Terms and conditions
1. Contractual relationship
These terms and conditions constitute a legally binding agreement ("Agreement") between you and Cube Living, Inc. (the "Platform", "Cube", "Cube Living", "we", “us”) and govern the access or use by you, a person or entity, from any country in the world, of apps, websites, content, products and services (the "Services") made available by Cube, a Canadian corporation, with offices at 4332 Avenue Charlemagne, Montreal, H1X3N4, Canada.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Cube is a platform that enables users of Cube’s website and other applications and products, ("Members") to book a Coliving Experience offered on the Platform under various Cube brands. A Cube Coliving experience consists of signing a long-term 12-month residential rental contract with a third-party Real Estate Partner (“owner”) and the purchase of services offered and provided by Cube and other third-party suppliers, with the aim of sharing the dwelling and the cost of the rent with other co-tenants who are members of Cube. Members and Real Estate Partners are collectively referred to as Parties ("Parties").
Real Estate Partners
Real Estate Partners ("Partners", “Owners”, “Landlords”) are independent third parties and offer their Properties for rent on the Platform to Cube Members as part of the Coliving Experience booked by Members. Real Estate Partners and Members mutual obligations are defined through the residential lease agreement signed by the Parties. When Members and Partners sign a residential lease, they enter into this lease directly with each other. Cube does not act as an agent, or a broker of the Parties.
To assist Members who speak another language, Advertisements and other forms of Content may be translated, in whole or in part, into other languages. Cube can not guarantee the accuracy or quality of these translations, and it is up to Members to check the accuracy of these translations. The Cube platform can contain translations offered by Google. Google disclaims all express or implied responsibility for the content of the translations, including accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and failure to comply with any regulation.
Due to the nature of the Internet, Cube can not guarantee the uninterrupted and continuous availability and accessibility of the Cube Platform. Cube may limit the availability of the Cube Platform or certain areas or features of the Cube Platform, if necessary because of limited capabilities, to maintain the security or integrity of our servers, or to perform maintenance operations in order to ensure the proper functioning or improve the functioning of the Cube Platform. Cube can enhance or modify the Cube Platform and add new Cube Services at any time.
3. Your Use of the Services
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Real Estate Partner or any other party.
When you create an account on Cube, you will need to provide us with information that is accurate, complete and up-to-date at all times. Failure to comply with this obligation constitutes a violation of the Terms, which may result in the immediate closing of your account on our Service.
You are responsible for backing up the password you use to access the Service and for any activities and actions that may be done with your password, whether the password is with our Service or a third party service.
You agree not to disclose your password to a third party. You must inform us immediately of any security breach or unauthorized use of your account.
Member’s Generated Content
Cube may, in Cube’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cube through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Cube, you grant Cube a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cube’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cube the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cube’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cube in its sole discretion, whether or not such material may be protected by law. Cube may, but shall not be obligated to, review, monitor, or remove User Content, at Cube’s sole discretion and at any time and for any reason, without notice to you.
Cube provides the member with content such as, but not limited to, photos, video recording, virtual visit, floor plan, descriptions, in order to highlight the property for rent. Listing contents are created on behalf of the Real Estate Partner and validated by the Real Estate Partner with the purpose of giving Members the most accurate views of the property attributes. You are solely responsible for assessing the qualities of the property based on the Listing content. Cube can not be held responsible for breakdowns, malfunctions, missing information, description or any element that may not be visible in the Listing.
Cube provides Members with a feature called "Secure Profile" to assess the Member’s capacity to pay the rent and behave in a correct manner and in accordance with the property rules as a tenant. The assessment is based on information provided by the Member about their identity, financial information, occupation and other information that Cube considers helpful and necessary to proceed to the assessment. This assessment comply with all applicable laws and regulations on non-discrimination. Cube has all rights to accept or reject a reservation of a property on behalf of the Real Estate Partner based on the results of the risk assessment.
Cube provides Parties with a solution for the preparation and signing of the lease. The lease project is pre-filled by Cube according to the terms negotiated between the Parties and then sent to the Parties for signature. However, the Parties are fully responsible for the content of the Lease, the conditions and the veracity of the information contained therein.
The lease is a model complying with the laws and regulations in force, sent to the Parties for signature via a recognized third party electronic document signature service.
As part of its service included in these terms, Cube offers to replace Members who want to move out from their Cube Coliving space after a 60-day notice sent by email to the Cube support. Members can also suggest another person to replace them and this person will have to go through the regular selection process.
As a technology platform Cube does not function as a real estate agent or broker and does not organize nor proceed to in-person visits of the properties. Visits are only virtual and made through the Listing.
4. Rent Payment and Service Fees
Cube will facilitate the payment of the rent by collecting such due rent payment on behalf of the Real Estate Partner using an automatic withdraw on the Member's bank account every 1st day of the month.
Cube may offer the possibility to its members to subscribe to 3rd party services such as monthly cleaning, food delivery an other. The cost of these services, when added in the lease, are directly included in the rent.
You agree to indemnify, defend and protect Cube, its directors, officers, directors, representatives, employees, contractors, licensors, holders, suppliers and agents from the consequences of any claims, losses, damages, obligations, costs, actions or requests.
These include, but are not limited to: (a) reasonable accounting and legal fees resulting from your use of the Service; (b) a violation by you of the Terms; (c) everything you post or transfer through the Service; and (d) any activity related to your account. This includes any unlawful conduct or negligent act by you, any other person or entity having access to the Service using your account, whether such access is obtained by fraudulent or illegal means.
6. Limitation of liability
Cube, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable, directly or indirectly, for any particular, incidental, consequential or punitive damage or loss, including, without limitation, economic loss, damage or loss of electronic equipment, loss of goodwill, or other intangible loss, resulting from (i) your use of the Service; (ii) your use or inability to use the Service; (iii) any behavior or content of a third party on or related to the Service; (iv) any content obtained through the Service; and (v) any unauthorized access, use or alteration of your transmissions and content, whether on the basis of any warranty, contract, tort (including negligence) or any other legal hypothesis whether or not we were aware of the possibility of such damage, and even if the proposed remedy fails in its essential purpose.
7. Disclaimer and rights reserves
Cube does not provide any warranty or guarantee with respect to the website and related technologies. All warranties allegedly applicable and conditions are excluded to the extent permitted
under applicable law. You use the Service at your own risk. The Service is offered "AS IS". The Service is offered without warranty of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, subject to applicable laws. from any province in Canada. In such cases, provincial laws will apply to the extent necessary.
Cube, its affiliates and affiliates make no warranty that (a) the Service will be accessible without interruption, secure or available at any particular time; (b) it will be error-free or that
defects will be corrected; c) the Service is free of viruses or other destructive elements; or d) the results obtained using the Service will be in accordance with your requirements.
If you breach any of these Terms and Cube chooses not to act immediately, or chooses not to act at all, Cube Living will have all of its rights and privileges to any future date or situation in which you breach any of these Terms. Conditions. Cube Technologies, Inc. does not waive any of its rights. Cube will not be held responsible for any alleged breach of these Terms
caused by circumstances beyond his control. Anyone not party to the Terms will not be entitled to apply them.
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms.
As noted above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above exclusions may not apply to you. The laws of Canada may apply to certain products and services rendered.
9. Applicable law
These terms will be governed by and construed and enforced in accordance with the laws of Quebec, Canada, as applicable.
If any provision of these Terms is required to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the sole and entire agreement between you and us regarding our Service, and replace all previous agreements, oral or otherwise, with respect to the Service.
We reserve the right to modify or replace these Terms at any time. If a revision is noticeable we will notify you at least 30 days in advance of the changes that will be made. What constitutes a significant revision will be determined in our sole discretion.
By continuing to access or use our Service after any revisions come into effect, you agree to be bound by the revised terms. If you do not agree to these new terms, you are no longer allowed to use the Website and the Services.