The calculation of the annual total transaction limit would be a period of twelve (12) months from the date of the creation of the User Account.
Payment, Clearing and/or Settlement
In respect of all payment instructions, items and instruments that we process through any (i) clearing or settlement system or (ii) payment network our rights, practices and liabilities are subject to the relevant laws, regulations, by-laws regulating the relevant Payment System and/or agreements with the authorised operator of the relevant Payment System. We shall not be liable to you for any loss or damage arising from the acts or omissions of any person, including yourself, in relation to any payment system unless the same arises as a direct result of our gross negligence or wilful misconduct; and you consent to our disclosing your information to the operators of the payment systems, our agents and such other persons having access to our records as may be required under any of the aforesaid laws, regulations, bye-laws and/or agreements.
Termination, Non-Processing, or Suspension of Transactions
Payments initiated in relation to a transaction may be declined for various reasons, including reasons that are beyond our control or not reasonably foreseeable. You acknowledge and agree that we may terminate any transaction where payment was declined for any reason. We will notify you as far as reasonably possible in the event of our termination of any transaction.
You further acknowledge that FLEXM reserves the right to suspend the processing of, or refuse to process, any pending transaction if required to do so by any applicable law, rule, regulation, competent court order, or direction from any state or governmental authority, or in the event that any transaction violates (or is likely to violate) any provision of these T&Cs or puts FLEXM ‘s operation or reputation at risk. In addition, FLEXM may take any further action as available to it under any applicable laws or regulations with respect to such transaction.
You acknowledge that you cannot cancel or reverse a completed transaction or order that has been successfully submitted. Accordingly, you agree to carefully check all orders before placing them.
Where the parties to a transaction are FLEXM users and dispute the transaction, the funds concerned will be withheld by FLEXM and will not be released to either party until such dispute is fully resolved between both parties. Where the dispute is settled in favour of a party, FLEXM will arrange for the return of funds to the FLEXM User Account. However, where one of the parties to a disputed transaction is not a registered user on FLEXM FaaS, FLEXM may not be able to so intervene. You accept this and agree not to hold FLEXM liable for any loss or damage you may sustain in connection with such a dispute.
You further acknowledge and agree that where a dispute between us and you regarding a transaction arises, we may at our sole discretion temporarily credit your User Account whilst we settle the dispute. You acknowledge that you may be liable to us for any funds that may have been temporarily credited to your User Account in relation to a disputed transaction.
If there have not been any transactions in your account, other than transactions initiated by us, for a period of 365 days, your account will be treated by us as dormant. Your account services will be frozen and you will be required to contact our customer service to reactivate your account services. Additional identification checks may also be required.
REWARDS, PROMOTIONS AND REFERRAL PROGRAMMES
Our current and potential Rewards, Promotions and Referral programmes for our users, are subject to change and/or cessation at any point in time. You agree that we will not be liable for any loss and or damage resulting from the termination of or any change in the terms and conditions of our Rewards/Promotions/Referral programmes and their related benefits. You further agree that we are not required to notify you of such changes and terminations beyond what we consider sufficient notice period.
You agree that you are responsible for identifying and determining the taxes applicable to you and your transactions on FLEXM FaaS and that FLEXM has no obligation whatsoever to do the foregoing for you. We do not, and will in no event be deemed to, provide any tax advice or tax consultation services. You acknowledge that it is your responsibility to report and remit all taxes payable to the appropriate tax authorities.
SUSPENSION, RESTRICTION, OR TERMINATION
Termination by FLEXM
Notwithstanding the foregoing, you acknowledge and agree that FLEXM may, at any time and at its sole discretion, suspend, restrict, or terminate your User Account or access to or use of FLEXM FaaS and Services. Such suspension, restriction, or termination of your User Account may occur as a result of:
1) your violation of these T&Cs, including, without limitation, your failure to make due payment for any transaction;
2) your attempt(s) to gain unauthorized access to FLEXM FaaS or another User Account, or provision of assistance to any other person(s) attempting to do so;
3) our reasonable suspicion that your User Account or any transaction is related to any criminal activity or Prohibited Use, or is not compliant with any applicable laws or regulations;
4) a court order, law enforcement, or other government regulatory order from any applicable jurisdiction, or if your User Account is subject to litigation or investigation;
5) your abuse of FLEXM FaaS or Services provided by FLEXM;
6) any of FLEXM‘s third party providers refusing to provide you with the Services for reasons of their own;
7) potential legal liabilities that FLEXM believes you may be involved in, that will impede access to and use of FLEXM FaaS or Services; or
8) any force majeure events, including any operational or technical errors.
Upon any suspension, restriction, or termination of a transaction, FLEXM is under no obligation to allow you to reinstate such transaction. Should you decide to initiate a fresh transaction as a result of such suspension, restriction, or termination, FLEXM reserves the right to suspend, restrict, or terminate the same in accordance with these T&Cs. If the transaction is permitted, FLEXM is not obliged to provide you with the same price or same terms as any suspended, restriction, or terminated transaction.
In the event your User Account is terminated by FLEXM, we may provide you with notice of termination. You acknowledge that FLEXM is not obligated to disclose any findings and information acquired by it during its security and risk management procedures.
Termination by You
You agree that we shall not be obliged to return or refund any balance amount in your User Account except when you terminate your User Account in accordance with these T&Cs. Any return or refund of balance amount is subject to deduction of any outstanding fees owing to us, and you providing us with such information as may be required to verify your identity.
You may terminate your User Account at any time by submitting a termination request to customer service at email@example.com. You agree that you are responsible for fulfilling and will fulfil all outstanding payment obligations to FLEXM that exist as of the effective date of termination. You further agree that FLEXM reserves the right to suspend any pending transactions at the time of termination.
After termination, if there are remaining amounts in your User Account, we may hold the balance amount until you provide us further information or documentation for verification purposes, or as may be required by relevant laws and regulations. All refunds above SG$100.00 shall only be made to a registered bank account in Singapore.
Upon termination of your account, we will endeavour to erase and discard your personal data subject to limitations and requirements under applicable laws, rules, regulations, or government orders on our retention of such information. Such limitations and requirements may mean that we retain part or all of your personal data for as long we have a business, legal, or tax reason to do so, even after the termination of your User Account.
SAFEGUARDING USER FUNDS DISCLOSURE
FlexM shall hold all user funds in a bank account. FlexM shall use them only in accordance with your instructions, and not for any other corporate purposes. However, the funds may co-mingle with the money of other users of the Platform. Please note that as a result of such commingling, you may not get all your money back if (i) at the point of time of claim, the fund are insufficient to settle all claims raised; or (ii) if the safeguarding institution becomes insolvent.
LIMITATIONS OF LIABILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. FLEXM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLEXM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO FLEXM FAAS, THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ERROR FREE, CONTINUOUS, UNINTERRUPTED, OR ACCURATE.
IN NO EVENT WILL FLEXM OR ITS SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURE PARTNERS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR DATA, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF FLEXM FAAS OR SERVICES OR THESE T&CS.
WE WILL ONLY BE LIABLE TO YOU FOR LOSS OR DAMAGE THAT IS REASONABLY FORESEEABLE OR CAUSED DIRECTLY BY OUR GROSS NEGLIGENCE, FRAUDULENT ACT, OR WILFUL NEGLECT, RESULTING IN A BREACH OF THESE T&CS. OUR LIABILITY IN THESE CIRCUMSTANCES WILL BE LIMITED TO AN AMOUNT THAT IS NO GREATER THAN THE LOWER OF THE (A) AMOUNT OF THE DISPUTED TRANSACTION AND (B) TOTAL VALUE OF THE BALANCE FUNDS IN YOUR ACCOUNT AS OF THE DATE OF THE OCCURRENCE OF THE EVENT THAT DIRECTLY CAUSED THE LOSS CLAIMED.
FLEXM specifically makes no warranties, representations, or guarantees regarding the time required to complete processing any request provided by you, particularly where the same is dependent on various factors beyond FLEXM ‘s control.
Any dispute between you and any other user(s) of FLEXM FaaS will be exclusively resolved between you and such user. You hereby release FLEXM, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute.
You agree to indemnify and hold FLEXM, its affiliates, employees, directors, representatives, and service providers, and each of its or their respective officers, directors, agents, joint ventures, employees, and representatives harmless from any claim or demand arising out of or related to your:
1) breach of these T&Cs;
2) use of FLEXM FaaS or Services; or
3) violation of any applicable law, rule, regulation, or rights of any third party.
MODIFICATIONS, AMENDMENTS, OR TERMINATION OF THE FLEXM FAAS OR SERVICES
Notwithstanding anything expressly to the contrary in these T&Cs, you acknowledge and agree that FLEXM may, without notice and with immediate effect, suspend or terminate the operation of the FLEXM FaaS or the provision of any part of the Services offered therein in the event that such operation or provision becomes illegal, is subject to demand by any competent authority, or is under any risk or exposure to any claims that are adverse or detrimental to FLEXM FaaS or Services. You further acknowledge and agree that FLEXM reserves the right to modify, suspend, or terminate the provision of any Service or content in whole or in part at any time without notice. You acknowledge and agree that FLEXM may also amend or update these T&Cs at any time at its sole discretion. Such modification, suspension, termination, amendment, or update will be published on FLEXM FaaS or communicated to you and will be deemed to be accepted by you upon the earlier of your next access to FLEXM FaaS or receipt of such communication.
You agree that FLEXM is not liable to you or any third party for any such modification, suspension, termination, amendment, or update, except to the extent otherwise expressly set forth herein. If you do not agree to any such modification, suspension, termination, amendment, or update, please immediately discontinue use and access to FLEXM FaaS and all Services.
You acknowledge and agree that FLEXM makes no representations whatsoever about any other websites or services which you may access through this FLEXM FaaS. FLEXM FaaS may present links or other forms of reference to other websites (the “External Websites”) or resources over which we have no control. You acknowledge that FLEXM does not endorse or make any representations in relation to any of the External Website services or offerings made to you or any content provided therein. We are not responsible for the availability of, and content provided on External Websites. You will be subject to, and are responsible for reviewing, the applicable terms and conditions and policies posted by the External Websites regarding privacy and other topics. We are not responsible for third party content accessible through FLEXM FaaS, including opinions, advice, statements, prices, activities, and advertisements, and you agree to bear all risks associated with the use of such content. You further agree to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
You acknowledge that the all right, title and interest in FLEXM FaaS, Services, logos and trademarks related to our services are owned by us. You may not copy, imitate or use them without our prior written consent. You further acknowledge that these T&Cs do not constitute a sale agreement and do not convey to you any rights of ownership in any intellectual property rights owned by us.
You may not assign any rights or licenses granted under these T&Cs. The right to use your User Account is exclusively for your personal use. We reserve the right to assign our rights without restriction, including, without limitation, to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these T&Cs will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If any provision of these T&Cs is determined to be invalid or unenforceable under any rule, law or regulation, or any governmental agency or supervisory authority, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these T&Cs will not be affected.
Any failure or delay to act on our part with respect to a breach of these T&Cs by you or others does not waive our right to act with respect to such breach or any subsequent or similar breach.
NO DEPOSIT INSURANCE COVERAGE
You acknowledge and agree that FLEXM is not a deposit account and is not covered by the laws on deposit insurance of Singapore.
Without prejudice and in addition to any right to set-off to which we are entitled, we may, upon written notice to you, set off any amounts owing to us by you against any amount which we owe to you, and we are hereby authorized to perform such set-off without your prior consent.
CHANGE OF CONTROL
In the event FLEXM is acquired by or merged with a third-party entity, FLEXM reserves the right, in any of these circumstances, to transfer or assign the information it has collected from you as part of such merger, acquisition, sale, or other change of control.
All provisions of these T&Cs by their nature extend beyond the expiration or termination of these T&Cs including, without limitation, sections pertaining to suspension or termination, debts owed to FLEXM, general use of FLEXM FaaS or Services, disputes with FLEXM, and general provisions.
GOVERNING LAW AND DISPUTES
These T&Cs is governed by and is to be construed in accordance with the laws of the Republic of Singapore.
You further acknowledge and agree that where a dispute between us and you arise out of or in connection with these T&Cs, both parties shall use their best efforts in good faith to mutually negotiate and resolve the dispute, failing which, the parties agree to submit themselves to the exclusive jurisdiction of the courts of Singapore.
FLEXM is not and will not be held liable for delays, interruptions, or failures in the performance of the Services that result directly or indirectly from any cause or condition beyond its reasonable control including, but not limited to, any act of God, epidemics, pandemics, government enforced lock downs, act of civil or military authorities, war, act of terrorists, civil disturbance, strike or other labour dispute, major currency devaluation, fire, interruption in telecommunications or Internet services or network provider services, including cyber-attacks or breaches in cyber security, failure of equipment or software, other catastrophe, or any other occurrence which is beyond FLEXM‘s reasonable control, as well as for any loss or damage sustained in connection with any such cause or condition.
Notwithstanding any other provision under these T&Cs, any translation of these T&Cs, if provided, is provided for your convenience only. These T&Cs is drafted based on definitions and interpretations in the English language. Please note that any translation provided may not accurately represent the information in the original English language, and that the original English version will prevail in the event of any dispute about such differences in translation.
In the event, we are required to contact you, you agree that we may do so via short message service, electronic mail, in-FLEXM FaaS notifications, or push notifications/ pop-ups.
If you have any questions, feedback, or complaints, you may contact FLEXM via our customer service at firstname.lastname@example.org and provide identifying information such as your name, telephone number, unique identification number, and transaction details.
Last updated: May 6th 2020