These Terms and Conditions along with any other terms and policies referenced herein, and are incorporated herein by reference and form an integral part hereof, as amended from time to time (these "Terms") constitute a legally binding agreement as of the Effective Date (as defined below), governing your access to, and the use of www.fleckings.com and any related website owned or operated by Fleckings (the "Sites"), and the use of, and registration with, Fleckings Service (defined below) through the Sites, a mobile application or through any other means. These Terms are between Cyreum Limited ("Fleckings", "us", "we" or "our") and you, either individually, or on behalf of your employer or any other entity which you represent ("you" or "your").
In case you represent your employer or another entity, you hereby represent that (i) you have full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be).
PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE):
(I) IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY'S EMAIL ADDRESS IN REGISTERING INTO THE SERVICE; AND
(II) IF YOU ARE AN ADMIN (AS DEFINED BELOW).
AS ELABORATED BELOW, THERE ARE VARIOUS TYPES OF USERS FOR THE SERVICE, THUS, EXCEPT WHERE INDICATED OTHERWISE "YOU" SHALL REFER TO CUSTOMER AND ALL TYPES OF USERS. YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING, AND YOU AFFIRM AND SIGNIFY YOUR CONSENT TO THESE TERMS, BY EITHER: (I) CLICKING ON A BUTTON OR CHECKING A CHECKBOX FOR THE ACCEPTANCE OF THESE TERMS; OR (II) REGISTERING TO, USING OR ACCESSING THE SERVICE, SITES OR FLECKINGS MOBILE APPLICATION, WHICHEVER IS EARLIER (THE "EFFECTIVE DATE").
IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE THE SERVICE OR THE SITES OR FLECKINGS MOBILE APPLICATION.
1.1. Our Service. The Fleckings platform is a Peer-to-Peer Social and Payday network that transforms the way users connect, socialise, and work together, with the aim to build a culture of transparency, ownership, and accountability, inclusive of all functionalities, application programming interface and tools offered as part of Fleckings platform, offered online and via a web or mobile application (the "Service"). Specific Terms may apply to You or to some of the Service, such specific terms are incorporated herein by reference and form an integral part hereof.
1.2. Modification or Discontinuation of the Service. We may add, modify, or discontinue any feature, functionality, or any other tool, within the Service and/or Sites, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement on the Sites and/or via the Service or by sending you an email.
1.3. No Contingency on Future Releases and Improvements. You hereby acknowledge that your purchase of the Service and/or Third-Party e-services (as defined below) hereunder are not contingent on the delivery by us of any future release of any functionality or feature, including without limitation, the continuance of:
(I) a certain Service beyond its current Subscription Term; or
(II) Third Party e-services, or dependent on any public comments we make, orally or in writing, regarding any future functionality or feature.
1.4. Ability to Accept Terms. If you, access and use the Sites and/or the Service, you represent and warrant that you are at least fourteen (14) years old. The Sites and/or Service are only intended for individuals aged 14 years or older. We reserve the right to request proof of age at any stage so that we can verify compliance with this paragraph.
1.5. Feedback. As a User of the Service and/or Sites, you may provide suggestions, comments, feature requests or other feedback to any of Fleckings Materials and the Fleckings Service, such Feedback is deemed an integral part of Fleckings Materials, and as such, it is the sole property of Fleckings without restrictions or limitations on use of any kind. Fleckings may either implement or reject such Feedback, without any restriction or obligation of any kind. You
(I) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights;
(II) irrevocably assign to Fleckings any right, title and interest you may have in such Feedback; and
(III) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, providers' rights, or any other similar rights, worldwide, in or to such Feedback.
You may ask for a refund at any time for any funds that you have paid into your Account. If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us. We may refund funds to Users irrespective of whether a User has requested funds be refunded if:
(i) we are required by law or consider that we are required by law to do so;
(ii) we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
(iii) we refund funds to the User in accordance with any refund policy specified by us from time to time;
(iv) we find out that the original payment made by the User is fraudulent;
(v) the User made a duplicate payment in error.
You may have positive funds in your Account if you have prepaid for fees or charges or for e-services to be provided to you via the Website. If you are a Seller, you may have positive funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.
Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account. We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
If your Account has negative funds, we may:
(i) set-off the negative amount with funds that you subsequently receive into your Account;
(ii) if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);
(iii) reverse payments you have made from your Account to other User Accounts on the Website;
(iv) deduct amounts you owe us from money you subsequently add or receive into your Account; or
(v) immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
You are responsible for paying any taxes, including any products and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. Depending on your residency or location, you may be subject to certain ad valorem or other taxes on certain fees that we charge. These taxes will be added to fees billed to you, if applicable. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
You may only process payment when you are authorized to do so by customer. We will only process transaction that have been authorized by the applicable card network or card issuer. We do not guarantee or assume any liability for transactions authorized and completed that are later reversed or charged back. You are solely responsible for all reversed or charge back transactions, regardless of the reason.
Fleckings may add or remove one or more payment types or network at any time. Prior notice will be given to you before the removal.
Disbursement of funds will be done from an account held with Fleckings. You authorized and instruct Fleckings to hold, received and disburse funds on your behalf when such funds from your card transactions settle from the cards network. By accepting this agreement, you further authorize Fleckings on how your card transactions settlement funds should be disbursed to you as pay-outs and the timing of such pay-outs.
You agree that you are not entitled to any interest or other compensation associated with the disbursement of fund held with Fleckings.
7.2. Background Checks. Entrepreneur undergoes an optional verification process, and a (Gold and Diamond) Pro user undergoes a mandatory verification – in many cases within 72 hours of becoming of a Pro user, result of which is displayed on relevant profile as part of information provided to intending customers.
7.3. Reporting. Should any issues occur on a purchased service, all issues must be reported to us within 14 days of the e-services agreed delivery giving rise to the claim.
7.4. Dispute Resolution Process. Our Customer Support Team is available via live chat, phone, or email to resolve issues/ disputes (invoice disputes, e-product mislabel etc.). If you have any relevant documentation, such as pictures or receipts, we ask that you please submit them as they will be required to complete your claim.
The Postings are designed to help reach appropriate Customers. Customer is responsible for (i) all postings and content through Fleckings, including but not limited to the Service descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, the "Postings"); and (ii) all content and property to which Postings may direct viewers, as well as redirects ("Destinations"). Customer may not resell or transfer access to the E-services to any other party.
Fleckings reserves the right to remove Postings deemed fraudulent and misleading immediately and without prior notice to Customer. Customer agrees that it will not, and will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of our E-services, to:
• Create Postings without a reasonable and legitimate intent to hire for a bona fide opportunity /e-services
• Create Postings that intentionally misrepresent the e-services, job, hiring company, or poster
• Create Postings for "business opportunities" that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based
• "Spam" or otherwise contact users for purposes other than related to the specific e-services described in the posting
• Harass, stalk, or contact any applicant after they have asked not to be contacted
• Soliciting reviews by intentional misrepresentation
• Engage in illegal or fraudulent conduct
• Except as expressly authorized by Fleckings in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from Fleckings's websites
• Except as expressly authorized by Fleckings in writing, copy, modify or create derivative works of the Jobs E-services or any related technology; or
• Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of our E-services or any device or system or breach or circumvent any security measure of Fleckings or a third party.
9.2. What is a cookie? A cookie is a small text file that is stored on your computer or other internet connected device in order to identify your browser, provide analytics, remember information about you such as your language preference or login information. They're completely safe and can't be used to run programs or deliver viruses to your device.
• To facilitate the operation and functionality of our website/app
• To improve your experience of our website/app and make navigating around them quicker and easier
• To allow us to make a bespoke user experience for you and for us to understand what is useful or of interest to you
• To analyze how our website/app is used and how best we can customize it
• To identify future prospects and personalize marketing and sales interactions with it
• To facilitate the tailoring of online advertising to your interests.
9.4. What type of cookies does Fleckings use? Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires, or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years. Cookies placed by the website you are visiting are called "first party cookies".
Strictly Necessary cookies are necessary for our website/app to function and cannot be switched off in our systems. They are essential in order to enable you to navigate around the website/app and use its features. If you remove or disable these cookies, we cannot guarantee that you will be able to use our website/app.
9.5. We use the following types of cookies in our website/app:
9.5.1. Essential Cookies. We use essential cookies to make our website/app work. These cookies are strictly necessary to enable core functionality such as security, network management, your cookie preferences and accessibility. Without them you wouldn't be able to use basic e-services. You may disable these by changing your browser settings, but this may affect how the Websites function.
9.5.2. Performance and Functionality Cookies. These cookies are used to enhance the performance and functionality of our website/app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website/app as we would not be able to remember that you had logged in previously.
9.5.3. Marketing Cookies. These account-based marketing cookies enable us to identify future prospects and personalize sales and marketing interactions with them.
9.5.4. Analytics and Customization Cookies. These cookies collect information that is used to help us understand how our website/app is being used or how effective our marketing campaigns are, or to help us customize our website/app for you.
9.5.5. Advertising Cookies. These cookies collect information over time about your online activity on the website/app and other online e-services to make online advertisements more relevant and effective to you. This is known as interest-based advertising. They also perform functions like preventing the same ad from continuously reappearing and ensuring that ads are properly displayed for advertisers. Without cookies, it's really hard for an advertiser to reach its audience, or to know how many ads were shown and how many clicks they received.
9.5.6. Third Party Cookies. Some cookies that have been set on our website/app are not set on a first party basis by Fleckings. The Websites can be embedded with content from third parties to serve advertising. These third-party service providers may set their own cookies on your web browser. Third party service providers control many of the performance and functionality, advertising, marketing, and analytics cookies described above. We do not control the use of these third-party cookies as cookies can only be accessed by the third party that originally set them.
9.6. How you can manage cookies? Most browsers allow you to control cookies through their 'settings' preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience, since it will no longer be personalized to you. It may also stop you from saving customized settings like login information. Browser manufacturers provide help pages relating to cookie management in their e-products.
Browser manufacturers provide help pages relating to cookie management in their e-products. Please see below for more information.
• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera Mobile
9.7. Blocking and disabling cookies and similar technologies.
Wherever you're located you may also set your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website from functioning properly, and you may not be able to fully utilize all of its features and e-services. You should also be aware that you may also lose some saved information (e.g. saved login details, site preferences) if you block cookies on your browser.
Different browsers make different controls available to you.
Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from within your browser, you should visit your browser's help menu for more information.
Last Revision: January, 2021