Welcome from Flexible Pass. Please carefully read the following terms and conditions (the “Terms”) before accessing and/or using any platform or service of Flexible Pass. These Terms govern your access to and/or use of Flexible Pass’s website, mobile application or any Internet service (including any associated software supplied by Flexible Pass) (collectively, the “Platform”) under Flexible Pass’s control or ownership.
These Terms is legally binding between Flexible Pass Company Limited (the “Company”) and you, the user of the Platform and/or services of Company (“You”).
ACCEPTANCE OF TERMS
USE OF SERVICES TERMS
- 3.1 The Company may allow You accessing to plan and books a variety of fitness activities at participating outlets (the “Activities”) provided by the partners of the Company (the “Partners”). While the Company use reasonable efforts to keep the Platform accessible, the Platform may be unavailable from time to time.
- 3.2 To access and/or use the services, You must create an account and only entitled to create one account. If You create multiple accounts, it is violation of these Terms and all of your account will be suspended/terminated and also will not allowed to the Platform and/or services anymore upon suspension/termination. Also, You must provide correct and complete information for your account and shall maintain updated.
- 3.3 The Company only connect You and such Partners, therefore, it is up to You to access the Activities of Partners.
- 3.4 You may search for Activities and Partners and view related information about activity types and times, instructors’ information as well as Partners’ locations and other related information such as amenities and other offerings. We may also feature an Activity as an advertisement on the Platform or on any other social media sites, but this is not a recommendation or endorsement of such Activity. We make no guarantees or representations on the quality or nature of the Partners or Activities.
- 3.5 All Activities may be updated on a weekly basis. You must book an Activity on the Platform in advance before you join the Activity if Company stated that this Activity require the advance booking in the description of the Activity or at your discretion.
- 3.6 Upon visiting the Activity, you will be asked to show your booking and Flexible Pass account for verification purposes. Please note that your profile picture on the Platform shall match your actual face. If there is any differences, You may be denied to use the booking or accessing to the Activities. We reserve the right to change, remove or add the Partners without notice to you or liability to us.
Some activities are updated on a monthly basis and some are on a weekly basis. Also, Flexible Pass will always try to make sure the details of the activities(such as name of class, time, location) are correct and up to date but from time to time those information may be incorrect if the Partner does not give the correct information or fail to give the information. This should be covered under Clause 8. You do not require to be 100 percent correct all the times.
Also, only certain activities(such as horse riding, futsal courts) needs to be booked in advance and most of the other activities do not need to be booked in advance. We clearly state in the description of those activities the time requires for them to be booked in advance as the time required to be booked in advance may differ from one partner to another.
Users cannot cancel their booking under any circumstances after they have made their booking. The Flexible Pass points for that booking made will be deducted from their account and they will not be refunded those points whether they go for their booking or not.
- 4.1 In order to access the services, you agrees to purchase the FlexPoints on the Platform and the FlexPoints will be offsetted based on your usage of services. You does not have any right to request cancellation or termination to the booking and also, whether you actually visit or use or access the Activity, your FlexPoints will be offsetted.
- 4.2 Your purchase of FlexPoints will include any applicable taxes which required under the relevant laws and you agree that the tax will be added at the prevailing rate from time to time on your purchase.
- 4.3 You shall pay any fees associated with purchasing the FlexPoints without any deduction, set-off, counterclaim or withholding of any kind unless required by law.
- 4.4 You have the right to buy the FlexPoint in Myanmar Kyat, however, it will be calculated based on the exchange rate set by the Company or the payment provider who is used for making the payment.
- 4.5 Company stated the expiration date in the description of FlexPoint. Upon the expiration, if You still have any unused FlexPoint, You will no longer allow to use, however, if You top up before the expiration, all unused FlexPoint will be allowed to use until the date of new expiration.
- 4.6 You cannot request the refund on the FlexPoint. Also, the Company does not provide any channel to withdrawn cash based on the FlexPoint.
- 4.7 You are not allowed to transfer the FlexPoint to another user.
The Company may offer the promo code (subject to terms and conditions of each promo code) from time to time, however, such promo code shall not be transferred, exchanged or redeemed for cash. Each promo code shall be used separately and not combined or accumulated with different promo code or other offers of the Company or Partners.
- 4.8 The Company reserve the right to deduct or remove FlexPoints (including obtained by the promo code) or other credits or benefits by You in the event that we determine or believe that You have obtained FlexPoints in error, fraudulent, illegal or in violation of the terms of the promo code or these Terms.
- 5.1 You represent and warrant that any information You provided on the Platform or to access the services is accurate and correct and you will maintain the information to be updated.
- 5.2 Charges incurred on the internet connection for accessing and connecting to the Platform will be solely responsible by for You.
- 5.3 You agree that you will keep your username and/or login password to be secured and will not share or allow any other person to use. You shall immediately notify the Company if You doubt any unauthorised use of your account, by sending an email to email@example.com or hot-line phone number 09966854000.
- 5.4 It is your sole responsibility to care the physical and/or mental health to exercise. The Company strongly recommend to seek the advice of qualified healthcare professional before you participate in any of the Activities if You have any concerns or questions about your physical and/or mental health. By using the services or joining the Activities, You acknowledge and agree that your participation in any of the Activities is solely at your own risk and you have no right to against the Company and Partner.
- 5.5 You acknowledge and agrees that you must not
- i. contains or installs or introduce anything (including but not limited to any virus, worms, malware, Trojan horses and/or any other content) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate anything on the Platform; or
- ii. act any other unauthorised usage on the Platform.
- 6.1 You hereby agrees to indemnify and hold harmless the Company, affiliates of the Company, Partner, each of the Company directors, shareholders, employees, partners, agents, contractors, trustees, advisors, suppliers, vendors and representative from and against any and all claims, liabilities, losses, damages, expenses, costs, reasonable attorney’s fees and demands by any party that arise from or in connection with:
- Your access and/use of the Platform and/or service;
- Your dealing with the Partner, including your breach of any terms set by the Partners or the rights of any third party, including the Partners;
- Your user information;
- Your interaction with any other user (including other users of Flexible Pass or Partner
- Any other party’s access and/or use of the Platform and/or Service using your username and/or login password; or
- Any other party’s breach of any of these Terms where such party was able to access and/or use the Platform and/or service using your username and/or login password.
- 7.1 The Company is the sole owner of all proprietary and any intellectual property rights on the Platform.
- 7.2 By using the services and subject the compliance of these Terms You will be granted a limited, personal, non-commercial, non-exclusive, non-transferable, non-assignable access and right to use the Platform and/or service.
- 7.3 The Company own the terms “Flexible Pass”, “Your Fitness, Your Choice”, and logos and You shall not use or display any manner the marks “Flexible Pass”, “Your Fitness, Your Choice” without our prior written approval.
- 7.4 All other trademarks, trade names, service marks, product names, logos, slogan and any other similar contained herein that are not owned by, licensed to or controlled by the Company are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement
- 8.1 The information and materials on the Platform provided to You for information purposes only and on an “as is” and “as available” basis without representation, warranties or guarantees of any kind either express or implied.
- 8.2 The Company will due care to ensure that the information and materials on the Platform is correct, however, no representation, warranty or guarantee, express or implied, is given that they are complete and correct. To the extent permitted by law, the Company does not have any liability for any kinds of errors.
- 8.3 The Company does not make any representation, warranty or guarantee that Platform will be available 24 hours a day or will not be interrupted or timely or error-free even though the Company will due care that the Platform to be available 24 hours a day.
- 8.4 The Company may occasionally need to carry out the maintenance of Platform. During this time, You may not be able to access to the Platform and to the extent permitted by law, the Company does not have an liability for such non-available period.
- 8.5 The Company also does not make any representation, warranty or guarantee that the usage of the Platform or service is inline with the respective laws of your country, or that the Platform and/or service will be compatible with hardware, software or operating system which you may use.
- 8.6 The Company will due care on the quality, suitability, safety or ability of the service of Partner, however, the Company does not represent, warrant or guarantee that the services of the Partner will be maintained or will be served with good quality, suitability or safety.
LIMITATION OF LIABILITY
- 9.1 To the extent permitted by law, the Company and respective directors, shareholders, partners, agents, contractors, suppliers, vendors, Partners, representative, and subsidiary of the Company are not liable or responsible to You or any other person for any direct, indirect or consequential loss, damage, claim, liability, expense or cost arising out of or in connection with these Terms, the usage or access of the Platform or the services.
- 9.2 If the respective laws do not allow the exclusion for consequential or incidental damages, the liability of the Company cannot be excluded but can be limited, our liability shall not be exceed Myanmar Kyat equivalent to United State Dollar 100. If the respective law even not allow limitation, the liability of the Company will only be up to the extent permitted by law.
THIRD PARTY LINK OR ADVERTISEMENT
- 10.1 The Company may allow and integrate third party link either advertising or other products or services on the Platform or any part of it. By using the Platfrom and/or service, you agree to receive such advertising and materials. The Company does not have any right to control or manage or maintain or endorse such link, therefore, the Company does not have any responsibility or liability for the content of such link or the accuracy or reliability of such link. If You do not want to receive such link, You shall notify the Company in writing either through the postal or email. We disclaim all warranties or guarantee either expressly or impliedly, regarding the accuracy, validity, legality or otherwise of any materials or information contained on such link.
- 11.1 You have the right to provide feedback to the Company through postal mail, email and/or otherwise) regarding with improvements, enhancements, recommendations and/or other features relating to the Platform and/or services, however, the Company does not have any responsibilities or liability to follow on your feedback.
- 11.2 The Company also have the right to contact You, by email or postal services or phone call or posting notice on the Platform and You agrees that to receive such contact.
- 11.3 Our contact address is Unit 11E (10th Floor), No. 178 Upper Pansodan Road, Mingalar Taungnyunt, Yangon, Myanmar and our contact email is
- 12.2 In order to terminate or cancel your account, in your own discretionary, You can follow the instructions through your account on the Platform.
- 13.1 These Terms are governed by the Laws of Myanmar. If there is any dispute between the Company and You, it shall be settled amicably. If the dispute cannot be amicably settled, it shall be settled at the Court of Myanmar.
- 13.2 These Terms constitute the entire agreement between the Company and You except the Company expressly described otherwise.
- 13.3 If any part of the Terms is invalid or unenforceable, the remaining part will remain in full force and effect.
- 13.4 You shall not assign these Terms without the prior written approval of the Company, however, the Company reserve the right to assign these Terms without your approval but will notify You if there is any assignment.
- 13.5 If there is any force majeure and the Company or You are not able to perform the obligations, neither party will be liable for such failure or delay.
- 13.6 If there is any provision in these Terms which is required to survive due to their nature upon the termination or cancellation of these Term, these provisions shall survive.