Updated: Jan. 01, 2022
These terms (“Terms”) set forth the legally binding terms between Freely Parking (“Freely” or “Us” or “Our” or “We”), and Operator, Customers, and any general user of the site (collectively, “User”, “You” or “Your”).
These Terms will govern your use of our service, Freely Website, and all associated websites of Freely.io (Collectively, the “Site”), namely:
Freely Parking Management System (in short “FPMS”)
Freely Parking Web App (in short “FPWA”)
Your acceptance of these Terms is an express condition of your receipt or use of our Service and/or Parking System. By receiving or using our Service and Sites, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into these Terms, and if you are using the Service or Sites on behalf of a corporate entity, you further represent and warrant that you are an authorized representative of such entity with the authority to bind it into these Terms.
CHANGES TO THE TERMS
We reserve the right to make any changes to these Terms. When we do so, such changes will only be binding on you upon your acceptance of the modified Terms. We may notify you by email or by posting a notice on our website prior to the effective date of the changes and your continued use of the Service and/or Parking System after the effective date of the changes shall constitute your acceptance of such changes.
SERVICE AND PARKING SYSTEM
For using our Service and Parking System, you agree to the following terms:
Service - General: Freely Parking Management System is only available for the merchant- or management-type users (collectively the “Operator” or “Operators”, see below “Service – Freely Parking Management System” for more details). Whereas, Freely Parking Web App is a platform for end-users, customers, tenants, or general customers who purchase parking products from the Operators. (collectively “Customer” or “Customers”).
Customers can purchase parking products in two ways: 1) Provided the Operator obtained consent from the Customers, Operator can purchase parking products, or reserve a parking spot for their Customers; 2) Customers can register and purchase directly from the Freely Parking Web App with the Customer Account.
Service – Freely Parking Management System: The services provided by Freely Parking Management System are described as, and limited to:
Freely Parking Management System is only designed for and used by, parking/property management teams, parking facility/lot owners, parking lot lessors, and parking lots operators (collectively the “Operator” or “Operators”).
Freely Parking Management System (or “FPMS”) is an Operator-used-only platform to manage the parking spots, monitor traffic records, manage parking products, manage customers profiles, collect payments, and record the necessary information for customers service or customer purchase. Available features of FPMS will be subject to a separate agreement between Freely and Operator, Operator’s use of service will be governed by Service Term and the Agreement they entered.
Operators, or FPMS users, should be solely responsible for operating the parking lots, establishing parking product prices, managing any purchase discount, providing parking service, enforcing parking regulation, and managing parking access. We are not responsible 1) for any damage or injuries arising from the use of parking products or the parking facilities; 2) to guarantee the availability nor accessibility of parking spot or reservation.
It is Operator’s sole responsibility to protect and secure the Customer's privacy and personal information. Freely is not responsible for any loss or damage arising from any data breach due to the Operator’s negligence.
It is Operator’s sole responsibility to list and provide accurate information on discounts, warranties, prices, terms, policies, descriptions, documents, and specifications. Freely is not responsible for any dispute, misunderstanding, or losses arising from inaccurate information listed by the Operator.
Operator’s Terms: By purchasing a parking product, you understand and agree to the Terms and Conditions, and any Policies provided by the Operator.
Pending Order: Parking products that require manual fulfillment will be pending upon ordering. Such Product will be manually reviewed by the Operators and become payable once the order is confirmed by the Operator.
Payment and Billing: You are responsible to pay all prices, fees, charges, taxes, and associated fees arising out of any parking products purchased from using the Site. The total fees will be presented on the checkout page upon purchase. You agree to provide the required payment information to make a payment of the presented price, and you will be billed based on the payment information. By making a payment to Freely, Freely will collect the fees based on the product purchased and reserve parking spots on the Operator’s behalf. Your obligation to pay the Operator for the selected parking product(s), or reservation will be considered satisfied. Freely is not responsible for any extra fees, charges, and deposits arising from extra service provided by the Operator, or any form of Operator-Customer agreement that is issued after the purchase, or outside the scope of our Service.
Subscription: Some parking products are charged on a subscription basis, subscription parking products will be billed periodically, usually monthly, quarterly, or annually (“Cycle”). Recurring payment will be automatically processed at the renewal date, usually 1-3 days before the following Cycle begins. You should ensure your payment is valid, and not expired, for the recurring payment. If a subscription payment is not received at the renewal date due to any reason, the Operator may restrict your access after the current Cycle end. You may update the payment method and/or clear the overdue balance to continue the subscription. Failing to make an overdue payment before the end of the following Cycle may result in subscription cancellation.
Purchase Cancellation: Unless otherwise stipulated by the Operators, all purchases can be canceled and refunded before the parking product starts its effectiveness, or before the reservation begins. You understand the cancellation and refund may be subject to Operator's terms and conditions, policies, or agreement.
User Data: You acknowledge that our performance of Service is relying on you to provide us with accurate information required by the Site In using the Product and Service, it is your sole responsibility to comply with all laws and regulations applicable for such use, including but not limited to any privacy laws.
Copyright and Intellectual Property: We retain all right title and interest in and to all Intellectual Property (See below "Intellectual Property") embodied in the Site or resulting from the performance of the Service.
"Intellectual Property” shall mean collectively any intellectual property of any nature or kind used in, derived from or otherwise related to the Parking System and the Service (“Technology”), including without limitation: (i) all intellectual property associated with the method of construction, maintenance, future exportation and operation of the Technology; (ii) all patents, if any, rights to patent, trade-marks and trade names, registered and unregistered; (iii) all other intellectual and industrial property of any nature or kind, all moral rights therein, and any registrations and applications for registration of any of the foregoing, (including, without limitation, all contractual rights, securities, instruments and other rights and benefits relating to such property); (iv) all inventions, plans, methodologies, designs, architectures, research data, know-how, goodwill, copyrights, personality rights, collected data, algorithm, plans, software, all customer and supplier lists, and technology, records, proprietary know-how, drawings, notes, laboratory books and protocols, computer software and documentation, algorithms, source code and procedures relating to the Technology; and (v) the right to take action for an infringement of any of these rights.
In case of having any service-related question, problem, notice, or emergency, please contact us by email email@example.com
These Terms and the Agreement shall be governed, construed, and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties shall attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledge and agreed to by us in writing.
ACCEPTABLE USER GUIDELINE
Car Photos: Image files must exclusively feature the car, and the license plate, and shall not include any unlawful, or unauthorized content, or advertisement. Image files is recommended to be clear and must not be blurry, fuzzy, or contain any flash reflections. Image files must contain an accurate depiction of the subject matter they illustrate. Image files cannot contain pornography or other unlawful graphic images and must otherwise abide by the guidelines set forth in this section.
Technological Restrictions: In addition, you agree not to use the Parking System to: (1) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (2) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (4) interfere with, disrupt, or create an undue burden on servers or networks connected to the Parking System or violate the regulations, policies or procedures of such networks; (5) attempt to or impersonate another user or Freely or gain unauthorized access to the Parking System, other computer systems or networks connected to or used together with the Parking System, through password mining or other means; (6) harass or interfere with another user’s use and enjoyment of the Parking System; or (7) introduce software or automated agents or scripts to the Parking System so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Parking System.
Monitoring, Suspension, and Termination: We reserve the right (but have no obligation) to review any Customer information (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your Customer information, terminating your User Account, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person.