Helping you find what you need
The website (www.flexcollect.co) (the “Site”) for Flex Collect is a web based business collection service. This Site and other pages and websites with the Flex Collect branded logo are operated by FLEX COLLECT PTY LTD ABN 82 681 450 779 (“Flex Collect”, “we”, “us” or “our”). All usage of this Site, its Business Information, and the services provided through this Site (“Services”) is subject to these Terms of Service and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Site from time to time (“Terms”). Flex Collect may own or operate other websites that contain different terms of use.
Flex Collect or you become a member of the Site (all, Users). If you do not agree with any of the Terms of Service, or any changes to them, do not register on or use the Site.
If we amend the Terms in any material way, we will post a notice on this Site. Creditor’s continued use of the Site after notification of such material amendment to the Terms will signify your acceptance of the change in the Terms. The current version of the Terms will normally be available for your reference at flexcollect.co on the home page of the Site.
The following definitions shall apply to the Terms:
(a) “Affiliate” means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Person;
(b) “Authorised Representative” means any director, officer, employee, agent, or other representative of Flex Collect or an Affiliate of Flex Collect;
(c) “Business Collection Service” means information provided by you or other users of the Site relating to a company or organisation, including Debtor Information;
“Consumer Credit Legislation” means all legislation applying to the provision of Consumer Credit in Australia to consumers.
(d) “Debtor Information” means information provided by you or other users of the Site relating to the credit worthiness of customers of a business;
“Effective Date” means the date that the Creditors outstanding Invoice payable by the Debtor is uploaded and accepted into Flex Connect
(e) “Intellectual Property Rights” means all industrial and intellectual property rights both in Australia and throughout the world, whether now known or devised in the future, and for the duration of the rights including any patents, copyright, registered or unregistered trademarks or service marks, registered designs and commercial names and designations, circuit layouts, database rights and rights in relation to confidential information and trade secrets, whether or not registered or registrable;
(f) “Materials” means any materials that we provide to you in carrying out the Business Information Services;
(g) “Marks” means trademarks, service marks, logos and names and titles, of and associated with Flex Collect or an Affiliate of Flex Collect;
(h) “Laws” means (whether in Australia or any other relevant jurisdiction) all laws, codes, guidelines and the like, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory and mandatory codes of conduct, writes, orders, injunctions, judgements, Australian generally accepted accounting principles and industry-wide non-statutory rules in force or as applicable from time to time;
(i) “Person” means any individual, partnership, limited liability company, corporation, trust, estate, association, or any other legal or commercial entity;
(j) “Privacy Laws” means the Privacy Act 1988 (Cth) and any other applicable legislation, principles, industry codes, guidelines, codes of conduct or ancillary regulation relating to privacy or the handling of Personal Information by either Creditor or Us; and
(k) “User” means any Person using this Site.
(l) “You” means the Creditor utilising Flex Collect to recover monies from Debtors on the Creditors behalf.
This Site is intended to provide a Business Collection Service to allow Users to access information about businesses, including credit information, and permits you or third parties to amend Business Information on the Site (Business Information Services).
(a) Creditor acknowledge and agree that we may:
(i) monitor access to and use of the Site by you; and
(ii) cancel your access to the Site if we believe:
A. you have breached the Terms of Service; or
B. you are no longer eligible or authorised to access the Site.
(b) Access to the Site depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Site at all times or at any specific times.
(c) If You have entered into a service agreement with Flex Collect with respect to any third party collection, that agreement will apply to that integration in addition to these Terms,and will override these Terms to the extent of any inconsistency. Flex Collect will use reasonable endeavors to provide any collection services that you have agreed to use, but Flex Collect does not warrant or guarantee that the service will be fit for any particular purpose, performs to any particular standard or that it meets your specific needs.
(d) While we will take precautions to ensure the Site is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the Site and Users do so at their own risk.
(e) Creditors will at all times comply with all applicable Laws when you use the Site.
(f) The Site, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us and our Affiliates in connection with providing the Services, contain proprietary and confidential information of substantial economic value to us and our Affiliates. Creditors shall not make any unauthorised use, misuse, or disclosure of such information.
(g) The accuracy, completeness, and timeliness of all information provided to us by you via the Site are your sole responsibility. Creditor is responsible for all activities occurring under your accounts that are due to your conduct or inaction. Creditor is responsible for verifying the accuracy of transactions as entered including Business Collection and for information as received. Creditor undertakes that it will ensure that all information and data of any kind that you provide to us, whether directly, by using the Site, or via a module, third party software or service or an integration partner of Flex Collect, is true and accurate and, to the best of your knowledge, not misleading, deceptive, defamatory, discriminatory, offensive, obscene, indecent or otherwise unlawful or objectionable.
(h) Creditor warrant and represent to us that:
(i) you have obtained all necessary authorisations to enter into, and be bound by, these Terms either for yourself or on behalf of your firm, company or other organisation, as applicable, and to request each transaction requested by you;
(ii) you have obtained any necessary licences and consents to use any intellectual property of any third party and you must provide us with a copy of any such licence or consent on request;
(iii) you are least 18 years of age and have the legal capacity to enter this agreement;
(v) use reasonable efforts to prevent unauthorised access to or use of the Business Collection Services;
(vi) notify us promptly if you become aware of any possible or actual unauthorised access or use of the Business Collection Services;
(vii) publication of Business Information on the Site by you will not, at any time, infringe any Intellectual Property Right or any right of confidence or other right of any person;
(viii) you have reviewed our Privacy Policy and agree to be bound by our Privacy Policy as amended from time to time;
(ix) you have obtained the consent of all individuals whose personal information is included in any Business Information to:
A. the collection of that personal information by us;
B. the use and disclosure of that personal information in accordance with our Privacy Policy;
(x) you have not done anything with Personal Information (as that term is defined in Privacy Laws) handled in relation to your obligations and rights under these Terms that will cause us to breach our obligations under Privacy Laws;
(xi) you have ensured that when you collect, use, disclose, transfer or otherwise handle Personal Information in relation to your obligations and rights under these Terms, you have at all times complied with applicable Privacy Laws;
(xii) all accessible Business Information will be current and accurate, and will not mislead or deceive users of the Site;
(xiii) each website represented by any URL shown or embedded in the Business Information for your business:
A. is controlled and operated by your business or its independent contractor;
B. will be functional and accessible at all times;
C. is suitable in all respects, including (without limitation) subject matter, to be linked to the Site;
D. will not introduce a Virus, malware, spyware, disabling or malicious device or code, time bomb, or any other code that may cause harm to the us or our systems; and
E. will not post or transmit any material that is misleading, deceptive, unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, profane or indecent of any kind.
(xiv) publication of Business Information will not violate (or cause Flex Collect to violate) any applicable law, regulation, standard or relevant industry code;
(xv) each transaction requested by you relates only to services that you are entitled to receive through the Site;
(xvi) in any default you register the debt payable under these Terms, such registered debt must be at a minimum of AUD$100; and
(xvii) in any default you register the debt payable under these Terms, such registered debt must exceed your payment terms.
(i) Creditors authorise us, without further inquiry, to provide services and to release Business Information in accordance with your transaction request/s received by us, provided we receive apparently proper identification regarding such transaction requests. We reserve the right to refuse any request that we deem inappropriate, unreasonable, or illegal. We are not responsible for verifying the proper identification you provide to us. Notwithstanding the foregoing, we may require partial or full documentation or other verification to process any transaction whenever we, in our sole discretion, deem obtaining such documentation or other verification to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request. Creditors acknowledge that we may exercise this discretion more readily in certain cases, such as meeting our obligations under any applicable anti-money-laundering or similar law, regulation, or policy.
(k) If you discover that you have obtained access to information on the Site that you do not have authority to access, you agree to immediately terminate such access and inform us of such access in accordance with these Terms and any applicable Laws.
(l) Prices advertised on the Site are for Business Collection Services. Prices for some items may differ from those charged for other order entry methods. Prices and the availability of items are subject to change.
(m) If you have entered into a service agreement with Flex Collect, then clause 3(l) does not apply and the prices for Business Collection Services that we provide to you will be determined by the service agreement.
(n) By requesting information through the Site, you consent to the transmission of the requested information (which may include mobile telephony unique identifier information) through the Site and assume all risks of such transmission.
(o) Flex Collect will record any credit card details you provide to facilitate payment for the Services for future use. Flex Collect will encrypt such credit card details as specified in our Privacy Policy.
4. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
Creditor agrees you are bound by any affirmation, assent, or agreement you transmit through the Service, including but not limited to any consent you give to receive communications from us solely through electronic transmission. Creditor agrees that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. (or other words to align with upload)
IVAN (I - Intelligent, V - Virtual, A - Adaptive, N - Network) used in all communications is our advanced automated system designed to streamline interactions and enhance efficiency. It handles inquiries, provides timely updates, and manages processes within the platform. With IVAN, we ensure a seamless and responsive experience, allowing users to quickly access information, resolve issues, and stay informed. This automation optimises operations and improves overall satisfaction.
5. PAYMENT TERMS
Standard payment arrangement is a 20% fee collected by Flex Collect on successful collection of any invoice in our system. Schedule of fees are payable once invoice is accepted by the Flex Collect platform.
In the event that a debt is paid directly to a creditor, the fees still apply and will be invoiced directly to the Creditor by the Collecting Party in accordance with agreed payment terms, and in any event no later than 10 Business days.
Flex Collect will pay out any funds received in a accordance with agreed payment terms after funds collected from Debtor, and in any event no later than 10 Business Days
Any fees charged to the creditor or debtor is at Flex Collects discretion and it reserves the right to amend the fees at any time. Flex Collects processing fees are available directly at www.flexcollect.co/pricing and will be updated when amendments have been decided.
6. RESTRICTIONS ON USE
(a) Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other Person or Affiliate to:
(i) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by Flex Collect to its Users, in particular, you must not disclose Business Collection uploaded by users of the Site to non-users of the Site;
(ii) use promote or otherwise encourage the use of this Site or any Business Information for any illegal or unauthorised purpose;
(iii) infringe or violate the rights of third parties, including copyright, trademark, patent, rights of privacy, or any other proprietary or contractual right;
(iv) transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorised communication;
(v) copy, modify, or display our name, trademarks, or logo or those of any Affiliate of ours, or any text, graphic images, or other Business Information from this Site;
(vi) use devices (including software) that are designed to provide repeated automated access to this Site or probe, scan, or test the vulnerability of any system or network related in any way to this Site;
(vii) with the exception of web browser software, or other applications approved by Us, use any software, program, application or any other device to access or log on to the Site, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any Business Information from Site, including our computer system;
(viii) include any Mark, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and the Site;
(ix) collect or store Personal Information (as that term is defined in Privacy Laws) about other Users of this Site;
(x) transmit any material that contains any computer code or files that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment;
(xi) use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit;
(xii) identify Flex Collect or other users of the Site as the source of any Business Information;
(xiii) create a link from a website to any page of this Site unless the user or the operator of the other website has executed our then standard agreement for the granting of permission to establish such a link.
7. SITE MONITORING
(a) While we may monitor any use of this Site, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
(b) We and our Affiliates and Authorised Representatives may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms, the security of this Site, or for other lawful reasons.
(c) Creditor hereby waive and release us from any cause of action or other right with respect to us or our Affiliates or Authorised Representatives concerning any monitoring activities so undertaken.
8. DISCLAIMERS
(a) Flex Collect and its Affiliates do not warrant or makes any representations regarding the use or the results of the use of the materials in this site in terms of their completeness, accuracy, reliability, timeliness or otherwise nor any actions they undertake in collection activities, except those that cannot be avoided by operation of law.. Creditor acknowledges that the materials in this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
(b) Links in this Site, which link to other sites on the World Wide Web are not under the control of Flex Collect or any Affiliate or Authorised Representative of Flex Collect and none of such persons is responsible for the Business Information of any linked site or any link contained in a linked site, or any changes or updates to such sites.
(c) Flex Collect makes no warranty that:
(i) the operation of the site will meet the User’s requirements or expectations;
(ii) access to the site will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of error or malfunction;
(iii) the results that may be obtained from the use of the site will be accurate or reliable; or
(iv) errors or defects will be corrected and/or corrected within a specified period of time.
(v) that the collection activities undertaken by Flex Connect will recover any monies owed by Debtors
9. LIMITATION OF LIABILITY
(a) Creditor’s sole and exclusive remedy for our breach of any statutorily implied warranties, conditions or guarantees which cannot lawfully be excluded is, to the extent legally permitted, limited to, at our option, either providing the Business Collection Services again or paying the cost of providing the Business Collection Services again in respect of which the breach occurred.
(b) To the maximum extent permitted by applicable law, We exclude and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of your inputs or for any indirect or consequential loss arising out of or relating to the Business Collection Services or these Terms.
(c) To the maximum extent permitted by applicable law, our liability arising under or in connection with this agreement which is not otherwise excluded by paragraphs (a) and (b), is limited, in the aggregate, to the total amount paid or payable by you to us under this agreement in respect of the Business Collection Services under which such liability arose. Minimising liability for failure to collect to zero, as its not a fee.
(d) Our limitations and exclusions of liability as set out in this clause 11 apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
10. INDEMNIFICATION
(a) Creditor is liable for and agrees to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(i) any information, including debts being recovered, that is not accurate, up to date or complete or is misleading or a misrepresentation;
(ii) that the debt is governed by any applicable Consumer Credit legislation.;
(vi) any breach of these Terms; and
(vii) any misuse or unauthorised distribution of the Business Collection Services, the Site or the Materials from or by you, your employees, contractors or agents.
(b) Creditor agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Business Collection Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
(c) Creditors agree to indemnify us against any cost, loss, liability or damage suffered or incurred by us as a result of your use of the Site.
(d) The obligations under this clause will survive termination of these Terms.
11. ACCURACY, PRIVACY AND SECURITY
(a) Flex Collect collects personal information in accordance with its Privacy Policy, available at www.flexcollect.co and updated from time to time. By using the Services available on the Site the User acknowledges that it has read, understood and agrees to the Flex Collect Privacy Policy.
(b) Information contained on this Site or information electronically generated by this Site may contain information that has been provided to Flex Collect by third parties.
(i) Flex Collect has not verified the accuracy, currency, reliability or completeness of the information and makes no representation or warranty as to their accuracy, currency or reliability.
(ii) Flex Collect will have no liability to any persons for inaccuracy, omission, defect or error on Flex Collect or information electronically generated by Flex Collect.
(iii) The Search Extracts contained in the Australia Securities and Investments Commission (ASIC) System and ASIC Registers are based on information provided to ASIC by third parties.
(iv) ASIC has not verified the accuracy, currency, reliability or completeness of the Search Extracts and makes no representation or warranty as to their accuracy, currency or reliability.
(v) ASIC will have no liability to any persons for inaccuracy, omission, defect or error in the Test Database, ASIC System or ASIC Registers.
(c) If you believe that:
(i) the security of this Site has been breached; or
(ii) your information on the Site may have been used without your authorisation; or
(iii) this Site contains any inaccurate information, infringes any law or these Terms,
please notify us by email accounts@flexcollect.co
12. INTELLECTUAL PROPERTY
(d) Creditors acknowledge and agree that any and all current and future intellectual property rights associated with the Site, including such rights with respect to any name or mark that we may develop for, or use in connection with, the Site, is, and will be owned by us or their respective owners. Nothing in these Terms gives or is intended to give you or any User any claim for ownership of or any rights in such intellectual property.
(e) The following restrictions apply to the content of the Site:
(i) you agree that the content of the Site is our property or the property of our customers (as the case may be) and is subject to protection by Australian and international intellectual property laws;
(ii) subject to these Terms, and except as expressly indicated otherwise, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of our content or Business Information (or any portion thereof) without our prior written approval.
(iii) you may only use and download materials that are made available on the Site for your own internal use;
(iv) you may not use, distribute, modify, transmit, or post any of our content or Business Information obtained from the use of the Site or any functions of the Site for public or commercial purposes without our express written permission including but not limited to reselling access to any such materials or to redistributing or facilitating the redistribution of any such materials for sale to others;
(v) you may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials;
(vi) you hereby assign to us copyright in any document owned by you which you uploaded onto the Site; and
(vii) if you enable third-party applications for use in conjunction with the Site, you acknowledge that you have assigned to us copyright in any document owned by you which you uploaded or created within the third-party application.
(f) Except as set out in paragraph (c) above, nothing contained in these Terms or this Site grants any license or right to use any of the Marks displayed on this Site. Creditors agree not to use the Marks.
(g) Creditors agree that any material, information, and ideas that you transmit to Flex Collect for inclusion in the Site shall be treated as non-confidential and non-proprietary information. Flex Collect shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner that does not reveal your identity.
13. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS
(a) If you breach any of these Terms or we anticipate you will breach any of these Terms, we may terminate any right granted to you in these Terms.
(b) We may suspend or terminate your access to the Site at any time without giving notice or a reason for such suspension or termination.
(c) We may modify or discontinue all or any portion of the Site, any function made available thereby, any Business Information Services made available thereby or any document uploaded onto the Site by you at any time without prior notice.
(d) We may block access to the use of all or any portion of the Site or any function of the Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this agreement.
(e) We reserve the right to block access to all or any portion of the Site if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.
(f) The Site may be unavailable at times due to no fault of ours.
14. JURISDICTION AND APPLICABLE LAW
(a) Unless otherwise specified, we control and operate this Site from our offices within Australia. The Services and products described and information provided through this Site are directed to, and are not intended for distribution to, or use by, any Person in any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject us or any of our Affiliates or Authorised Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Site do so at their own initiative, and are responsible for compliance with applicable local laws or regulations.
(b) The laws of the State of New South Wales will govern the Terms and any dispute of any type that may arise between a User and Flex Collect and its Affiliates and Authorised Representatives concerning or arising out of the use of this Site.
(c) If either party takes legal action relating to these Terms, both of us consent and agree to submit to the exclusive personal jurisdiction and venue of the courts of New South Wales with respect to such matters.
15. MISCELLANEOUS
(a) Creditor acknowledge, these Terms constitute the entire understanding between us and you and supersedes all other prior or contemporaneous negotiations, agreements or understandings whether written or oral between us and you or otherwise published by us relating to the supply and installation of the Business Information Service and the other services provided under this agreement.
(b) Notwithstanding any other provision of this agreement, neither party will be liable for any failure to perform its obligations under this agreement where that performance is delayed, prevented, restricted or interfered with as a result of a fire, flood, earthquake, utility failure, elements of nature or act of God, riot, civil disorder, rebellion, acts of war or terrorism, telecommunication breakdowns or interruptions and power failures.
(c) We may subcontract the whole or any part of our obligations under this agreement without obtaining your prior written consent. Creditors will not assign any of your rights or obligations under this agreement without obtaining our prior written consent.
(d) If any of these Terms are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
(e) The headings of the provisions hereof are for descriptive purposes only and will not modify or qualify any of the rights or obligations set forth in such provisions.