The intent of the FlexiSchools System is to provide an efficient and convenient method of electronic payment using the FlexiSchools Website owned by The Scotney Group Pty Ltd ACN 114 508 771. The names FlexiSchools and FlexiSchool Systems are registered trading names of The Scotney Group Pty Ltd (formerly FlexiMeals Pty Ltd).

The FlexiSchools Management System (“the System”) may only be used subject to these terms and conditions. Upon completion of online registration as an Authorised User of the System by you, you agree to be subject to these terms.  By completing the online registration process, you represent and warrant that you have the right, authority and capacity to accept these terms and conditions and agree to abide by the terms.   If you do not agree to these terms, you must not use or access the System

1.     DEFINITIONS

In these Terms and Conditions:

Account means the accessible account on the System restricted by a username and password, supplied to you upon acceptance of the Terms and Conditions set out in the Agreement;

Agreement means this agreement and the Policies as updated or amended from time to time;

Authorised User means a member of the school community who has an account created by FlexiSchools for the purpose of allowing that person to access and use the FlexiSchools Management System for the purpose of acquiring Goods from the Facility Provider.

Facility Provider means the entity from which Goods and services may be purchased using the System;

Fees mean the fees payable to FlexiSchools for using your Account on the System as set out in clause 7;

FlexiSchools Management System (the System) means the service owned by The Scotney Group Pty Limited which has the functionality outlined in the website and in these terms and conditions.  The System includes the Website and associated processes and software.

FlexiSchools is a trading name of The Scotney Group Pty Ltd (ACN 114 508 771)

Goods mean food, beverage and other items supplied by a Facility Provider.

Intellectual Property Rights means all intellectual property rights, including: patents, copyright, rights in circuit layouts, registered designs, trade marks; and any application or right to apply for registration of any of those rights.

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

Non-excludable Condition means an implied condition or warranty the exclusion of which from a contract (including a contract with a consumer as defined in the Trade Practices Act 1974) would contravene any statute or cause any part or all of these Terms and Conditions to be void.

Order means an order for goods or services placed via the Website

Policies mean the policies specific to particular features of the FlexiSchools Management System as available via the Website and as updated or amended from time to time in accordance with clause 15;

Transaction means a purchase of Goods using the Account, or adding funds onto the Account, and does not include Fees or refunds.

Website means the website that FlexiSchools has created located at www.flexischools.com.au, which you are licensed to use in accordance with the terms of these Terms and Conditions.

You means the Authorised User with an Account and Your is interpreted accordingly.

In these Terms and Conditions, any use of the verb includes, or of words such as for example or such as, do not limit anything else that is included in general speech.

2.               Acceptance of Terms and Conditions

2.1           You acknowledge that if you are a parent, or guardian, you may grant your child or ward access to System by allowing them to have a login to your Account.  You also acknowledge that you take full responsibility for any actions taken by your child or ward and agree to ensure that they comply with these terms and conditions. 

2.2           By clicking "I agree to the Terms and Conditions" when you create an Account, you agree to be bound by these terms and conditions and any Policies, including any update or amendment made to these terms and conditions in accordance with this Agreement.

2.3           You undertake to familiarise yourself with and comply with any Policies relevant to your use of the System, including but not limited to the Refund Policy and Privacy Statement.

3.               GRANT OF LICENCE

3.1           FlexiSchools grants you a non-exclusive and non-transferable licence to participate in the FlexiSchools Management System

4.               FlexiSchools MANAGEMENT SYSTEM

4.1           Sole responsibility for the preparation and supply of Goods lies with the Facility Provider.

4.2           You can purchase Goods from a Facility Provider using the System.  Your Account will be debited with the cost of the Goods and the Fees.

4.3           Orders must be placed before the cut-off time notified to you through the Materials.  FlexiMeals cannot warrant that you will be able to place and order after this time.

4.4           FlexiSchools 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 in the Authorised Users FlexiSchools application and details of all transactions.

4.5           The Authorised User consents to the use of the Authorised User's personal information for this purpose and acknowledges that it is the Authorised User's responsibility to advise FlexiSchools of any changes to the information provided in the Authorised User's application (e.g. contact details).

4.6           The Authorised User acknowledges receiving a copy of the FlexiSchools Privacy Statement. The current FlexiSchools Privacy Statement can be viewed on the FlexiSchools website. Hard copies will be made available on request.

4.7           FlexiSchools may use personal information collected from Authorised Users for any other purpose mentioned in the FlexiSchools Privacy Statement, including notifying Authorised Users of new services, changes to conditions of use and changes to or discontinuance of services, and for related market research.

4.8           When an Authorised User performs a transaction using the FlexiSchools System, the charge will automatically be debited to the Authorised User's account.

4.9           For Prepaid accounts:

(a)     For each prepaid account, FlexiSchools will operate an Account for the purpose of accounting for all goods purchased and Fees;

(b)     The Authorised User must make an initial prepayment and then maintain the account in credit by payment of top up increments. Top up increments must be $20.00 or greater (or such lesser amount as may be nominated by FlexiSchools).  Top-up increments of less than $50 will incur a top up processing fee of $0.25;

(c)     Authorised Users may authorise FlexiSchools to automatically top up the account from a nominated credit card when the account balance falls to a nominated level;

(d)     If for any reason any payment on a prepaid account is dishonoured, FlexiSchools will debit the dishonour plus relevant fees against the account.

(e)     If for any reason a prepaid account falls into debit the account will automatically be suspended, unless the ability to operate in debit has been specifically agreed with the school and Facility Provider.

(f)      The Authorised User will remain liable to pay any outstanding charges should the prepaid account balance be insufficient to meet all charges.

(g)     FlexiSchools may close a prepaid account at any time at its discretion or may refuse to accept an application for such an account.

4.10       Subject to clause 4.9, each time a login issued to the Authorised User is used to make a purchase, whether by the Authorised User or another person, the Authorised User's account will be debited with the purchase amount.

4.11       If an account login is compromised or stolen, the Authorised User must notify FlexiSchools in writing immediately and FlexiSchools will suspend the account. The Authorised User 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. The Authorised User will be entitled to a refund of any unused amount on a compromised prepaid account.

5.               Your OBLIGATIONS

5.1           Except as expressly permitted by the Copyright Act 1968 (Cth) you must not, and you must not allow any other person to reproduce, modify or adapt the System, the Website or its contents.

5.2           You must not, and you must not allow any other person to, use the System, the Website or its contents:

(a)     so as to breach any law or regulation (including any trade practices or fair trading legislation), infringe a third party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority; or

(b)     in connection with any information or material that may be, or that may encourage conduct that may be, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent.

5.3           You are responsible for maintaining the confidentiality of the 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.

5.4           You must immediately report any unauthorised use of the Account to FlexiSchools.

5.5           FlexiSchools may request that you or the School provide a photograph of individuals permitted by you to use your Account and the Service. You acknowledge and agree that FlexiSchools may provide this photograph to the Facility Provider 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.

6.               Adding AND REDEEMING funds ON your Account

6.1           You may add funds to your Account at any time in accordance with the following procedure set out in this clause.

6.2           FlexiSchools will advise you on the available payment methods which may vary from time to time.

6.3           Once FlexiSchools is satisfied that the funds have 'cleared', FlexiSchools will credit the Account.  Depending upon the payment method selected, this process may take up to five business days.

6.4           You can redeem funds from your account by contacting FlexiSchools on 1300 361 769 or help@flexischools.com.au and subject to clause 12.4.

7.               Fees and Services

7.1           In consideration for access to the System, FlexiSchools may charge you a periodic fee, the details of which are displayed on the registration page when you create your Account.  You acknowledge that you accept this fee by using the System.

7.2           When an Order is placed online, FlexiSchools may charge you a transaction Fee which is displayed to you prior to completing the Order.  You acknowledge that you accept this fee by completing an Order in the System.

7.3           If you are not charged a periodic fee under clause 7.1 and a Transaction has not been performed on your Account for a period of 6 months, a fee of $1.50 per month will be charged to your Account at the start of the each subsequent month until such time as you perform a Transaction on your Account or you Terminate your Account as outlined in clause 11. This clause cannot cause an Account to go into a negative or debit balance.

7.4           FlexiSchools may amend the Fees from time to time.

7.5           FlexiSchools may make temporarily amendments to the Fees for promotional or other events and such changes are effective in accordance with the terms and conditions that FlexiSchools posts.

7.6           You are responsible for paying all Fees associated with the Services, including all applicable taxes (including any goods and services or value added including the incurrence of any taxes, which will be added to amounts billed to you, if applicable).

7.7           Fees within clause 7 are inclusive of GST.

8.               GST

8.1           In this clause 8:

(a)     The expressions Consideration, GST, Input Tax Credit, Recipient, Supply, Tax Invoice and Taxable Supply have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act); and

(b)     Supplier means any party treated by the GST Act as making a Supply under this Agreement.

8.2           Unless otherwise expressly stated, all prices or other sums payable or Consideration to be provided under or in accordance with this Agreement are exclusive of GST.

8.3           If GST is imposed on any Supply made under or in accordance with this Agreement, the Recipient of the Taxable Supply must pay to Supplier an additional amount equal to the GST payable on or for the Taxable Supply.

8.4           Payment of the additional amount must be made at the same time and in the same way as payment for the Taxable Supply is required to be made in accordance with this Agreement.

8.5           FlexiSchools will not provide a Tax Invoice to the Recipient of a Taxable Supply unless requested to by the Recipient.  If the Recipient requests a Tax Invoice, FlexiSchools will provide the Recipient with a Tax Invoice for the Supply within 28 days of the Recipient's request.

8.6           If this Agreement requires a party (the First Party) to pay for, reimburse, set off or contribute to any expense, loss or outgoing (Reimbursable Expense) suffered or incurred by the other party (the Other Party), the amount required to be paid, reimbursed, set off or contributed by the First Party will be the sum of:

(a)     the amount of the Reimbursable Expense net of Input Tax Credits (if any) to which the Other Party is entitled in respect of the Reimbursable Expense (Net Amount); and

(b)     if the Other Party's recovery from the First Party is a Taxable Supply, any GST payable in respect of that Supply, such that after the Other Party meets the GST liability, it retains the Net Amount.

9.               ChargebackS

9.1           If you add funds to your Account 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.

9.2           If you purchase Goods using the System, you must not charge back, cancel or de-authorise the credit card or bank account charge.

9.3           Should you breach clause 8.1 or 8.2, FlexiSchools may, at its sole discretion, recover the cost of any Goods purchased by you and the amount of any Fees incurred by FlexiSchools.  This will be achieved by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.

10.            INTELLECTUAL PROPERTY RIGHTS

You acknowledge that these Terms and Conditions do not transfer any Intellectual Property Rights to you in the FlexiSchools Management System or its contents, except for the licence granted under clause 3.

11.            TERMINATION

11.1       FlexiSchools may suspend or terminate the licence granted under clause 3 and remove your access to and your participation in the FlexiSchools Management System at any time and for any reason, including but not limited to:

(a)     breach any of these Terms and Conditions; or

(b)     if there is a suspicion that the Account has been used for unauthorised, unusual or illegal activity; or

(c)     if a Transaction has not been performed on the Account for more than 6 months and the Account balance is zero.

11.2       Authorised Users may terminate this Agreement by requesting the closure of their Account via email to help@flexischools.com.au. In the case of prepaid accounts the Authorised User may also entitled to a refund of any unused funds in accordance with clause 12.4.

11.3       On termination of these Terms and Conditions:

(a)     you must cease using and return to FlexiSchools, or destroy, all copies of any FlexiSchools materials in your possession or control;

(b)     your access to the System will be removed by FlexiSchools; and

(c)     any outstanding balances on your Account will be refunded as outlined in clause 12.

11.4       Despite any other provision of this Agreement, this clause 11 and clauses 5,7,10,12,13 and 14 will survive expiration or termination of this Agreement.

12.            Refunds

12.1        This clause should be read in conjunction with the Refund Policy posted on the Website.  If any part of the Refund Policy available on the Website is inconsistent with any term set out in this Agreement, the terms of the Refund Policy posted on the Website will prevail to the extent of the inconsistency.

12.2       In the event of an Authorised User reporting to FlexiSchools either:

(a)     a failure of the Facility Provider to supply the Goods, or

(b)     the Goods being unsatisfactory upon receipt; 

FlexiSchools will pass the details of the Authorised User complaint to the Facility Provider. If the Facility Provider wishes to grant a full or partial refund, it is the responsibility of the Facility Provider to either refund the customer directly, or provide the refund value to FlexiSchools and have FlexiSchools credit the customer's account. 

12.3       FlexiSchools will not provide cash refunds to the customer for individual purchases.

Refund for Account Closure

12.4       In the event of receiving a request from the Authorised User to close their Account, FlexiSchools will refund the remaining value of the account (less any orders which have been processed by the Facility Provider) by one of the following methods at FlexiSchools' discretion:

(a)     Credit card refund using the credit card originally used to place funds into the account;

(b)     EFT payment into the customer's nominated bank account; or

(c)     Cheque in the customer's name

The refund will be provided within 10 working days

12.5       If a refund requires FlexiSchools to contact the Authorised User and a reasonable attempt is made for a period of 30 days, but is unsuccessful, the balance will be credited back to an Account in the name of the Authorised user.

 

13.            LIMITATION OF LIABILITY

13.1       You acknowledge that:

(a)           FlexiSchools is a distributor of the Facility Provider’s Materials and is not responsible for the content of the Materials;

(b)           You have not relied on any representation, description, illustration or specification which is not expressly stated in this Agreement.

(c)           except for Non-excludable Conditions, FlexiSchools make no warranties or representations about the FlexiSchools Management System or its accuracy, reliability, completeness, currency, or ability to achieve any purpose;

(d)           except for liability for breach of any Non-excludable Condition, FlexiSchools is not liable for any loss or damage arising out of an Authorised Users use of the FlexiSchools Management System;

(e)           the maximum aggregate liability of FlexiSchools for all proven losses, damages and claims relating to personal injury, sickness or death is limited to the amount set out in clause 9.3

(f)            FlexiSchools does not warrant that you or the Account Holders will have continuous access to the System;

(g)           FlexiSchools is not liable if the System is unavailable for any reason;

(h)           FlexiSchools is not the supplier of Goods and is not liable for any claims in relation to the Goods, including their quality, merchantability or fitness for any particular purpose;

(i)             FlexiSchools is not a bank, is not acting as a Trustee in relation to funds held in your Account, is not holding your funds in Trust, and does not pay interest on any funds held in your Account;

(j)             FlexiSchools is not responsible for any instructions that you provide via the System and is not responsible for detecting any errors in your Account instructions;

(k)           FlexiSchools has no control over the quality, safety or legality of any items sold by a Facility Provider to any Authorised User or over any content used by a Facility Provider in its advertising or marketing;

(l)             FlexiSchools is not a party to any dispute between you and the Facility Provider.  If you have a dispute with an Facility Provider, 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

(m)         FlexiSchools cannot and does not warrant that a Facility Provider will complete any transaction.

13.2       FlexiSchools excludes:

(a)     from these Terms and Conditions all conditions, warranties and terms implied by statute, general law or custom, except any Non-excludable Condition;

(b)     except for liability in relation to a breach of a Non-excludable Condition, all liability to you in contract for lost profits and damage suffered as a result of claims by any third person, such as a Customer, and consequential or indirect loss arising out of, or in connection with, the services and these Terms and Conditions , even if:

(i)       FlexiSchools knew that loss was possible; or

(ii)     the loss was otherwise foreseeable; and

(c)     all liability for any negligent acts or omissions of FlexiSchools, its employees, agents and contractors arising out of, or in connection with, the services and these Terms and Conditions.

13.3       FlexiSchools’ total liability to you for breach of these Terms and Conditions, or for breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974), is limited, at FlexiSchools’ option, to any one of:

(a)           resupplying, replacing or repairing the Goods provided to you;

(b)           paying the cost of resupplying, repairing, or replacing the Goods provided to you;

(c)           supplying again, the services in respect of which the breach occurred;

(d)           paying the cost of supplying again, the services in respect of which the breach occurred; or

(e)           paying the cost of any the Fees paid by you in respect of which the breach occurred.

14.            Indemnity

14.1       You agree to indemnify FlexiSchools against and must pay FlexiSchools on demand the amount of:

(a)     any loss, claim or legal liability to the extent that the loss, claim or legal liability arises from or is connected with:

(i) a breach by you of these Terms and Conditions; or

(ii) the consumption of the Goods; or

(iii) the Goods not being provided;

(b)     expenses of consultants and legal expenses on a full indemnity basis incurred by FlexiSchools in connection with any claim under this indemnity; and

(c)     any tax and associated penalties which may be incurred by FlexiSchools (including any Goods and Services Tax) arising from the performance by you of your obligations under these Terms and Conditions.

15.            Miscellaneous

15.1       Any prices included as part of the Materials will be your sole responsibility and risk. 

15.2       FlexiSchools will provide you with a help desk for any queries in relation to the FlexiSchools Management System, only between 8:00 to 17:00 Sydney time on business days in Sydney.

15.3       FlexiSchools will use reasonable commercial efforts to maintain the FlexiSchools Management System.

15.4       You acknowledge that:

(a)     communications through the FlexiSchools Management System are not secure and may be subject to interception and loss of data; and

(b)     you are responsible for your network security.

15.5       FlexiSchools cannot guarantee that the FlexiSchools Management System and Materials will be free of errors or viruses.

15.6       FlexiSchools does not guarantee or warrant that your existing equipment, hardware or software is compatible with the FlexiSchools Management System.

15.7       This document sets out the entire agreement between the parties in relation to its subject matter and all prior representations are excluded.

15.8       FlexiSchools may suspend your access to the FlexiSchools Management System in whole or in part at any time without notice or compensation where deemed necessary in FlexiSchools’ sole discretion.

15.9       You cannot assign or otherwise transfer the benefit of this Agreement without the prior written consent of FlexiSchools. FlexiSchools may assign or otherwise transfer the benefit of this Agreement to any third party that purchases or acquires the business which conducts the System.

16.            VARIATION

16.1       FlexiSchools may vary the Terms and Conditions and Policies from time to time by giving written notice of the variation to you.

17.            GOVERNING LAW

These Terms and Conditions are governed by the law applicable in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state