These General Conditions that the User declares to have carefully examined and approved govern the general terms and conditions of the "Flox" service, an application for smartphones owned exclusively by FLOX pty (LTD) (hereinafter "Manager"), with headquarters in Cape Town BOX 647 Cape Town South Africa

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+27 21 035 1426

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These General Conditions govern the contractual relationship between the User and the Operator with respect to the provision, by the Operator, of the "Flox" service.

In the event of conflict between the content of these General Conditions and that of any other document, agreement and / or agreement, in any form stipulated, the provisions contained in these General Conditions will prevail.

 

For the purposes of these General Conditions, the terms indicated below will have the following meaning:

 

"General contract conditions" (hereinafter the "Agreement"): contractual agreements governing the relationship between the Contracting Party (User) and Flox pty (LTD), concerning the use of the "Flox" service.

"Manager": Flox pty (LTD)

"Participating financial year": commercial activity contracted with the company Flox pty (LTD), already registered for the "Flox" service.

"User": Customer registered with the "Flox" Application and subscriber to the General Conditions stipulated between the Operator and the User himself. The User / Customer is uniquely identified by means of an e-mail address automatically created by the software or voluntarily entered by the User during registration.

"Follow": action through which a User decides to connect to a Member Exercise in order to receive from the latter personalized communications and not of a promotional, informative or different nature through the Flox application.

In order to use the "Flox" service, the User is required to register in advance with the "Flox" Application and to accept these General Terms and Conditions for all services offered by the Manager. For the purposes of usability of Flox, the User is also obliged to accept the Privacy policy, guaranteeing that the personal data provided upon registration to the "Flox" App are true, real, complete and updated.

 

When registering, the User is not obliged to enter any personal data, as better specified in the Privacy Policy. The necessary inclusion of certain personal data is mandatory only to take advantage of certain features of the App.

 

Once you have accepted these General Conditions and the Privacy Policy, you can use the "Flox" App. The right of withdrawal pursuant to art. 1 of this Agreement.

 

This Agreement terminates and replaces any previous contract entered into between the Operator and the User regarding the provision of the "Flox" App.

 

The Manager undertakes to keep this Agreement and the Privacy in the Appropriate section of the "Flox" App. The User will be able to view them at any time.

 

In any case, it is understood that the use of the Service by the User certifies the acceptance of all the contractual conditions and the Privacy Statement.

 

The User is responsible for the truthfulness of the information provided within the "Flox" App and recognizes the right of the Operator to assume all information necessary for the efficient execution of the services of the Application in question.

 

In particular, in the event that there is a change in the data provided at the time of registration, including, by way of example and not exhaustive, the contact details of the same User, it will be the responsibility of the latter to update the relevant data and proceed to each activity necessary to update them.

 

Please refer to the Privacy Policy indicated in the specific section of the "Flox" App for information concerning the processing of personal data.

 

If the activation of the "Flox" service is not possible due to technical impediments not attributable to the Operator or due to the impossibility of making said Services, the Contract eventually concluded will be terminated automatically, without this implying any responsibility of the Manager towards User. In this case, the Operator will promptly notify the User via e-mail.

 

The Manager reserves the right to propose to the User any modifications to the Contract by communication to be sent via e-mail, within the limits and in the manner indicated in the Consumer Code.

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Payment Terms

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1. The agreed price for the use of The Flox App is R 39 600.00 + VAT payment of which is agreed as follows:

 

a) The subscribed business agrees to pay Flox Pty ltd R 39 600+ VAT as follows:

 

• Single payment credit card or bank transfer or

• 3 payments starting from date of activation paid by the 1st of every subsequent month or

• 6 payments starting from date of activation paid by the 1st of every subsequent month

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c) This agreement includes, at no extra charge, assistance for the activation and management of the control panel, business strategy and business mentor, to the value of R 12 564.00 + VAT as well as A web site under the Flox Domain always updated to the value of R 5 336.00 + VAT

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d) Money Back Guarantee which provides for a 100% refund of payments made in the sixth month of effective use as follows:

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The adherent business, which should be dissatisfied with the FLOX service, withdraws from the contract at the end of the sixth month after activation: this withdrawal must take place within 15 days from the end of the sixth month deadline The payment of any subsequent fees constitutes a declared intention to continue the relationship by forfeiting the guarantee.

 

The adherent business is up to date with payments

 

The adherent business has made effective use of the service.

 

This "effective use"  is defined objectively and in particular the adherent business from the moment of activation until the entire warranty period (until the end of the sixth month) must necessarily carry out the following minimum actions:

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1. Enter the logo, cover image and general information of the business

2. See all the video tutorials that explain how to use FLOX to the fullest

3. Send 1 "push message" per week to all your connected customers

4. Update the Shop Front photo once a week

5. Publish 2 coupons per month

6. Have 300 unique users connected at the end of the sixth month (these must be considered as single users, individuals, people with multiple accounts are counted only once.

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The refund of the amount paid will be made within 90

days from the date of withdrawal.

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2. Default

In the event of non payment of any one of the agreed rates above by a maximum of 30 (thirty) days the subscriber will have forfeited any discounts and or special packages reserved at time of signing.

 

The Subscriber will be required to pay a renewal fee of R 397/month paid annually in one amount (R 4764+VAT) for every subsequent year on the anniversary fo the subscription date.

Failing which the service provided will be suspended.

 

Should the subscriber not make the annual payment within 3 (three) months of the anniversary date the above agreement will be considered terminated.

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3. EULA and Privacy Policy are available from our website at https://www.thefloxapp.com/site/privacy-policy/