Terms of use

4.1. Acceptance, Legal Qualification of the Platform, and Nature of Services

The creation of a user profile and subsequent access to the Leesee application platform (including all its sub-sections, notably "Leesee Services" and "Leesee Tools") constitutes express, unconditional, irrevocable, and unreserved acceptance of these General Terms of Service, which form a legally binding contract between you and Leesee Inc. Leesee acts exclusively and strictly as a digital content host, information broker, and technological facilitator (marketplace). The platform constitutes an over-the-counter matchmaking interface aimed at stimulating the local circular economy. Under no circumstances does Leesee acquire the status of a contracting party, mandatory, employer, physical broker, lessor, or guarantor in the context of agreements concluded between users.

4.2. Transaction Modalities: Leesee Services and Leesee Tools

The platform authorizes and facilitates a plurality of transactional modalities between its members, which include, but are not limited to:

• Onerous Transactions (Payment): The rental of tools or remuneration for specific services in exchange for financial consideration.
• Gratuitous Transactions: The free borrowing of material goods, the donation of tools, and the execution of volunteer services.
• Synallagmatic Transactions by Compensation (Barter/Exchange): The mutual exchange of services or goods (e.g., a mechanical repair service in exchange for a landscaping service).

It is understood that any contract for rental, service, loan for use, or donation (within the meaning of the Civil Code of Quebec) is concluded exclusively and directly between the user offering the good/service (the "Supplier") and the user receiving it (the "Beneficiary"). Leesee disclaims any obligation of result regarding the conclusion or proper execution of these contracts.

4.3. Absolute Independence of Users and Absence of Subordination

In accordance with Article 2085 of the Civil Code of Quebec (C.C.Q.), no bond of subordination, employment relationship, joint venture, or legal partnership is created between Leesee and its users, nor between the users themselves merely by using the platform. Service providers act as autonomous independent contractors. As such, they bear the full and exclusive responsibility for declaring their income, collecting and remitting applicable sales taxes (GST/QST) to the competent tax authorities (Revenu Québec, Canada Revenue Agency), as well as obtaining any permit, license, or certification required by law to execute said services.

4.4. Assumption of Risks, Security of Material Goods, and Insurance 4.4.1. Condition of Goods and Tools

4.4.1. Condition of Goods and Tools: Leesee performs no verification, inspection, certification, or validation of the condition, safety, legal provenance, or functioning of the items transacted via "Leesee Tools". The Beneficiary assumes all risks inherent in borrowing or renting tools (including electrical, motorized, or potentially dangerous tools). It is the Beneficiary's responsibility to ensure they possess the required skills, personal protective equipment, and knowledge to operate said equipment safely. 4.4.2. Physical Interactions: The user assumes the entirety of the risks (material damage, bodily injury, psychological harm, death) arising from physical meetings and in-person interactions initiated via the platform. 4.4.3. Insurance: Leesee provides no civil liability insurance, home insurance, or insurance against theft or material damage for goods exchanged, rented, or loaned. It is the strict responsibility of each user to verify with their personal insurer (home or civil liability insurance) that peer-to-peer rental, lending, or service provision activities are adequately covered by their insurance policy.

4.5. EXCLUSION AND LIMITATION OF LIABILITY (EXCULPATORY CLAUSE)

TO THE FULLEST EXTENT PERMITTED BY LAWS OF PUBLIC ORDER, NOTABLY THE CIVIL CODE OF QUEBEC (INCLUDING THE LIMITS IMPOSED BY ARTICLE 1474 C.C.Q. REGARDING BODILY OR MORAL INJURY), ALL SERVICES AND THE SOFTWARE INFRASTRUCTURE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND. LEESEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SHAREHOLDERS SHALL IN NO EVENT BE HELD JOINTLY OR SEVERALLY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO: LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, THEFT, DESTRUCTION OR DETERIORATION OF A TOOL, BODILY INJURY, DISABILITY, OR ANY CONTRACTUAL OR EXTRA-CONTRACTUAL DISPUTE RESULTING FROM INTERACTIONS BETWEEN USERS. IN THE EVENT OF A DISPUTE BETWEEN USERS, YOU EXPRESSLY RELEASE LEESEE FROM ANY CLAIM, DEMAND, OR DAMAGE OF ANY KIND WHATSOEVER.

4.6. Indemnification and User Guarantee Clause

You formally agree to defend, indemnify, and hold harmless Leesee, its affiliates, and its representatives from and against any claim, suit, legal action, demand, penalty, fine, or damage (including reasonable extrajudicial attorneys' fees) brought by a third party and arising directly or indirectly from: (a) your express or implied violation of these General Terms; (b) your inappropriate use of the platform, Leesee Services, or Leesee Tools; (c) any interaction, transaction, or dispute with another user; or (d) your violation of any law, municipal by-law, tax obligation, or third-party rights.

4.7. Amendments, Severability, and Applicable Law

Leesee's administration reserves the unilateral prerogative to amend, modify, or alter the stipulations of these Terms at any time, to reflect the evolution of jurisprudence, legislation, or the deployment of new functional architectures. Any substantial revision will be the subject of formal and proactive notification, broadcasted on the application's interfaces. Continued use of the platform subsequent to such modifications will constitute implicit and explicit ratification of the new provisions. In the event that any provision of these Terms is deemed null, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These conditions are subject to the laws in force in the province of Quebec, and any dispute arising therefrom shall fall under the exclusive competence and jurisdiction of the courts of the judicial district of Montreal.