Flextech.io Pte. Ltd. (“Flex Rewards” "we" or “us” or “our”) owns and operates the Flex Rewards merchant website https://portal.flexrewards.io (the “Portal”), which is used to create rewards and campaigns for distribution to consumers on the Flex Rewards app available from the Apple Store and the Play Store (the "App").
1. About the Portal
The Portal is a platform through which you will create and launch promotions and offers that will be delivered electronically to our App users (“App Users”). Our services are delivered to you through the Portal (“Services”).
2. Ownership of the Portal
3. Use of the Portal
As a condition of your use of the Portal, you represent, warrant and agree that:
• You are duly incorporated and in good-standing in the country or state of incorporation;
• You possess all requisite licenses, permissions and approvals to conduct your business, and provide your products or services in the territories in which you intend to launch Campaigns;
• You are able to create binding legal obligations;
• You are not barred from selling your products or services under applicable law;
• You will not attempt to use the Portal with crawlers, robots, data mining, or extraction tools or any other functionality;
• You will only make legitimate sales that comply with the letter and spirit of the terms of the respective offers described in your Campaigns;
• You will only make offers through the Portal on your own behalf and not on behalf of any third party;
• You have the right to provide any and all information you submit on the Portal, and all such information is accurate, true, current, and complete.
4. Access to the Portal
Flex Rewards retains the right, at our sole discretion, to deny service or use of the Portal or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Portal and your account accessible, the Portal and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Portal access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
5. Modification to These Terms
6. Your Account
You may only create and hold one account on the Portal for your corporate use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your account information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that Flex Rewards shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Portal or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
7. Your Obligations to Our App Users
(a) Subject to the express terms and conditions described in ‘The Fine Print’ (see below), you hereby agree to unconditionally and irrevocably deliver to any App User, the benefit of any promotion, deal, discount or other promotion whatsoever described in any reward card (the “Deal”) that you create and launch through the Portal.
(b) You must not use false, misleading or exaggerated language or claims to describe any Deal or any product or service in a reward card.
(c) Once a reward card has been launched in a Campaign, the terms of the Deal as written are unchangeable and irrevocable until the due expiry of the reward. Under no circumstances will Flex Rewards have any obligation to amend or modify any Deal once a Campaign has been launched. You are solely responsible for any errors, omissions or oversight made in the creation of any Deal or Campaign.
(e) You understand and agree that any Deal presented in a Campaign constitutes a legally binding obligation between you and our App users, and that you are legally obligated to satisfy your obligations of the Deal upon presentation of a valid reward card to you or your representatives by any of our App users.
(f) You must not upload images or content that is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
(g) You hereby warrant the merchantability and fitness of all products and services advertised or offered for sale in any Deal. You are solely responsible for delivering your product, goods or service as advertised. Under no circumstances will Flex Rewards be responsible.
(h) Any data or reports that we may generate are for your use only, and may not be copied, reproduced or disseminated to any third party without our express permission in writing.
8. Your Deal Terms
You must expressly describe the terms and conditions of any Deal in the section “The Fine Print”. Terms described in this section together with the description of the Deal, will constitute the entire agreement between you and our App Users regarding your obligations to deliver and fulfill the terms of the Deal. You may not include terms that would allow you to cancel, modify, or refuse to honor any Deal while is live and has not yet expired.
9. Prohibited Activities and Businesses
You may not use our Portal to promote, advertise, or otherwise offer Deals directly or indirectly relating to the activities that (collectively the “Prohibited Activities”):
(i) violate any law, statute, ordinance or regulation.
(ii) relate to transactions involving:
(a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
(b) drug paraphernalia;
(c) cigarettes or e-cigarette machines;
(d) items that encourage, promote, facilitate or instruct others to engage in illegal activity;
(e) stolen goods including digital and virtual goods;
(f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime;
(g) items that are considered obscene;
(h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
(i) certain sexually oriented materials or services;
(j) ammunition, firearms, or certain firearm parts or accessories;
(k) certain weapons or knives regulated under applicable law; or
(l) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes; or
(m) collecting donations as a charity or non-profit organization;
(n) dealing in jewels, precious metals and stones;
(o) acting as a money transmitter or selling stored value cards;
(p) selling stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property; or
(q) providing escrow services.
(iii) relate to transactions that:
(a) show the personal information of third parties in violation of applicable law
(b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs
(c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card
(d) are for the sale of certain items before the seller has control or possession of the item
(e) are by payment processors to collect payments on behalf of merchants
(f) are associated with the sale of traveler's checks or money orders
(g) involve currency exchanges or check cashing businesses
(h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or
(i) involve offering or receiving payments for the purpose of bribery or corruption.
(j) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
Our pricing and payment terms will be communicated to you via a Flex Rewards sales representative, and subject to change at any time. If you agree to a subscription price or price for any added-value service, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
(b) Upgrades, Downgrades, and Changes
We will immediately bill you upon expiry of any free trial period.
If you change from a monthly billing plan to a yearly billing plan, Flex Rewards will bill you for a full year at the next monthly billing date.
If you upgrade to a higher level of service or choose to purchase any added-value services (“AVS”), we will bill you for the upgraded plan or AVS immediately.
If you choose to downgrade your Account or remove any AVS, you may lose access to Content, features, or capacity of your Account.
(c) Billing Schedule; No Refunds
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period.
In order to treat everyone equally, no exceptions will be made.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Flex Rewards.
(e) Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Flex Rewards any charge incurred in connection with your use of the Service. If you dispute the matter, contact Flex Rewards Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
11. Cancellation and Termination
(a) Account Cancellation
It is your responsibility to properly cancel your Account with Flex Rewards. You can cancel your Account at any time by contacting a Flex Rewards representative via phone or email.
(b) Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your account and the Content within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
(c) Flex Rewards May Amend or Terminate
Flex Rewards has the right to: (a) suspend or terminate your access to all or any part of the Portal at any time, with or without cause, with or without notice, effective immediately; and (b) to amend any Content you have created or uploaded via our Portal at any time, with or without cause, with or without notice, effective immediately. Flex Rewards reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Communications with Flex Rewards
(a) Electronic Communication Required
(b) Legal Notice to Flex Rewards Must Be in Writing
Communications made through email or Flex Rewards support's messaging system will not constitute legal notice to Flex Rewards or any of its officers, employees, agents or representatives in any situation where notice to Flex Rewards is required by contract or any law or regulation. Legal notice to Flex Rewards must be in writing and served on Flex Rewards’ legal agent.
(c) No Phone Support
Flex Rewards only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
13. Your Privacy
14. Special Programs
15. Copyright and Trademarks
The Portal contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Portal are protected by copyright, trademark, and other intellectual property laws of the United States, the People’s Republic of China, the European Union, the United Kingdom and Singapore. Flex Rewards owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Flex Rewards or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Flex Rewards owns trademarks, registered and unregistered, in many countries and "FLEX REWARDS," the Flex Rewards logos and variations thereof found on the Portal are trademarks owned by Flex Rewards or its related entities and all use of these marks inures to the benefit of Flex Rewards. “FLEX REWARDS” is a trademark registered in the following countries: the United States, the People’s Republic of China, the European Union, the United Kingdom and Singapore.
Other marks on the site not owned by Flex Rewards may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Flex Rewards unless otherwise stated, or may be the property of their respective owners. You may not use Flex Rewards’ name, logos, trademarks or brands, or trademarks or brands of others on the Portal without Flex Rewards’ express permission.
16. Disclaimer of Warranties
Flex Rewards provides the Portal and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Portal and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Flex Rewards does not warrant that the Portal or Service will meet your requirements; that the Portal or Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Portal or Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Portal or Service will be available at any particular time or location; or that the Portal or Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Portal or Service.
17. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
You are solely responsible for your interactions with our App users in relation to the fulfillment of the terms of any Deal. If you have a dispute with one or more App Users, you agree to release Flex Rewards from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
20. Force Majeure
22. Entire Agreement
23. Choice of Law
Flex Rewards and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.
24. Dispute Resolution/Arbitration Agreement
You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you and Flex Rewards agree that any Dispute may only be instituted in the Republic of Singapore; (ii) you and Flex Rewards irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Flex Rewards agree to waive any right to a trial by jury. You and Flex Rewards agree that the laws of Singapore, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Portal, and/or any illegal or intentional act against your interests or the general business interests of Flex Rewards.
(e) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 24(b) above is ruled to be unenforceable, then Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.
25. Additional Disclosures
You are contracting with Flextech.io Pte. Ltd. Correspondence should be directed to: firstname.lastname@example.org