Terminos y condiciones de Sharemos

last update 21/01/2015

Preambule

Do read carefully our terms of service (from now on "the terms"). By accessing our site (hereafter “service”, “platform”, “site”, “website”) sharemos.com you are accepting our Terms an conditions that may be subject to change in the future. You are not allowed to use or access our service if you don’t agree with our terms

Sharemos LTD (from now on “Sharemos”, “we”, “us”, “our”) is an online platform that allows people to rent any music, photography or sport equipment, tools or physical space they own or have the right to share, distribute, rent to another platform members for a certain amount. By using our service no matter whether as a registered user or not you agree to comply and be legally bound by our terms. These terms form a legal agreement between you and Sharemos LTD for using its services, platform, site or mobile application. If you ignore these terms it might subject you to civil and criminal penalties.

We don’t have any direct agreement with the Owners or Bookers (explained later) of the platform and as such we can’t be held responsible for any possible damage, behaviour that might occur by inappropriate actions of either Owners or Bookers (“parties”). Sharemos is not a broker or an agent between the two parties, it doesn’t offer any insurance in case of damage, misuse or theft although it offers a system of security deposit and will inform and cooperate with the authorities in case of any illegal activity conducted by any of the parties.

Terminology

Disclaimer

Sharemos does not own, manage, control, provide, sell, resell any of the listings published on the platform. It has no direct agreements with any of its users. Platform serves as an intermediary between Owners and Bookers and as such has responsibilities limited to (1) maintenance of the platform and keeping it available (2) receiving payments for the bookings and keeping the security deposit until it ends (3) and finally having the final saying in case of any disputes between the Bookers and Owners

SHAREMOS CANNOT BE HELD RESPONSIBLE FOR ANY DISCREPANCY IN DESCRIPTION, QUALITY OR STATE OF LISTINGS PUBLISHED OR FOR ANY MATERIAL DAMAGE OR ACCIDENT THAT MIGHT OCCUR FROM USAGE OF ANY LISTING ( EQUIPMENT, SPACE ) FOUND ON THE PLATFORM. BOOKERS AND OWNERS WHO BOOK / ACCEPT A BOOKING ARE DOING SO AT THEIR OWN RISK. YOU UNDERSTAND AND AGREE THAT, ANY RISK ARISING FROM ACCESSING AND USING THE PLATFORM REMAINS WITH YOU. THIS INCLUDES, BUT IS NOT LIMITED TO ANY CONTENT PUBLISHED, COMMUNICATION AND INTERACTION WITH OTHER USERS, PAYMENT AND CARD PROCESSING.

NEITHER SHAREMOS NOR ITS PARTNERS WILL BE LIABLE AND HELD RESPONSIBLE FOR ANY DAMAGE, PROFIT LOSS, LOSS OF DATA, PRIVACY BREAKS, PHYSICAL OR PSYCHOLOGICAL DAMAGE OR DISTRESS THAT MIGHT OCCUR FROM USING OUR PLATFORM.

SHAREMOS DOES NOT INSURE OR GUARANTEE ANY OF THE LISTINGS PUBLISHED. OWNERS UNDERSTAND THAT ANY DAMAGE OR THEFT IS COVERED ONLY WITH THE AMOUNT OF SECURITY DEPOSIT THEY ASK WHEN THEY PUBLISH THEIR LISTING.

Changes to Terms and conditions

Sharemos reserves the right to change its terms and conditions including the fees whenever it feels suitable without notifying up-front any of the users. Upon changes Sharemos will notify users by updating the “last updated” date in this document or through an email if the change is considered to be considerably big by Sharemos itself. If after the modification users continue using our platform they implicitly confirm that they agree to the new terms and conditions. If the changes to this document are not acceptable user has to stop using the platform immediately.

Minimum age

All users who come to our site and use our services confirm that they are at least 18 years old. If that is not the case continuation of usage of this platform is prohibited and their accounts will be blocked.

Registering

Some functionality of Sharemos platform is not accessible to unregistered users. When a user wants to book or publish a listing he is asked to create an account. In the registration process users are asked to provide their personal data such as their name, surname, email, telephone number, country of birth and residence ( can include more ).

Registration and login can be made using third party login solutions. In case of doing so you understand and agree that we will read, copy and sometimes share that information with other users if we find it necessary for the proper functioning of the platform. When using a third party login Sharemos has no obligation nor responsibility if some of the third party's terms and conditions are breached. It is users obligation to act in accordance with them.

After registering we will create and publish your personal profile and make public your name and a photo (not limited to) even when acquired from a third party login service. If you accept a booking from other Bookers or you book a listing from another Owner your address and phone number, surmname (may include more) will be shared with the other user.

It is your obligation to provide correct personal data when creating an account and update it if it gets modified with time. Your credentials (username and password) cannot be disclosed with anyone and you agree to notify us immediately if your account gets compromised and used without your authorization. You agree to take all the responsibility for any activity under your Account.

If you want your account to be disabled you can mail us at support@sharemos.com. Note that images, text, or any other content you added, wrote etc. stay in our DB and will not be physically removed even after disabling your account. By disabling your account all the listings you published and your public profile will become unreachable to other visitors, but feedbacks and reviews (not limited to) will still be publicly displayed.

Publishing a listing

Prerequisite to publish a listing is to create an account using your personal data. Once registered, you will be asked to provide a description, photos, location, title, accessories, availability, security deposit amount and a price for a listing. As soon as saved the listing becomes available for search and booking to other users on the platform. You agree to keep all information about the listing up to date. When you receive a booking request and accept it you are not allowed to ask the user to pay more or extra. If the location of the listing or any other listing detail changes between the booking date and the start of the rent you are obliged to inform the Booker about that change and if he doesn’t agree it is your responsibility to meet him / her where first published.

All the listings you publish are solely your responsibility. Breach of any agreements that you might have with a third party including ownership, rental agreements or any other legal binding is your own responsibility. Be advised that Sharemos has no responsibility for Owner’s agreements or duties with others.

You have the full responsibility to act in accordance with the law when it comes to taxes and income reports.

Sharemos, of course, reserves the right to remove or block any listing if it considers that the listing is not up to standards of quality (to our own discretion): photos quality, accurate description, title, location, price, deposit, proper language etc. Also, listings that we don’t consider to be adding any value to the platform due to the lack of demand or the compatibility with the platform’s offer will be removed/blocked.

We also reserve the right to contact you in order to ask you to change and improve the listing details.

Sharemos acts only as intermediary platform between you and the Booker with only obligation to collect the payment, keep the amount until the booking period ends and payout the money you earned renting the equipment/listing. As an Owner of a published listing you agree that Sharemos doesn’t guarantee or insures any listing you put to rent. You are strongly advised to set the guarantee / security deposit amount to an appropriate value when publishing the listing. This amount is held by us and will be available to you to claim it in case of any claim (dispute) with the booker. Booker and Owner should resolve any claim by themselves discreetly and in case of failing to do so Sharemos keeps the right to act as a mediator and to split the security deposit between the Owner and a Booker the way we see just. You agree to accept our ruling in case of any dispute that you couldn’t solve directly with other users. In case of a dispute Sharemos will contact both users through email, phone or any other mean of communication to try to gather as much information as possible to decide how to resolve the dispute.

Owners have the right to ask a Booker to provide any ID if they want. This should be indicated in the listing description and/or additional info. If this requirement is not met any dispute that might occur from this will be resolved in favor of the booker.

Receiving a booking

When you as an Owner receive a booking request you will have 24h to reject or accept the booking. If you don’t provide your answer Sharemos will automatically consider that Booking request canceled. Between booking request time and the acceptance or cancellation moment listing will be unavailable (in booked state) so that no other User books fit or the same dates. When you receive the booking request we will share with you some of the Bookers personal information that is normally not available through his public user profile so that you can perform a due diligence and decide whether you want to accept it or not.

If you reject the booking or we do it after 24h all money Booker had blocked in his wallet will be released and available for another booking or for a bank transfer. If you accept the booking you accept to act in accordance with these terms (cancelation policy and other obligations). Booker is informed through an email in both cases.

After a booking ends Owner has the right to open a claim and ask for a certain amount to be deducted from security deposit. If the Booker accepts the claim the booking amount plus the claim amount will be transferred to the Owners wallet where he can isssue a bank transfer to his bank account or use it for making a booking himself.

Sharemos as a payment collection partner

Owners agree to appoint us as their payment processing and collection partner. All payments made by Bookers are to be considered as payments made directly with the Owner of the listing. In accordance with this Owners will make the listing available as described in the listing to the Booker on the start date and will be reachable on the end date in order for Booker to return the listing after using it.

Each owner also understands that Booker can cancel the booking and no money will be transferred to the Owner as long as the cancellation is done in the period before the cancellation limit.

Owners also agree that if a Booker opens a claim for reasons such as (not limited to): (i) the listing is not as described or (ii) Booker couldn’t be reached the whole amount will be returned to the Owner.

If you are the listing Owner you understand and accept that you may be subject to terms and conditions of our third party card processing and payments partner Mangopay and their information collection practices. Mangopay terms and conditions

Note that Sharemos cannot control any extra charges that might be applied by the users' bank or card issuer when booking or making the payout (transferring the money to the bank account)

No partnership or special agreement

As we mentioned before Sharemos has no special agreement with any of Owners or Bookers nor we endorse any listing published on our platform. All our Registered users are obliged by these terms to provide an accurate and true description of their listings and personal information. We don’t run background checks of our users, but we reserve the right to do so if we feel necessary.

Some of user’s personal information such as email, phonenumber (not limited to) marked as “verified” or “confirmed” only indicate that the user completed our verification process and should not be considered as nothing more. Any information that you find on the platform about other users (name, phonenumber etc.) and their listings (description, feedbacks) is intended to be useful information that you take into account when deciding whether a user is trustworthy, safe etc. We suggest that you always run a check on every user you find on our platform before booking from them, renting to them or before any other type of interaction that might be possible on and off the platform. Sharemos is not responsible for any damage or inconvenience that our users might suffer from interaction with one another

You understand and agree that any legal responsibility and remedy that you might try to demand against any particular User on the platform is limited only to claims against that person (legal or natural).

Fees

Sharemos charges fees to its Bookers and Renters in exchange for its services.

“Payin fee” is a fee that Sharemos adds to a daily price Owner’s put for their listings. Bookers see the final price with this fee included so from the very begining they know the exact amount Sharemos will charge their cards/wallets with.

“Payout fee” is a fee Sharemos charges the Owners when the transfer the many to their bank account. It is the amount deducted from the amount that is being transferred to their account. Note that in this moment this fee is not applied and that Sharemos reserves the right to start applying it anytime it decides to do so.

Our fees are not refundable.

Disputes (claims)

By using the platform both Bookers and Owners agree that in case of any dispute these two parties cannot resolve discretely between themselves Sharemos will act as a mediator and its ruling / saying is the final one.

In case of any illegal activity by any of the Users Sharemos reserves the right to report the case to the local authorities and disclose any personal data authorities might ask us.

Damaging, losing or stealing the equipment

Both parties (Booker and Renter) agree to cooperate with us in case of any problem, dispute or claim that might be opened by one of them. We keep the right to ask both parties to provide any information we find relevant in case of dispute such as photos, description or anything we consider relevant.

You agree that as a Booker of a listing you are the sole responsible for it. No matter if the listing is used, lend to or stolen by a third person you will be held responsible in terms of resolving any possible claim. It is your obligation to return or leave the listing in the same condition that it was in when you started using it. In case the Owner opens a claim and provides evidence of any damage, loss or theft you agree to act in good faith and accept the claim and let us deduct the claim amount in order for the Owner to fix the damage. If you don’t agree with the amount you are sincerely asked to come to an agreement before rejecting it.

In case of rejecting the claim both parties agree and accept our ruling in terms of safety deposit deduction whether it’s partial or full in favour of the Owner or the Booker.

Both parties are informed about an opened claim and have 2 days to resolve it. If a claim is not rejected then automatically the security deposit will be transferred to the user who opened the claim. If the claim is rejected Sharemos will intervene. In case of accepting the claim the claim is considered to be resolved and it is irrevocable.

If a Booker doesn’t return a listing at the agreed time and he cannot be reached or refuses to return the item in the next 24h the Owner agrees to report the case to the authorities. Sharemos will provide any information it has about the renter to the police in order to resolve the case. Of course, the whole amount of security deposit will be transferred to the Owner.

Card processing and bank transfers

Sharemos LTD delegates all card processing including payments, bank account transfers, refunds, wallet transfers etc. to its PCI compliant partner Mangopay and by using our platform you also agree to their terms and conditions

When a user registers to Sharemos platform we create a wallet for him / her. When Sharemos charges the Booker’s card Booker’s wallet is where the money from a charged card goes. A user can see the wallet saldo in his profile. If he / she has an open booking then the amount of the booking (safety deposit included) is blocked within her/his wallet and can be accessed only by canceling the booking (if applicable). All the money in the wallet (if not blocked by an opened booking) is available for a transfer to a users bank account.

When an Owner receives a payment his wallet will reflect that transaction and all the money will become available for an immediate transfer to a bank account he / she provides (if applies - fees deducted from the amount). Please note that these transfers usually take 2 days, but can take up to 7 days.

Every user who wants his/her wallet saldo to be transferred to a bank account has to provide one. If no bank account is provided Sharemos has no way of transferring money to the user.

Booking acception and Cancelation

Owner of the listing is allowed to accept or reject any incoming booking freely without any explanation. Booker will be notified about this action through an email.

Both Owner and Booker are allowed to cancel any accepted booking with no charge as long as they do it up to 24h before the start date. Note that a booking cannot be canceled if within the 24h before booking start date.

Booker will have to pay the full price of the booking if he doesn’t cancel it on time. Booking amount will be transferred to the Owner and the security deposit returned to the Owner.

As an Owner you have the obligation to cancel the booking on time or inform the Booker directly if something occurs and you cannot meet the Booker. Please note that the Booker will have an option of leaving a negative feedback regarding you which might lead to lower credibility on the platform.

Booking

Booker is advised to contact the Owner before booking if there is any doubt he might have in order to avoid booking rejections, waiting or any unexpected surprises regarding the listing description, quality etc.

When a Booker selects the booking dates and pays the booking, the amount that is charged from the card is transferred to Sharemos but it’s held in Booker’s own wallet that he can control in his profile. That amount is kept reserved and cannot be transferred back to the bank account until the booking ends or unless the booking is canceled or rejected.

If a Booker cancels the booking before the Owner accepts it the whole amount in the Booker's wallet that was reserved for the booking is immediately available to the Booker for booking another listing or for a transfer to a bank account.

The Owner receives an email notification when a new booking requests arrives and can freely decide to accept it or reject it. If he/she decides to reject it the Booker’s money is immediately unblocked and at Bookers disposal to be transferred back to the bank account or to be used for another payment. By accepting the booking both users agree to behave in accordance with the terms that apply to that situation.

If you as ba ooker don’t find the listing as described when you meet the Owner you have the option to open a claim stating the reason and the whole amount of the Booking will be refunded to you. Of course, we reserve the right to decide whether the reason is valid or not.

If the the Booker doesn’t meet the owner at the time and the address agreed the Owner can open a claim indicating the reasons of it and we will return the full amount back to him / her. Sharmeos reserves the right to investigate the reason of the claim and decide how to solve the opened claim. Both parties agree to accept Sharemos’ ruling of the claim.

In certain cases Sharemos can and will (in its sole discretion) cancel a confirmed booking made through the platform and override any or all terms of cancellation. This is applied in cases of serious illnes of any of the parties, death in the family, an accident suffered (not limited to).

Currency exchange fees

Sharemos main currency is euro (€) and Bookers understand that there are additional exchange fees their card issuer or their bank may apply in case of paying with a card connected to a bank account in other currency than euro.

Taxing

You as the Owner understand and agree that you are the sole responsible for any taxing obligations you have in your country. Sharemos will not inform anyone about any activity unless asked by the authorities (if applicable). We do not offer any taxing reports or advices to our users.

User conduct

As a platform user you agree NOT to:

We keep the right to access, keep, investigate and disclose any of your private information if asked by the authorities in case of breaking the law or if there is any suspicion of doing so. We also keep the right to check any information you provided and the one we can access from your usage of the platform in order to avoid fraud, misuse, investigation, customer service, development and improvements of the platform and all other services.

If your interaction with other users either on the platform or in person becomes in any sense offensive, violent, sexualy innaporpiate or you suspect that another user is trying to steal from you or do you wrong in any sense you should instantly report that behaviour to the authorities and inform us about that to undertake necessary actions towards that user.

Internet Privacy and Cookies Policy

You can check our privacy and cookies policy at www.sharemos.com/en/privacy_policy

Copyright

All content found on the platform including (but not limited to) users’ content, platform content, logo, trademark, design including any intellectual property right are solely property of Sharemos. In case of infringing any of the copyright you will be held responsible and reported to the authorities.

You agree not to copy, modify, reuse, distribute, license, sell, transmit, transfer or otherwise exploit any content you find on the platform considers to be Sharemos or user content.

User Content

You agree and understand that any content you publish or upload becomes User content of Sharemos platform and herby grant Sharemos the right to view, share, modify, adapt, distribute, license, sell, transfer, show publicly, reuse and otherwise exploit all User content with the purpose of promoting or market the platform. We do not claim any ownership rights over any User content.

You acknowledge and confirm that you are the owner of all content that you add and make available on the platform. If any of the content that you publish on the platform infringes any copyright, third party rights or violates any law of intellectual property you are to be held responsible for it. Sharemos reserves the right to immediately block that content and make it publicly unavailable.

Google maps

Our platform uses google maps for some localization functionality and by using our service you also implicitly agree to Google’s terms and conditions: https://developers.google.com/maps/terms

Governing Law

These terms and conditions shall be governed by and construed in accordance with English Law and all parties shall submit to the exclusive jurisdiction of the English Courts. If you have any queries or complaints please contact us at info@sharemos.com