All references to FLEXACTIVE (Pty) Ltd (FLEX) on the web site shall mean FLEXACTIVE (Pty) Ltd. Company registration number: 2011/004783/07.
All usage of this website including all web and application pages and information, data, text, software, images, sounds or other materials contained herein shall be subject to these Terms and Conditions. By using the FLEX web site, the user/s, agree to be unconditionally bound by and comply with these Terms and Conditions. Your use of or purchase of any products or services confirms your acceptance of these Terms and Conditions and is subject to your continued compliance with these Terms and Conditions.
FLEX reserves the right to amend these Terms and Conditions as well as the information on the web site at any time and without notice.
These Terms and Conditions shall be the sole record of agreement between FLEX and the user for the use of the web site and all information recorded therein.
COPYRIGHT
FLEX takes reasonable care to confirm that all information stemming from the web site is current, accurate and complete. All material and information supplied on the web site:
(i) is subject to copyright owned by FLEX or licensed by third parties.
(ii) may not be reproduced or stored for any reason whatsoever except that of/for general information purposes
and should in no way be relied upon for reference or as legal advice given by FLEX.
TRADEMARKS AND LOGO’S
All trademarks, Logo’s and trade names of FLEX utilised in/on the web site are trademarked logo’s or registered trademarks of FLEX and may not be replicated, copied or used in any form or manner by any user or third party without prior express written consent from FLEX.
MODIFICATIONS (OF ANY TYPE) TO/ON THE WEB SITE
We reserve the right to alter, enhance, add to, modify or discontinue the web site, or any portion thereof or Terms and Conditions at our sole discretion and at any time. Any and all changes will be effective immediately upon notice, which may be displayed on the site or sent via an e-mail confirmation. Your use of the web site will be deemed acceptance of such changes.
CUSTOMER GUARANTEE
FLEX guarantees the quality of its products and certifies that the products manufactured for and/or by FLEX meet our high standards we set for ourselves. We are confident that you will find our garment and other product ranges very satisfactory in every way. Should you not be satisfied with a product directly purchased from us, you may request a refund or an exchange within seven (7) days from the date you received our product. Please refer to our Returns Policy for detailed instructions. This guarantee does not apply to any product which has been intentionally damaged or misused in any way by the user or their client.
SPECIALS, PROMOTIONS AND COMBO OFFERS
We run special and promotions product offerings from time to time. All these are exclusive only to our registered clients. Every special or promotion offering has a unique code and the applicable discount or reduced price will be linked thereto and shown in the relevant section on the web site. Please make sure you have the correct special or promotional code reflecting on your order before you complete the order. We cannot be held responsible if you have selected another code in error.
CUSTOMISED PRODUCT RETURNS
We do not accept any returns where the products have been customized to your specifications and/or requirements and branding and are pre-inspected to ensure they are in excellent condition prior to dispatch. Sometimes it may occur that you need to return an item as the fault mat be with Flex then please e-mail us on info@flexclothing.co.za or via the contact us section on our web site. We will revert to you in writing in due course.
Should any products be returned we recommend you pack them securely and insure them with the courier company, or separate insurer, as all return costs/losses are for the clients account unless prior written approval has been obtained from Flex management. We operate within the Republic of South Africa and no shipments or returns will be made to or from locations outside the Republics borders.
WEB SITE USAGE CONDUCT
When utilising our web site as a user, registered or not, or any user without limitation, you are responsible for the content you forward to us.
You may not conduct any unlawful activity, misrepresent your identity, or input false information personal or otherwise, modify, alter, remove, adjust, delete, add, adapt, link, host, unlink, translate, sell, “frame”, “mirror” or “deep link” to, from or on our web site at any time.
USE OF E-MAIL ADDRESSES
We have provided e-mail addresses for you to utilise when conducting normal business communications. You may not use these e-mail addresses for any fraudulent, falsifying, forging, unlawful, prohibited, abusive, defamatory, vulgar, obscene, hateful, racial or other type of communication which infringes upon an individual’s rights, constitutional, personal or otherwise.
RESTRICTIONS OF USE
You may not copy, modify, alter, distribute, post, transmit, reproduce, republish, or upload any information from the web site for any purpose whatsoever without our prior written consent to do so.
THIRD PARTY LINKS
We have provided links to third parties to enhance your user experience so you only deal with one interlinked web and/or mobile application site. The provision of these links i.e. payment and receipt functionality, is not an endorsement of any of the products, services or information utilised. We do not have control over any third party services, sites or information and therefore cannot be held responsible for these products, services or information supplied. All these third party sites have their own separate, privacy and data collection policies.
TYPOGRAPHICAL ERRORS
We always attempt to have accurate and updated information on our web and mobile application sites at all times. It does happen where errors do occur and we make no guarantee as to the accuracy of the content of these sites and they are error free. Should you discover an error please contact us on info@flexclothing.co.za and highlight, describe the error in detail. We will make reasonable efforts to address the error and any concern you may have relating thereto.
In the unlikely event that pricing has been incorrectly captured we reserve the right to refuse or cancel any orders placed on FLEX where a price has been incorrectly displayed/listed, whether or not, the order has been completed and paid for or not. If payment has been erroneously made we will reverse the transaction and credit your account.
LIABILITY AND WARRANTY·
FLEX makes no warranties, whether express or implied, in regard to the web and mobile application sites, their contents, accuracy or availability. Without limiting the aforesaid, FLEX does not warrant that these sites or any information that may be downloaded from it is free of viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties.
Any hyperlink to other sites provided by the FLEX site should in no way be construed as a representation to the accuracy or content of that site and its information. Further, no association or endorsement should be implied between FLEX and the party owning or supplying information on those sites.
The user assumes all responsibility and risk for the use of these web sites. FLEX shall not be liable for any loss, injury, damage, cost, penalty or claim resulting from the use of these sites or the information, whether direct or indirect, and whether or not FLEX has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
The user hereby indemnifies FLEX and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the user in relation to the use, reproduction and/ or reliance of these web and mobile application sites by the user (or their client), and/or arising from the provisions of these Terms and Conditions.
INDEMNIFICATION
The user agrees to indemnify, defend and hold our directors, employees, agents, designees, licensors and authorized representatives harmless from and against all losses, claims, damages, breach, omissions, infringement/violation of copyright/trademark or other rights of any third party, costs (including attorney fees) or other expenses that arise directly or indirectly from any action or non-action whatsoever relating to any violation of these Terms and Conditions or any activity relating to your account, be they negligent or wrongful conduct by you or anyone else accessing the web sites using your internet, browser, or other access system/account.
AMENDMENTS
No amendment, interpretation or waiver of any of the provisions of these Terms and Conditions shall be effective unless reduced to writing and signed by an authorised director of FLEX and the applicable user. It being specifically recorded that no variation or consensual cancellation may be effected orally.
ENFORCEMENT
The failure by FLEX to enforce or to require the performance at any time of any of the provisions of these Terms and Conditions shall not be construed to be a waiver of such provision and shall not affect either the validity of these Terms and Conditions or the right of FLEX to enforce these Terms and Conditions.
HEADINGS
The headings of the clauses of these Terms and Conditions are used for convenience only and shall not affect the meaning or construction of the contents thereof.
TERMINATION
We may at any time, at our sole discretion and for any reason whatsoeve, modify or discontinue the web sites or any part thereof with or without notice to the user/s. Should the Terms and Conditions, the web sites, or any part of thereof be modified or discontinued you shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to these modifications or the discontinuance of the sites, or our termination of your registration to these sites. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
FORCE MAJEURE
FLEX shall not be liable for any failure to fulfill its obligations under these Terms and Conditions if such failure is caused by any circumstance beyond its reasonable control, change in legislation by the Government, judicial or regulatory authority, pandemic, emergency regulations, flood, fire, earthquake, war, natural disaster, industrial action, government restrictions, or acts of God.
SEVERABILITY
Should any of these Terms and Conditions be held to be invalid, unlawful or unenforceable, such specific terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
SURVIVAL
Notwithstanding termination of these Terms and Conditions any clause, which, from the context, contemplates ongoing rights of FLEX, shall survive such termination and continue to be of full force and effect. The provisions relating to Copyrights, Logo’s, Trademarks, Disclaimers, Limitation of Liability, Indemnification and miscellaneous, shall survive any termination.
APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of the Republic of South African. Any dispute concerning these web and mobile sites or the information contained herein shall be restricted to the exclusive jurisdiction of the Republic of South Africa’s law courts.
Confidential to FLEXACTIVE (Pty) Ltd as at February 5, 2021. All rights reserved