Dear User:
By accepting the terms of this Agreement, you are entering into a binding contract with FLECK. Please read the Agreement carefully, as it contains important information regarding your legal rights, remedies, and obligations. These include a waiver of various limitations and exclusions.

TERMS AND CONDITIONS

The following terms and conditions set out a binding agreement between the parties. The use of this Site, the application or any other tool or implementation provided by FLECK for the rendering of its services, constitutes acceptance of these terms and conditions, notices, and any changes that may arise over the revision of these terms.

Definitions

Parties:

A Driver is an individual who has the right to rent a space from the Space Owner. A Space Owner is an individual who has the right to rent/ lease their personally owned parking space.

For an extension of the terms and conditions applicable to the Space Owners click here.

GENERAL TERMS

The User accessing this site represents himself/herself and declares that they are of sufficient legal age to create a binding legal obligation to enter this Agreement for any liability that may incur as a result of use of this Site, the application or any other tool or implementation provided by FLECK.

The User accessing this site declares acknowledgement that Web browsers transmit unique Internet addresses, which can be used by law enforcement officials for identification purposes. Fraudulent Users will be prosecuted to the fullest extent of the law.

The User of this site agrees to appoint FLECK as his/her agent for the purposes of acting as an intermediary between all parties participating in the finding and leasing of a determinate parking space.

As an agent, FLECK is entitled to collect all payments from the Driver to ensure the payment of the parking space owner.

Services Provided:

The following are services provided by FLECK:

The services provided by the agent are limited to the ones mentioned above. With this considered the Agent does not:

Types of Booking:

The following defines the nature of the different booking methods:

Booking Confirmation:

Once the User has made a reservation via web or the app, he/she will immediately receive confirmation via email or the app with all booking related information. In the case that the Space Owner requests to pre approve the bookings for his/her space, a notice will be sent to the Driver to determinate if he/she is willing to wait for the confirmation or if he would like to cancel such request and make a new booking. The Space Owner has a maximum of three hours to confirm a booking. Reservations will be automatically canceled in three hours without confirmation.

Insurance and Identification:

Parking Space Owner is responsible for both property insurance as well as liability insurance. Property insurance for physical injury to the premises where the parking spaces are located and liability insurance covering bodily injury or property damage occurring on specified premises. Space Owner will defend, indemnify, and hold no accountability from Fleck for any loss, claim, liability, damage, and expense (including attorneys' fees). This includes without limitation where Fleck is or is alleged to be solely or separately negligent, arising out of or related to the premises where the parking spaces are located, the subject matter of this Agreement, or Space Owner’s breach of this Agreement.

The Driver shall maintain property insurance for physical injury to the automobile being parked (both comprehensive and collision), as well as automobile liability insurance to cover bodily injury or property damages arising from the use of the automobile. The driver will defend, and hold no accountability from Fleck for any loss, claim, liability, damage, and expense (including attorneys' fees). This includes when Fleck is or is allegedly the sole or separately negligent party. This negligence arises from and is related to the premises where the parking spaces are located, the Driver’s automobile, the subject matter of this Agreement, or the Driver’s breach of this Agreement.

On behalf of himself/herself and each of his/her insurers (under his/her policies and all policies under which he/she may have rights), the Space Owner and Driver are each waiving all rights to recover from Fleck to the extent that any loss is insured, or should have been insured either under this Agreement or applicable law.

User Fees and Payments:

The price for each space will be determined by the Space Owner; this number can vary at any time before a space is rented. The commission corresponding to FLECK’s services will be included in this price. The price shown in the platform will be the final price to be collected from the Driver.

The Users agrees to pay FLECK the fees for the services acquired, (including any overage fees), in accordance with the pricing and payment terms of that service.

The fees paid are non-refundable, except as provided in these Terms and Conditions, when required by law, or at the discretion. It is FLECK’s decision of whom reserves the right to revise the cases for reimbursement.

Taxation:

The taxes shall be bearer for each Party, in the proportion that correspond to each party, including and not limited to all obligations, such as penalties or interests associated to the rendering of the services (reservations).

For Tax Exceptions the User must send a valid tax exemption certificate authorized by the appropriate taxing authority. Other documentation providing evidence that no tax should be charged will also be accepted. The User must contact Fleck’s customer support for the exceptions to be accepted.

If the User is required by law to withhold any Taxes from the payments made for the Company, the User must provide an official tax receipt or other appropriate documentation to support such right.

Billing:

Once the collection is made from the account of the Driver, an electronic receipt will be sent via email, indicating the details of the collection and the reservation.

Hereby the Driver has accepted to receive the receipt via email.

The billing applicable will be the billing method select by the Driver. The types of payments are displayed at the moment of reserving the parking space, once an option is selected for the reservation, the method cannot be changed.

Cancellations

Reservations may be cancelled at any time and up 1 hour before the reservation starts. The cancellations can be made within the Service, or by contacting customer support through email (support@fleckparking.com) or phone (806)-55FLECK (35325). Once the time of the reservation has started, it will not be possible to cancel or shorten the reservation, regardless of use or non-use of the Reservation

Refunds will be evaluated on a case-by-case basis in sole discretion. Fleck cannot guarantee refunds of any kind.

Promotional Campaigns:

From time to time, the Company may activate promotions for Users. Fleck reserves the right to deactivate any promotions for any reason, including but not limited to the suspicion of fraud or abuse of promotional credit. If a User has already activated or participated in the promotion, the Company will comply with the terms of the determined promotion

Every promotional activity by the Company will be published under these terms and conditions.

Notifications:

The Company may send email messages, send push notifications to devices, and contact Users through the Application and via SMS to provide information related to the Service. The Site or Applications may use GPS locator capabilities to identify the User´s location at the time of use.

The User hereby expressly consent to receiving notification by, and not limited to, SMS, email, push notification, GPS, and web-based browser technology.

Customer Care:

The Company provides customer service for its customers. The contact information is as listed below:

This service is available Monday to Friday form 9 am to 5 pm.

The Users may report a problem to the Company regarding any Parking Facility listed on our Application. However, we cannot guarantee that FLECK will be able to contact the Parking space owner to remedy such problem.

Complaints, Communications and Other Content:

The Company encourages its Users leave detailed and honest feedback for Space Owners, the spaces, and the Drivers. In the event that anything inappropriate, offensive, disturbing or potentially criminal occurs, the User agrees to immediately report this and the responsible party to the local police. We request that, in any incident in which police are contacted, that you forward the Company the name of the police station, the police report number, the date and time of the incident, the names of the parties involved, and any other facts to support@fleckparking.com. We request this information for the purpose of evaluating the Service, the individual parties and parking spaces involved. Receiving a report, however, does not obligate FLECK to take legal action. It does not constitute an agreement of incurring any liability or undertaking of any action.

The User may not use a false email address, impersonate any person or entity, or otherwise mislead content. FLECK reserves the right (but has no obligation) to monitor, remove, or edit any content uploaded by the User. This includes if the User’s content violates this EULA (including any Company policies). The User acknowledges that the Company may not regularly review submitted User content.

If the User does submit content, please be aware that unless indicated otherwise, the User grants the Company a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media. The Company takes no responsibility and assumes no liability for any content the User has submitted.

Communication between Space Owners and Drivers:

The Company is not responsible for the User’s interactions with other Space Owners or Drivers. The Company reserves the right, but has no obligation, to act as an intermediary in the event of any dispute. The User acknowledges and agrees that FLECK will incur no liability simply by virtue of acting as an intermediary.

Third-Party Services:

The Services may permit the User to link to and otherwise interact with third-party resources on the Internet; the User agrees to do so at their own risk. The Service may allow the User to post location data or other content to these third-party services. The User acknowledges and agrees that the Company does not control those third-parties and that the Company therefore is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services. Any such use does not imply the Company´s endorsement or any association between the Company and the third-party services. The User further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party.

By entering into this agreement, you agree to SynapsePay (our financial partner) terms of service found here which are incorporated herein by reference. This website/application is not directly supported by, endorsed or certified by SynapsePay. SynapsePay gives no warranties and makes no claims about this application/website.

Prohibited Uses:

The Company imposes certain restrictions on the User’s permissible use of the Site and the Service. The User is prohibited from violating or attempting to violate any security features of the Site or Service, including and not limited to, (a) accessing content or data not intended for them, or logging onto a server or account that they are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with services to any User, host or network, including and not limited to means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including and not limited to promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. Additionally you are prohibited from using or attempting to use the Site or Service for any activity that violates local, state, or federal law.

Cookies and Web Beacons:

The Company may collect cookies, which are small pieces of information sent to the User’s browser by a website the User has visited. The Company may use cookies to compile and provide aggregate statistics about the Site’s visitors, traffic patterns, and related information to third parties; such information will not identify the User personally. Cookies may help the Company adjust the content of the Site to provide better service for visitors. The User may set his/her browser to refuse cookies from any website that he/she visits. If the Users refuse cookies, he/she may still gain access to most of the Site, but he/she may not be able to conduct certain types of transactions. The Site may contain electronic images known as web beacons (sometimes called single-pixel gifs) that may be used to assist in delivering cookies on the Site and allow the Company to count Users who have visited the Site. The Company may include web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted on.

Disclosure to Third Parties:

At times, in order to provide products and services to customers, the Company may make certain personal information available to strategic partners with whom it works with. The information FLECK may share with such parties includes information processing, extending credit, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing interest in our products and services, and conducting customer research or satisfaction surveys. Except as required pursuant to law, legal process, litigation, or requests from public and governmental authorities, the Company will only share personal information to provide or improve its products, services and advertising. Personal information will not be shared with third parties for their marketing purposes. In the event of a reorganization, merger, or sale, the Company may transfer any and all personal information we collect to the relevant third party. As part of the services we provide, we give certain information to Licensors in order for such Licensors to provide their services in connection with facilitating Reservations.

The Company may use your personally identifiable information to deliver the Service and send notices related to the Service. This includes fulfilling requests for products and services and alerting of necessary updates. FLECK’s newsletter, promotions and special offers will be emailed to the User. The User is free to remove himself/herself from this list at any time by following the link in the specific e-mail or by unsubscribing in an account management area available for such purpose. To manage the User’s account, content, purchase confirmations, and previous customer service inquiries are recorded and to keep track of.

Termination:

The Company may, in its discretion and without liability to the User, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or the access to the Services; and (b) deactivate or cancel the User’s account. Upon termination, the Company will promptly pay Space Owner any amounts owed that the Company is legally obligated to pay. In the event the Company terminates these Terms, or deactivates the User’s account, Drivers will remain liable for all amounts due hereunder. The User may cancel his/her account at any time. If, however, the User is a Space Owner with a reservation scheduled in his space, the Space Owner must give the Company at least 30-day written advanced notice to terminate their listing. Please note that if a User’s account is cancelled, the Company does not have an obligation to delete or return any User content posted to the Site or Application.

Modification:

The Company reserves the right, at its sole discretion, to modify the Site, Application or Services and to modify these Terms, including the Service Fees, at any time and without prior notice. If these Terms are modified, the Company will post the modification on the Site or via the Application or provide the User with notice of the modification. It will also be mentioned as an update on the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application, or Services after the Company has notified the User of the modification, the User is indicating that he/she agrees to be bound by the modified Terms. If the modified Terms are not acceptable to the Users, the only recourse is to cease using the Site, Application and Services.

DISCLAIMERS & WARRANTIES:

THE USER USES THE SERVICES AT HIS OWN RISK. THE SERVICES, SITE, APPLICATION, AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE IS ALSO DISCLAIMED. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES OR THE PARKING SPACE WILL MEET THE USERS REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, OR SECURE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE LISTINGS, PARKING SPACES, OR SPACES AVAILABILITY. THE COMPANY DOES NOT WARRANT THAT THE USER’S VEHICLE OR PARKING SPACE WILL BE SAFE OR PROTECTED FROM DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SITE, APP, SERVICES, OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE USER UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY PARKING SPACES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES.

LIMITATION OF LIABILITY

THE USER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF HIS ACCESS TO AND USE OF THE SERVICES, THE USER’S LISTING, AND USE OR SHARING OF ANY PARKING SPACE VIA THE SITE OR APPLICATION REMAINS WITH THE USERS. FLECK AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES FOR ANY DAMAGES FOR PROPERTY, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE). PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLECK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE IS ALSO EXEMPT. OTHER THAN OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PARKING SPACE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. IF THE USER’S USE OF THE SERVICES OR CONTENT OR THE INABILITY TO USE THE SERVICES OR CONTENT, AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OR PERSONS, EXCEEDS THE AMOUNTS THE USER HAS PAID OR BEEN OWED FOR A PARKING SPACE VIA THE SITE OR APP IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100 IF NO SUCH PAYMENTS HAVE BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL TO THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND THE USER.

Jurisdiction:

These Terms and Conditions are governed by the laws of the State of California, without regard to its conflicts of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions or the Site shall be brought in a federal or state court located in San Mateo County, California, and the User hereby waives any objection to the exclusive jurisdiction of such courts.

Entire Agreement:

The User agree that these Terms and Conditions constitute the entire agreement between them and FLECK with respect to the User’s use of the Site. The User agrees that these Terms and Conditions supersede any other agreements between the User and the Company with respect to the User’s use of the Site.

EXTENSION OF TERMS AND CONDITIONS APPLICABLE EXCLUSIVELY TO SPACE OWNERS

These terms are part of the TERMS AND CONDITIONS. The benefits and obligations related to the Space Owners are specified here.

Parking Space Listings:

The Company has created a place in the web and an application that allows parking Space Owners to list their parking spaces. For this, the parking Space Owner, must create an account. As a User of FLECK, he/she will be asked a variety of questions about the space, including, but not limited to, the location, size, features, availability and pricing and related rules and financial terms. All parking spaces must have valid physical addresses. Listings will be made publicly available via the Site, Application and Service. Other Members will be able to book the Space Owner’s parking space via the Site, Application and Services based upon the information provided. The Space Owner understands and agrees that once a Driver books his/her parking space, the Company may not request the Driver to pay a higher price than the one listed.

The Company reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason. This includes listings that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.

The Space Owner acknowledges and agrees that he/she is responsible for any and all listings he/she post. The Space Owner represent and warrants that any listing or booking he/she posts or accepts (i) will not breach any agreements the Space Owner has entered into with any third parties, such as homeowners association, condominium lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any parking space included in the listing (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. The Company will not assume any responsibility for a Driver’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Bookings:

When a Driver makes a booking of the parking space via the Site, Application and Services, the Space Owner will receive a notification with the Driver and booking information. In case the Space Owner has chosen to pre approve each booking, he/she will be required to confirm or reject the booking request within the Booking Request Period of 3 (three) hours. Otherwise, the booking request will be automatically cancelled.

When a booking is requested via the Site, Application and Services, The Company will share with the Space Owner (i) the first and last name of the Driver who has requested the booking, (ii) a link to the Driver’s FLECK Account profile, and (iii) the Driver’s license plate.

Space Owner Payments:

The Company serves as the authorized payment collection agent of the parking Space Owner for the purpose of accepting, on behalf of Space Owner, payments from Drivers that have booked the owner’s space.

The Company will collect the Total Fees at the beginning of the booking and will initiate the accreditation of payment (less the Company’s Fees and any Taxes applicable) to the Space Owner’s account within five days. The amount of time it takes for the Host to receive payouts may depend upon the method of receiving payouts chosen by the parking Space Owner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services. These charges will be deducted from the payout amount.

Each Space Owner that has created an account for a listing hereby appoints the Company as his/her payment collection agent solely for the purpose of accepting the fees from the booking of the space listed. The Space Owner hereby agrees that the Company may, in accordance with the cancellation policy, (i) permit the Driver to cancel the booking and (ii) refund to the Driver the booking Fees specified in the applicable cancellation policy.

It is hereby establish that the Company accepts payments from the Driver. The Company’s obligation to pay the space owner is subject to and conditional upon successful receipt of the associated payments from Driver. The Company does not guarantee payments to Space Owners for amounts that have not been successfully received by the Company.

The Company uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.

Service Fees:

For the use of the Company’s online marketplace and platform, the Company charges the Space Owner Service Fees. The Company makes payments to the Space Owners for reservations; it deducts the fees from the Driver’s payment before remitting the balance to the Space Owners as described in these Terms.

Cancellations:

The Space Owner can cancel the availability of the booking at any time when the space is available. However, when the space has been previously booked, the Space Owner can only cancel the space with a minimum of 3 hours before the beginning of a booking.

Payment Processing Errors:

The Company will take steps to rectify any payment processing errors that it becomes aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment, so that all Users are receiving or paying their correct amounts.

REFERRAL PROGRAM

Fleck’s Referral Program is a rewards program for its users.

To participate, Fleck Users must agree to these terms, which become part of the Fleck Terms of Service. Capitalized terms that are not defined here will have the same meaning given to them in the Fleck Terms of Service.

How to Earn Referral Money

Fleck Users can earn $10 (ten dollars) for registering their space for the firth time using the code FLECK101. This will be paid after the parking space has been published for continued 30 (thirty) days or when the space have been booked and used for the firth time.

Fleck User can also make $10 (ten dollars) if: (i) a referred friend clicks on their referral link to create a valid Fleck account that complies with our Terms of Service; and (ii) the referred List their Parking Space. This will be paid after the parking space has been published for continued 30 (thirty) days or when the space have been booked and used for the firth time. The Maximum amount of money a person can receive is $100 (one hundred dollars).

Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).

Referred Friends

Referred friends that have signed up using a valid referral link will also receive $10 (ten dollars) if: the referred List their Parking Space. This will be paid after the parking space has been published for continued 30 (thirty) days or when the space have been booked and used for the firth time. The Maximum amount of money a person can receive is $100 (one hundred dollars).

Multiple Referrals

A referred friend may only use one referral link. If a referred friend receives referral links from multiple Fleck Users, only the corresponding Fleck User of the referral link used by the referred friend will receive $10 (ten dollars).

Severability

If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Termination and Change

Fleck may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Requirements and incentives may also change at any time.

The money earned as a result of fraudulent activities are null and void. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals as we deem fair and appropriate. Non-fraudulent accrued Travel Credits are not affected by suspension or termination of the Referral Program or a user’s participation.

Updates to the Terms

We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the fleckparking.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification. If the modified terms are not acceptable, the only recourse is to stop sending referrals or participating in the Referrals Program.