Terms & Conditions

Effective Date: October 27, 2020.

This QuikSpot User Agreement (“Agreement”) is made between You (either an individual or an entity, referred to herein as “You”) and QuikSpot, on behalf of itself and its affiliates (collectively, “QuikSpot”) and governs Your access to and use of QuikSpot’s mobile application, as well as all other applications or websites owned, operated, licensed, or controlled by QuikSpot (“Applications”), and Your use of the services provided therein or in connection with such use or access (“Services”).

Please read the terms and conditions of this agreement carefully, including without limitation any linked terms and conditions or privacy policy appearing or referenced below, which are hereby made part of this agreement. by using the applications or services, you are agreeing that you have read, and that you agree to comply with and to be bound by the terms and conditions of this agreement and all applicable laws and regulations in their entirety without limitation or qualification. if you do not agree to be bound by this agreement, then you may not access or otherwise use the applications or services. this agreement is effective as of the date that you agree to its terms and conditions (“effective date”).

These terms and conditions may be updated at any time in quikspot’s sole discretion. your continued use of the applciations or sevices after such changes shall constitute your acceptance of the changes

If you are an individual representing an entity, you acknowledge that you have the appropriate authority to accept this agreement on behalf of such entity. you may not use the licensed material and may not accept this agreement if you are not of legal age to form a binding contract with quikspot, or you are barred from using or receiving the licensed material under applicable law.

I. Definitions

Owner: An individual or entity that owns, controls, or operates a Parking Space and has the authority to permit another individual or entity to park a motor vehicle in the Parking Space for a fee through the Applications.
Renter: An individual or entity who pays a fee in exchange for the license to park a registered & insured motor vehicle in a Parking Space for a set period of time through the Applications.
Users: Owners and Renters, collectively.
Reservation: The purchase of a license by a Renter from an Owner through the Applications to park a motor vehicle at a Parking Space owned, operated, or controlled by the Owner.
Parking Space: A physical location where a motor vehicle may be legally left unattended for an extended period of time. A Parking Space may be on either residential or commercial property.
Services: Intangible products, duties, uses, or labors offered through Our Applications involving or related to a Reservation or any other feature available on Our Applications.
Content: Services, Trademarks, Users’ information, and any other data and/or information made available through the Applications or by any other means authorized by QuikSpot, and any copies and derivative works thereof. Content expressly includes any data relating to the Reservations and Services.
Licensed Materials: Services and Content, collectively.
Transaction Account: The electronic account used by Users to remit and/or receive payments related to a Reservation.

II. General Use

By using Our Applications, utilizing and Services, or participating in any Reservations, You hereby warrant and represent that You are at least 18 years of age. If you are not 18, you must have the permission of an adult parent or guardian to use Our Applications who can legally agree to this Agreement on Your behalf and who will be responsible for your use of our Applications.

Further, by using Our Applications, utilizing any Services, or participating in any Reservations, You consent to receive electronic communications from QuikSpot. These electronic communications may be notices about applicable fees and charges, transactional or other information concerning or related to your use of the Applications, Services, or Reservations, or for promotional purposes.

III. Restrictions on Use of Applications and Services

You will not or attempt to:

Reverse engineer, decompile, disassemble or translate the Applications and Services or other QuikSpot property, or otherwise attempt to derive the source code, trade secrets or know-how in or underlying the Applications and Services or other QuikSpot property, or any portion thereof;
Interfere with, modify, disrupt or disable features or functionality of the Applications and Services or other QuikSpot property, including, without limitation, any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Applications and Services or other QuikSpot property, unless otherwise authorized by this Agreement or in writing by QuikSpot;
Sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Applications and Services or other QuikSpot property to any third party except as expressly permitted herein;
Permit other individuals or entities to create links to the Applications and Services or other QuikSpot property on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password or other login credentials to the Applications and Services or other QuikSpot property, except as expressly authorized; or
Use the Applications and Services or other QuikSpot property for any illegal, unauthorized or other improper purposes.
Use other Users’ data for any purpose other than to create or manage a Reservation or to review the handling of a Reservation by a particular User.

IV. User Fees

Renters shall pay a fee to secure a Reservation with a particular Owner. QuikSpot shall collect the payment of the fee up front and remit the Owner’s portion of the fee as follows:

Renters: Renters shall pay a fee to QuikSpot at a rate set in the Owner’s own discretion on an hourly, daily, weekly, or monthly basis, to be agreed to in advance (“Parking Fee”), plus applicable taxes, as well as a Transaction Fee of $0.40 (collectively, the “Renter Payment”).
Owners: QuikSpot shall deduct QuikSpot’s portion of the Parking Fee and remit the Owner’s portion to Owner according to the payment schedule elected by Owner. QuikSpot shall retain fifteen percent (15%) of the Parking Fee unless stated otherwise on a particular transaction. Owner is not entitled to any portion of any taxes or the Transaction Fee remitted as part of any Renter Payment. Should the Owner request payment earlier than the set payment schedule, Owner shall be subject to an additional early payment fee. All payouts are subject to convenience fees.
Method: Renters shall pay the total amount due for a given Reservation through a third-party payment processor via the Websites. QuikSpot will then remit the portion due the Owner according to the Owner’s payment schedule. Currently, QuikSpot uses Stripe (https://stripe.com), though QuikSpot reserves the right to change payment processors at any time and in its sole discretion. All payments are subject to convenience fees.

Payment processing services for our users on QuikSpot are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on QuikSpot, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of QuikSpot enabling payment processing services through Stripe, you agree to provide QuikSpot accurate and complete information about you and your business, and you authorize QuikSpot to share it and transaction information related to your use of the payment processing services provided by Stripe.

QuikSpot uses Stripe to make payouts to our parking providers, users who rent or giveaway their spot in exchange for rate pricing or tip. The Stripe Recipient Agreement applies to your receipt of such Payouts. To receive payouts from QuikSpot, you must provide us accurate and complete information about you and your business, and you authorize QuikSpot to share it and transaction information related to your payout with Stripe.

V. Cancellations and Refunds

Cancellations by Renters
1. If a Renter cancels a Reservation more than five (5) minutes prior to its scheduled start time, Renter shall be refunded 100% of the amount paid and no Transaction Fee or Cancellation is assessed.
2. If a Renter cancels a Reservation less than five (5) minutes prior to its scheduled start time, Renter shall be refunded 100% of the amount paid, less the $3.00 Cancellation Fee and any applicable taxes.
3. If a Renter cancels a Reservation after its scheduled start time but more than five (5) minutes prior to its scheduled end time, the Renter will be refunded pro rata based upon the percentage of unused time remaining on the Reservation once the Parking Space is vacated, though all taxes and the Transaction Fee will not be refunded and the Renter will be assessed a Cancellation Fee of $3.00 and any applicable taxes.
4. If a Renter cancels a Reservation prior to its scheduled start time or within five (5) minutes after the scheduled start time because the Parking Space is not accessible during the reserved time through no fault of Renter’s, the Renter will be refunded 100% of the amount paid and Owner shall be assessed a $3.00 cancellation fee and the Transaction Fee.
5. Under any circumstances where a Renter cancels a Reservation after its start, the Renter shall remove Renter’s vehicle immediately.
6. Cancellations are not possible as of five (5) minutes prior to the end time for any Reservation.
7. If under any circumstance the Cancellation Fee and/or Transaction Fee exceeds the amount that would otherwise be refunded, no refund shall be issued.
Cancellations by Owners
1. If an Owner cancels a Reservation prior to its scheduled start time, Renter shall be refunded 100% of the amount paid, and no Transaction Fee is assessed.
2. If an Owner cancels a Reservation after its scheduled start time but more than five (5) minutes prior to its scheduled end time, the Renter will be refunded pro rata based upon the percentage of unused time remaining on the Reservation once the Parking Space is vacated, less applicable taxes, and Owner will be assessed the Cancellation Fee of $3.00 and any applicable taxes.
3. If an Owner cancels a Reservation because a Renter a) damages owner’s property or Parking Space; b) commits an act of violence against Owner, Owner’s family, employees, contractors, affiliates, or any other individual at or near the Parking Space; c) uses the Parking Space for any illicit or illegal purpose; d) sublets or attempts to sublet the Parking Space to any third party; or e) otherwise commits a substantial breach of this Agreement, then no refunds will be issued and QuikSpot and Owner shall share in the amounts paid as if the Reservation had been completed.
4. If an Owner cancels a Reservation at any time after its start time, Owners shall give Renter a minimum of fifteen (15) minutes to retrieve Owner’s vehicle, for which time Renter shall not be charged. In the event Owner. If the Owner cancels the reservation pursuant to Section (b)(ii) herein, in the event fifteen (15) minutes is not practicable, possible, or reasonable under the circumstances, Owner shall give Renter a reasonable amount of time to retrieve the vehicle.
5. Cancellations are not possible as of five (5) minutes prior to the end time for any Reservation.
Deductions by QuikSpot: If at any time any amounts paid by Owner or Renter are less than Cancellation Fees, Transaction Fees, or any other fees or charges owed to QuikSpot, You expressly agree and hereby authorize QuikSpot to debit Your Transaction Account to recover the balance owed.
Taxes and Transaction Fees. Once assessed, Taxes and Transactions Fees are never refundable.

VI. Late Fees

In the event a Renter fails to vacate a Parking Space upon the completion, termination, or cancellation of a Reservation the following shall occur:

For any delays in vacating the Parking Space exceeding ten (10) minutes of the scheduled end time or time of cancellation, up to and including six (6) hours after the scheduled end time or time of cancellation, whichever is applicable, the Renter shall be charged for the additional time at 110% of the rate charged for the Reservation.
If six (6) hours after the scheduled Reservation end time has elapsed and Renter has not vacated the Owner, in Owner’s sole discretion, may arrange to have the motor vehicle towed. Renter shall be liable for all towing fees and costs, as well as the additional time the motor vehicle was occupying the Parking Space at 110% of the rate charge for the Reservation.

VII. Representations By Owner

If You hold Yourself out as the Owner of a Parking Space, You hereby represent and warrant that:

You have the legal right to control who can and cannot utilize the Parking Space;
You can legally charge a fee for the Parking Space;
The Parking Space is legal and devoid of any parking regulations that would affect a Renter’s ability to use the Parking Space, though this excludes local provisions requiring the display of a permit or placard which Owner is able to provide to Renter for the duration of the Reservation;
You are the owner of or otherwise have the legal authority to authorize QuikSpot to issue credit and debits on your Transaction Account;
You will only engage in Reservations with the intention of permitting the Renter to park their motor vehicle at the Parking Space you own;
You will not charge Renters any other fees or amounts not contemplated by this Agreement, nor will you charge any fee directly to Renters outside the Application;
You will keep the Parking Space safe, clean, and accessible for the duration of a Reservation;
You will not discriminate or make decisions related to the Applications, including the acceptance or rejection of a proposed Reservation, based on a User’s race, gender, sexual orientation, religion, age, or any other category protected by local, state, or federal law;
You understand all amounts collected by You are inclusive of all taxes You are liable for and that You are solely responsible for paying any and all applicable local, state, or federal taxes arising our of or related to Your use of the Applications or charging any fees related to a Reservation.

VIII. Owner Verification

In order to be approved as an Owner, You agree to provide any information required by QuikSpot reasonably necessary to confirm your right to permit Reservations at a given Parking Space in a manner that is consistent with this Agreement. Your failure or refusal to provide information requested pursuant to this paragraph will result in You not being approved as an Owner.

IX. Representations By Renter

If You hold Yourself out as the Renter of a Parking Space, You hereby represent and warrant that:

You have the legal right to control the motor vehicle, including the right to park the motor vehicle in the Parking Space for the duration of the Reservation, as well as the consent of the owner of the motor vehicle to share the motor vehicle owner’s information as necessary to book a Reservation;
You will not use the Parking Space for any other purpose than parking your motor vehicle;
You will only park the motor vehicle listed on the Reservation in the Parking Space;
You will not use the Parking Space for any illicit or illegal purposes;
You can legally drive in jurisdiction where the Parking Space is;
You are the owner of or otherwise have the legal authority to authorize QuikSpot to issue credit and debits on your Transaction Account;
You will not discriminate or make decisions related to the Applications, including the booking or cancellation of a Reservation, based on a User’s race, gender, sexual orientation, religion, age, or any other category protected by local, state, or federal law.

X. Motor Vehicle Verification

In order to be approved as a Renter, You agree to provide any information required by QuikSpot reasonably necessary to confirm your ownership and/or legal control over the motor vehicle you will park in Parking Space pursuant to a given Reservation. Your failure or refusal to provide information requested pursuant to this paragraph will result in You not being approved as a Renter.

XI. Transaction Accounts

You hereby authorize QuikSpot to utilize the information required by Our third-party payment processor to debit and credit Your account as a Renter and/or Owner in any manner consistent with this Agreement.

XII. Communication

QuikSpot shall only enable Users to communicate through the messenger feature on the Applications. Should Users decide to exchange any other contact information or communicate through any other means, QuikSpot shall have no liability for any damages, conflicts, claims, or disputes arising out of Users’ sharing and/or utilization of other contact information.

Further, You hereby authorize QuikSpot to communicate with you via the Applications, text message, phone, and/or email. You also authorize the Application to send you alerts on your mobile device.

XIII. Removal of Users

QuikSpot has the right to permanently or temporarily, fully or in part, ban any User for any reason at all, though QuikSpot does not discriminate or make decisions on the basis of a User’s race, gender, sexual orientation, religion, age, or any other category protected by local, state, or federal law.

XIV. Disputes Between Users

Should there arise a dispute between users regarding a Reservation, Owner or Renter initiating the dispute must first submit an explanation of its claims to QuikSpot, along with any available evidence. QuikSpot shall endeavor to reach out to the other party to the Reservation within thirty (30) days of receiving notice of a dispute to obtain information and evidence from the other party. The other party shall have ten (10) days to provide all information and evidence available to contest the allegations. QuikSpot will then take any further measures it deems reasonable under the circumstances to continue and complete the investigation into the dispute. Once QuikSpot has completed the investigation, it shall issue its determination to both Users and distribute any payment amounts as applicable.

Users shall have thirty (30) days to file a notice of dispute from the time that the user knew or should have known of the dispute. any dispute not initiated within this time frame shall be deemed waived.

In the event a User disagrees with QuikSpot’s determination, the User’s sole remedy shall be to engage in legal action against the other User in a manner consistent with this Agreement. Under no circumstances will QuikSpot be liable for any consequential, incidental, or damages of any kind resulting from its determination regarding a User dispute. Users shall have sixty (60) days from the date QuikSpot issues its determination to commence legal action; failure to timely commence a legal action shall deem any such disputed waived.

XV. Ownership and Feedback

Ownership. The Licensed Materials are licensed, not sold, and QuikSpot retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that QuikSpot, its licensors and its end users retain all worldwide right, title and interest in and to the Licensed Material and Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty (“IP Rights”). You agree not to do anything inconsistent with such ownership, including without limitation, challenging QuikSpot’s ownership of the QuikSpot Marks, challenging the validity of the licenses granted herein, or otherwise copying or exploiting the QuikSpot Marks during or after the termination of this Agreement, except as specifically authorized herein. If You acquire any rights in the QuikSpot Marks or any confusingly similar marks, by operation of law or otherwise, You will, at no expense to QuikSpot, immediately assign such rights to QuikSpot.
Feedback. You may provide QuikSpot with comments concerning the Licensed Material, Services, or any other item contemplated by this Agreement, or Your evaluation and use thereof (collectively, “Feedback”). You hereby grant QuikSpot all rights, title and ownership of such Feedback (including all intellectual property rights therein), and QuikSpot may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to You. Such feedback shall be treated as both non-confidential and non-proprietary and your provision of Feedback shall impose no obligation on the Company.

XVI. Other Important Terms

User protection. You will not knowingly: (1) allow or assist any government entities, law enforcement, or other organizations to conduct surveillance on licensed materials or other company property or content or any other information that would require a subpoena, court order, or other valid legal process, or that would otherwise have the potential to be inconsistent with users’ reasonable expectations of privacy; and (2) Display, distribute or otherwise make available content to any person or entity that you reasonably believe will use such data to violate the universal declaration of human rights (located at http://www.un.org/en/documents/udhr/), including without limitation articles 12, 18, or 19.
Updates. You acknowledge and understand that the applications will need to be updated from time to time and that your failure to permit any updates could prevent the applications from functioning. you further acknowledge that this agreement applies to any updated applications.
Network. You understand that the applications are intended to function on a mobile device and require a cellular or data network to function. you are solely responsible for ensuring that your hardware and software are able to operate the applications and that your network is functioning. likewise, you understand that you may receive data or other charges from your carrier related to the use of the applications and agree that you are solely responsible for any such charges.
Government Use. The licensed materials and other company property are “commercial items” as that term is defined at 48 c.f.r. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 c.f.r. 12.212. any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the licensed materials or other company property by any government entity is prohibited, except as expressly permitted by the terms of this agreement. additionally, any use by u.s. government entities must be in accordance with 48 c.f.r. 12.212 and 48 c.f.r. 227.7202-1 through 227.7202-4. if you use the licensed materials or other company property in your official capacity as an employee or representative of a u.s., state or local government entity and you are legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law. for the purpose of this provision, contractor/manufacturer is quikspot corp.
Warranty Disclaimer. The applications are provided “as is” and “with all faults” and the entire risk to the quality and performance of the applications is with you. we expressly disclaim all warranties of any kind (express, implied or statutory) with respect to the applications, which includes but is not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights. we further make no warranty that the applications will meet your requirements or that this website will be uninterrupted, timely, secure, or error free or that defects in this website will be corrected. we make no warranty as to the results that may be obtained from the use of the applications or as to the accuracy or reliability of any information obtained through the applications. no advice or information, whether oral or written, obtained by you through the applications or from quikspot shall create any warranty. we disclaim all equitable indemnities.
Indemnification. You shall defend quikspot against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold quikspot harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of your use of the licensed materials, participation whatsoever in any reservation, or other use of the content in any manner. in the event quikspot seeks indemnification or defense from you under this provision, quikspot will promptly notify you in writing of the claim(s) brought against quikspot for which it seeks indemnification or defense. quikspot reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. you may not enter into any third-party agreement, which would, in any manner whatsoever, affect the rights of quikspot, constitute an admission of fault by quikspot or bind quikspot in any manner, without the prior written consent of quikspot. in the event quikspot assumes control of the defense of such claim, quikspot shall not settle any such claim requiring payment from you without your prior written approval.
Limitation of Liability. In no event will quikspot be liable to you or any other users for any indirect, special, incidental, exemplary, punitive or consequential damages or any loss of or damage to use, data, business, goodwill or profits arising out of or in connection with this agreement or displaying, copying, or downloading any materials from this website or resulting from your use of such materials. in any case, quikspot’ aggregate liability for any and all claims under this agreement will not exceed the amounts you actually paid pursuant to this agreement. the foregoing limitations, exclusions and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the party has been advised of the possibility of such loss or damage. insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. the parties agree that the limitations on liabilities set forth herein are agreed allocations of risk and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy.
Miscellaneous. This agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. any attempted assignment in violation of this paragraph is null and void, and quikspot may terminate this agreement. this agreement does not create or imply any partnership, agency or joint venture. this agreement will be governed by and construed in accordance with the laws of the state of new york, without regard to or application of conflicts of law rules or principles. all claims arising out of or relating to this agreement will be brought exclusively in the federal or state courts of new york county, new york, usa, and you consent to personal jurisdiction in those courts. any proceedings, including any litigation, brought to resolve any dispute arising out of or in connection with this agreement against quikspot shall be brought and conducted on an individual basis only. you waive the right to assert or particiapte in any claims against quikspot as a represenative, member, or otherwise in any class or representative action and no individual actions shall be combined or consolidated for any reason. you further agree to reimburse quikspot for any costs and fees, including reasonable attorney’s fees, it expends in enforcing the terms of this agreement. despite the foregoing, you agree that money damages would be an inadequate remedy for quikspot in the event of a breach or threatened breach of a provision of this agreement protecting quikspot ‘s intellectual property or confidential information, and that in the event of such a breach or threat, quikspot, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate. the parties agree that neither the united nations convention on contracts for the international sale of goods, nor the uniform computer information transaction act (ucita) shall apply to this agreement, regardless of the states in which the parties do business or are incorporated. no waiver by quikspot of any covenant or right under this agreement will be effective unless memorialized in a writing duly authorized by quikspot. if any part of this agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.
Incorporated Terms. your use of the licensed material, the applications, and our services is further subject to and governed by the following terms and conditions:
1. The quikspot privacy policy located at: quikspot.com/privacy (“privacy policy”);