fulfill all Reservations. If you cancel a Reservation, with the exception of any “force majeure event” (as defined in the Terms & Conditions) the terms of our Cancellation Policy, linked and incorporated into these Terms by reference, will apply and pre-empt any conflicting terms in the Reservation.

4. PAYMENT

4.1 General: Each Member shall authorize Pyrethra to collect any amounts due under these Terms by charging the Payment Method associated with the relevant Reservation or withholding the amount from any Payout Method associated with the relevant Storage Listing. Specifically, you authorize Pyrethra to collect from you:

  1. any amount due as a result of your Storage Listing, Reservation, any Reservation Modification, or other actions taken as a Member including any reimbursement for costs prepaid by us on your behalf. Any funds collected by us will set off the amount owned by you to us and extinguish your obligation to us.
  2. Taxes were applicable.
  3. amounts to cover any damages to a Storage Space
  4. any penalties, including any costs and expenses incurred collecting a penalty.
  5. any other fees imposed under these Terms.

In addition to any amounts due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include legal fees, collection fees, convenience fees or other third-party charges. If any of our charges are rejected from the Payment Method you have indicated as the preferred Payment Method, you authorize us, without notice to you, unless required by Applicable Laws and Rules to, in our sole discretion retry that Payment Method or collect from any Payment Method we have on file for you.

4.1.1 Fees: Pyrethra will charge the Partner Fee and the Renter Fee for use of our Platform inclusive of other fees and charges that may be required to address your Account as permitted by Applicable Laws and Rules. Except as otherwise expressly provided on our Platform, Service Fees are non-refundable. We reserve the right to charge the Service Fees at any time and will provide each Member notice of current fees. Fee changes will not affect any Reservation made before the effective date of the fee change.

4.1.2 Collections: Pyrethra reserves the right to place you into collections if you fail to timely pay any amounts due from your use of our Platform; collections may be done by us or a third party on our behalf. You also agree that we may, at our discretion, send your account to a collection agency, and except where prohibited by Applicable Laws and Rules, recover our reasonable costs of collection from you.

4.2 For Renters: When you provide a Payment Method to your Account, you will be asked to provide billing information such as name. billing address, and financial instrument information. You authorize us and our payment service providers to collect and store your Payment Method information. You are responsible for evaluating the practices of your Payment Method provider and complying with any additional terms or conditions of a third-party payment service provider associated with your Payment Method. We are not responsible for any loss suffered by you as a result of incorrect Payment Method information you provide.

4.2.1 Updates: If your Payment Method attached to your Account changes you agree to immediately update your Payment Method. If you do not update any changes to your Payment Method, you agree that we may acquire that update information from our financial services partners or your bank and automatically update your Payment Method.

4.2.2 Verification: When you add or use a new Payment Method, you authorize us to verify that Payment Method by obtaining a preauthorization via your Payment Method or charging your Payment Method a nominal amount.

4.2.3 Authorization: You authorize us or our payment service providers to charge your Payment Method or more than one Payment Method, either directly or indirectly, for the Total Costs due including applicable Taxes in connection with your Account.

4.2.4 Timing: We generally charge the Total Cost due after our Partner accepts your Reservation. If you pay with a push Payment Method, we will collect the Total Cost due at the time of your Reservation. Once the payment transaction for your Reservation is successfully completed, you will receive a confirmation email summarizing your Reservation.

4.2.5 Status: if a Reservation is declined either because it is not accepted by our Partner or you cancel the Reservation before it is accepted by our Partner, any amounts collected by us will be refunded to you, and any pre-authorization of your Payment Method will be released, if applicable. The timing to receive the refund or for the pre-authorization release will vary based on the Payment Method and any applicable payment system rules.

4.2.6 Restrictions: all fees related to a Reservation including additional fees to our Partners and other charges must be made through our Platform. We reserve the right to decline o limit payments that we believe violates these Terms or are unauthorized, fraudulent, or illegal or expose you, us, or others to risks unacceptable to us.

4.3 For Partners: We generally collect the Total Cost when you accept a Renter’s Reservation request. If a Renter pays with a push Payment Method, we will collect the Total Cost at the time of the Reservation Request.

4.3.1 Payout: If a Reservation is cancelled, we will remit the Storage Fee, if any, as provided in these Terms and applicable cancellation policy. The Storage Fee will be remitted by us to a Partner via the Payout Method selected by each Partner, depending on the selections the Partner makes via our Platform. We may, in our sole discretion, round up or round down amounts payable from or to Renters and Partners to the nearest whole dollar.

4.3.2 Restrictions: We may temporarily place a hold, suspend, or cancel any Payout for violating these Terms, or for purposes of preventing suspected or known or unlawful activity or fraud, chargeback request, risk assessment, security, or completing an investigation, or if we are unable to verify your identity. If a Renter receives a refund after you have already been paid, or the amount of the refund and other costs incurred by us exceeds your Payout, we may recover that amount from you, including by offsetting the refund against your future Payouts. We may also temporarily place a hold on, or suspend, or delay initiating or processing any Payout due to you under these Terms as a result of a “force majeure event”.

4.3.3 Limits: For compliance or operational reasons, we may limit the amount of Payout. If you are due an amount above that limited, we may make a series of Payouts in order to provide your full Payout amount.

5. TAXES

5.1 Partners: Partners are responsible for determining and fulfilling your obligations under Applicable Laws and Rules to report, collect, remit, and include in your Storage Listing all applicable Taxes.

5.2 Tax Information: In some jurisdictions, Applicable Laws and Rules may require that we collect or report tax information about you to appropriate entities, or withhold Taxes from Payouts, or both. If you do not provide us with information that we determine to be sufficient to meet these requirements, we may on your behalf invoices or similar documentation for Taxes to facilitate accurate tax reporting by you or our Renters. We are not responsible for reporting, collecting, or remitting Taxes unless required by Applicable Laws and Rules.

6. RESPONSIBILITIES

6.1 All Renters are responsible for:

  1. Your own acts and omissions.
  2. Providing valid identification on request.
  3. For leaving the Storage Space in the same condition when you remove the Storage Materials and when you stored your Storage Materials.
  4. Ensure that our Partner’s Storage Space is in an acceptable condition as advertised on our Platform.
  5. Reviewing any Lease Agreement(s) you and our Partner.
  6. Disclosing to us and our Partner the contents of the Storage Materials stored in the Storage Space in an itemized list.
  7. Not storing unlawful, perishable, organic, flammable, or dangerous items, such as, but not limited to, explosives, firearms, restricted weapons, illicit drugs, fuel of any kind solvents, chemicals, lead products, pressurized gas, radioactive items, ammunition, animals, food, or plants.
  8. Adhering to our Partner’s access times to the Storage Space.
  9. Adhering to our Partner’s terms, conditions and policies as posted in the Storage Listing and Lease Agreement as a condition of your Reservation.
  10. Allowing us or any legal authority to perform inspection of the Storage Materials subject to Applicable laws and Rules.
  11. Keeping your Storage Material in a neat and clean order.
  12. Paying security deposits where applicable subject to Applicable Laws and Rules.
  13. Paying rent in a timely manner.
  14. Content insurance, covering the estimated value of the Storage Materials during the Lease Term, subject to Applicable Laws and Rules.
  15. Complying with all Applicable Laws and Rules subject to rentals in the jurisdiction where the Storage Space is located.

6.2 All Partners are responsible for:

  1. Your own acts and omissions and the acts an omission of anyone you allow to participate in providing your Storage Space or otherwise performing under a Reservation.
  2. Setting your Storage Fee and establishing any terms and conditions or your Storage Listing and Reservation.
  3. Declaring any and all fees and charges in your Storage Listing on our Platform and you may not collect any fees and charges for a Reservation independent of our Platform.
  4. Truthfully disclosing any relevant information applicable to the Storage Space to all Renters and on your Storage Listing.
  5. Providing and disclosing to Renters and us during the Lease Term with a full description and complete disclosure of any information relevant to the Storage Space, including, but not limited to, any pending claims, issues, liens, future moves, future sales, future rentals, future leases etc.
  6. Reviewing the contents of the Storage Material list and ensuring that the list of Storage Materials is kept up to date.
  7. Reviewing any Lease Agreement(s) between you and a Renter.
  8. Taking photos of the Storage Space prior to any Storage Listing on our Platform so that Renters may view its condition before entering into a lease agreement with a Partner.
  9. Disclosing any physical boundaries and limitations of the Storage Space, to Renters in writing, blueprints, or photographs.
  10. Keep the Storage Space and surrounding area in a good and safe order.
  11. Reporting any changes to any contractual rights of any Lease Agreement(s) between Renters and you or any physical changes to any of the Listings of a Storage Space.
  12. Emailing a photo or scanned copy of all signed Lease Agreement(s), Identification, of both you and the Renter and digital photos of the Storage Space to [email protected]. Such documentation may be provided by us on written request from you, renters, or their legal representatives.
  13. Disclosing any existing lease to Renters and must obtain the permission from the property owner before subleasing out any Storage Space on our Platform. In the even the property owner’s lease is expiring or changing, you must notify the Renter and us immediately in writing and must provide a timeline along with any assistance needed for the relocation or retrieval of Storage Materials if it causes significant disruption to Renters.
  14. Obtaining the appropriate insurance for your Storage Space and suggest that you carefully review policy terms and conditions like coverage details and exclusions.
  15. Complying with all Applicable Laws and Rules subject to rentals in the jurisdiction where the Storage Space is located.

7. ASSUMPTION OF RISK

7.1 Renters: you acknowledge that activities carry inherent risks and agree that, to the maximum extent permitted by Applicable Laws and Rules, you assume the entire risk arising out of your access and use of our Platform including any Content, or use of a Storage Space or any other Partner offering, or any other interaction you have with Members or third parties, whether in person on online. You acknowledge that you are responsible for investigating a Partner and a Storage Space to determine whether the Storage Space suites you and your purposes.

7.2 Partners: you represent and warrant that your Storage Space and Listing and Reservation comply with Applicable Laws and Rules subject to rentals in the jurisdiction where the Storage Space is located. You agree that you are responsible for and assuming all risks associated with understanding and complying with Applicable Laws and Rules that apply to your Storage Space, Listing and Reservation and your interaction with Members and third parties.

8. DEFAULTS

8.1 If a Renter is in Default, a Partner must take reasonable steps to notify the Renter of the Default and provide the Renter a reasonable opportunity to cure the Default. If the Renter fails to cure the Default, after receiving notice and the opportunity to cure the Default, the Partner may exercise one or more of the following remedies:

  1. Deny the Renter access to the Storage Space or the Storage Materials until the Default is cured.
  2. Terminate the Renter’s Reservation by giving the Renter written notice the allotted time set out in the Lease Agreement to vacate.
  3. Terminate the Renter’s Lease Agreement, subject to the term of that Lease Agreement.
  4. Initiate an action under the Ontario Repair and Storage Lien Act for seizure and sale of the Storage Materials and
  5. Any other remedies available to the Partner pursuant to the Applicable Laws and Rules in the jurisdiction where the Storage Space is located.

9. CONTENT

9.1 License: We may at or sole discretion, permit Members to post, upload, submit or transmit Member Content on our Platform. You hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on our Platform.

9.2 Warranty: You acknowledge and agree that you are solely responsible for all Member Content that you make available on our Platform. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all Member Content that you make available on our Platform or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such Member Content, as contemplated under these Terms and neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion thereof) on, through or by means of our Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Laws and Rules.

10. REVIEWS

10.1 Reviews: After a Reservation, Members may review each other on our Platform. All reviews must occur within 14 days of the Reservation. You agree that your review will be accurate and may not contain any misleading, discriminatory, obscene, harassing, deceptive, offensive, inappropriate, violent, illegal, or defamatory Content. We don’t verify reviews for accuracy. Reviews reflect the opinions of Members and do not reflect the opinions of us.

11. TEMINATION AND SUSPENSION

11.1 Term: This Agreement between you and us reflects these Terms is effective when you access our Platform and create an Account with us and remains effective until either you or we terminate the Agreement in accordance with these Terms.

11.2 Termination: We reserve the right to terminate your access to and use of our Platform or any of its features in our sole discretion, without notice and liability, including without limitation if you have material breached your obligations under these Terms or you did violate Applicable Laws and Rules, regulations or third-party rights or we believe in good faith that such action is reasonably necessary to protect the personal safety or our property or that of third-parties. If your access to your Account and your access to our Platform was terminated or suspended, you may not register a new Account or access and use our Platform through an Account of another Member.

11.3 Member Violations: We reserve the right to investigate and prosecute any violation of these Terms or Applicable Laws and Rules to the fullest extent permitted by Applicable Laws and Rules if you breach these Terms or you violate any other of our policies, guidelines or standards or you violate Applicable Laws and Rules or we believe it is reasonable necessary to protect us, a Member or third-party we may without notice:

  1. Suspend or limit your access to our Platform or your Account.
  2. Suspend or remove Listings, reviews, or other Content.
  3. Cancel pending or confirmed Reservations.
  4. Suspend or revoke any special status associated with your Account.

11.4 Legal: We may take any legal action we determine as reasonably necessary to comply with Applicable Laws and Rules.

11.5 Effects: if you are a Partner and we terminate your Account, any Reservation(s) will be automatically cancelled, and your Renter will receive a refund in accordance with these Terms. If you are a Renter and we terminate your Account, any Reservations will be automatically cancelled, and any refund will depend upon the terms of the Reservation’s cancellation policy. When your Account has been terminated, you are not entitled to a restoration of your Content.

11.6 Survival: Parts of these Terms that by their nature survive termination will survive termination of these Terms.

12. DISPUTES

12.1 Governing Law: As between Pyrethra and you, these Terms are governed by the laws of the Province of Ontario, Canada without regard to choose of law or conflicts of law provisions of any jurisdiction. All Dispute(s) arising out of or in connection with these Terms, or in respect of any legal relationship associated with or derived from these Terms, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The Seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be in English.

12.2 Between Members: While Pyrethra may facilitate informal Dispute resolution between Members, you agree that this section 12 and any Dispute resolution provisions in these Terms are only applicable with regard to Disputes between you and Pyrethra. Disputes between Members must be resolved between Members.

12.3 Binding Awards: Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Pyrethra agree to waive your right to have any and all Disputes resolved in a court; and to waive your right to a jury trial. Instead, you agree to arbitrate Disputes through binding arbitration.

12.4 No Class Arbitration or Actions or Representative Actions: you and Pyrethra agreed that Disputes are personal to you and us, and all Disputes will be resolved through individual arbitration only. You and Pyrethra agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual group of individuals.

13. MODIFICATIONS

13.1 We may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on our Platform and update the “Last Updated” date of the Terms. Changes to the Terms are effective at the time of posting. We will provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate your Account. If you do not terminate your Account before the date the revised Terms become effective, your continued access to or use our Platform will constitute acceptance of the revised Terms.

14. MISCELLANOUS

14.1 Entire Agreement. These Terms, including any policies referenced herein, constitute the entire agreement and understanding between us and you with respect to your use of our Platform and Content, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding your use of our Platform and the Content.

14.2 No Waiver. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under Applicable Laws and Rules.

14.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.

14.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically, and given by us via email, on our Platform notification, messaging service, or any other contact method we enable, and you provide.

14.5 Google Terms. Some parts of our Platform may use Google Maps/Earth. Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service located here: https://www.google.com/help/terms_maps/.

15. CONTACT

15.1 Contact us: If you have any questions or concerns about these Terms and your use of our Platform, please email us [email protected] or contact us by mail at Suite #348-4025 Dorchester Rd. Niagara Falls, Ontario, Canada L2E 7K8.