Terms of Use

1. About these Terms

These Terms of Use (“Terms”) govern your access to and use of the Flexilay website, portals and services (together, the “Service”).

By using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you are authorised to bind that business to these Terms.

2. Who we are

The Service is operated by Flexilay Pty Ltd (“Flexilay”, “we”, “us”, “our”).

Flexilay provides lay-buy and payment-scheduling tools that allow merchants to offer structured payment plans to their customers via online checkouts, accounting platforms and standalone agreements.

Flexilay is not a bank, lender or financial institution, and we do not hold customer funds.

3. Eligibility

To use the merchant features of the Service, you must:

• Be at least 18 years old;
• Have the authority to bind your business or organisation; and
• Comply with all applicable laws and platform rules (for example those of Shopify, WooCommerce, BigCommerce, Odoo, Xero, MYOB and your payment provider).

Customers who enter payment plans through Flexilay must be legally able to enter into the relevant agreement with the merchant.

4. Your account

You are responsible for:

• Maintaining the confidentiality of your login credentials;
• Ensuring that only authorised users access your merchant account; and
• All activity that occurs under your account.

Notify us immediately if you believe your account has been compromised.

5. Our role

Flexilay:

• Provides tools to help you set up, schedule and manage lay-buy and payment plans;
• Facilitates the exchange of information between you, your customers, connected platforms and payment providers; and
• Provides dashboards and portals for merchants and customers.

Flexilay does not:

• Provide credit or financial services to customers;
• Decide whether a customer is eligible for a plan;
• Collect or hold funds on your or your customer’s behalf; or
• Assume responsibility for your obligations to customers under your own terms of sale or lay-buy agreements.

You remain the contractual party to any sale or service agreement with your customer.

6. Connectors and third-party services

You may choose to connect Flexilay to third-party services such as e-commerce platforms, accounting tools and payment providers (“Connectors”).

• Your use of each Connector is governed by that provider’s own terms and policies.
• You are responsible for maintaining your accounts with those providers and complying with their requirements.
• We are not responsible for any acts or omissions of Connector providers.

We may add, modify or remove support for Connectors over time.

7. Acceptable use

You must not use the Service:

• For any unlawful purposes or in breach of applicable laws and regulations;
• To offer or manage plans involving prohibited or high-risk goods or services under relevant platform or payment-provider rules;
• To mislead customers about the nature of your lay-buy or payment plans; or
• To attempt to bypass platform or payment-provider restrictions.

We may suspend or terminate access to the Service where we reasonably believe these Terms or applicable laws have been breached.

8. Fees and billing

If you are a merchant:

• We may charge subscription fees, usage fees, per-plan fees or other charges as described in your plan or order form.
• Payment terms will be specified on our pricing page or in another agreement with you.
• Taxes may apply to our fees as required by law.

Customers’ payments under a Flexilay plan are processed via your chosen payment provider and are separate from any fees payable by you to Flexilay.

9. Intellectual property

Flexilay™ and the Flexilay logo are trademarks of Flexilay Pty Ltd.

All intellectual property rights in the Service, including software, designs, logos, text and graphics, are owned by or licensed to Flexilay. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes, subject to these Terms.

You must not:

• Copy, modify, reverse engineer or attempt to derive source code from the Service;
• Remove or alter any proprietary notices; or
• Use the Flexilay name or marks in a way that suggests sponsorship or endorsement without our prior written consent.

10. Privacy

Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use and protect personal information. By using the Service, you acknowledge that we will handle personal information in accordance with that policy.

11. Service changes and availability

We may update, modify or discontinue parts of the Service from time to time. We will aim to provide reasonable notice of changes that materially affect your use of the Service.

We do not guarantee that the Service will be available at all times, or free from interruptions or errors, but we will use reasonable efforts to provide a reliable and secure service.

12. Disclaimers

To the extent permitted by law, the Service is provided on an “as is” and “as available” basis. We do not guarantee that:

• The Service will meet your specific requirements;
• The Service will be uninterrupted, timely, secure or error-free; or
• Data or metrics provided through the Service will be perfect in all circumstances (for example where third-party platforms delay updates).

13. Limitation of liability

To the extent permitted by law:

• We are not liable for any indirect, consequential or special loss arising out of or in connection with your use of the Service; and
• Our total aggregate liability to you for all claims arising out of or relating to the Service is limited to the amount of fees you paid to us in the 12 months before the relevant claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, certain consumer guarantees in Australia).

14. Indemnity

You agree to indemnify Flexilay against any loss, damage or cost arising from your breach of these Terms, your misuse of the Service, or your failure to comply with applicable laws and Connector platform rules in relation to your customers or transactions.

15. Termination

You may stop using the Service at any time.

We may suspend or terminate your access to the Service where you breach these Terms, we are required to do so by law or by a Connector provider, or continuing to provide the Service to you would expose us or others to material risk.

On termination, your right to use the Service will cease, but any provisions that by their nature should continue (such as intellectual property, limitations of liability and indemnity) will remain in effect.

16. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice, for example by email or via the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing law

These Terms are governed by the laws of the jurisdiction where Flexilay Pty Ltd is registered (for example, the laws of Tasmania, Australia), without regard to conflict of law principles.

18. Contact

If you have questions about these Terms, please contact us at:

Flexilay Pty Ltd
52 Wellington Street, Launceston TAS 7250, Australia
Email: support@flexilay.com