"Website": the domain https://sharewood.io, including the potential subdomains, any URL or their parts.
(i) Files containing texts, images, audio recordings and/or videos, data and/or information organized in a data bank, but generally any file, document and/or information of any size made available by Sharewood on the website, the App or the Services, including any content licensed by thirds;
(ii) File containing text, images, audio recordings and/or videos, data and/or information organized in a data bank, but generally any file, document and/or information of any size transferred, copied, sent and made available by the Members and/or the Website Visitors and/or however developed by the Members by using our Services. Each content will also be defined as "Content".
"Service": Services provided by Sharewood through our Website, among which an online platform to view or publish renting ads and other Contents.
"User's Account": any physical or legal entity who enters the website, whether a community member or not.
"Member": any User who completes Sharewood's account registration process, including, among others, Owners and Leasers, in accordance with the description in the following section "Account Registration". Each member will be identified by a nickname self-chosen when registering and not successively changeable.
"User's Account": personal area reserved to each Member. It is accessible with a password and contains the Member's personal information.
"Personal information": every Member's personal information collected through the Website, including name, address and phone number.
"Owner": each Member who rents out at least one item by using the website sharewood.io.
"Leaser or Tenant": any Member who rents an item using our Website.
"Item or Product": piece of outdoor equipment made available for renting by an Owner through our Website, App and Services.
"Ad": the tab published by an Owner related to the Item that he/she updated.
"Reservation request": the request made by a Leaser for renting out the Item of a specific Ad.
"Time of Reservation Acceptance":the lapse of time, starting from a Leaser's reservation request (as determined by Sharewood on its discretion), during which an Owner can decide to confirm or deny such reservation request, as determined in the Website, the App or by the Services.
"Reservation Acceptance": the Owner's acceptance of the Reservation Request made by the Leaser.
"Compensantion": the amount owed by the Leaser in order to use the Item.
"Transaction": the consideration supply owed to the Owner.
Website, App and Services are part of an online platform through which the Owners can create Ads for their outdoor equipment and the Leasers can inquire and make a reservation, directly with the Owners. Sharewood does not provide renting services; Sharewood is not part of any contract framed between Owners, neither is a mediator, representative or insurance agent. Sharewood does not have any control over the behaviour of the Owners, Leasers and other Users of our Website, App or Services, neither over any Item, and it excludes all liabilities about it, within the legal limits.
Sharewood does not verify the quality, safety and legality of the Items offered for renting; it does not check the veracity or the Users' account accuracy, that is the Owners' ability to rent out the listed items, or the Leasers' solvency to make the payment for the renting of items and products. Any security deposit or guarantee requested by the Owner in any form, remains under the exclusive responsibility and discretion of the Leaseholder and the Owner. Sharewood is not responsible for the collection, preservation or return of any security deposit, the control over any exact identity of Owners or Leasers, or for the collection of money owed by the Leaseholder to the Owner. Proprietario, ovvero dal Proprietario al Locatario.
The Website includes an open space for the public and a private area reserved only for the Members. The public area allows to view the Ads published by the Owner. The private area is the Website part accessible only after the User's authentication. The Members can enter their private area by keying the password previously chosen when registering.The private area allows the Members to:
The User's Account is personal and cannot be given to thirds.
The Member undertakes to keep secret the password for accessing the User's Account. The User's Account and its password are private and must not be shared, communicated or transferred to any other physical or juridical entity, within the legal limits.
The Member acknowledges and agrees to be the only responsible for the use of his password and for any User's Account utilization. He also agrees to be the only responsible for every consequence and obligation linked to the use of his password and his User's Account by third parties.
The Member also acknowledges and agrees to the Website's potential use of his User Account, Username or password to prove his/her use. The occurrence of any of these activities on the Website is considered as carried out by the Member. Every judgement, information, opinion or comment is specifically attributed to the Member.
The registration of an Account entails, in particular, the communication by the Users of a valid email address that will be used for the communication between the Member and the Website; it will also be used as an univocal identification for the User Account. Every communication sent by the Website to the Member by email, is qualified as received by the Member and therefore acknowledged.
Also, the Member agrees to provide a physical address requested by Sharewood when registering the Account and when publishing an Ad, in order to fully exploit our geolocation tool.
The address of the Owner, who offers his/her Item for renting, can be sent to the Leaser once the reservation Request is accepted.
In order to register and use our Services, you must have reached the age of majority and be able to close a directly binding contract. Sharewood will never be responsible for a minor's communication of falsified personal information.
The Users undertake to provide true and complete data when registering; the Users also undertake to update their information in order to constantly guarantee the accuracy.
The person who registers in the name or on behalf of a company, guarantees to have the authorizations for accepting this Terms in the name of and on behalf of it.
Sharewood cannot be considered responsible for the Members' incompleteness or the falsifying of the data provided.
Sharewood reserves the right to suspend or shut down the Members' Accounts without prior warning for any reason, including:
Sharewood (the company, its employees, directors or agents) is not responsible for complaints, requests or damages (effective or consequent) of any kind related to the shut-down of an Account.
The User can choose to register by logging in with his Account among the given third parties social networks ("SNS"), (including, for instance, Facebook); each one of these Accounts is denominated "Third Party Account", within our Website or App, according to the following explications.
As integrant part of the Website, App and Services, the User can connect his Account Sharewood to the third parties Accounts, as following:
The User declares to have the right of revealing his/her the Third Party Account's data of access to Sharewood and/or consenting Sharewood to access such Third Party Account, without violating any Term or Condition which regulates the Third Party Account, and without forcing Sharewood to remit any Commission, or the limitation of Sharewood's utilization imposed by the provider of such third party Service. By consenting Sharewood to access any of these Third Party Accounts, the User acknowledges that Sharewood will access, make available and store (if applicable) any Content provided and filed into his/her Third Party Account ("SNS Content") in order to have it available on the Website, App or Service through his/her Sharewood Account and the page of his/her Sharewood Account profile.
If differently explained in these Terms, every SNS Content, if any, will be considered Members' Contents for every purpose of these Terms. Except for the privacy settings chosen in those Third Party Accounts, the personal identification data published on such Third Party Accounts will be available on and via the User's own Sharewood Account on the Website, App and Services. Please notice that if a Third Party Account is closed by the provider of such Third Party Service, the SNS Content will not be available on and via the Website, App and Services. The User's intercourse with the provider of third party Services linked with the Third Party Account, is exclusively ruled by their agreements with such providers. Sharewood does not squander any effort to analyse or verify the SNS Contents, for instance related to their accuracy or legality. Sharewood is not responsible for any SNS Content.
The Ads describe the Items; they can include a text, document and pictures that the Members can choose to update on the given tab, under their own responsibility. A category is associated to each listed Item; the Owner is the only one responsible for choosing the category in which his Product will be inserted.
The Item's description must mention, if any: specific renting conditions, including the terms for a safe use of the Item, the safety deposit and the renting availability calendar.
The physical address of the renting place, the Owner's address, fax or phone number, email address or any other web address is understood to be contact information.
The Owner cannot in any case modify the transaction's consideration after accepting it. When accepting a reservation request, the Owner undertakes to solicit the advertised consideration from the Leaser.
The Owner and the potential Leaser can share their identity, i.e. their contact information, only after the Transaction is completed.
"Consideration" indicates the amount owed by the Leaser to the Owner and due in order to use the advertised Item, and potential Services linked to it. Only the Owner, not Sharewood, is responsible for decree the Consideration related to his/her Ad. The Owner is free to decide to include in the sum:
"Owner's Commission" indicates the costs that Sharewood charges to the Owner for using its Services; such costs are:
"Tax" o "Taxes" indicate any tax on sales, value added tax (VAT), taxes on goods and services, tax of temporary location, and/or general taxes; these taxes may have to be collected, under the law, by whoever provides the Items of outdoor equipment, and are to be deposited to the public agencies in charge, as well as other similar indirect taxes: municipal, governmental, federal and national or other detraction and taxes on personal or corporate income.
Website access, registration and consultation are free.
To the Owner who is Requested a Reservation for his Item through the Website, App or Services, will be asked to confirm or ignore such Reservation Request. When a Reservation Request occurs via the Website, App or Services, Sharewood will share with the Owner:
When the Owner confirms a Reservation requested by a Leaser, Sharewood will send an email, a text message or a message through the App to confirm such Reservation, according to the settings chosen by the Owner on the Website, App or Service.
With this document, the Owner nominates Stripe Payments Europe Ltd (as following: Stripe), his provisory agent for the payments collection with the exclusive purpose of receiving the Consideration from the Leasers.
The Owner agrees that the payment made by a Leaser through Stripe, will be considered in the same manner as a payment directly payed to the Owner; the Owner will have to make the Item available for the Leaser in the above arranged way, as if the Owner already received the Consideration. Each Owner acknowledges that Stripe's obligation to pay him/her depends on the Leaser's payment delivery, since Stripe accepts such payments made by the Guests as a provisory agent of payments collection. Sharewood does not guarantee payments in favour of the Owners for unsuccessful payments carried out by Leasers through Stripe. By accepting the nominee of provisory agent authorized by the Owner, Stripe does not take any responsibility regarding potential Owner's action or omission. Please note that Sharewood currently does not charge commissions for the creation of Ads.
Stripe will cash-in the Consideration after the Leaser has payed (i.e. after the Owner has confirmed the Reservation) and will deliver the Consideration amount (withholding the Owner's Commission and any other tax related to the Owner's Commissions (i.e. VAT, in Europe), to the Owner within 7 days from the Consideration payment. The time necessary to the Owner for receiving the payments may vary depending on the payment modality chosen by the Owner. Some modalities include the use of third party payment processors, which can charge their additional costs to the Owner for using their Services, also through the deduction of such costs from the Transaction amount.
When the User accepts to pay a sum to Sharewood through Stripe (for a Reservation, as a Leaser or in other ways), Stripe may (without obligation to) withhold the amount due to Sharewood from any payment due to the Member as an Owner and devolve such sum as compensation to what the User owes to Sharewood. If Stripe uses this power, the debt owed to Sharewood will not be paid off for the amount corresponding to the sum withheld by Stripe, and Sharewood will be free from any obligation with the Member (including, for instance, any payment obligation) with reference to the amount withheld.
The Owner, not Sharewood, is the only party responsible for honouring any confirmed Reservation and for making available any Item booked through the Website, App and Services. The Leaser acknowledges and agrees that, when deciding to conclude a Transaction with an Owner, related to an Item, he/she concludes an agreement with the Owner itself, and undertakes to accept any term, condition, rule and restriction imposed by the Owner and linked to such Item. The Leaser, not Sharewood, is the only party responsible for the fulfillment of the obligations of such agreement; Sharewood is not part of those agreements and, except for the payment obligations according to this document, denies any responsibility deriving from or related to such agreements. Independently from Sharewood not being part of the agreement between the Owner and the Leaser, Stripe will behave as the agent responsible for the Owner's collection of payments with the exclusive purpose of accepting payments on his/her behalf. After the payment to Stripe, the Leaser's duty towards the Owner, regarding the Consideration, will be settled and Stripe will be responsible for paying the Consideration to the Owner (withholding the Owner's Commission and the relative Taxes, such as VAT), with these Terms' modalities. If Stripe fails to deposit such amount according to what's described in these Terms, the Owner will be able to behave only towards such Company.
The Leaser agrees to pay Stripe each confirmed Reservation made through his/her User Account, in compliance with these Terms, with one of the modalities described on the Website or the App, for example by credit card. The Leaser authorizes the amount collection by charging on his/her credit card given when requesting a Reservation, directly by Stripe or indirectly, through a third party which provides a Service to elaborate online payments, or through one of the payment modalities described on the Website or the App.
Sharewood does not pay taxes on behalf of Users or Website Members. The Users and Members are the only parties responsible for possible Taxes related to any intercourse Contract between them.
Depending on the circumstances, such as the number of transactions carried out and the object of the Transaction, the law can require permits or certifications. The User agrees to be the only responsible for obtaining permits or certifications that could be necessary for carrying out a Transaction or use the Website's Services. Sharewood is not responsible for determining whether it is necessary to have a permit and/or a certificate for using the Services or the Website, i.e. carry out a Transaction. Sharewood does not declare anything or give any guarantee about the permits or certificates of its Members or Users.
The User agrees that the Website use and the Services offered by it, is entirely his/her own responsibility. The Website and the Service are offered "as they are" and "as available", without guarantees and/or any kind of responsibility. Every explicit or implicit guarantee, including (without limitations) marketability, the qualification for a certain purpose, and not the violation of property rights, are expressly excluded within the legal limits. Within the legal limits, Sharewood declines any guarantee for the safety, reliability, promptness, precision and Website performance.
Within the legal limits, Sharewood declines every guarantee and responsibility related to the ownership of the Advertised Items: if the person who uploads an Ad is not the actual owner of the Item, Sharewood cannot be considered responsible for the real Owner nor for others.
Within the legal limits, Sharewood declines every guarantee for other Services or goods received through the platform or advertised on the Website.
Within the legal limits, Sharewood declines every responsibility concerning the spread of computer viruses or other dangerous components regarding the Website or the Service.
Sharewood will never be responsible for damages toward thirds or the contracting parties (Owner and Leaser) for using the Website or the Service, or for signing any contract between Owner and Leaser. Such responsibility exclusion concerns, among others: direct and indirect, accidental, special, exemplar and consequential damages, including: profit loss, data loss or loss of access; IT damages; the cost of replaced products or Services; any damage linked to physical or personal injuries.
Sharewood's responsibility is excluded also if it is aware of the possibility of such damages. The above damages may derive from: the use or abuse of the Website or Service, the inability to use the Website or the Service or from the interruption, suspension, modification, alteration, or the cessation of the Website, Service or the registered members' Accounts.
Such limitation also includes the damages caused by other Services or products received through commercials or related to the Website or the Service or any other link on the Website; moreover, caused by information or suggestions received through or advertised in connection to the Website or any link on it. Such limitations are applied within the legal limits.
The Leaser is responsible for returning the Item in the conditions in which originally it was when delivered by the Owner. The Leaser is also responsible for his/her own acts and omissions and those of any person permitted to use the Item.
The Owners can chose to include Security Deposits in their Ads. Each Ad will indicate if a Security Deposit is required for the Advertised Item. If a Security Deposit is included in the Ad of a confirmed Reservation of an Item, and the Owner demands such Deposit, Sharewood will undertake the necessary efforts to charge the Leaser's payment method the amount of the Security Deposit within a reasonable lapse of time after the Item's return. Sharewood is not responsible for managing or accepting any claim by the Owner concerning the Security Deposits and declares not to have any responsibility regarding it.
Sharewood is not obligated to verify its Users or Members identities; it cannot confirm the identity of each Member. Therefore, Members and Users must be cautious as they would in everyday life, as well as in the Website, when meeting strangers.
Sharewood provides a "Feedback" system for Users and Members; these consist in an evaluation concerning the person with whom a Transaction was made. The Owners can ask for an evaluation, i.e. a comment about the experience of renting their goods or Items. The evaluation is applied both to the Owner, the rented good or Item, and the Leasers.
Every content published on the Website, shared with or accessible through link from the Website, are exclusive responsibility of the User who made such comments. The User is the only person responsible for any published Content, email or material made available through the Website. The User acknowledges that Sharewood does not check and is not responsible for the Contents available through the Website; moreover, he/she acknowledges that by using the Website, it could be exposed to offensive, improper, inaccurate, illegal or deceptive Contents.
The Website, App or Services may include link to Websites or third party resources. Sharewood is not responsible for: (i) the availability or accuracy of such Websites or resources; or (ii) the Contents, products or Services provided by such Websites or resources. The links to such Websites or resources do not imply any commitment by Sharewood to such Websites or resources or to their Contents, products or Services provided by such Websites or resources. The User takes exclusive responsibilities and risks due to his/her use of such Websites or resources or their Contents, products or Services on, or available from, such Websites or resources.
Sharewood is also not responsible for the privacy policies or procedures applied on other websites. When a Member or User of Sharewood clicks on a link which directs to another Website, he/she is responsible for reading its privacy policies.
According to the above conditions, the Users irrevocably agree that Sharewood, and/or the other Users whom Sharewood permits the faculty, use the Contents and every part or element of such, without any restriction, all over the world, perpetually and lasting the entire duration of the legal protection ratified in every country of the world.
For illustrative, yet incomplete purposes, the above authorization also includes the right to:
The Owner declares to legitimately and fully have all the rights related to the Contents that he is going to publish (for illustrative, yet incomplete purposes: copyright, rights of image and/or personality in general, trade mark rights and other monopoly rights, privacy rights, rights related to the depiction etc.).
The User explicitly declares that if he/she is not the complete holder of the Contents' rights which are going to be published, he/she was authorized to use such Contents from the third holders of such, and is therefore free to authorize the use of such Contents within these Conditions limits.
The User undertakes not to publish any Content if such Content and/or its use:
The User guarantees the good quality of the Contents which he/she is going to Publish and the conformity of such for the use they are directed to.
Sharewood offers to its Members a compensation for damages occurring for the Items advertised on the Website of:
Sharewood will supply the Guarantee only if the following conditions occur:
Google Maps' use depends on the implicit Agreement of its . Terms and Conditions.
The map information obtained through Google is to be considered merely explanatory.
Please do not publish private information or protected as intellectual or industrial rights, on the Website, unless differently agreed in writing form.
Sharewood respects another's intellectual property right, and demands the same respect from its Users. If a Website User considers that his/her intellectual, industrial or other rights have been violated by another Member or User's publication on the Website, the User itself must submit a written communication to Sharewood S.r.l., within 48 hours after discovering such violation.
In order to be effective, the notification must include:
According to the Delibera 668/2010 of AgCom, concerning the protection of Copyright on the Web, see below for the contact information of our licensed Agent for the communications related to the violations of Copyright. Licensed Agent for the presumed violation:
Via Antonio Locatelli, 4 Milano
The User agrees that when receiving a claiming notification for the violation of Copyright, Sharewood can immediately remove such material from the Website without any responsibility towards the Users or Third-parties.
The User and/or the Member of the Website undertake to free, defend, release from liability and keep Sharewood and its affiliates, joint-partners and their officials, directors, employees and agents, free from and against any claim, responsibility, damage, loss and expenses, including, without any limitation, reasonable legal and accounting fees, originated from, or in any way related to:
Sharewood S.r.l. holds the right, at its own discretion, to arrange the defence with a lawyer personally chosen, against any legal claim, lawsuit or such, which require a financial fee from the User or the Member, who cannot contest anything.
The parties' rights and obligations must be limited to those expressively stated within this document.