Flexischools Terms of Service: Guest Checkout
Flexischools provides the option for users to place an Order and make a Transaction as a guest without the need to create a Flexischools account.
During the checkout process, guests will be required to provide certain information necessary for Flexischools to submit your Order and Transactions, and for the Facility to process and fulfill a guest’s Order.
The following Terms of Service (Terms) apply to any person who checks out using the Flexischools guest functionality (Guest, You, Your). Any reference to ‘we’ or ‘us’ is a reference to Flexischools.
1. Contact Information
1.1. While checking out as a guest, You must provide Your:
1.1.1. name
1.1.2. fulfillment details for Your Order, including where Your Order will be delivered to. If delivery of Your Order is to a student or minor, You will need to provide information that will enable the Facility to fulfill the Order to that person, and you hereby warrant that you have the consent of that person to disclose their Personal Information to Flexischools in accordance with these Terms. Flexischools will not be liable to refund you in respect of Order which cannot be fulfilled by the Facility due to You providing insufficient or incorrect fulfillment details.
1.1.3. Email Address
1.1.4. Contact phone number
1.2. You agree this information is required for us to complete your Transaction, and confirm your Order, and will be disclosed to the Facility in order for them to arrange the delivery or fulfillment of Goods and/or Services pursuant to Your Order.
2. Payment Processing
2.1. By using the guest checkout option, you acknowledge and agree that your payment details, including credit or debit card details, will be processed by Flexischools’ third-party payment processor, PayPal Braintree. Your card details are not stored by Flexischools.
2.2. We encourage you to review PayPal Braintree terms and conditions and privacy policies to understand how your payment information will be managed.
3. Data Security & Privacy
3.1. All Personal Information provided during the guest checkout process, including that of any third party whose Personal Information You provide, will be handled by Flexischools in accordance with Flexischools’ Privacy Policy, which outlines how we collect, use and disclose Personal Information in our care.
3.2. By submitting a Transaction as a guest, you consent to us using your Personal Information and that of any third party whose Personal Information You disclose to us, in accordance with our Privacy Policy.
4. Refunds or disputes about a purchase
4.1. In the event of Guest reporting to Flexischools either:
4.1.1. a failure of the Facility to supply the Goods and/or Services, or
4.1.2. the Goods and/or Services being unsatisfactory upon receipt;
the complaint will be investigated. If the Guest is entitled to a refund, Flexischools will process the refund payable to the payment method used by the Guest to complete the Transaction.
4.2. Flexischools will not provide cash refunds in any circumstances.
5. Limitation of liability
5.1. You agree and acknowledge that:
5.1.1. Flexischools is not responsible for any instructions or communications that you provide via the Flexischools Service and is not responsible for detecting any errors in your Order instructions;
5.1.2. Flexischools has no control over the quality, safety or legality of any items sold by a Facility or over any content used by a third party and/or a Facility in its advertising or marketing including via the Flexischools Service;
5.1.3. Flexischools is not a party to any dispute between you and the Facility. If you have a dispute with a Facility, you release Flexischools (and our officers, directors, agents, related companies, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the dispute; and
5.1.4. Flexischools cannot and does not warrant that a Facility will complete any Order.
5.2. You agree that Flexischools:
5.2.1. is not the supplier of Goods and/or Services and is not liable for any claims in relation to the Goods and/or Services, including their quality, merchantability or fitness for any particular purpose; and
5.2.2. is a distributor of the Facility’s Materials and Content, and is not responsible for the content of the Materials or Content; and
5.2.3. except as required under any Non-excludable Australian Consumer Law, makes no warranties or representations about the Flexischools Service or its accuracy, reliability, completeness, currency, or ability to achieve any purpose, and is not liable for any loss or damage arising out of Your use of the Flexischools Service.
6. Definitions
In this Agreement:
Application means the application software made available by Flexischools through an App Store and/or the Website, which facilitates ordering and payment for Goods and/or Services, amongst other things;
App Store means an online store for purchasing and downloading software and applications for mobile phones and other devices;
Content means any information, text, files, graphics, photos or other materials uploaded, downloaded, posted, provided to, or appearing in the Application;
Goods and/or Service mean food, drinks and other items such as tickets, bookings or payments for events supplied by a Facility;
Fees mean the fees payable by you to Flexischools in relation to your use of the Flexischools Service as outlined on the Flexischools Website or Flexischools Application at the time of placing your Order;
Facility means a provider that makes Goods and/or Services available for Order via the Application;
Flexischools means InLoop Pty Ltd ABN 27 114 508 771 trading as Flexischools;
Goods and/or Services means food, drinks and other physical items (in respect of Goods) and services performed or made available (in respect of Services) supplied by a Facility;
Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time-to-time in Australia, whether made by a State, Territory, the Commonwealth or a local government, and includes the common law and equity as applicable from time-to-time, and any mandatory standards or industry codes of conduct;
Loss means loss, damage, liability, charge, expense, outgoing or cost (including all legal and other professional costs on a full indemnity basis) of any nature or kind;
Materials means menus, customisation options, pricing, delivery times and other details relating to the offer and supply of Goods and/or Services as notified by the Facility from time-to-time;
Non-Excludable Guarantees means any statutory rights or guarantees provided under the Competition and Consumer Act 2010 (Cth) or any other rights in relation to the supply of Goods and/or Services (such as terms implied into a contract by the Australian Securities and Investments Commission Act 2001 (Cth) or any equivalent State or Territory legislation) that cannot lawfully be excluded;
Order means an order for Goods and/or Services placed via the Flexischools Website: (a) per person, per meal service, for food and/or drinks; and (b) per person for unforms, or other items or services supplied by a Facility Provider, and Orders means more than one of these;
Personal Information has the meaning given to the term in the Privacy Legislation;
Privacy Legislation means the Privacy Act 1988 (Cth);
Privacy Policy means the Privacy Statement issued by Flexischools and made available on the Website (as updated or amended from time-to-time);
Service means the services offered by Flexischools providing a method of (a) purchasing Goods and/or Services from a Facility, (b) making non-cash payments for those Goods and/or Services and/or (c) receiving communications, including through emails, using the Website and/or using the Application.
Transaction means a purchase of Goods and/or services using the Service;
Website means the website, including any sub-domains, at www.flexischools.com.au