Terms of Services
The following definitions apply to these Terms.
means the address to which the Goods are to be delivered, as stated on your Order.
means a third party delivery or shipping company engaged by Us to deliver Goods.
means the applicable fee for the delivery of Goods.
mean the items offered for sale on the online platform
has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.1 Shoporific Pty Ltd trading as Flexi Africa (‘Flexi Africa’) bearing ABN 25 637 875 300 and its corporate affiliates: (i) operate a dropshipping platform with certain other online businesses including but not limited to marketplaces, retail, wholesale, other dropshipping businesses and individual private businesses (all collectively referred to as ‘Merchants’).
In this policy, we refer to Flexi Africa Trading Pty Ltd trading as Flexi Africa and its corporate affiliates as “Flexi Africa” or “we” or “us.” We refer to end-users as “you”.
2.1 Flexi Africa operates drop shipping that allows you to purchase products from Merchants through our platform. As part of purchasing products from Merchants, you hereby authorise us to share information with the Merchants and their agents for any reason relating to your transaction whatsoever.
2.2 Although we are not a party to the contract formed between you and a Merchant when you make a purchase, we may assist with payment processing, returns, refunds, and another customer service. Flexi Africa does not guarantee (i) the existence, quality, safety, suitability, or legality of Merchant items or item listings; (ii) the truth or accuracy of any item listing, description or other content provided by Merchants; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Merchants or other third parties. Except if we clearly indicate otherwise, Flexi Africa does not endorse any Merchant, store, item, or item listing. Please read labels, warnings and directions provided with a purchased item before using it and consider doing your own research prior to making a purchase.
2.3 You should make whatever investigation you feel necessary or appropriate before making a purchase from any Merchant.
2.4 You hereby indemnify us from any damages, loss, harm caused to you whatsoever that may occur as a result of your transactions and/or purchases made through Flexi Africa.com.au or our affiliate platforms including any purchases and/or transactions that was between you and the Merchants through our online platform.
3.1 In order to use the Services, you must be at least 13 years old or older (or the age of consent set by applicable law) and be of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Products for children’s use may be sold by Merchants; however, these products are intended for sale to adults. Certain products may be intended for individuals of certain ages or “mature audiences” only. By ordering such items, you certify that you are old enough to view, use or own such mature items. Flexi Africa has no liability to you for third party content that you find to be offensive, indecent, or objectionable.
3.2 You are not permitted to use the Services if:
(a) You cannot enter into a binding contract with Flexi Africa for any reason whatsoever.
3.3 You may be required to create an account, and select a password and user name. You promise to provide us with honest, truthful, accurate, complete, and updated registration information about yourself. Failure to provide correct information may be considered as fraud or intentional deception. You may not select as your user name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Rules and Restrictions
4.1 You agree to use the Services for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and Conditions, and all laws that apply to you. If your use of the Services (including the purchase of any items on the Services) is prohibited by any applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
4.2 You will not share your account or password with anyone, and you must protect the security of your account and your password. You will notify Flexi Africa immediately of any unauthorized use of your password or any other breach of the security of your account. You’re responsible for any activity associated with your account.
4.3 You must not create multiple accounts and you must not let others use your account.
4.5 When accessing or using the Services, you agree to:
Abide by all laws, rules, regulations, these Terms, and all Flexi Africa policies;
Only purchase items you are legally able to purchase in your jurisdiction;
Only use (or attempt to use) the Services through interfaces provided by Flexi Africa; and
Comply with the instructions in any robots.txt file present on the Services.
4.6 When accessing or using the Services, you agree not to
Infringe or violate the intellectual property rights or any other rights of anyone else (including Flexi Africa) see our Intellectual Property Policy for more info;
Violate these Terms, Flexi Africa policies, or any law or regulation, including any applicable export control laws;
Engage in an activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Circumvent any terms, policies or rules set forth on the Services including those relating to any promotion, contest or program on the Services;
Collect personal data from users of the Services or use any such information found on the Services;
Engage in an activity that jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempt, in any manner, to obtain the password, account, or other security information from any other user;
Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
Violate the security of any computer network, or crack any passwords or security encryption codes;
Run Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
Copy or store any significant portion of the Content;
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
Attempt to buy any Prohibited Items;
Abuse any promotions, discounts or other benefits offered by Flexi Africa or Merchants, including farming or harvesting of discounts or promotion codes; or
Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
In addition to any other remedies available to us, including without limitation monetary and nonmonetary damages, a violation of any of the foregoing is grounds for adjustment of prices/amounts due; cancellation of one or more purchases; suspension or termination of your right to access or use the Services.
5.2 Your purchases are fulfilled by Merchants. In order to fulfil your purchases, Merchants need information about the purchaser, such as mailing address. Merchants may be located in your country or region or elsewhere including internationally (overseas). You acknowledge that when you make a purchase, Flexi Africa treats it as a request from you (in other words you are directly permitting Flexi Africa) to share your information, including name, street address and phone number, with the relevant Merchant to, for example, facilitate shipping and that such sharing may cause a transfer of personal data from one region to another.
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any of your acts violate the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Flexi Africa, its users and the public.
6.1 Flexi Africa may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
6.2 If you would like to receive marketing via mobile texts and alerts, you may sign up to do so, including on a checkout page for purchasing an item in the Flexi Africa platform. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you’ve provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Flexi Africa marketing text list, you can follow the instructions provided in those messages or reply STOP to any Flexi Africa SMS/text. If you have any questions, you may reply HELP to Flexi Africa SMS/text alerts or contact customer care at support@Flexi Africa.com.
6.3 Flexi Africa may route these communications through a third-party service provider, and we or the service provider may record telephone conversations you have with Flexi Africa or its agents for quality control and training purposes, or for our own protection.
7.1 Anything you post, upload, share, store, or otherwise provide through the Services is a “User Submission.” User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.
7.2 For all User Submissions, you hereby grant Flexi Africa a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify (e.g. for technical purposes, such as making sure your submission is viewable on an iPhone as well as a computer), create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to operate, market and advertise the Services, including to present, display or perform such User Submission in accordance with your preferences.
7.3 If you choose to submit User Submissions, Flexi Africa will consider such Submissions to be non-confidential and non-proprietary. Flexi Africa shall have no obligations concerning the User Submissions, and Flexi Africa will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit the User Submissions in any manner, without any restriction or compensation to you.
Ratings, Reviews and other User Feedback
8.1 Ratings and reviews and photos, videos or other content about items and stores (“Feedback”) generated by users on our Services are User Submissions that are not endorsed by Flexi Africa and do not represent the views of Flexi Africa. Flexi Africa does not assume liability for Feedback or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Merchant, product, or service; (ii) you will not provide a rating or review for any Merchant, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.
8.2 You agree that if you participate in a Flexi Africa community or group and get special access to features or items or receive free items directly from Flexi Africa, and you want to post publicly about those free items and your experiences with them, then you shall comply with the Flexi Africa Endorsement Guidelines, including without limitation that you shall (a) write honestly about your actual experience with the product; and (b) disclose all material information, such as (where applicable) that you received the item for free.
9.1 The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, Feedback (all of the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you: (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s rights (including Flexi Africa’s).
9.2 FLEXI AFRICA and the logo are trademarks of Flexi Africa Inc., which are from time to time registered in Australia and in other countries. All rights reserved.
9.3 You understand that Flexi Africa owns or licenses the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this section 9.
9.4 Subject to your compliance with these Terms and applicable policies, rules or guidelines, and your payment of any applicable fees, Flexi Africa or it’s content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by Flexi Africa or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by Flexi Africa terminate if you do not comply with these Terms or the applicable policies, rules or guidelines.
10.1 We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing and to terminate the accounts of repeat alleged infringers.
11.1 Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
11.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
11.4 Flexi Africa has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Flexi Africa will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
11.5 Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. You agree that Flexi Africa shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
11.6 If there is a dispute between participants on this site, or between users and any third party, you agree that Flexi Africa is under no obligation to become involved. In the event that you have a dispute with one or more other users, including a Merchant, you release Flexi Africa, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Changes to the Services
12.1 We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Costs and Fees
13.1 It is currently free to access and browse the Flexi Africa platform and sites and other aspects of the Services. However, you may choose to purchase items through the Services, and you alone will be responsible for paying the purchase price of any items you buy, in addition to any import/export taxes and shipping costs required at the nominated destination. Flexi Africa may limit or cancel quantities of items purchased, and it reserves the right to refuse any order. In the event Flexi Africa needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, use, customs or value-added taxes, and the shipping time and associated cost may increase accordingly. As tax rules evolve,
13.2 Flexi Africa is not responsible in any way whatsoever for any taxes that you may be required to pay in addition to the price you have paid for the products. You hereby indemnify Flexi Africa from any damage, loss, delay, or anything whatsoever occurred as a result of the taxes required by the governing authorities.
13.3 Flexi Africa reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of items. You shall pay all such fees, as described on the website or Flexi Africa platform in connection with such Services selected by you. Flexi Africa reserves the right to change prices and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
Price and payment
14.1. When you place an order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
14.2. All Prices are in Australian Dollars and, if GST applies, they are inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
14.3. We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price.
14.4. Payment methods are specified on the Website.
14.5. Any payment for an Order must be cleared by Flexi Africa before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this.
14.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
14.7 The prices as stated only include GST where applicable, but do not include any other taxes whatsoever. Flexi Africa is not liable for any taxes including but not limited to import tax, export tax, taxes imposed by the governing authorities of any particular country.
14.8 If you purchase products with the value of over $1,000AUD, then it is likely that the Australian Government will charge you import duties in addition to the purchase price that you have paid on the Flexi Africa platform. However, you will be required to also pay GST at the same time of paying the import taxes and as such that may mean you have paid GST twice. Therefore, in order for you to obtain a refund for the GST component from Flexi Africa, you must submit a claim to customercare@Flexi Africa.com with proof of purchase from Flexi Africa, proof of payment of GST to the Australian Government.
Returns, Refunds, Exchanges and Related
15.1 We want you to be satisfied with your purchase on the Services. If you have a problem with an order or purchase, please contact us as described in the Refund & Returns Policy. You agree that: (i) Flexi Africa may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with your order, including the contents of an item listing or the item’s delivery or condition; and (ii) if you Flexi Africa to pursue any other remedy, you must seek that remedy directly from the applicable Merchant. If you accept a refund, your ability to seek another remedy from the applicable Merchant may be affected.
15.2 Except as described in the Refund & Returns Policy, Flexi Africa cannot refund, reimburse, cover, or otherwise be responsible for any fees, including without limitation those not paid to Flexi Africa, such as customs, taxes as well as any return shipping costs you may incur in the refund process.
Please review our returns policy at www.Flexi Africa.com/privacy
Rewards, Credits and Flexi Africa Cash
16.1 Your account may contain rewards, credits, or Flexi Africa Cash, or virtual currency in one of our other Flexi Africa platform. These may be used for discounts on or pay for eligible purchases made on the Services. Rewards, credits, or Flexi Africa Cash cannot be redeemed for cash, except in jurisdictions where required by law. Flexi Africa Cash is issued and may be used as described in the Flexi Africa Cash & Gift Card Policy. Flexi Africa Gift Cards are governed by the Flexi Africa Cash & Gift Card Policy.
Ending Our Relationship
17.1 You’re free to stop using the Services at any time. Any unpaid amounts you owe Flexi Africa or Merchants for items purchased will remain due. Flexi Africa is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Flexi Africa has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Even after your right to use the Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Flexi Africa or Merchants for items purchased will remain due.
17.2 Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
17.3 Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding arbitration and class action waiver.
18.1 You expressly agree that any laws applicable to your transaction are the laws contained in the state of New South Wales and of Australia (NSW). You agree that any applicable jurisdiction is that of NSW in Australia.
18.2 Should any terms or conditions be found to be invalid, against the law, unconscionable or in any way whatsoever defective, then only that term and/or condition shall be deemed as deleted so as to keep the balance of the terms and conditions valid and in effect.
Changes to Terms
19.1 We’re constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we make any material changes, we will bring it to your attention by placing a notice on the Services, by sending you an email, or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
19.2 Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
This disclaimer section is an essential part of these terms.
20.1 Neither Flexi Africa nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, intellectual property compliance, legality, or decency of material contained in or accessed through the services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.
20.2 to the fullest extent allowed by applicable law, the services, products offered and purchased on the services, or other content are made available to you is on an “as-is” and “as available” basis, without warranties of any kind. To the fullest extent permitted by applicable law, Flexi Africa expressly disclaims all warranties, representations, and conditions of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
20.3 you acknowledge and agree that, to the fullest extent permitted by applicable law, you assume full responsibility for your use of the services and that any information you send or receive during your use of the services may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, Flexi Africa is not responsible for any loss or damage to your property or data that results from any materials you access or download from the services.
20.4 if you rely on any data or information obtained through the services, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of such data or information.
Limitation of liability
21.1 To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Flexi Africa (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, punitive, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, the accuracy of results, or computer failure or malfunction arising out of or in any way related to the services or (b) your use of the services including, without limitation, any inability to access or use or the purchase and use of items offered for sale within the services, even if Flexi Africa, its suppliers, or any other person has been advised of the possibility of damages.
21.2 this disclaimer applies, without limitation, to any damages or personal injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, any theft, destruction, unauthorized access to, alteration of, loss or use of, any record or data, and any other tangible or intangible loss.
21.3 you specifically acknowledge and agree that Flexi Africa shall not be liable for any defamatory, offensive, or illegal conduct of any merchant or user of the services.
21.4 the limitations of damages set forth above are essential terms between Flexi Africa and you.
22.1 To the fullest extent allowed by applicable law, you agree to indemnify and hold Flexi Africa, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including LEGAL fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, including without limitation, User Submissions or any actions taken by a third party using your account), (b) your violation of these Terms, (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third party agreement; or (d) your violation of any applicable laws, rules or regulations. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
22.2 Flexi Africa reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flexi Africa in asserting any available defences. This provision does not require you to indemnify Flexi Africa for any unconscionable commercial practice by Flexi Africa or for Flexi Africa’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Services, including the purchase of any items on the Services.
22.3 Notwithstanding the foregoing paragraph, you agree to release, indemnify, and hold Flexi Africa and its affiliates, and its officers, agents, employees, and partners, harmless from and against any claims, third-party claims, liabilities, damages, losses, and expenses, and anything else whatsoever, arising out of or in any way connected with your dealings with Flexi Africa and/or the Merchants.
23.1 Electronic Communications
You agree to receive communications from Flexi Africa electronically, such as emails, texts, mobile push notices, or notices and message on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Flexi Africa provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.”
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Flexi Africa’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
23.3 Force Majeure
Flexi Africa shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
23.4 Choice of Law
These Terms and any dispute of any sort that might arise between you and Flexi Africa will be interpreted in accordance with the law of the State of New South Wales and the laws of Australia, consistent with any Consumer Law and the Australian Consumer and Competition Commission. Should any law of any country or jurisdiction outside Australia conflict with the laws of Australia, then the Laws of Australia shall prevail.
The following guides are available to you as a consumer. Please click on the link below or visit www.accc.gov.au.
- Consumers’ rights & obligations
- Anti-competitive behaviour
- The Australian Consumer Law: A guide to provisions.
23.5 Law Jurisdiction
Any claim or dispute between you and Flexi Africa that arises out of or is related to any of the services provided, the dispute/claim shall be decided exclusively by a competent jurisdiction located in NSW, Australia pursuant to the terms and conditions stated herein.
23.6 Statute of Limitations
The Statue of limitations only apply to the applicable laws of NSW, Australia.
Where Flexi Africa requires that you provide an email address, you are responsible for providing Flexi Africa with your most current email address. In the event that the last e-mail address you provided to Flexi Africa is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Flexi Africa’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Flexi Africa at the following email address email@example.com. Such notice shall be deemed given when received by Flexi Africa by way of registered mail only.
23.8 Export Control
You may not use, export, import, or transfer the Services, including the purchase of any products on the Services except as authorized by Australian Laws. You warrant that prior to attempting to import/export any products, that you have conducted your own research and hold yourself solely liable to any authorities as a result of any alleged breach of laws.
23.9 Consumer Complaints
All complaints must be sent to customercare@Flexi Africa.com.au.
23.10 Entire Agreement
These Terms and Conditions and all policies posted through our Services set forth the entire understanding and agreement between you and Flexi Africa, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
23.12 Language of the Terms
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Flexi Africa may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Subject to Section 24 (Arbitration), if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Flexi Africa, and you do not have any authority of any kind to bind Flexi Africa in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and Flexi Africa agree there are no third party beneficiaries intended under these Terms.
Please read the following arbitration agreement in this section (“arbitration agreement”) carefully. It requires you to arbitrate most disputes with Flexi Africa and may significantly affect your legal rights.
You and Flexi Africa agree that any dispute, controversy, or claim arising out of, or relating to your use of the services, including without limitation the Flexi Africa platform, any products or services sold or distributed by or through the Flexi Africa platform, these terms, or content (a “dispute” as defined below) shall be resolved only by final and binding, bilateral arbitration, subject to the exceptions below.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Flexi Africa against each other related in any way to or arising out of in any way from the Service, the Content, User Submission (Public, Personal, and/or Limited Audience), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Flexi Africa, even if the claim arises after you or Flexi Africa has terminated use of Services or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) that Flexi Africa brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and Flexi Africa, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Flexi Africa; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.
24.2 Arbitration and/or Court Process
24.2.1 Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by arbitration or by a process required according to the law which is to be held in the city of Sydney in the state of NSW, in the country of Australia. For example but not limited to a tribunal such as NCAT or the Local Court situated at Sydney Downing Centre.
24.2.2 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Flexi Africa administration@Flexi Africa.com. The arbitration will be conducted by a single arbitrator appointed by the president of the NSW Law Society or alternatively the Chartered Institute of Arbitrators.