Flexischools Asia - Account Holder Terms of Use

1 These terms and conditions and the Policies constitute an agreement between you and Flexischools.

2. Capitalised terms used but not otherwise defined in this agreement have the meaning given to them in clause 82.

3. You will be deemed to have accepted this agreement by accessing and using the Flexischools Service, including by installing the Flexischools App or using the Flexischools Website.

4. If you grant a minor access to the Flexischools Service by allowing them to have a login to your Account, or adding their student card to your Account, you agree to assume full responsibility for any actions undertaken by the minor and agree to ensure that they comply with the terms of this agreement as if they were a party to it.

Flexischools Service

5. Flexischools has been engaged by the Principal to provide the Flexischools Service to you on the terms and conditions set out in this agreement.

6. Flexischools may provide all or part of the Flexischools Service itself or via Flexischools Australia, in its sole discretion from time to time. The provision of any part(s) of the Flexischools Service by Flexischools Australia does not create a separate agreement between you and Flexischools Australia, however Flexischools will hold the benefit of this agreement, including any consents provided hereunder, as trustee for Flexischools Australia.

7. Flexischools will grant you, or will procure that you are granted, a personal, revocable, non-transferable, non-exclusive, limited licence to:

7.1 use and participate in the Flexischools Service;

7.2 access and use the Flexischools Website and Software on or through your equipment (as appropriate); and

7.3 install and use the Flexischools App and the Documentation (as appropriate) on any devices or other hardware products that you own or control, as permitted by any usage rules for such products or set forth in the applicable App Store,

subject to the terms and conditions set out in this agreement.

8. The Flexischools Service does not include a Stored Value Facility, and Flexischools will not hold any Stored Value on your behalf.

9. The Principal is solely responsible for any Stored Value Facility operated in connection with your use of the Flexischools Service, including the holding of Stored Value allocated to your Account and refunding or crediting any Stored Value to you at the appropriate time(s).

10. In this agreement, references to your Account “balance” are references to the total Stored Value held by the Principal at any given time on your behalf. Similarly, references to “payments”, “credits” and “debits”, and words of similar verbiage, are references to Transactions occurring using the Stored Value held by the Principal and allocated to your Account.

11. The Flexischools App and Flexischools Website will display your Account balance based on information provided to Flexischools by the Principal regarding the Stored Value held on your behalf, as well as Transactions you undertake using the Flexischools Service. Flexischools will not be responsible for any inaccuracy or errors in your Account balance to the extent they arise from inaccurate or incomplete information provided to Flexischools by the Principal.

12. You can purchase Goods or services from a Service Provider by placing an Order using the Flexischools Service. Your Account will be debited with the cost of the Goods or services.

13. Before placing an Order, you must ensure that your Account is in credit by topping up the balance of the Account. Flexischools will advise you on the available payment methods for adding funds to your Account, which may vary from time to time. Once Flexischools is satisfied that funds have ‘cleared’, Flexischools will credit your Account. Depending on the payment method selected, this process may take up to 5 business days.

14. Orders must be placed before any cut-off time specified by the Principal or a Service Provider.

15. You may authorise Flexischools to automatically top-up the balance of your Account, using payment methods nominated by you, when your Account balance falls to a nominated level.

16. If, for any reason, any payment on your Account is dishonoured, your Account will be debited with the dishonour plus any fees charged to Flexischools or the Principal by third-parties in connection with the dishonour.

17. If you add funds to your Account, or purchase Goods or services, using your credit card or through your bank account, you must not charge back, cancel or de-authorise the credit card or bank account charge. If you breach this clause 17, the cost of any Goods or services purchased by you and the amount of any chargeback or other fees incurred by Flexischools may be recovered from your Account. This will be achieved by the Principal reimbursing Flexischools from your Account balance, re-charging your credit card or bank account again, or otherwise collecting such amounts from you.

18. If, for any reason, your Account falls into debit, your Account will be automatically suspended from processing Transactions, unless the ability to operate in debit has been specifically agreed with the Principal and the Service Providers.

19. You will remain liable to pay any outstanding charges should your Account balance be insufficient to meet all charges.

20. Flexischools may close an Account at any time at its discretion or may refuse to accept an application for an Account.

21. You acknowledge and agree that Service Providers are solely responsible for the preparation, quality, safety and supply of Goods or services purchased using the Flexischools Service.

Account security

22. You are responsible for maintaining the confidentiality of your Account identification, password, security questions and answers and any other information specific to your Account. This includes ensuring the ongoing security of such items by regularly updating your security information. You are responsible for ensuring that access to the Flexischools App and Flexischools Website is appropriately secure from unauthorised use.

23. If your Account login is compromised or stolen, you must notify Flexischools in writing immediately and Flexischools will suspend the Account. You will not be held responsible for any charges that might arise from the use of the compromised Account after the time the notification is received by Flexischools. You will be entitled to a refund of any unused amount on a compromised Account.

24. Unless you have notified Flexischools of your Account being compromised or stolen, Flexischools will be entitled to assume that all Orders and Transactions by your Account using the Flexischools Service are duly authorised by you.

25. Flexischools may request that you or the Principal provide a photograph of individuals permitted by you to use your Account and the Flexischools Service. You acknowledge and agree that Flexischools may provide this photograph to the Service Providers for identification purposes. Where the individual depicted in any photograph provided to Flexischools is a minor, you acknowledge and agree that you are the minor's parent or guardian and you consent to the photographs use in the manner contemplated by this agreement on the minor's behalf.

Use of your Personal Data

26. Flexischools collects and uses your Personal Data in order to provide the Flexischools Services (including establishing and administering your Account, communicating Orders of Goods and/or services to Service Providers and informing you of available Goods and/or services) and will maintain electronic or other records for each Authorised User's Account. These records will contain the name and contact details of the Authorised User to whom the login was issued, other information provided during the Authorised User’s registration process and details of all Transactions. In relation to use of the Flexischools App, Flexischools may, itself or through third party service providers, collect and use information about your use of the Flexischools App, including information you provide directly or through automated means, such as geolocation (only if you choose to share it), Flexischools App usage, time stamps, device identification, and other information as outlined in the Flexischools Privacy Statement. Flexischools may exchange your Personal Data with third parties in the ordinary course of its business, for example with Service Providers you have ordered from in order to allow them to provide the Goods and/or perform the services, with payment processing gateways, government agencies and service providers to Flexischools. You consent to the use of your Personal Data for this purpose and acknowledge that it is your responsibility to advise Flexischools of any changes to the information provided in the Authorised User's registration (such as contact details).

27. Flexischools may also use or disclose Personal Data collected from Authorised Users for any other purpose mentioned in the Flexischools Privacy Statement, including notifying Authorised Users of new Goods and services available through the Flexischools Service, changes to conditions of use and changes to or discontinuance of services and for direct marketing or offers from Flexischools (relating to products and/or services of Flexischools or third parties) and related market research. You may request not to receive marketing communications from Flexischools by clicking the unsubscribe link in the marketing communication or submitting a support ticket via the Flexischools Website.

28. You agree that Flexischools may collect, use and disclose information associated with your use of the Flexischools Service provided that the information is de-identified, aggregated or otherwise made anonymous and use and disclose that de-identified, aggregated or otherwise anonymous information for any purpose with third parties provided that, in so doing, Flexischools does not reveal any Personal Data.

29. The Flexischools Privacy Statement explains how Flexischools will collect this information, and the way in which you can access and seek correction of your Personal Data or raise issues about a breach of the Privacy Law. To obtain further information about this use of information or the Flexischools Privacy Statement, you may contact Flexischools through the contact details available on the Flexischools Website.

30. By using your Account, the Flexischools App and the Flexischools Website, you consent to Flexischools collecting, using and disclosing your Personal Data in the manner described above.

Intellectual Property

31. Nothing in this agreement constitutes a transfer of any Intellectual Property Rights in the Flexischools Service, the Flexischools Website (or its contents), or the Flexischools App (or its contents), to you.

32. You acknowledge that Flexischools and Flexischools Australia owns or has a licence to use all of the Intellectual Property Rights in the Flexischools App (and its contents) and Flexischools Website (and its contents), and you agree to not directly or indirectly to anything that would infringe upon those Intellectual Property Rights.

33. You agree that you will not use the Flexischools Service in a way that infringes upon the Intellectual Property Rights of third parties.

34. If any person makes any claim alleging that any of the Flexischools App or the Flexischools Website (or the use thereof) infringes any Intellectual Property Rights of any person, you must:

34.1 promptly notify Flexischools in writing;

34.2 not make any admissions or take any action in relation to the claim without Flexischools’ written consent;

34.3 permit Flexischools (and not, to avoid doubt, any App Store Provider) to take responsibility and control over any and all investigations, negotiations, settlement and dispute resolution proceedings relating to the claim; and

34.4 cooperate with, assist and act at all times in accordance with the reasonable instructions of Flexischools, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.

Third party promotions

35. As part of the Flexischools Service, Flexischools may make available third-party product or service promotions and materials (“Promotions”). The following terms and conditions apply to the extent that Promotions are made available, including through the Flexischools Website and/or Flexischools App:

35.1 . Flexischools will not honour any deals, promotions or promises made in such Promotions, other than those made directly by Flexischools;

35.2 any use or reliance on the Promotions is at your own risk; and

35.3 you may be provided with internet links as part of such Promotions, which link to third party websites. Flexischools takes no responsibly for links to third party websites, which are outside the control of Flexischools.

Flexischools App

36. You agree that you will not:

36.1 use the Flexischools App for any purpose or in any manner other than as permitted by this agreement;

36.2 use the Flexischools App in any way that could damage the reputation of Flexischools or the goodwill or other rights associated with the Flexischools App;

36.3 permit any other person or third party to access or use the Flexischools App without the authorisation of Flexischools;

36.4 permit any person to change, amend or customise any part of the Flexischools App unless agreed by Flexischools;

36.5 reproduce, distribute, make error corrections to or otherwise modify or adapt the Flexischools App or the Documentation or create any derivative works based upon the Flexischools App or the Documentation, or assist anyone to do so;

36.6 de-compile, disassemble or otherwise reverse engineer the Flexischools App, or assist any anyone to do so; or

36.7 modify or remove any copyright or proprietary notices on the Flexischools App or the Documentation, or assist anyone to do so.

37. The Flexischools App will be made available for download from App Stores in accordance with the terms of use of the App Store Providers.

38. Neither Flexischools nor, to avoid doubt, any App Store Provider, is under any obligation to provide technical support to you, including support in relation to the installation of the Flexischools App on your device.

39. You shall ensure that the device on which the Flexischools App is to be installed is in good, up to date working order and operating condition, and Flexischools takes no responsibly for your device’s inability to access the Flexischools Service due to issues with your device.

40. Flexischools has the following obligations under this agreement:

40.1 to provide, or procure the provision of, access to the Flexischools App until termination of this agreement; and

40.2 to keep your password and account details confidential on its servers.

41. You acknowledge and agree that Flexischools has the right and/or licence to display any Content appearing on, or uploaded to, the Flexischools App, including where Content is provided by you.

42. Flexischools will investigate complaints made regarding inappropriate Content, or make its own enquiries, and remove the Content, at Flexischools’ absolute discretion.

43. Flexischools does not endorse, support, represent, or guarantee the completeness, truthfulness, tact, accuracy, or reliability of any Content or endorse any opinions expressed in the Content.

44. Flexischools is not liable for any Content, including, but not limited to, any promises, errors or omissions, or any loss or damage incurred as a result of use of or reliance on any Content that Flexischools has not directly included on the Flexischools App.

45. Flexischools may terminate your use of the Flexischools App if there has been no access to the Flexischools App for a period of one year.

46. Flexischools may update, alter or change the Flexischools App at any time.

47. Flexischools may assign or sell its rights to the Flexischools App without notice to you.

48. Flexischools cannot guarantee availability of the Flexischools App at all times. Events such as maintenance, capacity restraints, security requirements and disruptions beyond the control of Flexischools, such as power failures, and network disruptions may result in disruptions or malfunctions.

49. The Flexischools App relies for part of its operation on push notification services including as provided by third parties. As such, delivery of Content is not guaranteed and is subject to the data delivery policies of these third parties.

50. You must not use the Flexischools App to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or organisations.

51. You must not use the Flexischools App for any illegal purpose and Flexischools shall adhere to mandatory standards of reporting where illegal use is discovered or where Flexischools becomes aware of any illegal use.

52. You agree to comply with all laws, rules, and regulations applicable to the use of the Flexischools App.

53. Any use or reliance on any Content or Materials viewed in the Flexischools App is at your own risk.

54. You may be provided with internet links in the Content which link to third party websites. Flexischools takes no responsibly for links to third party websites, which are outside the control of Flexischools.

55. You must not do any of the following while accessing or using the Flexischools App:

55.1 access, tamper with, or use non-public areas or non-indexed areas of the Flexischools App, or the technical delivery systems of the Flexischools App’s third party providers;

55.2 probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

55.3 access or search or attempt to access or search the Flexischools App by any means (automated or otherwise) other than through published interfaces that are provided by Flexischools;

55.4 forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Flexischools App to send altered, deceptive or false source-identifying information;

55.5 interfere with, or disrupt, or attempt to disrupt, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Flexischools App, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Flexischools App in attempt to gain access to a locked box or purpose built secured area in an Administration area, unless express permission has been granted by Flexischools or the Administrator if appropriate.

56. You cannot opt out of communications from Flexischools that are necessary for the ongoing operation of the Flexischools Services, including the Flexischools App.

57. The Flexischools App is primarily intended for to the use of users in excess of 14 years of age.

58. You must ensure you comply any third party terms of agreement that are required for you to use the Flexischools App (which for example may include any applicable wireless data services agreements).

59. You warrant that you (a) are not located in a country that is subject to a US government embargo, or that has been designated by a USA government agency or department as a “terrorist supporting” country (including under the US Treasury Department’s Specially Designated Nationals List); and (b) you are not listed on any USA government agency or department list of prohibited or restricted parties (including under the US Department of Commerce’s Denied Persons List or Entity List).

60. You acknowledge that, having added yourself to an Administrator’s account in the Flexischools App:

60.1 that the Administrator will be able to view your name (but not your password or email address);

60.2 Content provided to the Flexischools App by you will be visible to that Administrator;

60.3 you may be exposed to objectionable Content provided by that Administrator; and

60.4 you may be exposed to advertising or promotional material provided by Flexischools, a Flexischools approved third party, and/or that Administrator.

Termination

61. Flexischools may suspend or terminate the licence granted under clause 7, and remove your access to and participation in the Flexischools Service, due to:

61.1 your breach of this agreement;

61.2 termination or expiry of Flexischools’ agreement with the Principal;

61.3 any suspected use of your Account for unauthorised, unusual or illegal activity; or

61.4 no Transaction being performed on your Account for more than 12 months and the Account balance is zero.

62. You may terminate this agreement by going to “MyAccount” in the Flexischools App or Flexischools Website or requesting the closure of your Account by submitting a support ticket via the Flexischools Website. Users of the Flexischools App may terminate this agreement in so far as it relates to the Flexischools App by deleting the Flexischools App.

63. On termination of this agreement:

63.1 the rights and licences granted under clause 7 will terminate;

63.2 your access to the Flexischools Service will be removed by Flexischools;

63.3 your right to use the Flexischools App immediately ceases and you must promptly remove the Flexischools App from all devices; and

63.4 the Principal will be asked to refund of any unused balance on your Account.

64. Termination of this agreement will not affect any rights or obligations accrued by a party hereunder prior to the date of termination, including limitations of liability, indemnities and obligations of confidence given by a party under this agreement.

Refunds

65. If you make a complaint regarding:

65.1 a failure of a Service Provider to supply Goods or services; or

65.2 Goods or services being unsatisfactory upon receipt,

Flexischools will investigate the complaint and, if it is determined that you are entitled to a refund, Flexischools will request that the Principal will process a refund to your Account.

66. Flexischools is not responsible for providing refunds in any circumstances.

67. If you request to close your Account, Flexischools will request that the Principal refund any unused balance on your Account (less any Orders which have been processed by Service Providers) by the payment method(s) used by the Principal.

68. You acknowledge and agree that the Principal is responsible for processing any refunds from funds in your Account, and Flexischools’ role is limited to requesting that a refund be granted.

Limitation of liability

69. Nothing in this agreement limits, excludes or modifies any guarantees implied by statute which cannot be lawfully excluded from this agreement.

70. You agree and acknowledge that:

70.1 Flexischools is a distributor of Service Providers’ Materials and is not responsible for the content of the Materials;

70.2 Flexischools is a distributor of third party Content (including the Service Provider) and is not responsible for the content of third party Content (including the Service Provider) unless Content is created and uploaded by Flexischools directly;

70.3 you have not relied on any representation, description, illustration or specification which is not expressly stated in this agreement;

70.4 except for those required under any non-excludable applicable law, Flexischools make no warranties or representations about the Flexischools Service or its accuracy, reliability, completeness, currency, or ability to achieve any purpose;

70.5 except for liability for breach of any non-excludable applicable law, Flexischools is not liable for any loss or damage arising out of your use of the Flexischools Service;

70.6 the maximum aggregate liability of Flexischools arising under or in connection with this agreement, including in tort (e.g. for negligence), under statute or otherwise, to the extent permitted by law, is limited to $100.00.

70.7 Flexischools does not warrant that you will have continuous access to the Flexischools Service;

70.8 Flexischools is not liable if the Flexischools Service is unavailable for any reason;

70.9 Flexischools is not the supplier of Goods or services and is not liable for any claims in relation to the Goods or services, including their safety, quality, merchantability or fitness for any particular purpose. In particular, but without limitation, Flexischools is not responsible if Goods contain allergens to which your child may be allergic;

70.10 Flexischools is not responsible for any Stored Value in connection with your account or Stored Value Facility operated in connection with the Flexischools Service;

70.11 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 Account instructions;

70.12 Flexischools is not a party to any dispute between you and the Service Provider. If you have a dispute with a Service Provider, you release and indemnify Flexischools (and our officers, directors, agents, related companies, subsidiaries, joint ventures and employees) from and against 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

70.13 Flexischools cannot and does not warrant that a Service Provider will complete any Transaction.

71. Flexischools will not be liable to you for:

71.1 any indirect or consequential loss, damage or costs incurred by you, whether or not such loss, damage or cost was foreseeable; or

71.2 any loss or damage of any kind resulting from or in connection with negligence or breach of a term, condition or warranty that may be implied into this agreement except for liability under non-excludable applicable law,

71.3 in each case, including any loss arising out of or in connection with the Flexischools Website, the Flexischools Service, the Flexischools App or this agreement.

72. To the extent permitted by law, where Flexischools’ liability is not excluded by clauses 69 and/or 71, Flexischools’ liability for a claim arising under or in connection with this agreement, or the Flexischools Service, will in no event exceed the amount of any payments made by you in respect of the Transaction in relation to which the claim arises.

73. You acknowledge that Flexischools, not any App Store Provider, is responsible for addressing any claims you or a third party may have that relates to the Flexischools App or your possession and/or use of the Flexischools App.

Indemnity

74. You agree to indemnify Flexischools and hold Flexischools’ officers, directors and employees harmless from any loss, claim or legal liability (including legal fees) arising out of your breach of the agreement or your breach of any law or the rights of a third party relating to your use of the Flexischools Service.

75. You are responsible for any civil or criminal liability that is incurred as a result of your use of the Flexischools App, Flexischools Website or Documentation. You indemnify Flexischools against all liabilities, expenses, legal costs and fees on a full indemnity basis and for damages arising out of claims based upon your use of the Flexischools App, Flexischools Website or Documentation.

General

76. This agreement contains the entire understanding between the parties regarding the subject matter of this agreement and supersedes, terminates and replaces all prior agreements and communications between the parties.

77. You may not assign, sublicense or otherwise transfer any rights or obligations under this agreement without the prior written consent of Flexischools. Flexischools may assign or otherwise transfer any rights or obligations under this agreement at any time.

78. The Agreement and any other documents, information, statements, notifications, notices or other communications (“Relevant Communications”) in relation to your Account and/or your use of the Flexischools Service may be provided to you by electronic means. You agree to receive all communications from Flexischools by electronic means and that Relevant Communications will be made available on the Flexischools Website or the Flexischools App.

79. Flexischools may amend these terms and conditions and/or the Policies from time to time by posting a revised version to the Flexischools Website and sending you an email notification. By continuing to use the Flexischools Service after any amendments to these terms and conditions and/or the Policies, you agree to abide and be bound by any such changes. If you do not agree with any changes, you must terminate the Agreement by closing your Account and ceasing to use the Flexischools Service (including uninstalling the Flexischools App).

80. The parties agree that any dispute, controversy or claim arising out of or in connection with this agreement (including any question regarding its existence, validity or termination) (the “Dispute”) shall:

80.1 first be attempted to be resolved by negotiation in good faith and without prejudice, with each party appointing a representative with authority to resolve the Dispute to confer at least once within 30 days of one party providing written notice of the Dispute to the other party (“Dispute Notice”); and

80.2 if the Dispute cannot be resolved through negotiation within 30 days of a Dispute Notice being given, the parties shall refer the Dispute to the Singapore International Mediation Centre for mediation in accordance with the Singapore International Mediation Centre Mediation Rules for the time being in force, without prejudice to any recourse to apply to any tribunal or court of law of competent jurisdiction for any form of interim relief; and

80.3 if the Dispute cannot be resolved through mediation within 60 days after commencement of mediation at the Singapore International Mediation Centre, or within such extended period as may be agreed by the parties, the Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

81. Any notice or demand given under this agreement must be in writing and in English. In the case of Flexischools, notices must be delivered via email to: legal@flexischools.com. In the case of the Authorised Users, notices must be delivered to the email address appearing on the Account at the time the notice is to be given.

Definitions

82. Capitalised terms used in this agreement have the following meanings:

“Account” means the account of the Authorised User on the Flexischools Website or Flexischools App restricted by a username and password which is used to access and use the Flexischools Service, and in respect of which the Principal will allocate Stored Value for use in placing Orders.

“Administrators” means in relation to the Communications Functionality, an organisation or person granted authority by Flexischools to manage the administration area of the Flexischools App, including the ability to create and delete boxes, in order to send Content to, receive Content from, and manage Content of Authorised Users.

“App Store” means an online store for purchasing and downloading software and applications for mobile phones and other devices.

“App Store Provider” means a company that provides or makes available an App Store and related services and products, and which may include Apple or Google.

“Authorised User” means a member of a school community who has an account created by Flexischools for the purpose of allowing that person to access and use the Flexischools Service.

“Communications Functionality” means any communications functionality Flexischools may make available to you through the Flexischools Service, which includes your ability to receive communications from Administrators, Flexischools-approved third parties and Flexischools via the Flexischools App and / or Flexischools Website.

“Content” means any information, text, files, graphics, photos or other Materials uploaded, downloaded, posted, provided to, or appearing in the Flexischools App.

“Documentation” means any and all proprietary documentation made available to you by Flexischools for use with the Flexischools Service, including any documentation available on the Flexischools Website or the Flexischools App.

“Flexischools” means InLoop Asia Pte. Ltd., a company registered in Singapore with UEN 202536259K.

“Flexischools App” means the Flexischools-branded mobile application available for download through an App Store.

“Flexischools Australia” means InLoop Pty. Ltd., a company registered in Australia with ABN 27 114 508 771.

“Flexischools Privacy Statement” means the Privacy Statement made available on the Flexischools Website (as updated or amended from time to time).

“Flexischools Service” means the service offered by Flexischools described in this agreement which provides of a method of: (a) placing Orders for Goods or services from a Service Provider; (b) making payment for those Goods or services; and (c) communicating with Service Providers and Flexischools, including through emails, using the Flexischools Website or the Flexischools App.

“Flexischools Website” means the website at www.flexischools.com or www.flexischools.com.au.

“Goods” means food, drinks, uniforms and other items supplied by a Service Provider.

“Intellectual Property Rights” means all intellectual property rights, including all copyright (including moral rights), patents, trademarks, design rights, trade secrets, domain names, source code, knowhow and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, anywhere in the world;

“Materials” means menus, customisation options, pricing, delivery times and other details regarding the supply of Goods or services.

“Order” means an order for Goods or services placed via the Flexischools Website or the Flexischools App:

per person per meal service, for food and / or drinks; and

per person for uniforms or other items or services supplied by a Service Provider,

and “Orders” means more than one of these.

“Personal Data” has the meaning given in the Personal Data Protection Act 2012 of Singapore, and has the corresponding meaning given to “Personal Information” in the Privacy Act 1988 of Australia.

“Policies” means the policies applicable to the Flexischools Service (including the Flexischools Privacy Statement) made available on the Flexischools Website (as updated or amended from time to time).

“Principal” means the school, college, supplier or other entity who has engaged Flexischools to provide the Flexischools Service to you.

“Privacy Law” means the Personal Data Protection Act 2012 of Singapore and the Privacy Act 1988 of Australia.

“Service Provider” means the entity from which Goods and services may be purchased using the Flexischools Service, and “Service Providers” means more than one Service Provider.

“Software” means the software or tools, and related functionality, provided or made available by Flexischools for use with the Flexischools Service, including via the Flexischools Website and any software required to use the Communications Functionality.

“Stored Value” means the monetary value of pre-payments made, or funds loaded, by an Account Holder into their Account, which are held by the Principal as part of a Stored Value Facility.

“Stored Value Facility” means a payment system or arrangement allowing Account Holders to use Stored Value to make future payments for Goods or services.

“Transaction” means a purchase of Goods or services using Stored Value held by the Principal and allocated to your Account, and “Transactions” means more than one Transaction.

“US Department of Commerce Denied Persons List or Entity List” is a list of certain persons and/or entities (as relevant) that are subject to specific license requirements for the export, reexport and/or transfer of specified items, as further explained at www.bis.doc.gov.

“US Treasury Department’s Specially Designated Nationals List” is the list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries as further explained at www.treasury.gov.

“You” means the Authorised User of an Account, and “your” is interpreted accordingly.

Version 1 (2 February 2026)