PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN FLEEKY AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. BY EXECUTING A SUBSCRIPTION AGREEMENT, AND/OR YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 16 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE YOU ARE NOT PERMITTED TO USE THE SERVICES.
If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.)
The Fleeky Services
Fleeky is a platform that facilitates the connection of salons, merchants, stylists and Professionals providing hair, beauty and other health and wellness services with clients seeking such services (“Clients”). The Professionals and Clients are both users of the Services provided by Fleeky and are hereinafter referred to collectively as “Users.”
Fees and Payment
Using Fleeky is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site.
Fees for the Subscription (“Subscription Fees”) are set forth (a) herein, (b) online and/or (c) in a separately executed or accepted Subscription agreement between you and Fleeky.
You agree to pay Fleeky the Subscription Fees, and any other applicable fees as may be agreed to by you. All fees are non-refundable and non-transferable except for as expressly provided in these Terms of Service. Unless otherwise stated, fees must be paid in advance of each billing period.
Each Professional authorizes us to confirm that the credit card account or other payment method associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the Professional is using the Services. Each Professional authorizes us to obtain credit reports or other background inquiries from time to time to assess the Professional’s eligibility to continue use of the Services. All balances and all fees, charges, and payments collected or paid through the Services are denominated in CA dollars.
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Fleeky to comply with its obligations under applicable law. To the extent that such information is not provided, Fleeky will in its discretion determine and collect appropriate taxes.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on Fleeky.
Your Subscription starts on the date that you sign up for a Subscription and submit payment. Unless otherwise communicated to you at the time of sign up, each Subscription cycle is one-month in length (“Subscription Period”), and will automatically renew on a monthly basis until we terminate the Subscription, or you notify us via the Services or by email to firstname.lastname@example.org of your decision to terminate your current Subscription. Unless otherwise communicated to you, you will be billed on the monthly anniversary of first submitting payment to us for your Subscription (e.g., if your Subscription begins on June 12th, it will renew on July 12th, August 12th, and so on. If your Subscription begins on a date that doesn’t occur every billing cycle (e.g., the 31st), you will be billed on the last day of every month. We reserve the right to change the timing of our billing. You acknowledge that the amount billed to you each month may vary due to promotional offers and/or adding or changing your Subscription plan, and you authorize Fleeky to charge you for these varying amounts as necessary.
We reserve the right to adjust pricing for the Subscription Services at any time upon fourteen (14) days prior notice. Unless we expressly communicate otherwise, any price change to your membership will take effect on your next billing cycle. You must agree to the change in fees to continue to use the Services. To withdraw your consent, you will need to cancel your account by logging into your account and following the cancellation procedures there, or notifying us at email@example.com
Fleeky may, from time to time, offer trial memberships which include free or discounted access to the Subscription during the designated trial period. Each trial membership will automatically convert to a regular monthly subscription unless cancelled no more than forty-eight (48) hours prior to the end of your trial period. To cancel your subscription, logon to your account and follow the cancellation procedures indicated there, or email firstname.lastname@example.org
Cancellation of your Subscription
You may terminate your Subscription at any time. If you cancel with more than forty-eight (48) hours notice prior to your next billing cycle, you will not be charged for the next month of the Subscription Service. If you have any questions about your individual billing cycle, please log onto your account to view your billing cycle details, or contact us at email@example.com.
You will not be eligible for a prorated refund or any portion of the Subscription Fees paid for the then-current monthly subscription cycle. Following cancellation, you will continue to have access to the Subscription Services through the end of your current billing cycle.
Fleeky may from time to time, either as a Fleeky Program (described in paragraph 7 below) or otherwise, provide certain services to Professionals and/or Clients for an additional fee that would help Professionals grow their business and enable Professionals and Clients to connect more easily.
Fleeky solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the offering of Beauty/Cosmetic Services. Fleeky does not provide or contract for Beauty/Cosmetic Services, and Professionals and Clients contract independently for the provision of Beauty/Cosmetic Services. Each Client is solely responsible for selecting the Professional, the Beauty/Cosmetic Services to be provided and the location at which Beauty/Cosmetic Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Beauty/Cosmetic Services or by a Professional to provide Beauty/Cosmetic Services is a decision made in such person’s sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients, Professionals and any personnel of Professionals, as applicable. Each Professional must decide whether a Client is suited to such Professional’s services and should exercise caution and common sense to protect the personal safety and property of such Professional and its personnel, as applicable, just as they would when interacting with anyone you don’t know.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
Fleeky does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Beauty/Cosmetic Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Fleeky makes no representations or warranties whatsoever with respect to Beauty/Cosmetic Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that Fleeky does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User.
Fleeky does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Beauty/Cosmetic Services on the Services. Fleeky does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, Fleeky may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check and may terminate a Professional based on any information discovered during such background checks and first party interviews.
In connection with certain services, including Beauty/Cosmetic Services, for which reservations are made available on the Services, if approved by Fleeky, you may require Clients to enter credit card or other payment information, and at your discretion, you may charge fees for reservations, including cancelled and missed appointments, only in accordance with any policy posted on your Fleeky page at the time of the Client’s booking. While Fleeky takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Fleeky is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, a Client’s mistaken submission of payment information or submission of erroneous payment information.
You agree and represent that you will honor the reservations made by Clients through the Services, or will communicate with them in advance to resolve any scheduling conflicts to the Client’s and Fleeky’s satisfaction.
By creating an account with Fleeky (an “Account”), registering for a Subscription and paying the applicable Subscription Fee, you are granted a right to use the Services provided by Fleeky subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal and business information (including information regarding any licensing and registration applicable to you where you provide the Services). You must complete this and other processes to access any funds that you accept through the Services. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration process and as requested from time to time by Fleeky (such information, “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as “Account IDs”). You must use your or your business’ true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you or your business. This name will appear on your credit or debit card statement for all payments you accept using the Services. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User’s actual name or trademark rights).
By creating an Account, you confirm that you are either a legal resident of the Canada, a Canada citizen, or a business entity authorized to conduct business by the province/territory(s) in which you operate. The Services and your Account may only be used for business purposes in the thirteen provinces &territories of the Canada. The above paragraph is applicable to CA.-based Users only, and international users are required to comply with applicable international law.
The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Fleeky to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Fleeky and/or grant Fleeky access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Fleeky to pay any fees or making Fleeky subject to any usage limitations imposed by such third party service providers. By granting Fleeky access to any Third Party Accounts, you understand that (i) Fleeky may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) Fleeky may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Content (as defined below) for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Fleeky’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Fleeky makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Fleeky is not responsible for any SNS Content.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to firstname.lastname@example.org, Fleeky will deactivate the connection between the Fleeky Services and your Third Party Account any information stored on Fleeky’s servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.
The Services may contain links to third party websites that are not owned or controlled by Fleeky. Fleeky has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Fleeky will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Fleeky from any and all liability arising from your use of any third-party website.
Termination of Subscription and Accounts
Right to Terminate
Fleeky reserves the right, in its sole discretion, to terminate your Subscription, Account, or use of the Services, if you violate these Terms of Service, or for any reason or no reason at any time. We may also suspend your access to the Services and your Account (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with Fleeky, including without limitation Fleeky’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct or (iv) for any other reason in Fleeky’s sole discretion. This includes the right to modify or terminate any Subscription prior to the end of any pre-paid period.
You may terminate these Terms of Service by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled (for example, you may not close your Account as a means of evading your payout schedule). If an investigation is pending at the time you close your Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
If your Subscription and/or Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses grant to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that Fleeky shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that Fleeky may retain and use your information and account data as needed to comply with investigations and applicable law.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service.
By creating an Account as a Professional, you confirm that you will not accept payments from or in connection with the following businesses or business activities: (1) any illegal activity or goods, (2) buyers or membership clubs, including dues associated with such clubs, (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) manual or automated cash disbursements, (16) prepaid cards, checks, or other financial merchandise or services, (17) sales of money-orders or foreign currency, (18) wire transfer money orders, (19) high-risk products and services, including telemarketing sales, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (23) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate or harmful products, (28) escort services, or (29) bankruptcy attorneys or collection agencies engaged in the collection of debt.
By creating an Account as a Professional, you acknowledge and agree that Fleeky may send email or other electronic communications on your behalf in connection with the Beauty/Cosmetic Services offered by you, including without limitation for the purposes of confirming appointments and soliciting feedback on Beauty/Cosmetic Services.