Terms & Conditions

Flexikids:

TERMS AND CONDITIONS for Providers & Customers

Please note all Terms and Conditions apply to both Providers and Customers utilising Flexikids to either sell and/or buy. By ticking “agree” you agree to all terms and conditions.

Thank you for choosing to be a part of Flexikids (we/us/our). By applying to participate or purchase from our Webmarket/Website you agree to be bound by these Terms and Conditions (Terms).

1. Definitions:

“Application” means the application to create an Account with Flexikids. “We/us/our” refers to Flexikids Webmarket/Website.

“You/Your” refers to You personally and/ or Your company and (if applicable) any staff, contractors, agents or representatives that have been hired to create an Account on our Webmarket/Website to display and sell classes or to purchase/ book classes.

“Provider Page” means a Personal Business Page that you hold at our Webmarket/Website.

“Provider” refers to any person and/or company who has applied for a Provider Page at Flexikids Webmarket/Website under these Terms and has been granted a Provider Page and includes any staff, contractors, agents or representatives that participate on Your Provider Page or Account.

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks (registered or unregistered), designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity.

“Confidential information” means information that is by its nature confidential but does not include information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these terms and conditions.

2. Your Provider application/registration:

You are required to submit anApplication for us to consider you as a potential Provider.

We will assess Your Application for suitability by reference to various criteria, including the level of:

• Ability to meet all legal requirements.

• Presentation and professionalism of Your finished products, services.

• Appropriateness, suitability and viability for selling on our website.

You must be an Australian business and/or resident to apply. We currently do not accept applications from:

• International Providers; or

• Providers that are not providing classes within Australia.

We reserve the right to decline any applications that we deem unsuitable at our sole discretion. You must ensure that the content of Your Application is not misleading or deceptive, defamatory or inaccurate. If we approve Your Application, we will send you an offer to log in to your account on our website and accept the offer as outlined below.

3. Commission and Fees:

When you make a sale (get a booking for one of the classes you listed) through Flexikids, you will be charged a commission fee of 5%. This is calculated from the price you display for each listing excluding any GST if applicable. The commission is deducted from your current balance as each sale occurs, and is reflected in your payment account.

Transaction Fee
Flexikids accepts Credit card through our secure payment gateway. The payment processing fee changes depending on if the card used is domestic or international. These fees are controlled by Stripe, we will do our best to keep you updated in a timely manner if they are updated.

Domestic 1.75% + A$0.30
International 2.9% + A$0.30

4. Cancellation:

All cancellations of you Flexikids account are subject to these terms and conditions as outlined and accepted on your contract.

You can cancel and remove your Provider or Customer account at any time.

5. Once approved what to Upload:

We encourage and assist where possible for You to upload the following items to your Provider Page on the Webmarket which we will not supply to You:

a) Display and promotional materials –

including Professional store Banner, Business Logo, means of contact and information relevant to your classes.

All materials comply with the Terms.

We reserve the right to direct any Providers to remove materials or otherwise be refused an account.

6. What to Have to ensure operation:

a) Your own Bank account and Stripe Account.

b) Provider booking and cancellation policies.

d) All required items/services as advertised to be able to provide the class booked to the Customer.

7. Payments and Pricing:

All prices displayed on Flexikids and entered by each Provider are Inclusive of GST please bare this in mind when entering RRP’s. It is the sole responsibility of the Provider to account for and collect GST if required by law.

8. Membership/Account:

Provider Page space is rented on a Right of Admission basis only. Further, the act of renting a Provider Page does not create any form of tenancy or secure a right or licence to hold a Provider Page on our Website in the future. This means that if You are successful in obtaining a Provider Page in Your application, You are not guaranteed a Provider Page at any and all future dates.

9. Non-transferrable:

The right to hold a Flexikids Webmarket Provider Page must not be transferred, sold, assigned or sublet to any other person or company without our prior written consent. In the event that we consent to Your rights to hold a Provider Page that can be transferred, sold, assigned, sublet or otherwise to any other party, You warrant that the party who is receiving these rights must agree to be bound by these Terms and You agree to assist Flexikids in procuring such an agreement if required.

10. Collaborations or joint ventures:

You are not allowed to share a Provider Page with another business.

Flexikids may accept a collaboration of two or more Providers. You will need to have a unique name for the collaboration Provider Page and the Provider Page will need to be presented as a whole rather than two businesses in a shared Provider Page.

If You are accepted to have a collaboration Provider Page, each of You will be jointly and severally liable for Your obligations under these terms and conditions.

11. Behaviour within and on the Webmarket:

Provider Page holders, Visitors and Customers of Flexikids Website, must be treated with courtesy at all times and in accordance with fair trading practice. Provider Page holders must not insult or intimidate anyone including other Provider Page holders, customers, visitors and staff. Failure to comply may result in the immediate cancellation of Provider Page or Customer account. You must not engage in any conduct which is disruptive or inconsistent with the purpose of Flexikids.

12. Appearance of Your Provider Page:

You must keep Your Provider page presentable at all times in order to maintain the high standard of branding imagery we impose at Flexikids Webmarket and only use the Provider Page for the purposes of Flexikids Webmarket/Website and classes must be displayed in a manner that does not interfere with those of other Providers.

13. Responsibility for damage:

You warrant that You are liable to pay for and indemnify us against:

• Any damage caused by You, Your staff or Your representatives to Your allocated Provider Page.

• Any damage or injury caused due to a Provider product or service not complying with any laws, regulations and standards or malfunctioning or not being fit for its purpose.

You agree that You have no right to claim any compensation against us for any loss or damage that You may suffer howsoever arising from Your involvement with our Webmarket/Website.

14. Products and Services sold:

We reserve the right to remove any or all photos or classes. If you have additional products or services, you would like to bring to Flexikids Webmarket/Website that differ from the ones you applied with, please seek prior approval with us. We may, in our sole discretion approve or refuse any products or services.

15. Warranty:

You warrant that all products and/or services sold from Your Provider Page and (where applicable) related promotional materials:

a) Comply with relevant safety laws and regulations, including but not limited to, occupational health and safety laws and any guidelines, rules and regulations which are specific to the State in which you operate, and which may change from time to time and in any event.

b) Do not infringe any third-party rights including Intellectual Property Rights; and

c) Do not contain material, which is abusive, defamatory, hateful, discriminatory, Obscene, vulgar, racist, sexist, offensive, misleading or deceptive or is otherwise unlawful in any manner; and

d) Comply with any law and regulations in relation to working with Children. Further, you are responsible for obtaining any relevant permits, certificates or other qualifications to operate Your Provider Page and sell products/classes; and

F) Do not contain any Unsolicited advertising or promotions.

16. Managing Provider Pages:

Provider Pages must be Set up, Monitored and run at the responsibility of the Account holder.

All account holders will be required to select appropriate Category tags for their Products or services in advance, these may be amended at our sole discretion. However, if You have a special requirement for a particular Category or Subcategory, please let us know and we will utilise our best endeavours to take that into account.

We take a number of factors into consideration when allocating categories including the types of products and/or services that You will be selling and special requests that you have for either practical or technical reasons.

17. Webmarket closure by Flexikids:

We usually continue to trade 24 hours a day every day of the year. However, in the event of dangerous cyber activity or attack or overloaded server or extreme conditions we reserve the right to take the Webmarket/Website offline for a period to correct the issues. We also reserve the right at our sole discretion, to take the Webmarket/Website offline in the event of unforeseen issues which prevent the Webmarket/Website from operating safely & securely. Such an event may include a cyber-attack, malware, viruses, fire, major accident or damage to the server locations, Upgrades or maintenance. You agree that we will not be held responsible for any loss, damage or injury arising from temporary closure or any other cancellation factors that are not within our control.

18. Risk

You understand and agree that it is Your responsibility to take all due care and diligence to prevent, hacking, cyber-attacks, injury and property damage to You or any other third party including, but not limited to, visitors to Flexikids Webmarket/Website.

19. Insurance:

Product Liability and/or Personal Indemnity Insurance is compulsory for all Personal Business Page holders. This insurance protects You and Your business/products/services against the financial risk of being found liable to a third party for injury and loss or damage of property.

We recommend that Your insurance should cover for all risks in relation to product liability, personal indemnity, property, theft, employer liability and personal accident to staff or anyone else within the Webmarket, losses and wasted expenditure in the event of any particular Flexikids Webmarket being cancelled, offline or curtailed. This list is not exhaustive.

You agree to provide us with a copy of your certificate of currency, or proof of necessary insurances, if requested for our records prior to commencement of the Webmarket. If you do not provide us with a copy of your certificate of currency or proof of necessary insurances, prior to commencement of the Webmarket, we may, in our sole discretion:

a) Refuse to allow you to Sell at your Provider Page

20. Understanding Flexikids’s Limitations as a Webmarket/Website:

Flexikids provides a Webmarket/Website for buyers to discover and book classes from Providers. It is important to note that Flexikids is not a part of that transaction. By booking through Flexikids, you understand that:

a. You are not buying directly from Flexikids, but from one of the Providers on Flexikids.

b. Flexikids does endeavour to pre-screen Providers within our capabilities however we cannot guarantee or endorse any classes sold on Flexikids or any content posted by Providers (such as photographs or language used in listings or policies).

Each Provider on Flexikids has their own processing times and policies.

As a member of the Flexikids community, you have the opportunity to flag a class or a Provider that violates any of Flexikids’s policies. Flagging is confidential.

21. Limitation of liability:

You agree that we are not liable for any direct, indirect or consequential damage, loss or harm suffered by You, Your agents or Your representatives that may result from Your participation in our Website. This includes physical, psychological and economic harm.

We are not responsible for any claims, actions, demands or suits that You may face as a result of Your conduct.

You agree to indemnify us (and our agents, contractors and employees) against any cost, expenses, loss, damage or harm suffered by us resulting from any claims, actions, demands or suits that may be made against us as a result of Your conduct including but not limited to any third-party allegations of infringement of Intellectual Property Rights against You by any third party and public liability claims relating to Your Provider Page.

22. Further Warranties and Limitation of Liability:

You understand that Flexikids does not inspect or trial any of the classes sold through our Services. We provide the venue/platform; the classes in our Webmarket/website are produced, listed, and sold directly by independent Providers, Flexikids cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item or service you purchase must be brought directly against the Provider of the item or service. You will release Flexikids from any claims related to classes sold through our Services, including for misrepresentations by Providers, or items or services that caused physical injury (like product liability claims or professional indemnity claims).

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Flexikids is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to social media or Provider Websites). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Flexikids is not a party to those agreements; they are solely between you and the third party.

“Warranties. Flexikids is dedicated to making our services the best possible, but in some instances errors or fault may occur. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that:

the services will be secure or available at any particular time or location.
any defects or errors will be corrected.
the services will be free of viruses or other harmful materials; or
the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits. To the fullest extent permitted by law, neither Flexikids, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms.

23. Flexikids Web marketing activities:

In the course of Web marketing and promoting The Flexikids Webmarket/Website, we may wish to reproduce or refer to images of You, Your brand, Your Provider Page or Your products. In this event, we may ask You to provide us with various materials for the promotion of Your business including images of Your trademarks, photographs of Your goods and the like (Content). By supplying us with the Content, you grant us a non-exclusive, royalty free licence to use the Content for the agreed purpose and warrant that the Content does not include or infringe any third-party Intellectual Property Rights.

24. Remedies:

If You breach any of these Terms, we reserve the right to cancel Your Account, require You to pay the cost of our actions and remove You from the Flexikids Webmarket/Website.

You agree to indemnify us against any costs we incur arising from Your breach. You further agree that if You breach these Terms, You forfeit the right to any rebates, refunds or compensation arising from, amongst other things: cancellation of Provider Page, alteration of Your Provider Page set up.

25. Dispute resolution procedure:

We do not directly get involved with any disputes between Providers, Customers or a combination of the two, including disputes relating to the Intellectual Property Rights of others (Dispute). By participating on the Website, You agree that the details of any such Disputes shall be Confidential Information for the Webmarket/Website (with the exception of You seeking legal advice). Further, you must endeavour to resolve any disputes through Your own independent means with the other party, whether that be a Provider or otherwise. To avoid any disruptions to the Webmarket/Website, if any disputes with other Providers arise, we ask that You deal with these matters outside Webmarket/Website confines. In the event of any disruption or if any Providers become verbally abusive to others and the circumstances are not immediately rectified after notice has been given, we reserve the right to require You to cancel Account and leave the Webmarket/Website. We are committed to encouraging creative endeavour and original products and safeguarding Intellectual Property Rights. Should a dispute arise relating to classes sold (or related Web marketing material), while we will not adjudicate in relation to that dispute, we reserve the right to request that a Provider removes the classes which are in dispute from display and not offer the classes for the remainder of the Webmarket/Website future.

26. Communicating with Flexikids Providers:

You can use Flexikids’s platform to communicate directly with Providers or other Flexikids members. You may ask Providers any questions you have about a class or booking. Communication may not be used for the following activities:

Sending unsolicited advertising or promotions, requests for donations or spam.
Harassing or abusing another member or otherwise violating our Anti-Discrimination Policy.
Contacting someone after they have explicitly asked you not to.
Interfering with a transaction or the business of another member; or
Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Flexikids, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.

27. Interference:

Interference occurs when a member intentionally interferes with another member’s page in order to drive away their business. Interference is strictly prohibited on Flexikids. Examples of interference include:

Contacting another member via Flexikids to warn them away from a particular member, class or item.
Posting in public areas to demonstrate or discuss a dispute with another member.
Purchasing from a Provider for the sole purpose of leaving a negative review.
Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as ‘click fraud’.

28. Harassment:

Any use of Flexikids platform to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.

29. Booking a class on Flexikids:

When you book a class from a Provider on Flexikids, you’re directly supporting that business, each with its unique listings, policies, processing times and payment systems. By making a purchase from a Provider on Flexikids, you agree that you have:

Read the class description and policies before making a booking.
Submitted appropriate payment for item(s) purchased; and
Provided accurate personal information to the Provider.

You also agree to comply with our Flexikids Payments Policy when you use Flexikids Payments, and our Flexikids Gift Card, Credits & Coupons Policy when you purchase or redeem Flexikids Gift Cards, Flexikids Credits or Flexikids Coupons. You acknowledge that Flexikids does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

For the safety of our community, and to avoid scams and fraud, all transactions must take place through the Flexikids checkout system, and only transactions that take place through the Flexikids checkout system are eligible for our case system.

It is absolutely prohibited and not in the spirit of support and community to share contact information for the purposes of evading the checkout system on Flexikids.

30. Creating and Uploading Content:

As a member of Flexikids, you have the opportunity to create and upload a variety of content, like Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:

Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination and Hate Speech Policy.
Graphic, obscene, or vulgar.
In violation of someone else’s privacy or intellectual property rights.
False, deceptive, or misleading.

31. Reporting a Problem with an Order or Returning an Item:

Flexikids’s Case System

Although Flexikids is not directly involved in a transaction between a buyer and a provider, we provide a case system in the unlikely event that your order does not go as expected. By using Flexikids’s case system, you understand that Flexikids may use your personal information for the purpose of resolving disputes with other members. You can use Flexikids’s case system to come to a resolution with the Provider in the event of a non-delivery or if a class you purchased was not as described in the listing. If you choose a refund as your preferred resolution, keep in mind that Flexikids only allows on-platform refunds for a period of 180 days post-transaction. After this 180 window has elapsed, Flexikids can’t support on-platform refunds for your order. However, you may still communicate directly with the Provider to come to an off-platform resolution. Refunds issued by Flexikids will be in your original form of payment, and if such payment is not available, a Flexikids credit will be issued.

Non-Delivery

A non-delivery occurs when a buyer places books a class and the Provider is unable to proceed with the booking. The following are examples of non-delivery cases:

A class was cancelled by the Provider
The Provider would not allow the purchaser to complete the class.

Not as Described

A class is not as described if the buyer can demonstrate that it is significantly different from the Provider’s listing description. Here are a few examples of not as described cases:

The activity was not as described.
The class was advertised as one way and delivered differently.

If Flexikids determines that an item is not as described, the Provider will be required to refund the order. In the event that Flexikids needs to refund.

You agree to be solely responsible for any theft or damage to any Products, Edibles Service Equipment or other items that may arise during transit or at any time during a booking.

Ineligible Transactions

Some disputes don’t qualify for Flexikids’s Return or Exchange. These include:

Classes that are accurately described but don’t meet a buyer’s expectations.
Classes that are purchased in person.
Classes prohibited from sale on Flexikids, including services and intangible goods.
Transactions where payment is not made via Flexikids’s checkout system.

32. Requesting a cancellation:

Only Provider’s may cancel transactions. Buyers may request that a Provider cancel. Note that all cancellations must comply with our Anti-Discrimination Policy.

33. Termination by You:

You may terminate your account with Flexikids at any time from your account settings. Terminating your account will affect the availability of Your Content that you posted through the Services prior to termination. All bookings made before the Account termination must still be honoured for the purchaser. All outstanding payments will need to be settled prior to termination.

34. Termination by Flexikids:

We may terminate or suspend your account (and any accounts Flexikids determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Flexikids will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms, or we have legal or regulatory reasons preventing us from notifying you.

If you or Flexikids terminate your account, you may lose any information associated with your account, including Your Content.

Flexikids reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Flexikids’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

These Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

35. Disputes with Other Providers or Customers:

If you find yourself in a dispute with another user of Flexikids’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

In any case of an escalation Flexikids will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Flexikids has no obligation to resolve any disputes.

36. Release of Flexikids:

You release Flexikids from any claims, demands, and damages arising out of disputes with other users or parties.

37. Disputes with Flexikids:

Please contact us if you have any questions or concerns, these terms laid out will govern any legal dispute involving our services.

38. Arbitration.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Flexikids are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

39. General

a) Interpretation

In these Terms:

Headings are for convenience only and do not affect interpretation.
Defined terms have the meaning ascribed to them.
A word denoting the singular number includes the plural number and vice versa.

b) Relationship of the parties Flexikids and Providers are independent contracting parties, and nothing in in these Terms will make either party the employee, partner, agent or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.

c) Assignment

The rights and obligations arising under these Terms are personal to the Provider. The Provider must not assign, license, sub-license or transfer all or any part of the Providers rights and obligations under these Terms without the prior written consent of Flexikids

d) No implied waiver

The failure of Flexikids to require performance by You of any obligation arising under these Terms will in no way affect the right of Flexikids to require such performance at any later time. If Flexikids waives a breach by You of any obligation arising under these terms, such waiver will not constitute a waiver of any later breach of the same or any other obligation under these Terms.

e) Severability

If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be severed from these Terms and the remaining Terms will remain in full force and effect.

f) Entire agreement

These Terms constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written representations and agreements and the parties expressly agree that neither has relied on pre-contractual conduct or representations of the other party in entering into these Terms.

g) Variation

No alteration, modification, change or variation of any of these Terms will be binding upon either party unless in writing and signed by a duly authorised representative of each party.

h) The parties agree that these Terms are governed by the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of that State.

Contact details: If you have any questions about the Terms, please email us at hello@flexikids.com.au