Scope of FlexClub Service
Use of the Services
Disclaimer of Warranties; No Service Guarantee
3 rd -Party Open Banking API's. You expressly understand and agree that:
Limits of Liability
Term and Termination
Term. This Agreement shall commence on the date that you execute it (by registering an Account on the FlexClub Platform and indicating your acceptance of this Agreement in the prescribed means) and shall continue until terminated as set forth herein.
Termination of Agreement
By Either Party. Either you or FlexClub may terminate this Agreement: i) without cause at any time upon fourteen (14) days prior notice to the other party; ii)immediately, without notice, for the other party's material breach of this Agreement; iii)immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party's filing or submission of request for suspension of payment (or similar action or event) against the terminating party.
If this Agreement is terminated pursuant to this provision, your user profile will be deactivated and, unless FlexClub in its sole discretion determines otherwise in writing, any outstanding Rental Agreements will be terminated.
By FlexClub. FlexClub may terminate this Agreement or deactivate you immediately, without notice, if you: i) violate or commit a breach of this Agreement or of any Rental Agreement; ii)no longer qualify, under applicable law or the standards and policies of FlexClub to use the Rental Asset, or as otherwise set forth in this Agreement; iii) disparage FlexClub or any FlexClub Affiliate(s); iv) commit an act or omission that causes harm to FlexClub’s or any FlexClub Affiliate(s)' brand, reputation or business as determined by FlexClub in its sole discretion.
FlexClub may also terminate this Agreement or deactivate you immediately, without notice, for any other reason at the sole and reasonable discretion of FlexClub. If this Agreement is terminated pursuant to this provision, your user profile will be deactivated and, unless FlexClub in its sole discretion determines otherwise in writing, any outstanding Rental Agreements will be terminated.
Termination of Rental Agreements
Termination by FlexClub. FlexClub may terminate a Rental Agreement on behalf of a Merchant in the event that the Member commits a breach of the Rental Agreement or should FlexClub receive instruction from the Merchant to terminate. FlexClub will provide at least ten (10) days’ notice of termination, or such shorter period as FlexClub may in its sole discretion determine necessary should it believe a more immediate termination be needed to protect the interests of FlexClub, any FlexClub Affiliate(s) and/or the Merchant.
The Member may terminate a Rental Agreement (unless otherwise provided in such agreement) at any time on written notice to FlexClub and the Merchant. Following any such termination, the Member will still be expected and required, amongst other things, to make payment in full of all fees and amounts which were due by them up to and including the date of termination, including without limitation the full Rental Price for the month in which they terminate, and they shall not be entitled to any refunds, credits, payments and/or reductions in respect of any fees or amounts paid or payable by them.
Other than a termination on written notice in accordance with (b) above, should the Member terminate, repudiate or commit any breach of the Rental Agreement or these Terms of Service, or commit any other act which creates the reasonable impression that they no longer consider themselves to be bound by the Rental Agreement, or attempt to do any of these things, they will be liable to pay a penalty equal to 30 (thirty) days’ Rental Price, and the Member hereby irrevocably authorises FlexClub to recover any such shortage directly from their bank account or any other payment method registered on their FlexClub and/or their Merchant account.
Termination for Payment Default. If you are a Member and unable to cover your Rental Price in any given week, FlexClub will give you and the Merchant notice of the arrears. From that date, you will have seven (7) days to make up the arrears (the “Notice Period”). If you are unable to do so, the Rental Agreement will terminate at the end of the Notice Period.
Effect of Termination. Upon termination of the Agreement, you shall immediately cease all use of the Services. The Member must return the Rental Asset to the Merchant as soon as possible (and no later than 24 hours after receiving notice of termination of this Agreement and/or your Rental Agreement).
Data and Privacy
Location Based Services. You consent to FlexClub recording geo-location information from your device and/or any installed sensors in the Rental Asset. You consent to having the geo-location of the Rental Asset monitored throughout the Rental Period. In addition, FlexClub may share and use Members’ geo-location information for safety, security, technical, marketing and commercial purposes, including to provide and improve the Services.
3 rd -party APIs
Internet Banking Terms. You warrant that your use of the Services, insofar as they include API Services, complies with the terms and conditions of your own Internet Banking services.
Amendment of the Agreement
Governing Law; Dispute Resolution
The member's eligibility to use the services
Use of the Rental asset
Rental price and deposits