Terms of Service

Terms of Service

This Flexii’s website (the “Website”) and/or the Flexii application (the “Application”) (the Website and Application are collectively referred to as the “Platform”) is provided by FLEXII PTE. LTD. (“FLEXII”, “we”, “us”, “our”). These terms of service (the “Terms”) govern the access to and use of the Platform by its users (“you” or “your”), and such users can include customers and workers. .

Acceptance of Terms

  1. Your access to the Platform is subject to the Terms. If you do not agree to these Terms, you must immediately stop your use of the Platform. By clicking “Accept” and/or ticking the checkbox at the time of account creation or on the Platform which appears on, you hereby irrevocably consent and agree to the Terms. FLEXII reserves the right to change these Terms from time to time. Your continued access to the Platform shall be deemed as you having read, understood and accepted the revised Terms. You also irrevocably consent and agree that certain features of the Platform may be subject to additional terms and conditions and/or registration requirements.

FLEXII’s Services and Responsibilities

  1. Flexii is an internet and mobile application owned and operated by us which provides a platform allowing business operators (the “Customer”) to hire temporary workers on an assignment basis (the “Service”) via the Platform for a service fee for its services, including hosting, administering and providing the Platform (the “Service Fee”). Currently the Service is only offered in Singapore.
  2. After the Customer has created a Flexii account, the Customer may post an assignment request on the Platform (the “Shift”). Each Shift posting will include the pay (the “Pay”) to be paid to the worker. Interested applicants who have registered with Flexii (the “Worker(s)”) may sign up for the Shift with the Customer through the Platform.
  3. When the Worker has agreed to sign up for a Shift, the Worker has agreed to receive the Pay. Any other terms relating to the performance of the Shift shall be concluded directly between the Customer and the Worker.
  4. FLEXII will provide the details of the eligible Workers to the Customer via the Platform and the Customer will provide further information to the Worker pertaining to the terms and conditions of the Shift.
  5. All eligible Workers who are registered on Flexii must be Singapore citizens or permanent residents, at least of sixteen years of age, and legally allowed to work in Singapore. All Workers who registered with Flexii represent and warrant that they meet the aforesaid criteria and are eligible to work in Singapore.
  6. All eligible Workers acknowledge that FLEXII is only operating the Platform to connect the Customers and the Workers. FLEXII shall not be responsible and assumes no liability for any claims, judgments, losses and/or liabilities resulting from the Shift (including, but not limited to the amount of Pay and other terms of the Shift) posted by the Customers.
  7. To the fullest extent allowed by law, FLEXII disclaims representations and warranties of any kind, whether express or implied, FLEXII shall not be held liable for any terms of the Shift, or fulfillment of the Customers’ obligation of the Shift by the Customers. The Worker shall bear all risks arising out of their acceptance of the Shift.
  8. All Customers who register with the Platform represent and warrant that they are Singapore incorporated companies and are responsible for obtaining and keeping in force all necessary approvals, permits and licenses required by law for the operation of its business at its own cost and expense, and must ensure that the terms and conditions of such approvals, permits and licenses are strictly complied with.
  9. All Customers acknowledge that FLEXII is only operating the Platform to connect the Customers and the Workers. FLEXII is not involved in any services provided or supplied by the Workers. FLEXII shall not be responsible and assumes no liability for any claims, judgments, losses and/or liabilities result from any service provided by the Workers.
  10. The Workers are an independent contractor and not an employee of FLEXII. The Workers are not covered by the Employment Act and, therefore, do not receive employee benefits such as annual leave, CPF contribution, or insurance coverage. Kindly refer to Ministry of Manpower website and read on ‘Contract for Service’ to understand your role as an independent contractor.
  11. To the fullest extent allowed by law, FLEXII disclaims representations and warranties of any kind, whether express or implied, for any service provided by the Workers. FLEXII shall not be held liable for the quality, safety or legality of the service(s) provided by the Workers. Customer shall bear all risks arising out of your use of any Services, including without limitation any service(s) provided by any Worker, and shall not have any claim against FLEXII in respect of the same.

Fees and Payment

  1. We charge the Customer a Service Fee from the second Shift onwards at a rate of 30 percent of the Pay of each Worker per hour.
  2. On a weekly basis, the Customer undertakes to provide FLEXII, by means specified by FLEXII, which may be, for example, via direct messaging or via the Platform, the total number of Shifts and hours completed by any and all Workers it has hired and the Pay due to the Worker (s).
  3. From 30 minutes after the completion of the Shift, we will release payment of the Pay to the Worker on behalf of the Customer by direct bank transfer/PayNow and thereafter issue an invoice to the Customer. The invoice shall include the Service Fee and the Pay associated with the Worker and the completed Shifts or parts thereof. If at any point of time we are registered for the goods & services tax (the “GST”), the GST will be added to the invoice amount as required by law. The Customer may not refuse or withhold payment to FLEXII on the basis of the Worker’s performance or otherwise.
  4. The Customer will pay us the invoice amount in full by the end of the month of its issuance, unless otherwise agreed upon in writing.
  5. The Customer has the duty to:
    1. keep and maintain information records pertaining to the Worker as required by law; and
    2. pay all other fees, dues, taxes, Central Provident Fund (“CPF”), approved schemes, co-operative society fees or deductions and like payments payable by an employer or a sub-contractor in connection with Shifts performed by the Worker, when any of the aforesaid payments are applicable and fall due.
  6. The Worker has the duty to:
    1. provide complete and accurate information to FLEXII and the Customer; and
    2. pay all other fees, dues, taxes, CPF, approved schemes, co-operative society fees or deductions and like payments payable by an employee, independent contractor, or a sub-contractor in connection with Shifts performed by the Worker, when any of the aforesaid payments are applicable and fall due.

Relationships between Customers, Workers and FLEXII

  1. FLEXII operates as an independent contractor acting as an intermediary platform between the Customers and Workers through the Platform. FLEXII is neither an employer of the Workers nor an employee of the Customers.
  2. The Customer acknowledges that the Worker is an independent contractor of the Customer who is not eligible for employee benefits mandated under the Employment Act 1968. However, if an employer-employee relationship does exist in connection with the Shifts, the Customer is the sole employer of the Worker.
  3. The Customer, the Worker and FLEXII (collectively, the “Parties” and each a “Party”) agree that there is no express or implied employment, agency, joint venture or partnership agreement or other relationship between the Parties arising from the use of the Platform, except that the parties are all independent contractors under the terms herein.

Misrepresentation

  1. The Customer and/or the Worker are only allowed to register a Flexii account for themselves.
  2. No party may attempt to use another Customer or Worker’s Flexii account. Any Flexii account registered on behalf of another will be cancelled and deleted.
  3. Impersonating others on Flexii is strictly prohibited. The Customers and the Workers shall not mislead, confuse, or deceive others, including the information in relation to the identity, background, qualifications, type and size of business, purpose of the Shift, work to be done, conditions associated with the Shift or Pay and any other material fact.
  4. The use of someone else’s name, image, or other personal information to deceive others and falsifying associations with a business or organisation when you are not associated in any way is strictly prohibited. Pretending to be someone else or representing a business, individual, or organization that you are not associated with, constitutes fraudulent behaviour and is not allowed under any circumstance. For the avoidance of doubt, creating multiple accounts representing the same person constitutes a breach of the Terms. FLEXII may immediately terminate the relevant accounts of the Customer or the Worker without any notice.
  5. Any misrepresentation will lead to FLEXII terminating the relevant accounts of the Customers or the Workers immediately without providing any notice and FLEXII reserves all its rights against such person or entity.
  6. Any criminal behaviour will be reported to the relevant authorities and all relevant information FLEXII has about such behaviour and the relevant parties will be provided to the relevant authorities.

Intellectual Property

  1. The names, trademarks, service marks, button icons, and logos (the “Trademarks”) which appear on the Platform are registered or unregistered trademarks of FLEXII, its affiliates or licensors. Nothing stated herein should be construed as granting, indirectly, by estoppel, or otherwise, any license or right to use the Trademarks, and the like appearing on the Platform, without FLEXII’s prior written consent.
  2. All content and materials on the Platform, such as graphics, user interfaces, visual interfaces, photographs, Trademarks, logos, videos, images, sounds, applications, programs, software, computer code and other information (the “Content”), as well as the collection, arrangement, layout, design, and assembly of all content on the Platform (the “Compilation”) is provided by and exclusively belongs to FLEXII and is protected by copyrights and other intellectual property rights. You may only download or print or otherwise use the Platform’s Content and Compilation for personal non-commercial, non-transferable, temporary use only.
  3. You may not use the Platform’s Content or Compilation in any manner that defames, disparages or discredits FLEXII or any other person or entity, or in any way that is likely to cause confusion or violation of any applicable laws or regulations.
  4. You may not use, reproduce, copy, modify, translate, transmit, upload, post, display, publish, republish, sell, license, publicly perform, distribute or commercially exploit any of the Content and Compilation or otherwise dispose of any of the Content and Compilation in a way not permitted by FLEXII, without the FLEXII’s prior written consent.
  5. You may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code and technology that operates the Platform or create derivative works based thereon.
  6. FLEXII recognizes and respects intellectual property. As such, any usage of brand names, trademarks, logos, company names, or other names or pictures, titles or texts within the Platform, which are not connected and/or produced by FLEXII, are the property of the respective copyright or trademark holders. The rights of these third parties are strictly reserved.
  7. The use of data mining, robots, or similar data gathering and extraction tools on the Platform as well as the use of FLEXII’s Trademarks in meta-tags is strictly prohibited. You may view and use the Content and Compilation only for your personal use and information and for performing the act the Platform were designed for.
  8. You undertake to fully respect FLEXII’s intellectual property rights, including but not limited to its patents, Trademarks, designs, copyrights, goodwill, and any other registered or unregistered right now existing or later developed in any jurisdiction.

Indemnity

  1. You agree to defend, indemnify and hold harmless FLEXII, its affiliates, its directors, officers, employees, agents, assigns and third party contractors, from and against any and all losses, damages, costs (including legal costs), expenses, claims, demands, actions, fees, proceedings and other liabilities, including legal fees, due to or arising from your use of the Platform; your access or connection to the Platform; your violation of these Terms; your violation of any rights of another, including your breach of any agreement you may have with any Worker or Customer; your failure to comply with any applicable law, rule or regulation; your non-payment of any fee, payment, due, fine, which is imposed by law on you; your non-payment of the Pay or Service Fee; any other act, errors or omission in the performance of your duties except where such result solely from gross negligence, fraud or intentional misconduct by FLEXII. For avoidance of doubt, these obligations will survive the termination of your relationship with FLEXII or your use of the Platform. For the purpose of this clause 7.1, the words “you” and “your”, when referring to the Customer shall include employees, directors, agents and assignees.

Limitation of Liability

  1. FLEXII does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Platform or other contents accessible from the Platform.
  2. In no event shall FLEXII be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Platform, delays, inaccuracies or errors in the information or in the transmission of the Platform, or any information or transactions provided on or over the Platform or downloaded or hyperlinked from the Platform, or performance of the contents on this Platform, even if FLEXII has been advised of the possibility of such damages, or any interaction between the Customer and the Worker, including any agreement that the Customer and the Worker may enter into, even if FLEXII has been advised of terms and conditions of such agreement and/or the possibility of such damages that arise in relation to such agreement.
  3. If you are dissatisfied with any portion of the Platform, or with any of the Terms of Service, you should discontinue to use the Platform immediately.

Personal Data

  1. Your use of the Platform is subject to Flexii’s Privacy Policy.
  2. The collection and use of any information collected from you, including your personal data will be subject to Flexii’s Privacy Policy.

Confidentiality

  1. The Parties acknowledge that any oral or written information exchanged between the parties in connection with the Service are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is already in the public domain (other than through the receiving party’s unauthorised disclosure); or (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, or orders of the court or other government authorities. This Section shall survive the termination of the Terms of Service for any reason.
  1. We are not responsible or liable for the availability or content of any other internet site linked to or from our website. Access to any other internet site is at your own risk. If you create a link or frame to our Platform, you do so at your own risk.
  2. We reserve the right to object or disable any link or frame to or from our Platform.

Termination

  1. Notwithstanding whatever may be provided herein to the contrary, FLEXII has the right to terminate the Terms of Service at any time, without notice and without payment of any penalty, at its sole discretion.
  2. FLEXII also reserves all rights to deny or restrict access to the Platform by any particular person, or to block access from a particular IP address to its Website, at any time, without ascribing any reasons whatsoever.

Amendment

  1. Notwithstanding whatever may be provided herein to the contrary, FLEXII has the right to amend, vary or modify these Terms from time to time, without giving prior notice to you, at its sole discretion. Such amendments shall be effective upon publication of such amendment on the Platform.

Survival

  1. Clauses 2.5, 2.6, 6, 7, 8 and 17 and any remedies for the breach thereof, shall survive termination of these Terms of Service for a period of seven (7) years.

Remedies

  1. Any remedy or right conferred upon FLEXII for breach of these Terms of Service will be in addition to and without prejudice to all other rights and remedies available to it by law.
  2. Any waiver of any breach of this Terms of Service shall not be deemed to apply to any succeeding breach of the provision or of any other provision of this Terms of Service. No failure to exercise and no delay in exercising on the part of any of the Parties any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

Entire Agreement

  1. The Parties agree that these Terms constitute the entire agreement between them relating to the subject matter herein and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
  2. Each Party acknowledges that it has not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out herein. No Party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in these Terms.
  3. Nothing in these Terms purports to limit or exclude any liability for fraud.

Governing Law and Jurisdiction

  1. These Terms shall be governed by Singapore law.
  2. In the event of any dispute arising out of or in connection with these Terms, any Party may give FLEXII written notice of such a dispute and the Parties shall endeavour to resolve it by amicable negotiation within 30 days.
  3. If the dispute fails to be amicably resolved by way of negotiation within 30 days of the notice provided under clause 17.2, the dispute shall be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either Party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the mediator will be appointed by SMC. The mediation will take place in Singapore in the English language and the Parties agree to be bound by any settlement agreement reached.
  4. If the dispute fails to be resolved by mediation within 120 days from the date of the request to mediate, the dispute shall be referred to the Singapore courts.

Contact and Notices

  1. All notices under these Terms shall be in writing by email to the recipient’s registered email address as per the registration record kept by FLEXII. All notices shall be deemed received on the date the email is sent.
  2. If you wish to send in a request, have any questions or need assistance in using the Platform, please contact our Customer Support at support@flexii.net.