AGREEMENT BETWEEN CUSTOMER AND USERCARE, INC.
Welcome to the Fly.me (the “Web site”). Fly.me is owned and operated by UserCare, Inc., a Delaware Corporation. This Web site is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we”, “us”, “our”, Fly.me, and “UserCare, Inc.” refer to UserCare, Inc., a Delaware corporation. The term “you” refers to the customer visiting the Web site and/or booking a reservation through us on this Web site or through our customer support agents.
By accessing or using this Web site you agree that you have read, understand, and agree to be bound by UserCare, Inc.’s, Terms & Conditions and Privacy Statement.
This Web site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (referred herein as, “Terms & Conditions and Privacy Statement” or “Terms & Conditions” or “Privacy Statement” or “Terms” or “Notices” or “Agreement”). Please read our Terms & Conditions and Privacy Statement carefully as it contains important information about limitations of liability, cancellation policies and penalties, your cancellation and refund rights and your privacy. By accessing or using this Web site, booking any reservations for travel products or services on this Web site, or contacting our call center agents, you agree that the Terms & Conditions and Privacy Statement then in force shall apply. If you do not agree to the Terms & Conditions and Privacy Statement, please do not use or book any reservations through this Web site or our call center agents.
TERMS & CONDITIONS AND PRIVACY STATEMENT
USE OF THE WEB SITE
As a condition of your use of this Web site, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will use this Web site in accordance with these Terms & Conditions;
- you will only use this Web site to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- you will inform such other persons about the Terms & Conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by you on this Web site is true, accurate, current and complete; and if you have a Fly.me/UserCare, Inc. account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access, to anyone, to this Web site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms & Conditions.
For service questions please contact our Customer Support Travel Specialists via live chat by choosing our “let’s chat” option, by clicking on Contact Us and using our customer service feedback form or via email at email@example.com.
To review frequently asked questions about using this Web site please visit our “Help” page.
All legal correspondence should be mailed to: UserCare, Inc., 1830 E Broadway Blvd. Ste 124 Tucson, AZ 85719.
DISPUTES AND CLAIMS PROCEDURE
UserCare, Inc., is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful in resolving your problem or dispute, you may pursue claims as explained in this section.
Pursuant to this Agreement, you agree to give us an opportunity to resolve any disputes or claims relating in any way to the Web site, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Terms & Conditions and Privacy Statement (“Claims”) by contacting UserCare, Inc., Customer Support via email at firstname.lastname@example.org.
If your Claims cannot be settled through Customer Support efforts, you agree first to try, in good faith, to settle your Claims by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If, after such good faith effort to mediate your Claims, we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our affiliates, subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement, regardless of whether prior versions of the Agreement required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including statutory damages, injunctive relief, and/or attorneys’ fees and costs) and must follow and enforce this Terms & Conditions Agreement as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules and Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to UserCare, Inc., Legal Department, 1830 E Broadway Blvd. Ste 124 Tucson, AZ 85719. If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
PERMISSIONS AND RESTRICTIONS
The content and information on this Web site (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information is proprietary to us or our affiliates, suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Web site. Additionally, you agree not to: use this Web site or its contents for any commercial purpose; make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; deep-link to any portion of this Web site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of this Web site into any other Web site without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, UserCare, Inc., may cancel any travel or service reservations associated with your name, email address or account, and close any associated UserCare, Inc. accounts. If you have conducted any fraudulent activity, UserCare, Inc. reserves the right to take any necessary legal action and you may be liable for monetary losses to UserCare, Inc., including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact UserCare, Inc., Customer Support.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the travel supplier, which can be found on the supplier’s Web site. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
If a flight is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to another flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
Federal law forbids the carriage of hazardous materials aboard aircraft, in your luggage or on your person. A violation can result in imprisonment and/or financial penalties (for more information regarding penalties, review 49 U.S.C. Chapter 51-Transportation of Hazardous Material). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There may be special exceptions for small quantities of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
UserCare, Inc., is not liable for any costs incurred due to hotel relocation.
BANK AND CREDIT CARD FEES
Your payment is processed in the United States when we process your payment. When the travel supplier processes your payment, it will be processed in the country in which the travel supplier is based.
UserCare, Inc., or the travel supplier, may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier); and (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For example, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
INVOICING AND PAYMENT
Periodically, Customer shall pay to UserCare, Inc. the booking fees that have accrued during the prior period. Customer is solely responsible for the cost of the booking fees, and any trip booked is subject to Customer‘s payment of the applicable booking fees. UserCare, Inc. shall invoice Customer for the booking fees on the first day of the new period, and payment shall be due upon receipt, regardless of the method of payment used.
When you book international travel, you are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. UserCare, Inc. has no special knowledge regarding foreign entry requirements or travel documents.
We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended vaccinations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended vaccines, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection: Although not common, most countries reserve the right to remove insects from aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information visit: https://www.transportation.gov/airconsumer/spray
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, USERCARE, INC., DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The information regarding products and services published on this Web site may include inaccuracies or errors, including pricing errors. In particular, UserCare, Inc. does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies relating to the information and description of hotel, air, cruise, car and other travel products and services displayed on this Web site (including, without limitation, pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, UserCare, Inc. expressly reserves the right to correct any pricing errors on our Web site and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Web site are intended only as general guidelines, and UserCare, Inc., does not guarantee the accuracy of the ratings. UserCare, Inc., and its respective suppliers make no guarantees about the availability of specific products and services. UserCare, Inc., may make improvements and/or changes on the Web site at any time.
UserCare, Inc., and its respective suppliers make no representations about the suitability of the information, products and services contained on this Web site for any purpose; the inclusion or offering of any products or services on this Web site does not constitute any endorsement or recommendation of such products or services by UserCare, Inc. All such information, products, and services are provided “as is” without warranty of any kind. UserCare, Inc., and its respective suppliers disclaim all warranties and conditions that this Web site, its servers or any email sent from UserCare, Inc., and/or its respective suppliers are free of viruses or other harmful components. The UserCare, Inc., and its respective suppliers hereby disclaim all warranties and conditions with regard to information, products, and services; including all implied warranties and conditions of merchantability, fitness for a particular response, title, and non-infringement.
The carriers, hotels, and other suppliers providing travel or other services on this Web site are independent contractors and not agents or employees of UserCare, Inc. UserCare, Inc., is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers; or for any personal injuries, death, property damage, or other damages or expenses resulting there from. UserCare, Inc., has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control; and we have no responsibility for any additional expenses, omissions, delays, rerouting or acts of any government or authority.
In no event shall UserCare, Inc. and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of, or use of this Web site or with the delay or inability to access, display or use this Web site (including, but not limited to, your reliance upon opinions appearing on this Web site; any computer viruses, information, software, linked sites, products and services obtaining through this Web site; or otherwise arising out of the access to, display of, or use of this Web site) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise; and even if, UserCare, Inc. and/or its respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, UserCare, Inc. or its respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of UserCare, Inc. and/or its respective suppliers will in no event exceed, in the aggregate, the greater of: (a) the service fees you paid to UserCare, Inc., in connection with such transaction(s) on this Web site; or (b) One-Hundred Dollars (US $100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms & Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms & Conditions inure to the benefit of UserCare, Inc., and/or its respective suppliers.
You agree to defend and indemnify UserCare, Inc., and/or our respective suppliers and any of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees brought by third parties as a result of:
- your breach of these Terms & Conditions or the documents referenced herein;
- your violation of any law or the rights of a third party; or your use of this Web site.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to websites operated by parties other than UserCare, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for the contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you select or software you download (from any websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
Please be aware that by submitting content to this Web site by electronic mail, postings on this Web site or otherwise; including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant UserCare, Inc., affiliates, subsidiaries, travel suppliers, and/or linked website providers through whom we provide service a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that UserCare, Inc., and/or affiliates may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our suppliers. You further grant UserCare, Inc., the right to pursue, at law, any person or entity that violates your or UserCare, Inc.’s, rights in the Submissions by a breach of these Terms & Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by UserCare, Inc., affiliates, subsidiaries, travel suppliers, and/or linked website providers through whom we provide service. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments. We reserve the right in our absolute discretion to determine which comments are published on the Web site. If you do not agree to these Terms & Conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions (including, but not limited to, reviews posted to this Web site). You are prohibited from posting or transmitting to or from this Web site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions or any other harm resulting from your posting of content to this Web site. You acknowledge that UserCare, Inc. may exercise its rights (i.e. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
UserCare, Inc., claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our site.
UserCare, Inc.’s, policies with respect to claims by third parties that the content of the Web site, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
CLAIMS OF COPYRIGHT INFRINGEMENT
All content included in or made available through this Web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of UserCare, Inc., its affiliates, or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Web site is the exclusive property of UserCare, Inc., its affiliates, or its content suppliers and protected by United States and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Web site are trademarks or trade dress of UserCare, Inc., its affiliates, or its content suppliers. UserCare, Inc.’s, trademarks and trade dress may not be used in connection with any product or service that is not UserCare, Inc.’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits UserCare, Inc. All other trademarks not owned by UserCare, Inc., that appear on the Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UserCare, Inc.
One or more patents owned by UserCare, Inc. may apply to this Web site and to the features and services accessible via the Web site. Portions of this Web site operate under license of one or more patents. Other patents pending.
If you are aware of an infringement of our brand, please let us know by contacting us in writing. In your written notification of infringement, please provide specific information sufficient for us to verify that infringement has occurred. Send the written communication to the following address: UserCare, Inc., 1830 E Broadway Blvd. Ste 124 Tucson, AZ 85719.
UserCare, Inc. may, at its sole discretion, limit access to the Web site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
NOTICE OF INFRINGING MATERIAL
If you believe, in good faith, that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
A clear identification of the material you claim is infringing on the Web site, such as a link to the infringing material. Your address, email address and telephone number. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.” A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. Please send your notice via U.S. mail to UserCare, Inc. Legal Department at 1830 E Broadway Blvd. Ste 124 Tucson, AZ 85719.
If material you have posted has been taken down, you may file a counter-notification by regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
Identification of the specific content that was removed or disabled and the location that content appeared on UserCare, Inc.’s Web site. Provide the URL address if possible. Your name, mailing address, telephone number and email address. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any U.S. judicial district in which UserCare, Inc., may be found, and that you will accept service of process from the party who reported your content or that party’s agent. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
Please send your notice via U.S. mail to: UserCare, Inc. Legal Department at 1830 E Broadway Blvd. Ste 124 Tucson, AZ 85719.
These Terms & Conditions are governed by the Federal Arbitration Act; federal arbitration law; and, for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the UserCare, Inc., as a result of this Agreement or use of this Web site.
Our performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and UserCare, Inc., with respect to this Web site, our services and your dealings and relationships with us. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Web site are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
REWARDS PROGRAM POLICY
Rewards Program. (“Fly Cash”) represents incentives that the Customer chooses to award to a User for a given trip booked. Fly Cash may be redeemed by the User for eligible goods, such as gift cards, within the Fly platform.
Payment. Customer shall be responsible for adding funds to their rewards account via ACH. Customer may only approve and award Fly Cash to Users if funds have been added to Customer’s rewards account.
Taxes and Legal Responsibilities. Customer shall be responsible for payment of all Taxes and associated reporting and/or legal responsibilities, and any related interest and/or penalties, resulting from any payments made to Users under the Fly Cash program, including, but not limited to, preparing applicable Forms W2 and Forms 1099-MISC for Users. Fly Cash is meant for promotional purposes and is not redeemable for cash by the User or the Customer.
Rewards. UserCare, Inc. is not responsible for and makes no warranty with respect to the quality of any Rewards, or their suitability to a specific use. Rewards are supported by the warranties of their individual providers, if any. As used herein, “Rewards” means eligible goods or similar items that UserCare, Inc. will determine in its discretion and display via the Site, App, or Extension, such as gift cards, which can be redeemed by Users in exchange for Fly Cash.
GENERAL DISCLOSURES REGARDING PURCHASE
CANCELLATION OR CHANGE PENALTY ADVISORY:
Cancellation and change penalties apply to these arrangements. Details will be provided upon request.
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
RIGHT TO PROMPT REFUND
Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler within.
Seller of Travel
UserCare, Inc. is a registered seller of travel in each of the states listed below:
Washington registration number: 604347166
Iowa registration number: 1499
California registration number: 2135183-40
Registration as a seller of travel does not constitute approval by the state of California.
NOTICE TO PASSENGERS PURCHASING WITHIN CALIFORNIA: UserCare,Inc. is registered and participating in the TCRF. If the passenger was located in California at the time of payment, this transaction was covered by the California Travel Consumer Restitution Fund (TCRF). Eligible passengers may file a claim with TCRF under the following conditions: 1) the passenger is owed a refund of more than $50 for transportation or travel services; and 2) the seller of travel failed to forward to a proper provider or such money was not refunded to you when required.
The maximum amount to be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive any right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to:
Travel Consumer Restitution Corporation P.O. Box 6001; Larkspur, CA 94977-6001 or by visiting TCRC’s website at: www.tcrcinfo.org
Pursuant to the Seller of Travel Act, California law requires certain sellers of travel to have a trust account or bond. UserCare, Inc., maintains a trust account with Silicon Valley Bank.
Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
NOTICE TO PASSENGERS PURCHASING OUTSIDE OF CALIFORNIA: This transaction is not covered by the California Travel Consumer Restitution Fund.
This Terms & Conditions and Privacy Statement is effective as of April 28, 2020.
PRIVACY STATEMENT OVERVIEW
The goal of UserCare, Inc. services is to increase security and privacy for all users by going beyond the secure web options to add additional encryption that is not normally available in the travel industry.
COLLECTING YOUR INFORMATION
We receive and store any and all information you enter on our website or provide in any other way, including via phone or social media. This information includes that which personally identifies you (“personal information”) such as: your first and last name, telephone number, postal and email addresses, and billing information (such as credit card number, cardholder name, and expiration date). Information collected also may include demographic information, your search and purchase information, and photos and location information you post on social media sites.
USING AND SHARING YOUR INFORMATION
As stated above, data collected may be used to customize your experience on the Usercare, Inc. website and to better make suggestions for your future travel needs. Usercare, Inc. reserves the right to make collections of data about a user available for possible third party travel specials, discounts and promotions.
A user offering an email contact in relation to the service of UserCare, Inc. products or payments may be added to a mailing list used for occasional promotions from UserCare, Inc., and/or third party services. It is UserCare, Inc.’s goal and preference to make such offers, as appropriate as possible, to fit the user’s preferences, tracked previous site use and purchases. These promotions from UserCare, Inc. will have an unsubscribe option.
Any promotional email or other content forwarded to the user, in any way, by a third party is outside the scope of control of Usercare, Inc. The user is responsible to contact the third party directly to resolve such matters. The user agrees that is not the responsibility of Usercare, Inc., to assist or resolve such issues. The user agrees to hold Usercare, Inc., harmless for any and all difficulty in processing such an unsubscribe request with a third party not controlled by Usercare, Inc.
The user of Usercare, Inc. services agrees to hold Usercare, Inc. and any affiliated parties harmless if there is a privacy issue and/or dispute, based on any international or local rules, regulations, laws and other limits prescribed by any government or other party that would hold this privacy or terms and conditions policies to be in any violation, whatsoever. When a membership option is available, the user may request membership termination and/or simply no longer return to the Usercare, Inc. site.
Additional agreements: The user agrees to hold Usercare, Inc., harmless for any and all issues regarding email, attachments, or U.S. mail sent, or received or not received by Usercare, Inc. This hold harmless agreement is expanded to any International rules, regulations, laws or any third party agreements that the user may cite as relevant to any issue, whatsoever.
The user should not send any material of any kind that is copyrighted or patented without first seeking written permission from the copyright or patent holder. Usercare, Inc. hereby declares no interest in unsolicited proposals or technologies.
Online Purchases and Data Collection Data collected by UserCare, Inc., will be maintained by UserCare, Inc., as part of business records. The user agrees that this data log is the sole property of UserCare, Inc., and there is no obligation for UserCare, Inc., to purge or remove such records.
We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the travel bookings you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and website; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms & Conditions; and as otherwise described to you at the point of collection.
THIRD PARTY VENDERS AND SERVICES
We reserve the right to make collections of data about a user available for possible third party travel use, travel specials, discounts and promotions.
Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. These third parties are required to follow the same data security practices that we ourselves adhere to.
When a third party is involved in a product or service that you have requested, their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those affiliates. Please note that we do not control the privacy practices of these third-party affiliates.
Referring websites: If you were referred to this website from another site, we may share some information about you with that referring website. We have not placed limitations on the referring websites’ use of your personal information and we encourage you to review the privacy policies of any website that referred you or provided a link to connect you with Usercare, Inc.
Our legal department may receive and share your information:
In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms & Conditions and other agreements. In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular hotels and vacation destinations. This data does not contain any personal information and is used to develop content and services we hope you will find of interest.
ACCESSING YOUR INFORMATION
You can access and update your contact information by visiting your Member Account pages. You can close your account by contacting us at our email address: email@example.com. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account for analytical purposes as well as for record keeping integrity.
PROTECTING YOUR INFORMATION
We want you to feel confident about using this Web site to make travel arrangements and we are committed to protecting the private information we collect. While no Web site can guarantee security, at UserCare, Inc. we strive to exceed security standards of the industry to help protect the information you provide to us.
As such, only authorized employees are permitted to access private information and only for permitted business functions. In processing requests for services, tickets, reservations, and other travel-related products, your private information is selectively encrypted so only the parties needing to know each data item are able to decrypt and see the items they need.
Any incoming email questions or direct mail inquiries will be considered confidential to the internal staff and may be made available to customer support with the intention to review and resolve any questions and problems as quickly as possible.
This is a general audience Web site and does not offer services directed to children. No users of our services and system should be under the age of 18, unless they are under adult supervision.
Any purchases must be made by the adult and any actions or purchases made by persons under the age of 18 and any problems resulting from such purchases are the responsibility of the payee, account owner, and/or adult guardian for such payment. This policy should automatically limit any need for special privacy requirements by UserCare, Inc. with regard to persons under the age of 18.
UserCare, Inc.’s declaration here and in other parts of the website will state that all persons under the age of 18 shall not process any sales, whatsoever. If an incident occurs, in spite of these warnings, the payee will be advised to deal directly with the third party provider of the product, ticket, reservation or other service. The payee responsible to pay for the product, ticket, reservation or service, made through UserCare, Inc., as an intermediary and owed to a third party, is advised to contact the third party directly for any changes, refunds or cancellations. If the rules from the third party allow such changes and/or cancellations and these can automatically be handled by UserCare, Inc., our help desk would be interested in assisting. The Payee, on accepting our help, agrees to hold UserCare, Inc., harmless for any future dispute or other demand for repayment for any service related to such an incident. In such cases, it is more appropriate to secure a solution either from the third party providing the actual service, or through the credit card or other method of payment support service.
Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to any Mortgage Loan shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.
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