Terms of use for the ShareP-Platform and App

Version 28.12.2020

  1. Description of the ShareP-Platform and operator

    1. ShareP AG, with its registered office in Zurich/Switzerland, address at Viktoriastrasse 23, 8057 Zurich/Switzerland, and registered in the commercial Register of the Canton of Zurich under company number CHE-458.596.730 (hereinafter “ShareP AG”), operates an online platform and an app called ShareP on < www.sharep.io > hereinafter referred to as “ShareP Platform” for both and all subdomains, where registered persons (hereinafter referred to as “users”) may offer or search for and lease parking spaces for cars, motorcycles and bicycles (hereinafter referred to as “parking spaces”) for hire. Those users who offer parking spaces for rental are hereinafter referred to as “Lessor”. Users looking for and renting parking spaces will be referred to hereinafter as “tenants”. Depending on the parking area, a user can be either a landlord or a tenant.
    2. The ShareP Platform is a brokering platform on which Lessor and Lessee can conclude a short-term and long-term lease agreement for parking spaces and can offer various services for simple processing. The ShareP operates the ShareP Platform and offers services related to the conclusion and performance of the leases relating to parking spaces. However, ShareP AG is neither the owner, provider nor manager of the parking spaces, nor is it acting as representative of landlords or tenants. ShareP is not a party to the lease agreement relating to the parking space between a landlord and tenant.
    3. Registration on the ShareP Platform offers no guarantee that a landlord will be able to lease his parking space effectively and that a tenant will actually find and rent a parking space. The parking spaces and data of users displayed on the ShareP Platform are not of ShareP AG but reflect the content uploaded by users.
  2. Applicability and amendments to these terms of Service

    1. These terms of use (hereinafter “terms of use”) conclusively govern all rights and obligations between, on the one hand, ShareP AG and, on the other hand, the users regarding the use of the ShareP Platform and the services offered on the ShareP. These terms of use shall be deemed to have been read, understood and accepted by any user who has registered on the ShareP Platform.
    2. Should any provision of these terms of Service be or become invalid, this shall not affect the validity of the remaining terms of use. The invalid provision shall be replaced by an effective provision that approximates as closely as possible the economic purpose intended by the invalid provision. The same shall apply to any gaps in the terms of use.
    3. ShareP AG may amend these terms of Service and the Offer on the ShareP Platform at any time. Registered users will be notified of any change by @email 30 days in advance. The amendments shall be deemed accepted by and binding on users if they do not delete their user account after 30 days from the date of notification.
  3. Requirements for registration of User account, use and electronic money Exchange

    1. The use of the ShareP Platform requires the registration of a user account. Registration is only permitted for natural persons who are at least 18 years old and have legal capacity, or legal entities.
    2. The information required for registration must be complete and accurate at all times. In the event of changes, the User is obliged to adjust this information to its User account without delay. Communications shall be deemed to have been validly served upon delivery to the specified support@sharep.io or postal address.
    3. Each User is obliged to open an electronic money exchange at CM.COM Netherlands B.V. Konijnenberg 30, 4825 BD BREDA, Netherlands (the) VAT number: NL815652288B01, COC number: 20123808 against a valid credit card.
  4. Lease agreement

    1. The conclusion of a lease agreement for a parking space constitutes a right granted by the Landlord to enter the parking space in question at the agreed term of the lease and to stop the vehicle designated by the Tenant in the lease agreement, in return for payment of a rental fee.
    2. The Landlord shall retain the right to enter the parking space also during the agreed term of the Lease.
  5. Rental fee, Finder's fee and payment processing by CM.COM Netherlands B.V.

    1. No basic fee will be charged for the use of the ShareP Platform. The rental fee paid by the Tenant via the ShareP Platform shall be passed on to the Landlord, less any brokering fee (plus any applicable taxes) pursuant to the current price list of ShareP AG as compensation for ShareP AG for brokering and performing the Lease Agreement and the related services via the ShareP Platform.
    2. The rental fee for parking spaces is based on the current price list of ShareP AG, depending on the individual parking space, supply and demand, as well as the term of the lease. The rental fee shall be charged to the Lessee's electronic money exchange at CM.COM Netherlands B.V. at the time of entering into a lease agreement, regardless of whether the Lessee actually uses the rented parking space.
    3. Payment for rental payments will be made via the electronic money exchange opened with the payer CM.COM Netherlands B.V. The general terms and conditions of CM.COM Netherlands B.V. shall apply to the use of the electronic money Exchange of CM.COM Netherlands B.V. The terms and conditions of CM.COM Netherlands B.V. are deemed to have been read, understood and accepted by the User who has opened an electronic money Exchange on the ShareP Platform.
  6. Cancellations and breaches of the Lease

    1. The cancellation of lease agreements shall be free of charge up to 24 hours before the commencement of the agreed term of lease, regardless of whether the cancellation is carried out by the Tenant or the Landlord. In the event of cancellation up to 24 hours before the commencement of the agreed term of the Lease, the rental fee paid by the Tenant shall be fully refunded to the Tenant's electronic money Exchange. In the event of cancellation less than 24 hours before the commencement of the lease, no rent shall be refunded.
    2. If, after the planned end date of the agreed lease term, a lessee has still parked its vehicle on the leased parking space, the Lessor shall have the right to remove the vehicle from the parking space or, at the Lessee's expense, to have it removed by means of a filling service of its choice. The extended use of the parking space shall be charged to the Tenant, in addition to a penalty payment in accordance with the current price list of ShareP AG. Any further claims of the Landlord are hereby excluded.
    3. In the event that a Tenant is unable to use a parking space leased by it due to either the Landlord or a prior Tenant having its vehicle in the parking space during the agreed term of the Lease, the Tenant shall be fully reimbursed for the rental fee paid on its electronic purse exchange, and the ShareP Platform shall provide support for the rental of a replacement parking space, if available. All further claims of the Tenant are hereby excluded.
    4. If a User proves that another User has damaged his parking space or vehicle, he may make a claim report using a form made available on the ShareP Platform. ShareP AG will endeavour to broker and find a solution. Any further duties or responsibilities of ShareP AG are hereby excluded.
  7. Obligations and responsibilities of all users

    1. Each user is responsible for keeping his/her password secure and protected for login to the ShareP Platform. Each User is responsible for all content uploaded through its User account, provided information, transactions made, completed lease agreements and contractual performance of the lease agreements entered into, damages in connection with the performance of these lease agreements, communication, and other measures and omissions.
    2. Each user is obliged to act in good faith when using the ShareP Platform. In particular, each User undertakes to:
      • upload and make only offers and requests on the ShareP Platform that are serious, described to the best of our knowledge and belief, up-to-date and legal; and
      • upload only content (text, photographic, image, video or sound material) that is accurate and does not infringe any statutory provisions or third-party rights (intellectual property rights or personality rights).
    3. Each User shall use the ShareP Platform, the offers and enquiries, as well as the personal data received therefrom, including but not limited to, the name, address, ownership and images, solely for the purposes of renting, searching for and renting parking spaces on the ShareP Platform and for the performance of the subsequent lease agreements. Any use for other purposes is prohibited. Users shall be prohibited, in particular, from providing information on other users, parking spaces or vehicles:
      • Disclose to third parties; or
      • to be used for advertising purposes; or
      • to be used for staging, harassment or other non-lawful purposes.
    4. Users shall not copy, damage, manipulate, hacking, impair or decrypt the ShareP-Platform.
  8. Additional Lessor obligations, responsibilities and liability

    1. Each Lessor shall receive from ShareP AG, free of charge, a device for use and installation on the guarantor, which is necessary for its operation or for access to the parking space to be leased. The Lessor undertakes to install the device in accordance with the instructions of ShareP AG. The correct installation of the device is a prerequisite for renting the parking space, since it is only with correctly installed equipment that the guarantor can be opened using ShareP AG's app.
    2. Each Lessor shall:
      • Provide only accurate and accurate information on the address, accessibility and mass of the parking space; and
      • to have freely and cleanly available the parking space during the agreed lease term.
    3. Each landlord shall be responsible for and ensure that the letting or subletting of the parking space is permitted by law and by contract. There are laws, condominium owner regulations and landlords that prohibit the rental and subletting of parking spaces to third parties or make them dependent on the existence of consent.
    4. Each Lessor shall comply with the existing Lessor obligations under applicable law to properly report and pay applicable value added tax or other taxes.
    5. Each Lessor shall be liable for any damage caused to the vehicle as a result of its incorrect statements or as a property owner or landlord of the parking space. Such information shall be reported on the form made available on the ShareP Platform and shall be fully replaced by the Lessor.
    6. Each Lessor shall have a valid insurance scheme in place to cover any damage caused to outsourced vehicles.
  9. Additional requirements, duties and responsibilities of the Lessee

    1. The condition for a rent is that a sufficient amount is available on the Lessee's electronic purse exchange to charge the rent.
    2. In order to use the leased parking space, the Lessee's mobile phone must have a network connection and allow geolocation.
    3. Each lessee shall be obliged to leave the leased parking space in the condition in which it was found, i.e., clean, undamaged and in accordance with the agreement. Each lessee shall be liable for any damage caused by the car parking or garage. Such information shall be reported on the form made available on the ShareP Platform and shall be fully replaced by the Tenant to the Landlord.
    4. Each lessee shall have at its disposal valid liability insurance for the vehicle stationed on the leased parking space, pursuant to which any damage caused at the leased parking space may be covered.
  10. Rights and obligations of ShareP AG

    1. ShareP AG undertakes to provide remote assistance by @email support@sharep.io during working days (Monday to Friday, except on public holidays) at ShareP AG's registered office, each between 9.00 and 17.00 a.m., with a response time of 4 hours within said business hours.
    2. ShareP AG does not carry out any content control of the information provided by users and uploaded content. However, ShareP AG shall have the right to inspect, reject or delete information and uploaded content from users whenever there are indications of breaches of statutory provisions or third-party rights or these terms of use, as well as otherwise at its sole discretion. In the case of such notices, ShareP AG is then entitled to exclude individual users from using the ShareP Platform and to delete their user account.
    3. ShareP AG is entitled to disclose to public authorities all data relating to users if there are indications of a violation of applicable law or third-party rights by the user in question, or if a government authority submits a request.
  11. Data Protection

    1. ShareP AG processes personal data on a confidential basis in compliance with Swiss data protection legislation.
    2. If a landlord and a tenant enter into a lease agreement on the ShareP-Platform, the personal data of the other party to the lease agreement will be disclosed.
    3. ShareP AG processes the personal data made accessible by users only for the purpose of providing the services under the User Agreement.
    4. For the provision of the services, ShareP AG involves selected third-party companies that have access to the personal data made accessible by users (including payment settlers, hosting providers, it services). ShareP AG undertakes to contractually undertake to keep these third-party companies involved in the provision of services confidential and to take measures to protect personal data, and to prohibit them from using them for its own purposes.
    5. Users consent to the data processing and disclosure described in this section. Requests for information or correction must be sent to the following e-mail address: support@sharep.io
  12. Intellectual property

    1. The ShareP Platform, its design, the software contained therein, the content, marks and other data contained therein are the intellectual property of ShareP AG or of third parties protected by copyright, trademark law or other laws. This intellectual property may only be used for the brokerage of short-term and long-term rents relating to:
    2. Parking spaces. Any other use is prohibited. Each user has the right to access and change the content uploaded to the ShareP Platform (text, photograph, image, video or sound material). Each user is aware that other users have access to this content. As it is available online, it can easily be copied and remains archived even after deletion from the ShareP Platform. Each user grants ShareP AG an unlimited and unlimited license to use the uploaded content on the ShareP Platform.
  13. Liability and indemnification

    1. The offers from landlords and lessees on the ShareP platform come from users, not from ShareP AG. ShareP AG does not carry out any content control. ShareP AG cannot therefore assume any liability for offers, search enquiries and the content contained therein, in particular that the offers and search enquiries are serious, truthfully described and up-to-date, and that users comply with their obligations under these terms of use. The respective users are solely responsible and liable for this.
    2. The contracting parties to the lease agreements entered into via the ShareP Platform are the landlord and tenant, ShareP AG is not a contracting party to the lease agreements entered into, so ShareP AG cannot assume any liability for acts and omissions in connection with the lease agreements, the violation of these terms of use, the correctness and fitness of the parking space offered, the violation of the lease agreements, damage to the parking space or the saved vehicle. The responsibility for this lies solely with the landlords and tenants. Each User shall be responsible for all acts and omissions under the lease agreements entered into through its User account. Rental disputes shall be the responsibility of the respective landlords and tenants.
    3. ShareP AG endeavors to ensure the uninterrupted operation of the ShareP Platform but is not liable for the functioning network connection and geolocation of the user's mobile phone in order to locate the parking space and open the garage store.
    4. Unfortunately, the transmission of data over the Internet is never completely secure despite the use of security measures to protect the data entered. Therefore, ShareP AG cannot guarantee the security of the data. Any transmission of data and content shall be at the User's own risk.
    5. The liability of ShareP AG shall be excluded to the extent permitted by law.
    6. If users, condominium owner collectives or landlords of landlords, authorities or third parties assert claims against ShareP AG for the conclusion of leases, or for the conduct or content of users via the ShareP Platform, the responsible User undertakes to indemnify ShareP AG against all claims, fines, damages and costs (including court and attorney's fees) incurred by ShareP AG. In asserting such claims, ShareP AG is entitled to disclose the identity of the responsible user.
  14. Term of Agreement

    1. The User may terminate the User Agreement with ShareP AG at any time with immediate effect by deleting the App. ShareP AG may terminate the User Agreement with a User at any time with immediate effect by preventing access if a User breaches these terms of use, failing which only by means of @email notification subject to a notice period of 14 days.
    2. Upon termination of the User Agreement for the ShareP Platform, all future lease agreements shall be cancelled. However, an termination does not result in the deletion of all of the user's personal data, since it is stored additionally in accordance with the statutory retention and documentation obligations, as long as claims can be asserted against another user under the User Agreement against ShareP AG or under a lease agreement. As soon as this personal data is no longer necessary for the above-mentioned purposes, it is deleted or anonymized as a matter of principle and to the extent possible.
    3. Upon termination of the User Agreement for the ShareP Platform, Lessor shall immediately remove the device provided pursuant to clause 8.1 of these terms of Service from the guarantor and return it to ShareP AG in an orderly and cleaned condition at its own shipping and customs costs. The Lessor is obligated to reimburse ShareP AG in full for the costs of necessary repair or replacement of the device if the device has damage attributable not only to pure utility provision but also to lack of care. The Lessor shall then be obliged to reimburse in full the costs of replacement of the device, unless the device is returned within 30 days of termination of the User Agreement at the latest.
  15. Applicable Law and jurisdiction

    1. All disputes arising in connection with the use of the ShareP Platform between ShareP AG and a (current or former) user shall be governed by substantive Swiss law, to the exclusion of international conflict-of-laws rules and agreements.
    2. The ordinary courts at the registered office of ShareP AG in Zurich/Switzerland shall have exclusive jurisdiction for all disputes.

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