FlexDealz Terms of Service

(updated May 24, 2017)

Welcome, and thank you for your interest in FlexDealz Inc. (“FlexDealz”, “we,” “us,” or “our”) and our Web site at FlexDealz.com (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Service is displayed (collectively, together with the Site, our “Service”).

All references to “you” in these Terms of Service refer to the user of this Service, including but not limited to consumers and Vendors (defined below).

These Terms of Use are a legally binding contract between you and FlexDealz regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT THE TERMS,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE FlexDealz PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then please do not use the Service.

FlexDealz Service Overview. The Service allows you to register and pay for last-minute fitness classes, spas, salon appointments as well as other services to occur within 48 hours (“Events”) offered by third party studios and other companies (“Vendors”) on the Service. If you register and pay for an Event on the Service, we will send a booking receipt to the email address you provide. Give the booking receipt to the applicable Vendor to attend the Event, subject to the Vendor’s rules for Events (“Rules”). You must comply with the Vendor’s Rules. Each Vendor’s Rules are set forth and reside with the Vendor. If you do not bring your booking receipt, hardcopy or e-mail confirmation you may not be able to enter the Event. A Vendor may require you to sign additional agreements before you may enter an Event, including waivers of liability, and any agreements you execute with a Vendor are solely between you and the Vendor. FlexDealz is not responsible for any dispute between you and a Vendor and FlexDealz makes no representations or guarantees regarding the quality or safety of Events, the experience or training of Vendors or other Event service providers, or the accuracy of any information Vendors post about Events. If you have any problems with the Service, please contact us for support at info@FlexDealz.com. If you have a problem with an Event, you agree to seek primary resolution from the Vendor. Barring a successful resolution with the Vendor, you may forward details of the issue to info@flexdealz.com where a FlexDealz representative will seek a solution and record the outcome. Repeat issues with consumers or Vendors may result in expulsion of either party or both from the platform, at the sole discretion of Flexdealz.


1. Eligibility

You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.


2. Accounts and Registration

To register and pay for Events, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@FlexDealz.com.


3. Payment

You must pay the applicable fees to register for Events. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in Canadian Dollars and are non-refundable. FlexDealz may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going-forward basis at any time. FlexDealz or its third party payment processors will charge the payment method you specify at the time of purchase. You authorize FlexDealz and its third party payment processors to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, FlexDealz and its third party processors may seek pre- authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. All sales on the Service are final and all fees are non-refundable except fees for an Event that (i) is cancelled and not rescheduled by a Vendor or (ii) materially does not comply with the description or specifications set forth by the Vendor, or by FlexDealz on the Vendor’s behalf (both (i) and (ii), “Refund Causes”). If your Event has a Refund Cause, notify us at info@FlexDealz.com within 5 days of the Refund Cause. The refund request will be investigated to determine if the cause warrants a refund. If the cause is deemed refundable in Flexdealz’s sole opinion, FlexDealz will refund the amount you paid to FlexDealz or its payments processors for that Event.


4. Vendor Content Disclaimer

Certain features of the Service may permit Vendors to post content, including photographs, text, information regarding Events, and other types of works (collectively, “Vendor Content”). We are under no obligation to edit or control Vendor Content that Vendors post or publish, and will not be in any way responsible or liable for Vendor Content. FlexDealz may, however, at any time and without prior notice, screen, remove, edit, or block any Vendor Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to Vendor Content and content posted on the Service by FlexDealz on Vendors’ behalf (collectively, “Content”) from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FlexDealz with respect to Content. We expressly disclaim any and all liability in connection with Content. If notified by a user or Content owner that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice. For clarity, FlexDealz does not permit copyright-infringing activities on the Service.


5. Notice of Infringement

  1. Notification. If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address: FlexDealz Inc. E-mail: info@FlexDealz.com

    Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    2. a description of the copyrighted work or other intellectual property that your claim has been infringed;
    3. a description of the material that you claim is infringing and where it is located on the Service;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
    6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  2. Repeat Infringers. FlexDealz will promptly terminate without notice the accounts of Vendors that are determined by FlexDealz to be “repeat infringers." A repeat infringer is a Vendor who has been notified of infringing activity more than twice and/or has had Vendor Content removed from the Service more than twice.


6. Prohibited Conduct.

BY USING THE SERVICE YOU AGREE NOT TO:

  1. use the Service for any illegal purpose, or in violation of any local, provincial, federal, or international law;
  2. Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
  3. Post, upload, or distribute (i) any content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate, (ii) any medical or health information, or (iii) other information that may be deemed Personal Health Information under applicable law;
  4. Interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
  5. Interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  6. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
  7. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 12 below) or any right or ability to view, access, or use any Materials; or
  8. attempt to do any of the foregoing in this Section 7, or assist or permit any persons in engaging in any of the activities described in this Section 7.

7. Third-Party Services and Linked Websites.

FlexDealz may provide tools through the Service that enable you to export information, including Vendor Content, to third party services, including through features that allow you to link your account on FlexDealz with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.


8. Termination of Use; Discontinuation and Modification of the Service.

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, FlexDealz, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by clicking the “delete account” button on your account settings page or, if no such functionality is available, contacting customer service at info@FlexDealz.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to Events for which you registered on the Service prior to termination.


9. Privacy Policy; Additional Terms

  1. Privacy Policy. Please read the FlexDealz Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The FlexDealz Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
  2. Protected Health Information. FlexDealz is not a health care provider or acting on behalf of any health care provider. Any information you provide is at own risk and not subject to protections afforded to Personal Health Information under applicable law but will be treated in accordance with the FlexDealz Privacy Policy.
  3. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 11 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

10. Modification of these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified Terms. Minor modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.


11. Ownership; Proprietary Rights.

The Service is owned and operated by FlexDealz. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by FlexDealz are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of FlexDealz or our third-party licensors. Except as expressly authorized by FlexDealz, you may not make use of the Materials. FlexDealz reserves all rights to the Materials not granted expressly in these Terms.


12. Indemnity.

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless FlexDealz and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "FlexDealz Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third- party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.


13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FLEXDEALZ ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SERVICES FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE FLEXDEALZ ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FLEXDEALZ ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR FITNESS ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING FITNESS, NUTRITION, OR ANY MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE FLEXDEALZ SITE.

FLEXDEALZ DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, SERVICES, FITNESS ROUTINES, EXERCISESES, DIETS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY FLEXDEALZ, FLEXDEALZ EMPLOYEES, OR VENDORS IS SOLELY AT YOUR OWN RISK.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


14. Limitation of Liability

IN NO EVENT WILL THE FLEXDEALZ ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE FLEXDEALZ ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE FLEXDEALZ ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO FLEXDEALZ FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (II) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


15. Governing Law.

These Terms shall be governed by the laws of Ontario, Canada without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and FlexDealz agree to submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located within Ontario, Canada for the purpose of litigating all such disputes. We operate the Service from our offices in Kingston, Ontario Canada, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.


16. General.

These Terms, together with the FlexDealz Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and FlexDealz regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4, and 6 through 19.


17. Dispute Resolution

  1. Exclusive Jurisdiction. The parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
  2. Notice; Process. In the event of any dispute, the complaining party must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or FlexDealz may commence a proceeding in accordance with Section 16.
  3. No Class Actions. YOU AND FLEXDEALZ CORPORATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FlexDealz agree otherwise, a court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  4. Modifications. In the event that FlexDealz makes any future change to this dispute resolution provision (other than a change to FlexDealz address for Notice), you may reject any such change by sending us written notice within 30 days of the change to FlexDealz address for Notice, in which case your account with FlexDealz shall be immediately terminated and this dispute resolution provision, as in effect immediately prior to the amendments you reject shall survive.

18. Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic communications from us as further described in the FlexDealz Privacy Policy. Please read the FlexDealz Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


19. Contact Information.

The services hereunder are offered by FlexDealz Corporation. You may contact us by sending correspondence to the foregoing address or by emailing us at info@FlexDealz.com. If you are a Canadian resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.


20. ADDITIONAL TERMS FOR VENDORS

  1. Vendors are solely responsible for accurately describing and delivering the Events posted on the platform, and shall indemnify and save harmless Flexdealz in accordance with these Terms of Service.
  2. Events posted for a price of less than $10.00 will default at $10.00. For Event prices posted over $10.01, the standard brokerage fees apply.
  3. Vendors agree that FlexDealz has the right to amend fees for the Service and Terms of Service without notice. Minor amendments shall in force immediately, and material amendments shall be in force upon notice. Posting to the Flexdealz platform shall be deemed to be notice.
  4. Vendors shall not post Events for FREE.
  5. Vendors agree to provide the primary resolution for consumer issues. Barring a successful resolution, issues can be forwarded to info@flexdealz.com where a FlexDealz representative will provide a solution and record the outcome. Repeat issues with consumers or Vendors may result in expulsion of either party or both from the platform, at the sole discretion of Flexdealz.
  6. Vendors agree that FlexDealz reserves the right to suspend use of the platform for any Vendor at any time without notice or cause.