Terms & Conditions
1.The words ‘Club’ or ‘Clubs’ in this document refers to those entities that have agreed to accept Flexxi Pty Ltd’s services. The word 'Member' refers to people who purchase Flexxi Pty Ltd passes.
2. By signing up to Flexxi Pty Ltd ABN: 43607489083 also referred to as Flexxifit, Clubs and members acknowledge, understand and agree to the terms below. If you are accepting the terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person.
From time to time, we may change these Terms of Service and product availability without notice. Payments to you will not change without notifying you . It is your responsibility before using our Services that you keep up to date with our web site.
Availability of Services
3. Although we would want to always be online, sometimes there are instances when we have technical difficulties or may need to do maintenance on our servers. In these instances, you may need to follow more manual processes.
a) Clubs will be ranked according to their average weekly membership price. They will be listed as either Platinum, Gold, Silver or Bronze and shall be paid by Flexxi Pty Ltd for services to customers according to “tiered” packages as advertised on our web site.
b) In the event a Club wishes to change a chosen ‘ tier’ category, the Club will notify Flexxi Pty Ltd by email and if Flexxi Pty Ltd agrees the Club will continue to honour passes purchased at the previous package rate until their expiration date.
c) All passes issued by Flexxi Pty Ltd will be honoured by Clubs immediately once the Member presents evidence of holding a valid current Flexxifit pass excluding those people who are banned by the Club or do not meet your policies and procedures or dress code.
d) In the event a Club decides not to continue to use our services, the Club shall provide Flexxi Pty Ltd with at least one weeks notice by email of that decision. Clubs will continue to honour Flexxifit passes for 7 days after the date of termination (2 weeks minimum notice).
The Club acknowledges that the relationship between the Club and Flexxi Pty Ltd is one of Principal and Agent whereby the Clubs are multiple Principals and Flexxi Pty Ltd their Agent. All payments to Clubs will be GST inclusive.
Flexxi Pty Ltd will endeavour to pay for your services at the end of each month and may take up to seven days before it reaches your nominated account due to settlement times. It is the responsibility of the Clubs to notify Flexxi Pty Ltd by email of changes to bank account details for payment.
4. Products Specifications and sales package
Flexxi Pty Ltd work hard to offer the Club and the Member the most competitive pricing for our Clients and Customers accurate product and service information. However, because of variables beyond our control( (e.g the dynamic changes to internet services, merchant fees ), fees charged to visitors, promotions, versions and availability advertised are subject to change without prior notice. While changes to our fees will be available on the web site for Clients, any changes to Flexxi Pty Ltd fees does not change the dollar amount paid to the Club without written notice.
5. Unacceptable Orders
Flexxi Pty Ltd may reject an order if in the opinion of Flexxi Pty Ltd the order is unacceptable.
6. Errors and Omissions
Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. Flexxi Pty Ltd makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind.
7. NO Liability
The Member and the Club understand and agree that while Flexxi Pty Ltd provides passes for use at Clubs listed on their Web site Flexxi Pty Ltd has NO control over the policies and procedures of Clubs. The Clubs acknowledge, understand and agree they are wholly responsible for maintaining apropriate ocupational health and safety standards and provisions to protect members from injury and will ensure adequate public liability insurance is in place. The Club and the Member acknowledge and agree not to hold Flexxi Pty Ltd liable for Club safety, injury, dissatisfaction as to the quality of the equipment or services offered by the Clubs or actions of third parties , and shall NOT hold Flexxi Pty Ltd liable for Club policies relating to admission, supervision , dress code and occupational health and safety. All Flexxifit users must notify Clubs of their first visit to each Club in order for the Club to ensure insurance policies and procedures are followed.
8. Intellectual property
Copyright, trademark and other intellectual property laws protect materials displayed on Flexxi Pty Ltd websites and include but are not limited to, names, logos, trademarks, all editorial materials, information, photographs, artwork, illustration and other graphic materials.
9. Uploading Information
When uploading information about your club e.g. operating hours. The information must be accurate.
The information provided by this Web site is subject to change without notice. While every effort has been made to ensure accuracy, Flexxi Pty Ltd will not be liable for any inaccuracies in the information contained herein.
While Flexxi Pty Ltd takes every precaution to ensure our systems are free of such items such as viruses, worms and trojan horses, it is up to you to take precautions to ensure that whatever you select for your use is free of such items of a destructive nature.
Flexxi Pty Ltd accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of information presented on this Web site, or any other service that may be accessed through this site.
In no event will Flexxi Pty Ltd be liable to any party for any direct, indirect, special or other consequential damages for any use of this Web site, or on any other hyperlinked Web site, including, without limitation, any lost profits, business interruption, loss of programs or other data, or otherwise, even if we are expressly advised of the possibility of such damages.
In no event will Flexxi Pty Ltd or its directors or employees be liable to any party for any direct, indirect, special or other consequential damages for any use of Clients premises or equipment.