STANDARD TERMS AND CONDITIONS OF FLEXAR
1 GENERAL TERMS. 2
2 DEFINITIONS. 2
3 ELIGIBILITYFOR MEMBERSHIPS. 5
4 RATE OFFERSAND MEMBERSHIP PLAN.. 7
5 TERMINATION,SUSPENSION AND DISCONTINUATION.. 8
6 RESERVING ANDRENTING A FLEXAR CAR. 10
7 USEROBLIGATIONS AND RESTRICTIONS ON USE. 11
8 ENDING THERENTAL PERIOD. 15
9 PAYMENT OFFEES AND INVOICING.. 16
10 ADDITIONALFEES. 18
11 INSURANCE. 18
12 LIMITATION OFLIABILITIES AND INDEMNITIES. 19
13 DISCLAIMERS. 20
14 ACCIDENTS,DAMAGE TO OR THEFT OF FLEXAR CAR. 20
15 NOTICES TOMEMBERS. 22
16 PERSONAL DATAPROTECTION. 22
17 SERVICEINTERRUPTIONS. 23
18 DISPUTERESOLUTION AND GOVERNING LAW.. 23
19 OTHERS. 23
Schedule 1 – EligibilityCriteria. 25
Schedule 2 – Rate Offers. 26
Schedule 3 – Paid Membership. 27
Schedule 4 – ChangingMembership Plans. 28
Schedule 5 – Termination ForCause. 29
Schedule 6 – Additional Fees. 30
Schedule 7 – Insurance. 35
1.1 Please read these Terms and Conditionscarefully. By installing the Flexar App (as defined below), accessing and/orusing any of the Flexar Services (as defined below), you hereby expresslyacknowledge and agree that you have read, reviewed, understood and agreed to bebound by these Terms and Conditions which are applicable to you.
1.2 We may amend the terms in the Terms andConditions, including the attached Schedules, from time to time at our solediscretion. Such amendments are effective once they are posted on the Flexar Websiteand/or the Flexar App. It is your responsibility to review the Terms andConditions and other policies, if applicable, regularly. It is yourresponsibility to review the Terms and Conditions and any other applicablepolicies regularly to remain informed of any updates.
1.3 If you do not accept any such amendments, youmust terminate your Membership (as defined below) in accordance with this Termsand Conditions and discontinue accessing and/or using the Flexar Services. Forthe avoidance of doubt, your sole and exclusive remedy in this event will be toterminate your Membership in accordance with the termination procedures underthis Terms and Conditions.
1.4 If you have questions regarding this Terms andConditions, please contact us via the live chat function in the Flexar App or onthe Flexar Website.
1.5 Your continued use of the Flexar Services or FlexarApp after any such amendments, whether or not reviewed by you, shall constituteyour agreement to be bound by such amendments.
2.1 “Account” meanstheunique registered user profile created through the Flexar App that isassociated with your personal information, verification credentials, paymentmethod(s), Membership plan(s), usage history, through which you access, manage,and interact with the Flexar Services. A valid Account is required to apply forand maintain a Membership.
2.2 “Affiliates” means any entity thatdirectly or indirectly controls BlueSGPte. Ltd., is controlled by BlueSGPte. Ltd., or is under common controlwith BlueSG Pte. Ltd., where"control" means the possession, directly orindirectly, of the power to direct or cause the direction of the management andpolicies of such entity, whether through ownership of voting securities, bycontract, or otherwise, and shall include the successors, assigns, andpermitted transferees of any such entity.
2.3 “ActivationDate” meansthe date on which you have successfully completed all required steps for thecreation of a Membership and are granted access to the Flexar Services, as set outin Clause 4 herein.
2.4 “AdditionalFees” means the additionalfees payable by you to Flexar including, without limitation, fees arising fromviolations, acts or omissions or other failures to comply with the Termsand Conditions. The instances andamounts of such Additional Fees are set out in Clause 10 and Schedule 6herein.
2.5 “ApplicableLaws” means all applicablelaws, statutes, regulations, rules, codes of practice, guidelines, directives,notices and requirements having the force of law, as amended or re-enacted fromtime to time, in the Republic of Singapore.
2.6 “CDW” means collision damage waiver, the details of whichare set out under Schedule 7.
2.7 “CompletelyUnavailable” means a situationin which the Flexar Services are entirely inaccessible to Members across alllocations in Singapore, due to a complete system outage, service suspension, orother cause attributable to Flexar. For the avoidance of doubt, theunavailability of a Flexar Car or Designated Parking Space or DedicatedParking Space at a specific locationor at a specific time does not constitute Complete Unavailability.
2.8 “CustomerExperience Centre” meansFlexar’s 24/7 help centre, accessible via the live chat function via the FlexarApp for support, including accident and claim reporting, Membership and billingenquiries via email (as listed on the Flexar Website).
2.9 “EligibilityCriteria” means the conditions that Members need to fulfill to have anAccount and Membership as set out in Clause 3 and Schedule 1herein.
2.10 “DedicatedParking Space” has its meaning ascribedin Clause 6.
2.11 “DesignatedParking Space” has its meaningascribed in Clause 6.
2.12 “DynamicPricing” means a pricing modelunder which Fees such as Rate Offers, Rental Fees and surcharges are subject toreal-time variation based on a range of factors, including but not limited tovehicle demand and availability, time of day, duration of rental, location, andother operational considerations. Under this model, the applicable Fees will benotified to you for acceptance prior to your confirmation of reservation orrental of a Flexar Car.
2.13 “EMAS”means ExpresswayMonitoring and Advisory System.
2.14 “Excess” means the Own Damage Excess and Third-Party Excesspayable by you in accordance with Clause 11 and Schedule 7.
2.15 “Fees”means all charges andpayments payable by you as set out in the terms herein, including but notlimited to the charges set out in Clause 3.3.3.
2.16 “Fine”means each fine,penalty, fee, charge or any other sum imposed by any relevant authority inconnection with Traffic Breaches, and “Fines” shall be construedaccordingly.
2.17 “Flexar”means the brand andtrademark which is owned by BlueSG Pte. Ltd. (Company Registration No.:201617258W), a company incorporated in Singapore and having its registeredoffice at 48 Changi South Street 1, Singapore 486130, and “we”, “our”and “us” (whether capitalised or not) shall be construedaccordingly.
2.18 “FlexarCar” means a self-serviceautomobile supplied by BlueSG Pte. Ltd. and “Flexar Cars” shall have thecorresponding meaning.
2.19 “FlexarCar Accessories” means allequipment present in and provided with a Flexar Car including, withoutlimitation, the Flexar Car key, card reader / on board unit (OBU), fuel cards,dashcam, mobile phone holder and safety equipment (e.g. warning triangle).
2.20 “FlexarApp” means the mobileapplication operated by BlueSG Pte. Ltd. and designated as “Flexar” or “FlexarMobility”, downloadable from the Apple App Store, Google Play Store and anyother platform as may be designated by BlueSG Pte. Ltd. from time to time.
2.21 “FlexarServices” means the servicesprovided by BlueSG Pte. Ltd., namely:
2.21.1 reservationand operation of Flexar Cars;
2.21.2 reservation and use of DesignatedParking Space or Dedicated Parking Space for parking of Flexar Cars;
2.21.3 access to and use of the Flexar App;and
2.21.4 all other services from time to timemade available to the Member by BlueSG Pte. Ltd., including those necessary forthe smooth operation of the above services.
2.22 “FlexarWebsite” means www.flexar.com.sg.
2.23 “FlexarZone” means the main islandof Singapore, Sentosa and Jurong Island.
2.24 “GST” means Goods and Services Tax at the applicable prevailingrate.
2.25 “InsuranceCover” means the limitedinsurance policy provided by a third-party insurer to BlueSG Pte. Ltd. whichcovers Members’ liability for third-party property damage, personal injury ordeath in accordance with the Motor Vehicles (Third-Party Risks andCompensation) Act 1960 of Singapore, which are subject to the exclusions and limitsspecified in Clause 11 and Schedule 7 herein.
2.26 “Insurer” means the third-party insurer for the InsuranceCover.
2.27 “LocationSurcharge” has the meaning ascribed to it under Schedule 2 herein.
2.28 “Member” means a natural person who has subscribed to the FlexarServices in accordance with this Terms and Conditions and “you” and“your” (whether capitalised or not) shall be construed accordingly. Legalentities as defined under the Applicable Laws are not eligible for subscriptionto the Flexar Services.
2.29 “Membership” means being a Member and having a Membership Plan.
2.30 “MembershipPlan” means having a FreeMembership or Paid Membership (if and when applicable) in order to access the FlexarServices, which continues for an initial period of one (1) month, automaticallyrenewing for successive one (1) month periods unless terminated in accordancewith the terms set out herein.
2.31 “MembershipFees” means the amountpayable by you for the Paid Membership (if and when applicable) selected as setout in Schedule 3 herein.
2.32 “MembershipPeriod” means the initial andeach subsequent one (1) month period of your Membership, starting from theActivation Date, and renewed in accordance with the terms set out herein.
2.33 “OwnDamage Excess” means the excesspayable by you for damage to the Flexar Car as set out in Schedule 7.
2.34 “PaidMembership” (if and whenapplicable) means a Membership whereby Membership Fees are payable. Additionalterms and conditions applicable to Paid Memberships are set out in Schedule3 herein.
2.35 “PaymentCard” means avalid debit or credit card accepted by Flexar, as stated on the Flexar Website.
2.36 “PDPA” means the Personal Data Protection Act2012 of Singapore.
2.37 “PersonalData” means data about anindividual who can be identified from that data, or from that data and otherinformation that Flexar has or is likely to have access to.
2.38 “PromotionalCode” has the meaningascribed to it under Clause 9.12.
2.39 “RateOffers” means the schedule ofrates, charges and fees applicable to your Membership Plan, as set out in Schedule2 and the Flexar App, the Flexar Website, or as otherwise communicated toMembers, and which forms part of this Terms and Conditions.
2.40 “ReleasedParties” means Flexar, its Affiliates, subsidiaries, relatedentities, and each of their respective officers, directors, shareholders,employees, contractors, agents, successors, and assigns.
2.41 “RenewalDate” means the monthlyanniversary of the Activation Date.
2.42 “RentalFees” means the amountpayable by you to rent a Flexar Car, calculated in accordance with yourselected Membership Plan or Rental Package, and subject to Dynamic Pricing.
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2.45 “RentalPeriod” means the periodcommencing from the time you start the rental of a Flexar Car until thecompletion of the procedure specified under or as otherwise prescribed by Clause8.
2.46 “Losses” has the meaning ascribed to it under Clause 12.1.
2.47 “Third-PartyExcess” means the excesspayable by you for third-party property damage or personal injury caused duringyour Rental Period, as set out in Schedule 7.
2.48 “Traffic Breaches” meansbreaches of traffic, parking, toll or other road-related laws and regulationsarising from your use of the Flexar Service, and “Traffic Breach” shallbe construed accordingly.
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2.50 “$” means Singapore Dollars, the lawful currency of theRepublic of Singapore.
3.1 As a condition to using and accessing the FlexarServices, you are required to register for a Membership. By creating aMembership, you acknowledge that you have read, and understood, and agree to bebound by all of the terms and conditions relating to your Membership statedherein, including the Rate Offer.
3.2 You are eligible to apply for a Membership ifyou meet the Eligibility Criteria as set out in Schedule 1. By applyingfor a Membership, you represent and warrant to us that you fulfil and canfurnish proof of such fulfilment at any time as requested by us, of all theEligibility Criteria as applicable to you.
3.3 To apply to become a Member, you must:
3.3.1. Complete the Membership application process viathe Flexar App;
3.3.2. Pay the first instalment of the Membership Fee(if any) using your Payment Card ;
3.3.3. Add a valid Payment Card to your FlexarAccount, thereby authorising Flexar to automatically charge this card for:
a. future Membership Fees based on your selectedPaid Membership (if any);
b. all Rental Fees, Additional Fees, reservationfees, Own Damage Excess, Third-Party Excess and any other Fees costs (includingany penalties as stated in Schedule 6) and applicable surcharges(including reservation, platform, cancellation/no-show, excess kilometre,peak/location, vehicle type, and optional add-ons such as CDW) will be chargedto the Member’s account. Ad-hoc charges (e.g., ERP) and any applicablepenalties (e.g., cleaning or smoking) will be passed on to the Member at costwith a 2.8% processing fee. Accident-related charges (including excess,downtime, or loss-of-use fees) will incur processing fees depending on thepayment method used. All charges are subject to prevailing GST;
c. any reasonable expenses or fees, includinglegal or third-party expenses, incurred by Flexar in recovering unpaid sums;
d. a late fee of 5% of the total outstandingamount will be applied to any invoices (including rental, ERP, penalties, andaccident-related charges) that remain unpaid for more than seven (7) days fromthe issue date. For the avoidance of doubt, in addition to applicable latefees, we reserve the right to engage a debt collection agency if paymentremains outstanding for more than thirty (30) days. If any balance continues toremain unpaid, the matter may be reported to the Credit Bureau Singapore (CBS),which may adversely affect your credit score and ability to obtain credit inthe future; and
e. a $5 authorisation hold will be placed on yourpayment method at the time of reservation. This amount will be released if thereservation is cancelled, expires, or does not proceed to a rental. If thereservation converts into a rental, the $5 will be included in and charged aspart of the total rental amount.
(collectively referred to as “Fees”).
3.4 We may reject Membership applications fromindividuals in our sole discretion. Further, by applying for a Membership, youacknowledge and agree to authorise us, at any time, to conduct credit and/orbackground checks to assess risk associated with the provision of any FlexarServices to you. Based on the outcome of such checks, we may reject yourMembership application or discontinue Flexar Services already in progress,without obligation to disclose any reason.
3.5 Holders of expired, suspended, cancelled,withdrawn, restricted, or otherwise invalid driving licences, or whose licenceshave been lost or stolen, are not eligible for Membership. If, during theMembership Period, your driving licence becomes expired, suspended, cancelled,withdrawn, restricted, lost, or otherwise invalid, or you otherwise no longerfulfil the Eligibility Criteria, you must notify the Customer Experience Centreimmediately and cease use of the Services, and your Membership shall beterminated.
3.6 Driving without a valid licence renders youineligible for Insurance Cover and liable for any penalties imposed underApplicable Laws or by Flexar. You shall indemnify and hold Flexar harmless fromall losses, liabilities, claims, damages, costs, and expenses (including legalfees) arising from arising from or in connection with such circumstances.Without prejudice to Flexar’s other rights under this Terms and Conditions, Flexarmay, in its sole discretion, immediately suspend or terminate your Membershipwithout notice and without any refund of Membership Fees (if any), Rental Fees,reservation fees, or any other amounts already paid, if you operate a FlexarCar without a valid driving licence. You shall also remain liable for alloutstanding amounts owed to Flexar, for any other losses, damages, costs, orexpenses incurred by Flexar arising from or in connection with yourunauthorised use of the Flexar Services.
3.7 Meeting the Eligibility Criteria does notautomatically guarantee Membership. Approval of your Membership application isat Flexar's sole and absolute discretion and may be subject to additionalcriteria imposed by either Flexar or its Insurer from time to time. We willnotify you of the outcome of your application through the Flexar App or viaemail.
3.8 Your Membership is personal to you and isnon-transferable. You must not, under any circumstances, permit any otherperson to access or use the Flexar Services with your Membership.
4.1 Members can select among the different MembershipPlans, that each come with the applicable Rate Offers as set out in Schedule2 and the Flexar App, and Membership Fees to suit different usagepreferences:
4.1.1 Free Membership: No MembershipFee shall apply and only the applicable Rate Offers will be payable; or
4.1.2 Paid Membership (if and when applicable): A MembershipFee shall apply, together with the applicable Rate Offers and any additionalbenefits and terms as set out in Schedule3.
Termsgoverning changing your Membership Plan can be found in Schedule 4.
4.2 For the avoidance of doubt, the Rate Offers maybe subjected to Dynamic Pricing. Notwithstanding the above, the applicable RateOffers will be notified to you for acceptance prior to your confirmation ofreservation or rental of a Flexar Car.
4.3 We reserve the right to introduce, modify, orwithdraw any Rate Offers or Membership Plans at any time without prior notice,and to make such offers available to any category of Members, in our solediscretion.
4.4 We may also limit the availability of RateOffers to specific periods, locations, user segment or other operationalconsiderations. Members acknowledge that such changes may take place withoutprior notice, at Flexar’s sole discretion. Flexar shall not be liable for theunavailability of any Rate Offers or any change in pricing structure.
4.5 We may from time to time make limited-timeoffers for longer duration rentals to specific Flexar Cars or Flexar Services (whichinclude, but are not limited to Rental Packages and Rental Passes) to anycategory of Members at our sole discretion via the Flexar App. Additional termsfor these limited time offers (if and when applicable) are set out in Schedule2.
4.6 Each individual Member may only hold one (1)active Membership Plan at any given time. Any attempt to apply for or maintainmore than one active Membership on different Accounts simultaneously is notpermitted and will be deemed invalid and of no effect.
4.7 Your Membership will start on the ActivationDate.
4.7.1 For Free Memberships, this shall be the date onwhich your Membership setup is completed, including verification via SingPassor any other identity authentication method as may be prescribed by Flexar.
4.7.2 For Paid Memberships (if and when applicable),the Activation Date is as set out in Schedule 3 herein.
5.1 Termination for Cause: Wemay, in our sole and absolute discretion, immediately terminate or suspend yourMembership without prior notice, upon the occurrence of any of events set outin Schedule 5.
5.2 Termination without Cause: Notwithstandinganything contrary in this Terms and Conditions, we may, in our sole andabsolute discretion, terminate or suspend your Membership at any time withoutassigning any reason. We may, but shall not be obliged to, provide reasons forsuch termination or suspension. You shall have no claim or remedy against Flexararising from or in connection with any such termination or suspension.
5.3 Blocked: Ifyour Membership is suspended for any reason including but not limited to breachof this Terms and Conditions, you shall remain liable for all Membership Fees(if any) and other Fees accruing during the period of suspension untiltermination of your Membership in accordance with the terms herein. Theeffective date of suspension of your Membership shall be the date on which therelevant notice of suspension is sent to you via email. Save in the case whereyou incur any Excess pursuant to Clause11 and Schedule 7, the effective date shall be as otherwisecommunicated to you by Flexar via email.
5.4 In the event of termination under this Sectionand/or relevant Schedules, we shall not be obliged to refund any portion of theFees already paid by you and you shall remain liable to pay any outstandingFees and amounts accrued prior to the termination. We also reserve the right topursue all legal remedies available under Singapore law to recover any unpaidamounts.
5.5 Further, we reserve the right to deny you anycurrent or future use of or access to the Flexar Services, for any reason wedeem appropriate, including but not limited to the protection of ouroperations, legal position, or other Members.
5.6 Discontinuation: Youmay, during your Membership Period, and for any reason whatsoever, discontinueyour Membership by choosing from the following options:-
5.6.1 Membership Cancellation for PaidMemberships (Temporary Deactivation): You may request tocancel your Paid Membership, with such cancellation taking effect on the nextRenewal Date. Until such time, your entitlement to use and access the FlexarServices shall continue under your current Paid Membership Plan. No refund orcredit will be provided for any unused portion of the Paid Membership orassociated benefits (if any). After cancellation, your Flexar Account andassociated data will be retained. You may reactivate your Paid Membership inthe future by or selecting a new Membership plan, subject to Flexar’s approvaland the prevailing terms. The effective date of cancellation of your Paid Membershipshall be the date on which the relevant notice of cancellation is sent to youvia email. Save in the case where you incur any Excess pursuant to Clause 11 and Schedule 7, theeffective date shall be as otherwise communicated to you by Flexar via email.
5.6.2 Account Deletion (Permanent Termination): Youmay request to permanently delete your Flexar Account via the Flexar App. Uponconfirmation of the request, your Account and all associated data will bescheduled for deletion and/or anonymisation in accordance with Applicable Laws.ACCOUNT DELETION IS PERMANENT AND IRREVOCABLE. If you wish to access anduse the Flexar Services in the future, you must create a new Account andcomplete all applicable registration and verification steps in accordance withthe prevailing terms. All unused Fees paid, benefits, or entitlements (if any) asof the deletion date will be permanently forfeited and are non-refundable andnon-transferable.
5.7 For Paid Memberships (if and when applicable),additional terms apply in Schedule 3 herein if your Paid Membership isterminated by us or discontinued by you.
5.8 For Members with a Free Membership, please notethat if you do not accept any amendments to this Terms and Conditions, yoursole and exclusive remedy shall be to terminate your Membership immediately.You may continue to use the Flexar Services only to the extent necessary toeffect such termination. Continuing to access or use the Flexar Services aftersuch or any amendments means you are deemed to have accepted such or anyamendments in full. For Paid Memberships (if and when applicable), additionalterms apply in Schedule 3 herein. For the avoidance of doubt, if youaccept the amended terms, you remain entitled to upgrade or downgrade yourMembership Plan thereafter, subject to the terms in Schedule 4 herein.
5.9 Termination or discontinuation of yourMembership, whether by you or by us, shall result in the termination of this Termsand Conditions, save that any provisions which by their nature survivetermination (including, without limitation, provisions relating to paymentobligations, indemnities, limitations of liability, dispute resolution, andgoverning law) shall continue to apply in full force and effect. In addition, wereserve the right to recover from you all Fees, charges, costs, and expensesincurred prior to or arising out of the termination, in accordance with the termsherein.
5.10 Upon termination or discontinuation of yourMembership, save for as explicitly set out herein, all rights granted to youunder this Terms and Conditions shall immediately cease. You shall promptlyreturn any property belonging to Flexar and fully settle all outstanding duesand obligations.
Reserving and Renting a Flexar Car:
6.1 Reservation of Flexar Cars shall be made viathe Flexar App only. Rental Packages or Rental Passes (if and when applicable)may, if available, also be made available for booking via the Flexar App.
6.2 After reserving a Flexar Car via the FlexarApp, the rental of the Flexar Car must be started within the timeframestipulated by Flexar in the Flexar App.
6.3 You must click the “start rental” button inyour Flexar App to start a rental.
6.4 If you reserve a Flexar Car but do not startthe rental within the stipulated time period, all applicable fees (if any)under the Rate Offer and the applicable Additional Fees (set out in Schedule 1)shall remain payable. Flexar may, at its sole discretion, review thecircumstances surrounding your failure to start the rental. Where Flexardetermines, in its sole discretion, that you have provided a valid andacceptable reason, it may elect to refund Fees paid in whole or in part. Suchdecisions shall be final and made entirely at Flexar’s discretion.
6.5 As a self-service operation, we shall not beliable to you if a Flexar Car is unavailable or if a reservation cannot behonoured, due to events beyond our control. In such cases, please contact theCustomer Experience Centre, which may direct you to the nearest available FlexarCar. You may be given a complimentary rental period at Flexar’s sole discretionto get to the alternative vehicle.
6.6 For detailed instructions on how to use the FlexarCar, please refer to the Flexar Website.
Reserving a Parking Space:
6.7 You may make a Designated Parking Space orDedicated Parking Space reservation for a parking space designated for use by Members for theparking of Flexar Cars via the Flexar App. Please ensure that youfollow the instructions as made available for the respective parking spaces onthe Flexar App.
6.8 Designated Parking Space:refers to parking lots located within zones designated by us from time to time,as indicated on the App. For the avoidance of doubt, Designated Parking Spacesare not painted or marked as exclusive and are not reserved solely for our use.Accordingly, the availability and location of Designated Parking Spaces mayvary and may be changed by us on a day-to-day basis.
6.9 Dedicated Parking Space:refers to parking lots that are exclusively allocated for our use. Such parkingspaces are clearly marked and painted to indicate their dedicated status.
6.10 Once reserved, the Designated Parking Space or DedicatedParking Space will be held reserved for a limited reservation period. If youreserve a Designated Parking Space or Dedicated Parking Space but do notutilise this reservation within the reservation period, both the applicablereservation fee and Additional Fees (set out in Schedule 6) shall remainpayable. Flexar may, at its sole discretion, review the circumstancessurrounding your failure to utilise the reservation. Where Flexar determines,in its sole discretion, that you have provided a valid and acceptable reason,it may elect to refund any Fee paid in whole or in part. Such decisions shallbe final and made entirely at Flexar’s discretion.
6.11 Flexar will not be responsible if a DesignatedParking Space or Dedicated Parking Space is unavailable or if a reservationcannot be honoured due to circumstances beyond its control (e.g. due tounauthorised vehicles occupying the space). In such an event, please contact usvia the live chat function in the Flexar App and we will assist in locating analternative parking space. You may be given a complimentary rental period at Flexar’sdiscretion to travel to the alternative location.
6.12 Flexar reserves the right to vary reservationfees at any time, at its sole discretion. The applicable reservation fees willbe notified to you through the Flexar App prior to your confirmation of areservation.
6.13 For the avoidance of doubt, we may employ aDynamic Pricing model for all rental and reservation of Flexar Cars.
6.14 Before you confirm any reservation or begin arental of a Flexar Car, the applicable reservation fee or rental rate will bedisplayed to you on the Flexar App. It is your responsibility to review thereservation fee or rental rate notified prior to proceeding with a reservationor starting a rental. By confirming a reservation or starting a rental, youacknowledge and agree to the fees displayed at the time of your confirmation orstarting of the rental.
6.15 The applicable reservation fee and rental rateare determined at the moment of confirmation and are not subject to retroactiveadjustments. However, displayed fees may change without notice prior toconfirmation (e.g., during browsing or selection). Flexar does not guaranteeprice consistency until a rental or reservation is confirmed.
6.16 Flexar shall not be liable for anydiscrepancies in reservation fees or rental rates arising from technicalissues, connectivity delays and/or other factors beyond Flexar’s control. Inthe event of manifest error or system malfunction, Flexar reserves the right tocancel the rental or reservation and offer a refund or other alternativearrangement at its sole discretion.
6.17 In addition to the reservation Fee and RentalFee, Flexar reserves the right, at any time, to impose a Location Surcharge (asdefined under Schedule 2) at its stations.
7.1 You must operate the Flexar Car responsibly andwith all due care and attention.
7.2 You must, at all times, comply with allApplicable Laws, rules, regulations, policies and restrictions relating to youruse of the Flexar Car.
7.3 Upon arriving at the Flexar Car, you will begiven complimentary rental minutes, as determined by Flexar, to visuallyinspect the exterior and interior of the Flexar Car upon first access.
7.4 If the Flexar Car has any visible damage,missing parts, or is unclean, you must immediately inform Flexar via the FlexarApp with full details of the same. You are also required to verify the presenceof the Flexar Car Accessories. If any Flexar Car Accessories are missing, youmust immediately notify Flexar via the Flexar App with full details of suchmissing Accessories. Failure to report any such issues before departing the DesignatedParking Space or Dedicated Parking Space will result in you being heldresponsible for the damage, uncleanliness, or missing Flexar Car Accessories.In addition to the applicable repair or replacement costs for such missing FlexarCar Accessories, you will be charged Additional Fees for failing to report thesame.
7.5 You must take all reasonable care of the FlexarCar. Save for ordinary wear and tear, you must return the Flexar Car to us inthe same condition as when you received it.
7.6 You are required to maintain the cleanliness ofthe Flexar Car. For the avoidance of doubt, absolutely no pets are permitted ina Flexar Car not designated for this purpose, under any circumstanceswhatsoever, at any time before, during, or after your Rental Period. It is yourresponsibility to remove all trash and personal belongings upon the end of therental period, and to leave the Flexar Car in a clean and tidy state for thenext user.
7.7 At all times during the Rental Period, orwhilst otherwise accessing, operating or using a Flexar Car, you must carrywith you a valid driving licence or other certification as is legally requiredto permit you to drive a motor vehicle in Singapore, in accordance with theEligibility Criteria and as required under this Terms and Conditions. You must,upon request by Flexar (including its staff, agents, and representatives),promptly present a valid driving licence and such other identificationdocument(s) as Flexar may reasonably require to verify your identity andconfirm that you are the authorised Member associated with the Rental or use ofthe Flexar Car.
7.8 You must ensure that the Flexar Car remainslocked, secure and parked in a safe location when it is not being driven, withall windows fully shut and the trunk closed.
7.9 You must, at all times, maintain sole andexclusive control of your Membership and Flexar App. You shall maintain thesecurity and confidentiality of your Membership and Flexar App Account,password and login credentials, and shall not share, disclose or allow anyother person to use, the same.
7.10 You and all passengers must wear seat beltsproperly at all times when operating or travelling in a Flexar Car, inaccordance with all Applicable Laws. If transporting any child who is under1.35 metres in height, the child must be secured in a child restraint deviceappropriate for the child’s size and weight and must be seated in the rear seatof the Flexar Car. Please note that Flexar does not provide any child boosterseats, child restraint devices, or child safety equipment. You are solelyresponsible for providing, installing, and ensuring the proper and lawful useof any such child restraint device or booster seat when transporting childrenin the Flexar Car. It is your responsibility to verify that the installation,positioning, and use of any child restraint device complies with all ApplicableLaws in Singapore, including but not limited to the Road Traffic Act 1961 ofSingapore and its subsidiary legislation. Flexar shall not be liable for anyinjury, damage, penalty, fine, or loss arising from your failure to comply withseat belt, child restraint, or passenger safety requirements.
7.11 We reserve the right to determine, at our solediscretion, whether a Member’s use of the Flexar Service constitutes excessiveor abusive usage. Excessive or abusive usage includes, but is not limited to,repeated or prolonged use that unreasonably restricts availability for otherMembers, misuse of vehicles, or conduct that violates Applicable Laws or theseTerms and Conditions. Such usage may result in warnings, temporaryrestrictions, suspension, termination and/or financial liability for damagesincurred.
7.12 You must use the Flexar Car in a safe, lawful,and responsible manner. You shall be fully liable for any breach of the termsherein and for any resulting loss or damage. For the avoidance of doubt, insuch an event, the Member shall be solely liable for all costs incurred toremedy the situation, including but not limited to the penalties as stated in Schedule6. Without limiting the generality of the foregoing, you are strictlyprohibited from using or permitting the use of the Flexar Car in any of thefollowing ways:
7.12.1 if the Flexar Car’s charge or fuel level fallsbelow minimum thresholds as determined by Flexar, at any time during the entireRental Period. For the avoidance of doubt, for safety reasons, Members cannotstart a rental if Flexar Car’s charge or fuel level falls below minimumthresholds as determined by Flexar and Members shall also ensure that theFlexar Car’s charge or fuel level does not fall to zero at any time whilstdriving and/or at any other time during the Rental Period;
7.12.2 refuelling the Flexar Car with a fuel typeother than that specified for the Flexar Car (e.g., diesel instead of petrol);
7.12.3 parking the Flexar Car in any lot within HDBcar parks other than white lots;
7.12.4 outside of the Flexar Zone;
7.12.5 to learn how to drive or to train another todrive;
7.12.6 to transport live animals, except whereexplicitly authorised by Flexar and only in strict compliance with Applicable Laws;
7.12.7 while engaging in any activity that would causethe Flexar Car’s interior to become soiled, wet, smelly or otherwiseuncomfortable for the next user;
7.12.8 operating the Flexar Car as part of a courierservice, whether or not for a fee;
7.12.9 as a for-hire vehicle as part of atransportation network company or any other for-hire or commercial purposes;
7.12.10 in a way which subjects the Flexar Car to beingpushed or pulled by any means and for any reason whatsoever;
7.12.11 to tow, push or move any other vehicle,trailer, or object;
7.12.12 operating the vehicle on unpaved surfaces, orany terrain that is not properly maintained and/or is not a sealed publicroadway suitable for passenger vehicles;
7.12.13 attaching any items to the outside of the FlexarCar;
7.12.14 placing, affixing or displaying any advertisingmaterial outside or within the Flexar Car. Advertising material includes, butis not limited to, any language, image, symbol, graphic, or shape intended toinform, influence or attract the attention of the public, whether forcommercial, informational (private or commercial), cultural or politicalpurposes;
7.12.15 to transport objects or substances (includingbut not limited to hazardous, flammable, corrosive, toxic, explosive, ionizing,or combustible materials) that, due to their nature or odour, may damage the FlexarCar, cause any delay the subsequent use of the Flexar Car and/or that mayotherwise pose a risk to safety of others and/or damage to the Flexar Car;
7.12.16 to participate in automobile races, rallies,trials, or any other competitive event;
7.12.17 in violation of any Applicable Laws orregulations, including but not limited to speed limits, parking restrictions orElectronic Road Pricing requirements;
7.12.18 when a Flexar Car is loaded beyond the FlexarCar manufacturer’s stated passenger and cargo capacity;
7.12.19 when suffering from fatigue which impairs yourdriving ability in any way;
7.12.20 when under the influence of alcohol, drugs,medication, or any other legal or illegal substance that might alter or impair yourability to safely and lawfully operate the Flexar Car;
7.12.21 smoking or permitting any person to smoke inthe Flexar Car at any time;
7.12.22 while eating, drinking or engaging in theillegal consumption of any drugs or controlled substances;
7.12.23 for any illegal purpose, including the illegalconveyance of persons, drugs or contraband, or weapons;
7.12.24 to destroy, damage, or aid in the theft of the FlexarCar;
7.12.25 disassembling, servicing, or repairing, any FlexarCar or accessing any internal mechanical or electric component within the FlexarCar; and/or
7.12.26 if the Flexar Car has been obtained by fraud ormisrepresentation.
7.13 You shall not use the Flexar Services without avalid driving licence or if you fail to meet any of the Eligibility Criteriaset out in this Terms and Conditions. Doing so:
7.13.1 will render you ineligible for the InsuranceCover;
7.13.2 may constitute a criminal offence, and maythereby expose you to penalties under the Applicable Laws;
7.13.3 will constitute a breach of this Terms andConditions;
7.13.4 shall oblige you to indemnify, defend and hold Flexarharmless from and against all losses, claims, actions, costs and expenses inconnection with or arising from your breach of the Terms and Conditions,including but not limited to those arising from the vitiation of the InsuranceCover; and
7.13.5 require you to compensate Flexar for any lossesresulting from your breach.
7.14 You must also use the Flexar App and FlexarWebsite in a safe, lawful, and responsible manner. You shall be fully liablefor any breach of this Clause and for any resulting loss or damage. Withoutlimiting the generality of the foregoing, you are strictly prohibited fromusing or permitting the use of the Flexar App and Flexar Website in any of thefollowing ways:
7.14.1 license, sublicense, sell, resell, transfer,assign, distribute or otherwise commercially exploit or make available to anythird-party the Flexar App or any part thereof in any way;
7.14.2 modify, edit, copy, reproduce, attempt toextract or derive the source code of, decrypt, interfere with, disrupt theintegrity or the performance of, or make derivative works based on the FlexarApp, Flexar Website or any part thereof;
7.14.3 work around, bypass, or circumvent any of thetechnical limitations or navigational structure of the Flexar App or use anytool to enable features or functionalities that are otherwise disabled in the FlexarApp or Flexar Website;
7.14.4 disassemble, decompile, reverse engineer ordecrypt the Flexar App, Flexar Website or any part thereof;
7.14.5 perform or attempt to perform any action thatwould interfere with the proper working of the Flexar App or Flexar Website,unduly burden or hinder the operation and/or performance of the Flexar App orprevent access to or use of the Flexar Services by others;
7.14.6 delete, alter or obscure the copyrights, trademarks,logos and other proprietary rights notices on the Flexar App or Flexar Website;
7.14.7 violate any Applicable Laws, rules orregulations in connection with your access or use of the Flexar App and/or FlexarWebsite;
7.14.8 use the Flexar App or Flexar Website for anyunintended purpose; or
7.14.9 authorise, assist or encourage any third-partyto do any of the foregoing.
7.15 A breach of any of the clauses above inrelation to user obligations and restriction of use of the Flexar Services, FlexarCar, Flexar App or Flexar Website constitutes a material breach of this Termsand Conditions. In such cases, we may suspend or terminate your Membershipimmediately, prevent current and future access to the Flexar Services andimpose Additional Fees, penalties, or liability for damage, and deny InsuranceCover without prejudice to any other rights it may have at law or in equity.You shall also be liable for any penalties that may be imposed by the relevantauthorities due to your breach of or non-compliance with Applicable Laws.
8.1 You must end your Rental Period of a Flexar Carat a Designated Parking Space or Dedicated Parking Space and ensure that thefollowing conditions are satisfied:
8.1.1 the location is identified at that time as a DesignatedParking Space or Dedicated Parking Space on the Flexar App;
8.1.2 you properly park the Flexar Car in accordancewith the signage and boundary markings at the Designated Parking Space orDedicated Parking Space;
8.1.3 the Car has fuel remaining and has not beenrefuelled with the wrong fuel type; and
8.1.4 you lock the Flexar Car through the Flexar Appand receive confirmation that the Rental Period has ended successfully.
8.2 If you fail to complete the above procedurecorrectly, the Rental Period will continue, and Rental Fees may accrue, even ifyou do not use the Flexar Car, until the vehicle is properly returned inaccordance with the terms set out herein. It is highly recommended that youwait in the vicinity of the Flexar Car until the Flexar App confirms that theFlexar Car has been successfully returned, and that the Rental Period hasended.
8.3 We reserve the right to charge Additional Feesin the event of improper return or parking outside the boundaries of the DesignatedParking Space or Dedicated Parking Space. You shall remain liable for anyfines, penalties, or towing costs arising from unauthorised or improperparking.
8.4 We may suspend, withdraw, or modify the DesignatedParking Space or Dedicated Parking Space locations at any time without priornotice. You are responsible for verifying the validity of such parkinglocations before attempting to end a Rental Period at such a location.
9.1 In order to use and access the Flexar Services,you must provide a valid Payment Card that remains valid, active, and capableof accepting charges throughout your Membership Period.
9.2 You hereby authorise Flexar to charge for allFees due to Flexar as specified in this Terms and Conditions, including anyamounts payable after the expiration (if applicable) or termination of yourMembership.
9.3 You agree to pay all Fees if and when theybecome due.
9.4 Flexar reserves the right to recover all Feesand any outstanding amounts due to Flexar under this Terms and Conditions,through automatic billing to your Payment Card, or otherwise through legal andenforcement means permitted under Singapore law. You shall be fully responsiblefor, and shall indemnify, defend, and hold harmless Flexar from and against,all costs, expenses, charges, and liabilities (including legal fees on anindemnity basis and costs of debt collection agencies) incurred by Flexar inconnection with the enforcement or recovery of any outstanding amounts dueunder this Terms and Conditions, whether through legal proceedings orotherwise.
9.5 Flexar will deliver periodic invoices to theMember. Such invoices will set out all Fees due to Flexar as at the date ofthat invoice or paid to Flexar since the later of either the date of theprevious invoice delivered to the Member or the Activation Date.
9.6 You may access all invoices via the Flexar App.
9.7 You must amend your contact and Accountinformation (including the Member's payment information) in the Account page onthe Flexar App whenever it changes so that information available to Flexar isup to date throughout the entire duration of your Membership, and inparticular, before you reserve or rent a Flexar Car. Additional terms andconditions for Paid Memberships (if and when applicable) are set out in Schedule3 and changes to Membership Plans are set out in Schedule 4 herein.
9.8 You must ensure that there are sufficient fundsavailable in your bank account linked to the Payment Card to cover all Fees andany other amounts that may become due to Flexar during your Membership. In theevent that sufficient funds are not available, or if your Payment Card iscancelled by you or your bank for any reason, you must immediately provide Flexarwith an alternative valid Payment Card or other method of payment acceptable toFlexar.
9.9 If your current Payment Card is cancelled,expired or otherwise become ineffective during the term of your Membership, youmust update your Payment Card details immediately within the Flexar App. ForPayment Cards that are due to expire, you must update your Payment Card detailsat least fourteen (14) days prior to the expiry date of the current PaymentCard, and in any event no later than upon receipt of the replacement PaymentCard.
9.10 If we are unable to process any payment of Feesby way of the Payment Card linked to your Account, we will send you an email ora push notification through the Flexar App informing you of the issue. In suchan event, your Membership shall be suspended immediately until you haveprovided us with up-to-date payment information and have settled all overdueFees. Any dishonoured or rejected payments will incur Additional Fees to coveradministrative costs. For the avoidance of doubt, suspension of your Membershipdoes not suspend the accrual of Fees. Additional terms and conditions apply forPaid Memberships (if and when applicable) in Schedule 3 herein. Toterminate your Membership in accordance with the termination provisions herein,you must fully settle any outstanding amounts owed to us. Under nocircumstances will Flexar be responsible for any overdraft, over limit or anyother fees charged by the Member's Payment Card company or bank.
9.11 Subject to the express terms set out in thisTerms and Conditions, all Fees and other amounts payable duringyour Membership are due immediately when they are incurred, and shall be paidin full, without any set-off, counterclaim, deduction, or withholding of anykind, except for any deduction or withholding required by Applicable Laws. Ifany deduction or withholding is required by Applicable Laws, you shall pay to Flexarsuch additional amounts as are necessary to ensure that Flexar receives thefull amount that it would have received had no deduction or withholding beenmade.
9.12 Promotions: Flexarmay, in its sole discretion, create Promotional Codes that may be redeemed bythe Member and credited against Fees, subject to any additional terms that Flexarestablishes on a per promotional code basis. You agree that any PromotionalCode provided by Flexar:
9.12.1 is personal to you, non-transferable, and mayonly be used by you for the intended purpose as specified by Flexar;
9.12.2 must be used only in a lawful manner and inaccordance with the specific terms and conditions established by Flexar forthat Promotional Code;
9.12.3 may not be duplicated, sold, transferred,shared, or made available to any other person or to the general public(including, without limitation, by posting on a public forum) without theexpress prior written consent of Flexar;
9.12.4 may be disabled, modified, or cancelled by Flexarat any time and for any reason, without liability to you;
9.12.5 is not valid for, and cannot be exchanged for,cash, credit, or any other monetary equivalent;
9.12.6 may expire prior to your use without anyliability on the part of Flexar; and
9.12.7 may be withheld, reversed, or deducted (inwhole or in part) by Flexar, including against any credit, benefit, or discountobtained through use of the Promotional Code, if Flexar reasonably determinesthat the use or redemption was in error, fraudulent, illegal, abusive, or inviolation of the applicable Promotional Code terms or this Terms and Conditions.
Any breach of this Clause may result in thesuspension or termination of your access to the Flexar Services, and Flexarreserves all other rights and remedies available under this Terms andConditions, in equity and at law.
9.13 All listed fees and charges are inclusive ofGST, save for as explicitly set out in writing on any payable invoice, theFlexar App or Website, or in the Terms and Conditions herein.
10.1 You must pay Flexar the Additional Fees asspecified in Schedule 6 for, withoutlimitation, fees arising from violations, acts or omissions or other failuresto comply with the Terms and Conditions, including each ticket andfine issued to Flexar as a result of your Traffic Breaches during your RentalPeriod, to cover Flexar's reasonable administrative costs in handling receiptof such ticket and/or fine.
10.2 Thereare other actions that you must take upon committing a Traffic Breach. Pleasesee Schedule6 for more information.
10.3 Lostand found items are handled in accordance with the procedures set out in Schedule6.
11.1 Please note that the Insurance Cover applies toyou in relation to your use of a Flexar Car on the road, and is subject to the applicableexceptions and the specific terms and conditions of the policy providingcoverage. Please see Schedule7 formore information.
11.2 For the avoidance of doubt, you shall be liablefor, and shall pay to Flexar the Excess, which, under Schedule 7, comprisesthe Own Damage Excess for damage to the Flexar Car, and separately, theThird-Party Excess for liability arising from third-party claims (subject toany express terms herein) for any single accident.
11.3 Notwithstanding the above, Flexar does notwarrant or represent that the Insurance Cover is comprehensive or sufficient tomeet your needs or the entirety of any third-party claim as to propertydamages, personal injury or death. Please see Schedule 7 for more information.
12.1 To the maximum extent permitted by ApplicableLaws, the Released Parties shall not be liable to you, your successors, heirs,assigns, personal representatives, and/or any other person or entity claimingthrough you, for any Losses, which refers to any and all claims, demands,liabilities, losses (including loss of income, earnings, profits, oropportunity), damages (whether direct, indirect, incidental, consequential,special, exemplary, or punitive), injuries (including personal injury ordeath), property damage, fines, penalties, costs, expenses (including legalcosts and fees), and causes of action of any kind, whether in contract, tort,strict liability, breach of statutory duty, or otherwise, even if advised ofthe possibility of the same or if the same was reasonably foreseeable, arisingout of or relating to:
12.1.1 your access to, use or attempted use of any FlexarCar, or any of its components, features, accessories, or configurations;
12.1.2 any accident, collision, incident, loss, theft,damage, breakdown, malfunction, or other event involving a Flexar Car;
12.1.3 your access to, use or attempted use of any FlexarCar, Designated Parking Space or Dedicated Parking Space, or any equipment,infrastructure, or facilities associated therewith;
12.1.4 your acts, omissions, misconduct, breach of theterms set out herein, or breach of Applicable Laws;
12.1.5 the acts or omissions of your passengers,invitees, or any other third-party associated with your use of the FlexarServices;
12.1.6 any damage to, loss of, or theft of your oryour passengers’ personal property; or
12.1.7 any unavailability, interruption, suspension,or error in the provision of the Flexar Services, including any technology,platform, or systems used in connection therewith.
12.2 You expressly waive any and all rights underApplicable Laws that may limit the scope of this release to the fullest extentpermitted by law.
12.3 Without prejudice to the Clauses above, and tothe maximum extent permitted by Applicable Laws:
12.3.1 Flexar’s and its Affiliates’ total aggregateliability to you for any Losses, whether arising under contract, tort, breachof statutory duty, or otherwise, in connection with this Terms and Conditionsor your use of the Flexar Services, shall not exceed the total amount of Feesactually paid by you to Flexar in the twelve (12) months immediately precedingthe event giving rise to your claim for such Losses.
12.3.2 Where you have maintained a Membership with Flexarfor less than twelve (12) months at the time of the event giving rise to anyclaim for Losses, Flexar’s total aggregate liability in this event shall notexceed0 $1,000.
12.4 You agree to fully indemnify, defend and holdharmless the Released Parties from and against any and all losses, damages,costs, expenses, liabilities, claims, demands, actions or proceedings(including legal and professional fees on a full indemnity basis) arising outof or in connection with:
12.4.1 your breach of any term of this Terms andConditions;
12.4.2 your use or misuse of the Flexar Services,including improper operation or parking of a Flexar Car;
12.4.3 any infringement of third-party rights whileusing the Flexar Services;
12.4.4 any claim brought by a third-party arising frominjury, death or damage caused directly or indirectly by you or while a FlexarCar is under your control; or
12.4.5 any violation of any Applicable Laws.
13.1 To the maximum extent permitted under theApplicable Laws, Flexar disclaims all warranties, conditions, representationsor other terms, whether express, implied or statutory, including but notlimited to, implied warranties or conditions of merchantability, satisfactoryquality, fitness for a particular purpose, title and non-infringement.
13.2 Flexar makes no representation or warranty thatthe Flexar Car, Flexar App, or Flexar Services will meet your requirements orbe suitable for your specific purposes, or that access will be uninterrupted,timely, secure, error-free, or free from computer viruses or similar harmfulcomponents.
13.3 All Flexar Cars and Flexar Services areprovided strictly on an "as-is" and "as available" basis.You acknowledge that use of and access to the same is at your sole risk.
13.4 The Flexar App may be subject to limitations,delays, and other problems inherent in the use of the internet and electroniccommunications (including problems inherent to the mobile device or tablet youuse to operate the Flexar App). We are not responsible for any delays, deliveryfailures, damages, or losses resulting from such problems.
13.5 We may include within the Flexar App, links toother websites or content on the internet that are owned or operated by thirdparties. Such third-party links are not under our control, and we are notliable for any errors, omissions, delays, inaccuracy or any other objectionablematerial contained in the content of, or the consequences of accessing, anylinked website. Any hyperlinks to any other websites or content are not anendorsement or verification of such websites or content. You agree that youraccess to or use of such linked websites or content is entirely at your ownrisk.
14.1 You are responsible for any and all loss of ordamage to a Flexar Car and any third-party property (including other vehicles)arising:
14.1.1 when the Flexar Car is in your possession,custody or control; and/or
14.1.2 during a Rental Period.
14.2 Your liability for such loss or damage shall belimited in accordance with Schedule 7 to:
14.2.1 the Own Damage Excess, in respect of loss of ordamage to the Flexar Car caused by accident, collision, or otherwise;
14.2.2 the Third-Party Excess, in respect of loss ofor damage to third-party property or Charge Points;
14.2.3 the fair market value of the Flexar Car, in theevent of theft of the Flexar Car;
14.2.4 the fair market value of the Flexar Car, in theevent of vandalism occurring after or in connection with theft of the vehicle;and/or
14.2.5 the fair market value of the Flexar Car, in theevent of vandalism unrelated to theft.
14.3 Notwithstanding any provision above, yourliability shall not be limited in circumstances where:
14.3.1 the Insurance Cover does not apply, includingbut not limited to where you are in breach of the Terms and Conditions.
14.3.2 the loss or damage arises from any prohibiteduse, including but not limited to those prohibited uses specified under Clause 7above.
14.4 You acknowledge and agree that any liabilityfor loss or damage under this Terms and Conditions is due and payableimmediately upon demand by Flexar. Without limitation to the foregoing, youshall also be responsible for all associated costs, expenses, claims, and/orlosses incurred by Flexar arising out of or in connection with the accident,damage, or theft, including:
14.4.1 loss of use of the Flexar Car;
14.4.2 towing, storage, and/or impound fees; and
14.4.3 an administrative charge for Flexar’s internalcosts relating to record-keeping, processing, claims management, andinvestigations.
14.5 All other amounts payable by you under thisClause are exclusive of GST, which shall be payable in addition whereapplicable.
14.6 In the event of an accident, breakdown ortechnical fault of the Flexar car such that it cannot be driven, you arerequired to immediately contact the Customer Experience Centre which willdirect you on your next required course of action. You are required to staywith the Flexar Car until you are informed by the Customer Experience Centre ofyour next course of action, including until the EMAS or other tow truck hastowed the Flexar Car to the nearing parking lot.
15.1 Members will be notified of charges, penalties,suspension or cancellation of Membership by way of written notice through oneof the following means:
15.1.1 email to the email address provided by theMember during the Membership application process; or
15.1.2 registered post to the mailing address providedby the Member during the Membership application process.
16.1 Flexar collects, uses, discloses, and processesyour personal data in accordance with the PDPA and its Privacy Statement is accessibleat www.flexar.com.sg.
16.2 By selecting and signing up for a FlexarMembership, you acknowledge and consent to the collection, use, and disclosureof your personal data by Flexar, for the following purposes:
16.2.1 to verify your identity and eligibility forMembership;
16.2.2 to provide, manage, operate and administer yourMembership and the Flexar Services;
16.2.3 to detect, investigate and prevent fraud,misconduct, unlawful or unsafe activity;
16.2.4 to respond to requests, queries, complaints orfeedback from you;
16.2.5 to process insurance claims and cooperate withinsurers, law enforcement agencies, government authorities or regulators inaccordance with Applicable Laws;
16.2.6 to conduct market research or surveys toimprove our services, and where permitted, send you direct marketing andpromotional messages via SMS, email or push notifications delivered through theFlexar App (which you may opt out of at any time by contacting us at thecontact details provided herein);
16.2.7 to enforce Flexar’s rights under this Terms andConditions and any other applicable terms and policies found on the Flexar Appor Flexar Website; and
16.2.8 disclosure of your personal data to third-partyservice providers (including data hosting providers, insurers, paymentprocessors and survey agencies) and government authorities, where reasonablynecessary to achieve the above purposes.
16.3 To do the above, Flexar may collect thefollowing types of personal data: name and contact information, identificationdocuments (e.g., NRIC, driver's license), payment information (e.g., creditcard details), and rental history and usage data.
16.4 Flexar will implement reasonable securitymeasures to protect your personal data from unauthorized access, collection,use, disclosure, copying, modification or disposal.
16.5 You may withdraw your consent to thecollection, use, and disclosure of your personal data at any time by contactingus at support@flexar.com.sg. Please note that withdrawal of consent may affect Flexar’sability to continue to provide the Flexar Services.
17.1 While Flexar uses its reasonable endeavours tomake the Flexar Services available to you, the 24/7 availability of the FlexarServices is not guaranteed. As the Flexar Services are a self-serviceoperation, Flexar shall not be liable to you for any loss or damage suffered byyou should:
17.1.1 a Flexar Car, Designated Parking Space orDedicated Parking Space be unavailable at any particular location; or
17.1.2 Flexar is incapable of honouring a reservationof a Flexar Car, Designated Parking Space or Dedicated Parking Space in theevent of an occurrence outside of Flexar’s control, such as another Memberfailing to return a Flexar Car at the end of their Rental Period or the parkingof an unauthorised vehicle in the Designated Parking Space at the timereserved.
17.2 If,for any reason, any Flexar Services are Completely Unavailable to a Memberholding a Paid Membership (if and when applicable) for a period as set out in Schedule3, additional terms will apply as stated therein.
18.1 This Terms and Conditions is governed by andconstrued in accordance with the laws of Singapore.
18.2 The parties hereby submit unconditionally tothe exclusive jurisdiction of the courts of Singapore.
19.1 The Member acknowledges and agrees thatownership of the Flexar Cars and Flexar Car Accessories vests with Flexar atall times.
19.2 Nothing in this Terms and Conditions isintended to, or shall be deemed to establish any partnership, agency or jointventure between the Member and Flexar.
19.3 Only the Member and Flexar have rights underthis Terms and Conditions. No other person shall have any rights under this Termsand Conditions.
19.4 The Member may not transfer or assign any ofthe Member's rights or obligations under this Terms and Conditions to any otherperson unless Flexar agrees to this in writing before any such transfer.
19.5 Flexarmay transfer its rights and obligations under this Terms and Conditions toanother organisation at any time. Flexar will notify you if it plans to dothis.
19.6 The rights and remedies provided in this Termsand Conditions are in addition to, and not exclusive of, any rights or remediesprovided by law.
19.7 No failure or delay by Flexar in exercising anyright, power, or remedy under this Terms and Conditions shall operate as awaiver of such right, power, or remedy, nor shall any single or partialexercise of any right, power, or remedy preclude any further exercise of thesame or any other right, power, or remedy. For the avoidance of doubt, if youfail to comply with any obligation under this Terms and Conditions and Flexardoes not immediately enforce its rights, Flexar may nevertheless enforce itsrights at any later time.
19.8 The section headings in this Terms andConditions are included for convenience only and shall not affect theinterpretation of this Terms and Conditions.
19.9 If any of part of this Terms and Conditions isfound to be invalid, void, or for any reason unenforceable, the legality,validity and enforceability of the remaining provisions shall not be affectedor impaired.
19.10 You agree that you shall have no remedies inrespect of any statement, representation, assurance or warranty (whether madeinnocently or negligently) that is not set out in this Terms and Conditions. Eachparty agrees that it shall have no claim for innocent or negligentmisrepresentation based on any statement set forth herein.
19.11 Nothing in this Terms and Conditions shalllimit or exclude any liability for fraud.
1 The Eligibility Criteria for applying for aMembership are as follows:
1.1 you have the legal capacity to read, review,acknowledge and enter into this Terms and Conditions.
1.2 you are at least 18 years old.
1.3 you hold a valid Class 3,3A, 3C or 3CA driving licence under the Applicable Laws.
1.4 you hold a valid credit or debit card acceptedby Flexar, for the entire duration of your Membership, including any renewals.Please refer to the list of accepted payment methods at the Flexar Website;
1.5 you do not have any outstanding or overduepayments owing to Flexar, whether under a current or previous Membership, andyou are not subject to any payment recovery proceedings initiated by Flexar;and
1.6 you have the mental and physical capacity tocompetently, safely and lawfully operate a motor vehicle.
2. You shall not permit any other person,including those who may otherwise meet the Eligibility Criteria, to use yourAccount or the Flexar Services. Any such use shall be deemed unauthorised andshall be a material breach of the Terms and Conditions. In such an event, theMember shall not be eligible for Insurance Cover, and shall be solelyresponsible for bearing and be liable to Flexar for any penalties and/orAdditional Fees that may be imposed by the relevant authorities and/or Flexar,arising out of and in connection with such breach of this Terms and Conditions.
3. All document verification for your FlexarMembership application shall be carried out solely via SingPass, and submissionof such documents for verification through any other means shall not beaccepted.
1 The applicable Rate Offers and RentalFees are subject to Dynamic Pricing for the relevant Rental Period and finalrates are displayed on the Flexar App for acceptance prior to starting arental.
1.1 Rental Fees are payable separately from and inaddition to any Membership Fee (if any) and you may not set off any instalmentsof the Membership Fee against the Rental Fee. For the purposes of calculatingthe Rental Fees, any incomplete minutes in the Rental Period will be rounded upto the next full minute.
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3 Depending on rental demand, Flexar may impose afee for the reservation of a Flexar Car or a Designated Parking Space orDedicated Parking Space.
3.1 You can accept the fee and confirm thereservation fee at the time of making the reservation on the Flexar App. If youdo not accept the fee, you can reject it and proceed to use the Flexar Serviceswithout the reservation.
3.2 All reservations of a Flexar Car, DesignatedParking Space or Dedicated Parking Space will remain effective for a limitedtime stipulated by Flexar.
4 Depending on rental demand, Flexar may impose aLocation Surcharge for rentals commencing from and/or ending at any current orfuture Designated Parking Stations. Any applicable Location Surcharge will bedisplayed on the Flexar App.
4.1 If both the Designated Parking Space orDedicated Parking Space at which you commence your rental and the DesignatedParking Space or Dedicated Parking Space at which you conclude your rental aredesignated as subject to a Location Surcharge, you will be charged a separateLocation Surcharge for each such Station, in addition to any applicable RentalFees. Such Location Surcharge(s), if any, are displayed on the FlexarApp for acceptance prior to starting a rental.
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1 We may, in our sole and absolute discretion,immediately terminate or suspend your Membership without prior notice, upon theoccurrence of any of the below events:
1.1 you fail to make full payment of any Fees orany other amounts due and payable to Flexar when due;
1.2 you fail to make payment within thirty (30)calendar days from the date of any reminder or demand issued by Flexar;
1.3 you breach any provision of this Terms andConditions, and such breach is either in the sole opinion of Flexar not capableof remedy or is not remedied within seven (7) calendar days from written noticeby Flexar requiring remedy;
1.4 you are involved in any accident, incident orconduct (including unsafe or inappropriate driving behaviour) which, in Flexar’ssole opinion, renders you unsuitable to continue using the Flexar Services;
1.5 you fail to make an accident report withintwenty (24) hours of such accident or as required under the Applicable Laws. Insuch an event, your Membership will be temporarily suspended until a suchreport has been made to the satisfaction of Flexar, and Additional Fees under Schedule6 shall be imposed;
1.6 you are at any time during a Rental Perioduncontactable by Flexar;
1.7 you engage in inappropriate, illegal,threatening, abusive, negligent or fraudulent conduct whether in relation to Flexarstaff, agents, other Members or members of the public;
1.8 you no longer meet the Eligibility Criteria;
1.9 you provide any false, misleading, incomplete,or inaccurate information to Flexar in any context including during yourapplication, Rental, in-vehicle usage, or accident reporting;
1.10 you allow any other individual to access or usethe Flexar Services or any Flexar Car using your Account or on your behalf,whether with or without your knowledge or consent;
1.11 you misuse or abuse the Flexar Services in anymanner contrary to this Terms and Conditions, including repeatedly cancellingor failing to commence rentals without valid reasons, or otherwise interferingwith operational efficiency; and/or
1.12 you are subject to any legal or regulatoryrestrictions which prevent you from operating a vehicle or continuing as aMember.
1. In the event of any breach, violation, act,omission, or failure by you to comply with the terms of this Terms andConditions, Flexar may, at its sole discretion, levy Additional Fees againstyou in accordance with this Contract.
1.1. The imposition of Additional Fees is withoutprejudice to any other rights or remedies available to Flexar under thisContract, at law, or in equity, including but not limited to the right tosuspend or terminate your Membership.
1.2. In addition to suspending or terminating yourcurrent Membership, Flexar reserves the right to prohibit your future access toor use of any Flexar Services for such duration as Flexar may impose in itssole discretion.
1.3. During any period of Membership suspension, andfollowing termination of your Membership by Flexar due to your misconduct,breach, or omission, you shall remain liable for all Membership Fees (if any)and other applicable charges through the end of your then-current MembershipPeriod and, where applicable, any subsequent Membership Periods that have beenautomatically renewed prior to the effective date of termination.
2. Traffic Breaches and Fines: You are solely responsible for anyTraffic Breaches and shall be fully responsible for the payment of any Fines.
2.1 In addition to suspending or terminating yourcurrent Membership, Flexar reserves the right to prohibit your future access toor use of any Flexar Services for such duration as Flexar may impose in itssole discretion.
2.2 Flexar may, upon receiving notification of anyoffence, disclose your personal data to the relevant authorities as required bylaw. You agree to indemnify Flexar for any Fines incurred on your behalf, andAdditional Fees will be charged to cover Flexar’s administrative costs inprocessing such matters. You must notify the Customer Experience Centre withinthree (3) days of your receipt of any Fine.
2.3 You agree that Flexar may, upon receivingnotification of any offence, disclose your personal data to the relevantauthorities as required by the Applicable Laws.
2.4 You agree to fully indemnify Flexar for eachticket and fine which may be incurred by Flexar as a result of or in connectionwith any Traffic Breaches.
2.5 You must pay Flexar the Additional Fees asspecified in the table below for each ticket and fine issued to Flexar as aresult of or in connection with any Traffic Breaches during your Rental Periodto cover Flexar's reasonable administrative costs in handling receipt of suchticket and/or fine.
2.6 If you cause a Flexar Car to be immobilised,clamped, or removed due to any Traffic Breach, you shall be deemed to haveabandoned the vehicle for the purpose of this Terms and Conditions. You shallalso fully indemnify Flexar for any fees or any other liabilities incurred by Flexar(for example, to the authorities or private operator of the relevant parkingfacility) as a result or in connection with the immobilisation or clamping ofthe Flexar Car.
3. The table below details each chargeable eventand the Additional Fees associated per occurrence. For the avoidance of doubt,additional fees may be applicable
CHARGEABLE EVENT
ADDITIONAL AND OTHER FEES PER OCCURRENCE
Failure to return the Flexar Car in accordance with the proper return procedure under this Contract (including, without limitation, failure to lock the Flexar Car, failure to turn off the headlights of the Flexar Car and failure to park at a Designated Parking Space or Dedicated Parking Space)
$50
If you fail to return a Flexar Car in accordance with this Contract, the Rental Period shall continue until the earlier of: (i) the return of the Flexar Car to a Designated Parking Space or Dedicated Parking Space; or (ii) recovery of the Flexar Car by Flexar or its agents.
You shall continue to be charged Rental Fees during such extended Rental Period, subject to a maximum charge of $500 for that Rental Period.
In addition, you shall be liable for all towing, storage, and/or recovery costs incurred by Flexar, at a minimum fee of $50.
Without prejudice to the foregoing, you may also be subject to any fines, penalties, or enforcement actions imposed by the relevant authorities under Applicable Laws.
Abandonment of Flexar Car
(i.e. leaving a Flexar Car unattended at any location other than a Designated Parking Space or Dedicated Parking Space, or failing to properly return the Flexar Car in accordance with the return procedures set out in this Terms and Conditions, whether or not the Member intends to retrieve the vehicle)
$300
An abandonment of a Flexar Car shall constitute a failure to return the Flexar Car in accordance with this Terms and Conditions and shall result in the continuation of the Rental Period until the earlier of: (i) the return of the Flexar Car to an a Designated Parking Space or Dedicated Parking Space; or (ii) recovery of the Flexar Car by Flexar or its agents.
You shall continue to be charged Rental Fees during such extended Rental Period, subject to a maximum charge of $500 for that Rental Period.
In addition, you shall be liable for all towing, storage, and/or recovery costs incurred by Flexar, at a minimum fee of $50.
Without prejudice to the foregoing, you may also be subject to fines, penalties, or enforcement actions imposed by the relevant authorities under Applicable Laws.
More than 100 Flexar Car reservations without commencing Rental Periods per month, thereby abusing the Flexar Service
$100
Loss of use
$130 per day or part thereof
Submitting an inaccurate or false photograph at the end of the Rental Period
$150
Transporting a live animal in a Flexar Car without the express authorisation from Flexar
$150
Refuelling the Flexar Car with the wrong type of fuel
$200
In addition to the Additional Fees above, the Member shall be responsible for the full cost of any repairs or replacement of damaged components caused by such refueling, which will be charged in full to the Member.
Failure to maintain minimum vehicle charge/fuel level in Flexar Car at any time during the Rental Period
$200
In addition to the Additional Fees above, the Member shall be responsible for the full cost associated with recovery, including but not limited to towing, roadside assistance, vehicle transport, refuelling or recharging services, administrative fees, and any third-party costs reasonably incurred.
Submitting an untrue, false, or purposefully misleading damage report
$100
Submitting an untrue, false, or purposefully misleading cleanliness report
$100
Failure to return Flexar Car Accessories at the end of the Rental Period
$80
Damage to the Flexar Car’s dashcam or any accessories attached to or in the vicinity of the dashcam
$380
Parking in a Dedicated Parking Space reserved by another Member
$50
Failure to:
(i) immediately report any accident involving the Flexar Car with the approved reporting centre as set out in the Flexar App or as made available in the Flexar Car;
(ii) immediately report any incident (including, without limitation, any damage detected to the Flexar Car before you start your Rental, theft or vandalism of the Flexar Car) to Flexar via the Flexar App with full details of the same; and/or
(iii) lodge a complete accident report within 24 hours of such accident or as required by Applicable Laws.
$500
In addition to the Additional Fee above, your Membership shall be terminated immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period as determined by Flexar at its sole discretion, commencing from the effective date of termination.
In addition to the above, you shall also be liable for any penalties that may be imposed by the relevant authorities under the Applicable Laws.
In the event where Members do not file the mandatory accident report within the required timeframe, the Insurer may reject or repudiate insurance coverage for the incident, and all subsequent claims related to the case. In such cases you may become fully liable for all losses, damages, costs, and expenses arising out of or in connection with the incident. Furthermore, you will also be liable for all repairs and losses incurred in relation to the Flexar Car.
Using the Flexar Services without a valid driving licence
$300
In addition to the Additional Fee above, your Membership shall be terminated immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period as determined by Flexar at its sole discretion, commencing from the effective date of termination.
In addition to above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Using the Flexar Services while under the influence of alcohol, drugs, medication, or any other legal or illegal substance that might alter or impair your ability to safely and lawfully operate the Flexar Car
$300
In addition to the Additional Fee above, your Membership shall be terminated immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period as determined by Flexar at its sole discretion, commencing from the effective date of termination.
In addition to above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Material omission or providing incorrect details (such as incorrect age or incorrect identification number or incomplete address), during the Membership application process
$100
In addition to the Additional Fee above, your Membership shall be cancelled immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period to be determined by Flexar in its sole discretion.
In addition to above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Failure to cooperate with any request for information or assistance from you by Flexar or repeated failure to do so.
Suspension or termination of Flexar Membership at Flexar’s discretion.
In addition to the above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws
Threats, insults, violence, or profanity, directed at Flexar personnel.
$1000
Suspension or cancellation of Flexar Membership at Flexar’s discretion.
In addition to the Additional Fee above, Flexar reserves the right to commence legal proceedings against you.
Flexar Car is impounded as a result of breach of any Applicable Laws by a Member
$1000
Flexar Car is returned in an unclean state at the end of the Rental Period (including, without limitation, soiling the interior of the Flexar Car with cigarette ashes, food wrappers, used cups and pet fur)
$150
The Additional Fee above is inclusive of cleaning charges that will be incurred by Flexar.
Failure to comply with Applicable Laws resulting in a notice of an offence or a fine being issued to Flexar by the relevant authorities during the Rental Period
$30
In addition to the Additional Fee above, your Membership may be suspended or cancelled at the sole discretion of Flexar.
In addition to the above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Usage of Flexar Car by a person other than the Member, as determined by Flexar’s personnel or relevant authorities
$300
In addition to the Additional Fee above, your Membership will be cancelled immediately unless specific circumstances notified to and acceptable in Flexar’s sole discretion apply. If your identity had been compromised, Flexar may consider not cancelling your Membership. However, this exception will only apply if you notified us of complete details of such incident prior to its occurrence and you provide Flexar with a copy of a timely police report filed in respect of such incident.
You shall not be permitted to use or access the Flexar Services for a period of 6 months from the date of the cancellation of Membership.
Leaving the Flexar Zone
$500
In addition, you shall also be liable for applicable towing fees of no less than $50.
Failure to update Payment Card information where such Payment Card has been cancelled, expired or otherwise rendered ineffective
$30
4. Lost and Found:During the rental period, any lost and found items will be handled as follows:
4.1 Pursuant to Clause 7.3, Members are entitled tocomplimentary rental minutes, as determined by Flexar, to visually inspect theexterior and interior of the Flexar Car upon first access. As such, after theconclusion of a Rental Period, Members should initiate a new rental and usethese complimentary minutes to retrieve any lost items.
4.2 In the event that a lost item is not retrievedwithin the period specified in Paragraph 4.1 above, all lost items shall bereported to, and surrendered at, Kampong Glam Neighbourhood Police Centrewithin seven (7) days of the item’s retrieval from the vehicle and Membersshall be entitled to retrieve their lost items directly from Kampong Glam NeighbourhoodPolice Centre commencing seven (7) days from the date the lost item wasreported.
4.3 For the avoidance of doubt, Flexar shall bearno liability for any loss or damage to any such items. It is the soleresponsibility of the Member to ensure that all personal belongings are removedfrom the Flexar Car prior to the conclusion of the Rental Period.
1 Flexar Cars are covered by a motor policy whichexcludes all aviation liability (including any third-party claims) and damageto aircraft.
2 Flexar maintains third-party liabilityinsurance for itself consistent with the minimum standard of insurance coverrequired by law as follows:
2.1 unlimited for death or bodily injury to anyperson in any one accident; and
2.2 up to a limit of Singapore dollars five million(S$5,000,000) per claim or a series of claims resulting from one event fordamage to property resulting from the accident. For the avoidance of doubt, inthe event that a claim or a series of claims resulting from one event fordamage to property resulting from the accident exceeds Singapore dollars fivemillion (S$5,000,000), you will not be covered for such additional amount.
3 You acknowledge and agree that the InsuranceCover may not cover in whole or in part, your liability to Flexar or to a third-party,including for damage to the Flexar Car, damage to a Designated Parking Space orDedicated Parking Space, injury to you, injury to other people, and/or damageto or loss of your property or a third-party's property, and that despite theInsurance Cover, you may be liable directly to Flexar and/or any third-party towhom you have caused damage, injury or loss through your use of the FlexarServices. For the avoidance of doubt, the Insurance Cover does not cover anydamage to or loss of your property through your use of the Flexar Services.
4 Moreover, you acknowledge and agree that theInsurance Cover will not cover you in the following cases, including, withoutlimitation:
4.1 the Flexar Services accessible under a Member’sMembership is used by any other person other than that Member;
4.2 the Flexar Services are used without a valid oreffective driving licence as required under this Terms and Conditions;
4.3 the Flexar Car is operated while the Member isunder the influence of drugs or alcohol, or any other substance that impairsdriving ability;
4.4 where the Flexar Car is taken outside of the FlexarZone;
4.5 where the Flexar Car was used to participate inautomobile races, rallies, trials or any other competitive event, or where theMember otherwise uses the Flexar Services in a manner not in accordance withthe Contract;
4.6 where the Member makes a false or misleadingstatement to the Insurer; and
4.7 the Flexar Services are used by anyone who istrying to hurt themselves or commit suicide.
5 You further acknowledge and agree that theavailability of a claim under the Insurance Cover, whether to you or to any third-party(including any passenger in a Flexar Car operated by you), does not affect Flexar’sright to bring a claim against you for any damage caused by your breach of thisTerms and Conditions, the applicable insurance documentation, and/or ApplicableLaws, except as expressly set out in the terms herein.
6 Without limiting any of the Clauses above, Flexarreserves the right to bring a claim against you for any loss or damage itsuffers in connection with a Flexar Car during a Rental Period where such lossor damage arises from or in connection with any of the following:
6.1 any breach by you of this Terms and Conditions;
6.2 any unlawful activity undertaken by you;
6.3 any misrepresentation made by you, whether to Flexar,the Insurer, in any accident report, insurance claim, or police report;
6.4 improper use of the Flexar Car, including butnot limited to the transport of flammable materials, explosives, or the use ofthe Flexar Car for hire or for any other commercial purpose;
6.5 wilful damage to the Flexar Car;
6.6 use of the Flexar Car by any person other thanyou; and/or
6.7 failure to lock the doors, windows, or boot ofthe Flexar Car when it is unattended to or unoccupied.
7 Flexar reserves the right, at any time andwithout prior notice to you, to modify the Insurance Cover, provided that anysuch modification complies with the minimum insurance requirements prescribedunder Applicable Laws for operating a vehicle on public roads in Singapore.
8 In the event of any payment under the InsuranceCover, Flexar and/or its Insurer shall be entitled to all rights of recoveryfrom any third-party against whom the person receiving the payment may have aclaim. You must sign and deliver to Flexar and/or its insurer all documentsreasonably requested in relation to such recovery, cooperate fully in anyrecovery action, and do nothing to prejudice the rights of Flexar or itsInsurer.
9 When a person has been paid damages under theInsurance Cover and also recovers from another party such damages, the amountrecovered from such other party shall be held by that person in trust for Flexarand its Insurer and such amount shall reimbursed to Flexar and its Insureraccordingly.
10 Flexar and its insurer may seek subrogation,which is reimbursement from you in the event that you are at fault for anaccident for which Flexar or its insurer has provided payments to a third-partyfor damages or injuries sustained by that third-party.
11 In the event of a collision, accident orincident resulting in injury to any third-party or damage to third-partyproperty, you are strictly prohibited from entering into any settlementagreement or other arrangement with any third-party and/or admitting liability,making any offer of payment, or otherwise prejudicing the interests of Flexaror its Insurer. Any such action may result in the Insurance Cover being deniedor limited. You shall be personally liable for all resulting losses, damages,liabilities, and costs incurred by Flexar and/or its insurer arising from anyunauthorised settlement or admission of liability.
12 You agree to ensure that you and yourpassengers provide full co-operation to Flexar and its insurer, includinggiving all information, documents and help that Flexar and its insurer mayneed, attending interviews and investigations, providing statements, and/orassisting in and attending any court or dispute proceedings. If you and yourpassengers fail to do so, the Insurance Cover may not apply.
13 In addition to any amounts payable by you underthis Contract or not covered by the Insurance Cover, Flexar reserves the rightto impose an administrative charge of 10% of the monetary value of the totalClaim or repair cost. This charge is intended to cover internal processing,coordination, and administrative handling of the incident, and may be appliedregardless of whether the Claim or repair is covered under the Insurance Cover.
14 The Excess: Where, during aRental Period, the Flexar Car is damaged and/or if any injury or damage iscaused to third-party persons or property (including, without limitation,damage arising out of or in connection with a road traffic collision oraccident) the Member shall pay to Flexar the applicable Excess for eachincident.
14.1 TheExcess(s) payable is set out in the table below. Until payment of theapplicable Excess(s) is received, the Member is suspended from using the FlexarService.
OwnDamage Excess (in relation to damage caused to a Flexar Car)
APPLICABLE EXCESS
AMOUNT DUE
Members who are 22 years of age or older AND with minimum two (2) years driving experience
S$3,000
Members who are below 22 years of age AND/OR with minimum one (1) year driving experience
S$5,000
Members who are below 22 years of age AND/OR with less than one (1) year driving experience
S$8,000
Third-Party Excess(in relation to claims paid or to be paid by Flexaror the Flexar Insurer, to third partiesfor personal injury,property damage or otherwise)
APPLICABLE EXCESS
AMOUNT DUE
Members who are 22 years of age or older AND with minimum two (2) years driving experience
S$3,000
Members who are below 22 years of age AND/OR with minimum one (1) year driving experience
S$5,000
Members who are below 22 years of age AND/OR with less than one (1) year driving experience
S$8,000
14.2 For the avoidance of doubt, any Own Damage Excess and/orThird-Party Excess payableherein is in addition to (and not in lieu or in substitution of) any administration fees or any other fees thatmay be payable by you to Flexar under this Terms and Conditions or otherwise.
14.3 All Excess charges are subject toapplicable GST.
14.4 In the event you fail to makepayment for the applicable Excess, Insurance Cover may be ineffective.
15 CDW: If the Member electsto purchase the optional CDW, the CDW fee shall be charged at the ratedisplayed in the Flexar App and shall be calculated on a per-minute basis forthe duration of the Rental Period.
15.1 For the avoidance of doubt, if CDW ispurchased, the Member’s liability for damage shall be limited to the applicableExcess amount per incident, as set out in the Flexar App. If no CDW ispurchased, the Member shall remain liable for the full cost of all damage,loss, and associated charges, without limitation to the Excess.
15.2 The CDW does not cover any loss of use charges,administrative fees, or any other ancillary charges arising from damage to theFlexar Car.
15.3 Where damage to the Flexar Car is not reportedduring the Rental Period, the CDW shall not apply, and the Member shall beliable for the full cost of damage, loss, and associated charges, withoutlimitation to the Excess.
15.4 Vouchers, promotional credits, or discounts maynot be used to offset or pay any portion of the CDW fee.
STANDARD TERMS AND CONDITIONS OF FLEXAR
1 GENERAL TERMS. 2
2 DEFINITIONS. 2
3 ELIGIBILITYFOR MEMBERSHIPS. 5
4 RATE OFFERSAND MEMBERSHIP PLAN.. 7
5 TERMINATION,SUSPENSION AND DISCONTINUATION.. 8
6 RESERVING ANDRENTING A FLEXAR CAR. 10
7 USEROBLIGATIONS AND RESTRICTIONS ON USE. 11
8 ENDING THERENTAL PERIOD. 15
9 PAYMENT OFFEES AND INVOICING.. 16
10 ADDITIONALFEES. 18
11 INSURANCE. 18
12 LIMITATION OFLIABILITIES AND INDEMNITIES. 19
13 DISCLAIMERS. 20
14 ACCIDENTS,DAMAGE TO OR THEFT OF FLEXAR CAR. 20
15 NOTICES TOMEMBERS. 22
16 PERSONAL DATAPROTECTION. 22
17 SERVICEINTERRUPTIONS. 23
18 DISPUTERESOLUTION AND GOVERNING LAW.. 23
19 OTHERS. 23
Schedule 1 – EligibilityCriteria. 25
Schedule 2 – Rate Offers. 26
Schedule 3 – Paid Membership. 27
Schedule 4 – ChangingMembership Plans. 28
Schedule 5 – Termination ForCause. 29
Schedule 6 – Additional Fees. 30
Schedule 7 – Insurance. 35
1.1 Please read these Terms and Conditionscarefully. By installing the Flexar App (as defined below), accessing and/orusing any of the Flexar Services (as defined below), you hereby expresslyacknowledge and agree that you have read, reviewed, understood and agreed to bebound by these Terms and Conditions which are applicable to you.
1.2 We may amend the terms in the Terms andConditions, including the attached Schedules, from time to time at our solediscretion. Such amendments are effective once they are posted on the Flexar Websiteand/or the Flexar App. It is your responsibility to review the Terms andConditions and other policies, if applicable, regularly. It is yourresponsibility to review the Terms and Conditions and any other applicablepolicies regularly to remain informed of any updates.
1.3 If you do not accept any such amendments, youmust terminate your Membership (as defined below) in accordance with this Termsand Conditions and discontinue accessing and/or using the Flexar Services. Forthe avoidance of doubt, your sole and exclusive remedy in this event will be toterminate your Membership in accordance with the termination procedures underthis Terms and Conditions.
1.4 If you have questions regarding this Terms andConditions, please contact us via the live chat function in the Flexar App or onthe Flexar Website.
1.5 Your continued use of the Flexar Services or FlexarApp after any such amendments, whether or not reviewed by you, shall constituteyour agreement to be bound by such amendments.
2.1 “Account” meanstheunique registered user profile created through the Flexar App that isassociated with your personal information, verification credentials, paymentmethod(s), Membership plan(s), usage history, through which you access, manage,and interact with the Flexar Services. A valid Account is required to apply forand maintain a Membership.
2.2 “Affiliates” means any entity thatdirectly or indirectly controls BlueSGPte. Ltd., is controlled by BlueSGPte. Ltd., or is under common controlwith BlueSG Pte. Ltd., where"control" means the possession, directly orindirectly, of the power to direct or cause the direction of the management andpolicies of such entity, whether through ownership of voting securities, bycontract, or otherwise, and shall include the successors, assigns, andpermitted transferees of any such entity.
2.3 “ActivationDate” meansthe date on which you have successfully completed all required steps for thecreation of a Membership and are granted access to the Flexar Services, as set outin Clause 4 herein.
2.4 “AdditionalFees” means the additionalfees payable by you to Flexar including, without limitation, fees arising fromviolations, acts or omissions or other failures to comply with the Termsand Conditions. The instances andamounts of such Additional Fees are set out in Clause 10 and Schedule 6herein.
2.5 “ApplicableLaws” means all applicablelaws, statutes, regulations, rules, codes of practice, guidelines, directives,notices and requirements having the force of law, as amended or re-enacted fromtime to time, in the Republic of Singapore.
2.6 “CDW” means collision damage waiver, the details of whichare set out under Schedule 7.
2.7 “CompletelyUnavailable” means a situationin which the Flexar Services are entirely inaccessible to Members across alllocations in Singapore, due to a complete system outage, service suspension, orother cause attributable to Flexar. For the avoidance of doubt, theunavailability of a Flexar Car or Designated Parking Space or DedicatedParking Space at a specific locationor at a specific time does not constitute Complete Unavailability.
2.8 “CustomerExperience Centre” meansFlexar’s 24/7 help centre, accessible via the live chat function via the FlexarApp for support, including accident and claim reporting, Membership and billingenquiries via email (as listed on the Flexar Website).
2.9 “EligibilityCriteria” means the conditions that Members need to fulfill to have anAccount and Membership as set out in Clause 3 and Schedule 1herein.
2.10 “DedicatedParking Space” has its meaning ascribedin Clause 6.
2.11 “DesignatedParking Space” has its meaningascribed in Clause 6.
2.12 “DynamicPricing” means a pricing modelunder which Fees such as Rate Offers, Rental Fees and surcharges are subject toreal-time variation based on a range of factors, including but not limited tovehicle demand and availability, time of day, duration of rental, location, andother operational considerations. Under this model, the applicable Fees will benotified to you for acceptance prior to your confirmation of reservation orrental of a Flexar Car.
2.13 “EMAS”means ExpresswayMonitoring and Advisory System.
2.14 “Excess” means the Own Damage Excess and Third-Party Excesspayable by you in accordance with Clause 11 and Schedule 7.
2.15 “Fees”means all charges andpayments payable by you as set out in the terms herein, including but notlimited to the charges set out in Clause 3.3.3.
2.16 “Fine”means each fine,penalty, fee, charge or any other sum imposed by any relevant authority inconnection with Traffic Breaches, and “Fines” shall be construedaccordingly.
2.17 “Flexar”means the brand andtrademark which is owned by BlueSG Pte. Ltd. (Company Registration No.:201617258W), a company incorporated in Singapore and having its registeredoffice at 48 Changi South Street 1, Singapore 486130, and “we”, “our”and “us” (whether capitalised or not) shall be construedaccordingly.
2.18 “FlexarCar” means a self-serviceautomobile supplied by BlueSG Pte. Ltd. and “Flexar Cars” shall have thecorresponding meaning.
2.19 “FlexarCar Accessories” means allequipment present in and provided with a Flexar Car including, withoutlimitation, the Flexar Car key, card reader / on board unit (OBU), fuel cards,dashcam, mobile phone holder and safety equipment (e.g. warning triangle).
2.20 “FlexarApp” means the mobileapplication operated by BlueSG Pte. Ltd. and designated as “Flexar” or “FlexarMobility”, downloadable from the Apple App Store, Google Play Store and anyother platform as may be designated by BlueSG Pte. Ltd. from time to time.
2.21 “FlexarServices” means the servicesprovided by BlueSG Pte. Ltd., namely:
2.21.1 reservationand operation of Flexar Cars;
2.21.2 reservation and use of DesignatedParking Space or Dedicated Parking Space for parking of Flexar Cars;
2.21.3 access to and use of the Flexar App;and
2.21.4 all other services from time to timemade available to the Member by BlueSG Pte. Ltd., including those necessary forthe smooth operation of the above services.
2.22 “FlexarWebsite” means www.flexar.com.sg.
2.23 “FlexarZone” means the main islandof Singapore, Sentosa and Jurong Island.
2.24 “GST” means Goods and Services Tax at the applicable prevailingrate.
2.25 “InsuranceCover” means the limitedinsurance policy provided by a third-party insurer to BlueSG Pte. Ltd. whichcovers Members’ liability for third-party property damage, personal injury ordeath in accordance with the Motor Vehicles (Third-Party Risks andCompensation) Act 1960 of Singapore, which are subject to the exclusions and limitsspecified in Clause 11 and Schedule 7 herein.
2.26 “Insurer” means the third-party insurer for the InsuranceCover.
2.27 “LocationSurcharge” has the meaning ascribed to it under Schedule 2 herein.
2.28 “Member” means a natural person who has subscribed to the FlexarServices in accordance with this Terms and Conditions and “you” and“your” (whether capitalised or not) shall be construed accordingly. Legalentities as defined under the Applicable Laws are not eligible for subscriptionto the Flexar Services.
2.29 “Membership” means being a Member and having a Membership Plan.
2.30 “MembershipPlan” means having a FreeMembership or Paid Membership (if and when applicable) in order to access the FlexarServices, which continues for an initial period of one (1) month, automaticallyrenewing for successive one (1) month periods unless terminated in accordancewith the terms set out herein.
2.31 “MembershipFees” means the amountpayable by you for the Paid Membership (if and when applicable) selected as setout in Schedule 3 herein.
2.32 “MembershipPeriod” means the initial andeach subsequent one (1) month period of your Membership, starting from theActivation Date, and renewed in accordance with the terms set out herein.
2.33 “OwnDamage Excess” means the excesspayable by you for damage to the Flexar Car as set out in Schedule 7.
2.34 “PaidMembership” (if and whenapplicable) means a Membership whereby Membership Fees are payable. Additionalterms and conditions applicable to Paid Memberships are set out in Schedule3 herein.
2.35 “PaymentCard” means avalid debit or credit card accepted by Flexar, as stated on the Flexar Website.
2.36 “PDPA” means the Personal Data Protection Act2012 of Singapore.
2.37 “PersonalData” means data about anindividual who can be identified from that data, or from that data and otherinformation that Flexar has or is likely to have access to.
2.38 “PromotionalCode” has the meaningascribed to it under Clause 9.12.
2.39 “RateOffers” means the schedule ofrates, charges and fees applicable to your Membership Plan, as set out in Schedule2 and the Flexar App, the Flexar Website, or as otherwise communicated toMembers, and which forms part of this Terms and Conditions.
2.40 “ReleasedParties” means Flexar, its Affiliates, subsidiaries, relatedentities, and each of their respective officers, directors, shareholders,employees, contractors, agents, successors, and assigns.
2.41 “RenewalDate” means the monthlyanniversary of the Activation Date.
2.42 “RentalFees” means the amountpayable by you to rent a Flexar Car, calculated in accordance with yourselected Membership Plan or Rental Package, and subject to Dynamic Pricing.
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2.44 [IntentionallyLeft Blank]
2.45 “RentalPeriod” means the periodcommencing from the time you start the rental of a Flexar Car until thecompletion of the procedure specified under or as otherwise prescribed by Clause8.
2.46 “Losses” has the meaning ascribed to it under Clause 12.1.
2.47 “Third-PartyExcess” means the excesspayable by you for third-party property damage or personal injury caused duringyour Rental Period, as set out in Schedule 7.
2.48 “Traffic Breaches” meansbreaches of traffic, parking, toll or other road-related laws and regulationsarising from your use of the Flexar Service, and “Traffic Breach” shallbe construed accordingly.
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2.50 “$” means Singapore Dollars, the lawful currency of theRepublic of Singapore.
3.1 As a condition to using and accessing the FlexarServices, you are required to register for a Membership. By creating aMembership, you acknowledge that you have read, and understood, and agree to bebound by all of the terms and conditions relating to your Membership statedherein, including the Rate Offer.
3.2 You are eligible to apply for a Membership ifyou meet the Eligibility Criteria as set out in Schedule 1. By applyingfor a Membership, you represent and warrant to us that you fulfil and canfurnish proof of such fulfilment at any time as requested by us, of all theEligibility Criteria as applicable to you.
3.3 To apply to become a Member, you must:
3.3.1. Complete the Membership application process viathe Flexar App;
3.3.2. Pay the first instalment of the Membership Fee(if any) using your Payment Card ;
3.3.3. Add a valid Payment Card to your FlexarAccount, thereby authorising Flexar to automatically charge this card for:
a. future Membership Fees based on your selectedPaid Membership (if any);
b. all Rental Fees, Additional Fees, reservationfees, Own Damage Excess, Third-Party Excess and any other Fees costs (includingany penalties as stated in Schedule 6) and applicable surcharges(including reservation, platform, cancellation/no-show, excess kilometre,peak/location, vehicle type, and optional add-ons such as CDW) will be chargedto the Member’s account. Ad-hoc charges (e.g., ERP) and any applicablepenalties (e.g., cleaning or smoking) will be passed on to the Member at costwith a 2.8% processing fee. Accident-related charges (including excess,downtime, or loss-of-use fees) will incur processing fees depending on thepayment method used. All charges are subject to prevailing GST;
c. any reasonable expenses or fees, includinglegal or third-party expenses, incurred by Flexar in recovering unpaid sums;
d. a late fee of 5% of the total outstandingamount will be applied to any invoices (including rental, ERP, penalties, andaccident-related charges) that remain unpaid for more than seven (7) days fromthe issue date. For the avoidance of doubt, in addition to applicable latefees, we reserve the right to engage a debt collection agency if paymentremains outstanding for more than thirty (30) days. If any balance continues toremain unpaid, the matter may be reported to the Credit Bureau Singapore (CBS),which may adversely affect your credit score and ability to obtain credit inthe future; and
e. a $5 authorisation hold will be placed on yourpayment method at the time of reservation. This amount will be released if thereservation is cancelled, expires, or does not proceed to a rental. If thereservation converts into a rental, the $5 will be included in and charged aspart of the total rental amount.
(collectively referred to as “Fees”).
3.4 We may reject Membership applications fromindividuals in our sole discretion. Further, by applying for a Membership, youacknowledge and agree to authorise us, at any time, to conduct credit and/orbackground checks to assess risk associated with the provision of any FlexarServices to you. Based on the outcome of such checks, we may reject yourMembership application or discontinue Flexar Services already in progress,without obligation to disclose any reason.
3.5 Holders of expired, suspended, cancelled,withdrawn, restricted, or otherwise invalid driving licences, or whose licenceshave been lost or stolen, are not eligible for Membership. If, during theMembership Period, your driving licence becomes expired, suspended, cancelled,withdrawn, restricted, lost, or otherwise invalid, or you otherwise no longerfulfil the Eligibility Criteria, you must notify the Customer Experience Centreimmediately and cease use of the Services, and your Membership shall beterminated.
3.6 Driving without a valid licence renders youineligible for Insurance Cover and liable for any penalties imposed underApplicable Laws or by Flexar. You shall indemnify and hold Flexar harmless fromall losses, liabilities, claims, damages, costs, and expenses (including legalfees) arising from arising from or in connection with such circumstances.Without prejudice to Flexar’s other rights under this Terms and Conditions, Flexarmay, in its sole discretion, immediately suspend or terminate your Membershipwithout notice and without any refund of Membership Fees (if any), Rental Fees,reservation fees, or any other amounts already paid, if you operate a FlexarCar without a valid driving licence. You shall also remain liable for alloutstanding amounts owed to Flexar, for any other losses, damages, costs, orexpenses incurred by Flexar arising from or in connection with yourunauthorised use of the Flexar Services.
3.7 Meeting the Eligibility Criteria does notautomatically guarantee Membership. Approval of your Membership application isat Flexar's sole and absolute discretion and may be subject to additionalcriteria imposed by either Flexar or its Insurer from time to time. We willnotify you of the outcome of your application through the Flexar App or viaemail.
3.8 Your Membership is personal to you and isnon-transferable. You must not, under any circumstances, permit any otherperson to access or use the Flexar Services with your Membership.
4.1 Members can select among the different MembershipPlans, that each come with the applicable Rate Offers as set out in Schedule2 and the Flexar App, and Membership Fees to suit different usagepreferences:
4.1.1 Free Membership: No MembershipFee shall apply and only the applicable Rate Offers will be payable; or
4.1.2 Paid Membership (if and when applicable): A MembershipFee shall apply, together with the applicable Rate Offers and any additionalbenefits and terms as set out in Schedule3.
Termsgoverning changing your Membership Plan can be found in Schedule 4.
4.2 For the avoidance of doubt, the Rate Offers maybe subjected to Dynamic Pricing. Notwithstanding the above, the applicable RateOffers will be notified to you for acceptance prior to your confirmation ofreservation or rental of a Flexar Car.
4.3 We reserve the right to introduce, modify, orwithdraw any Rate Offers or Membership Plans at any time without prior notice,and to make such offers available to any category of Members, in our solediscretion.
4.4 We may also limit the availability of RateOffers to specific periods, locations, user segment or other operationalconsiderations. Members acknowledge that such changes may take place withoutprior notice, at Flexar’s sole discretion. Flexar shall not be liable for theunavailability of any Rate Offers or any change in pricing structure.
4.5 We may from time to time make limited-timeoffers for longer duration rentals to specific Flexar Cars or Flexar Services (whichinclude, but are not limited to Rental Packages and Rental Passes) to anycategory of Members at our sole discretion via the Flexar App. Additional termsfor these limited time offers (if and when applicable) are set out in Schedule2.
4.6 Each individual Member may only hold one (1)active Membership Plan at any given time. Any attempt to apply for or maintainmore than one active Membership on different Accounts simultaneously is notpermitted and will be deemed invalid and of no effect.
4.7 Your Membership will start on the ActivationDate.
4.7.1 For Free Memberships, this shall be the date onwhich your Membership setup is completed, including verification via SingPassor any other identity authentication method as may be prescribed by Flexar.
4.7.2 For Paid Memberships (if and when applicable),the Activation Date is as set out in Schedule 3 herein.
5.1 Termination for Cause: Wemay, in our sole and absolute discretion, immediately terminate or suspend yourMembership without prior notice, upon the occurrence of any of events set outin Schedule 5.
5.2 Termination without Cause: Notwithstandinganything contrary in this Terms and Conditions, we may, in our sole andabsolute discretion, terminate or suspend your Membership at any time withoutassigning any reason. We may, but shall not be obliged to, provide reasons forsuch termination or suspension. You shall have no claim or remedy against Flexararising from or in connection with any such termination or suspension.
5.3 Blocked: Ifyour Membership is suspended for any reason including but not limited to breachof this Terms and Conditions, you shall remain liable for all Membership Fees(if any) and other Fees accruing during the period of suspension untiltermination of your Membership in accordance with the terms herein. Theeffective date of suspension of your Membership shall be the date on which therelevant notice of suspension is sent to you via email. Save in the case whereyou incur any Excess pursuant to Clause11 and Schedule 7, the effective date shall be as otherwisecommunicated to you by Flexar via email.
5.4 In the event of termination under this Sectionand/or relevant Schedules, we shall not be obliged to refund any portion of theFees already paid by you and you shall remain liable to pay any outstandingFees and amounts accrued prior to the termination. We also reserve the right topursue all legal remedies available under Singapore law to recover any unpaidamounts.
5.5 Further, we reserve the right to deny you anycurrent or future use of or access to the Flexar Services, for any reason wedeem appropriate, including but not limited to the protection of ouroperations, legal position, or other Members.
5.6 Discontinuation: Youmay, during your Membership Period, and for any reason whatsoever, discontinueyour Membership by choosing from the following options:-
5.6.1 Membership Cancellation for PaidMemberships (Temporary Deactivation): You may request tocancel your Paid Membership, with such cancellation taking effect on the nextRenewal Date. Until such time, your entitlement to use and access the FlexarServices shall continue under your current Paid Membership Plan. No refund orcredit will be provided for any unused portion of the Paid Membership orassociated benefits (if any). After cancellation, your Flexar Account andassociated data will be retained. You may reactivate your Paid Membership inthe future by or selecting a new Membership plan, subject to Flexar’s approvaland the prevailing terms. The effective date of cancellation of your Paid Membershipshall be the date on which the relevant notice of cancellation is sent to youvia email. Save in the case where you incur any Excess pursuant to Clause 11 and Schedule 7, theeffective date shall be as otherwise communicated to you by Flexar via email.
5.6.2 Account Deletion (Permanent Termination): Youmay request to permanently delete your Flexar Account via the Flexar App. Uponconfirmation of the request, your Account and all associated data will bescheduled for deletion and/or anonymisation in accordance with Applicable Laws.ACCOUNT DELETION IS PERMANENT AND IRREVOCABLE. If you wish to access anduse the Flexar Services in the future, you must create a new Account andcomplete all applicable registration and verification steps in accordance withthe prevailing terms. All unused Fees paid, benefits, or entitlements (if any) asof the deletion date will be permanently forfeited and are non-refundable andnon-transferable.
5.7 For Paid Memberships (if and when applicable),additional terms apply in Schedule 3 herein if your Paid Membership isterminated by us or discontinued by you.
5.8 For Members with a Free Membership, please notethat if you do not accept any amendments to this Terms and Conditions, yoursole and exclusive remedy shall be to terminate your Membership immediately.You may continue to use the Flexar Services only to the extent necessary toeffect such termination. Continuing to access or use the Flexar Services aftersuch or any amendments means you are deemed to have accepted such or anyamendments in full. For Paid Memberships (if and when applicable), additionalterms apply in Schedule 3 herein. For the avoidance of doubt, if youaccept the amended terms, you remain entitled to upgrade or downgrade yourMembership Plan thereafter, subject to the terms in Schedule 4 herein.
5.9 Termination or discontinuation of yourMembership, whether by you or by us, shall result in the termination of this Termsand Conditions, save that any provisions which by their nature survivetermination (including, without limitation, provisions relating to paymentobligations, indemnities, limitations of liability, dispute resolution, andgoverning law) shall continue to apply in full force and effect. In addition, wereserve the right to recover from you all Fees, charges, costs, and expensesincurred prior to or arising out of the termination, in accordance with the termsherein.
5.10 Upon termination or discontinuation of yourMembership, save for as explicitly set out herein, all rights granted to youunder this Terms and Conditions shall immediately cease. You shall promptlyreturn any property belonging to Flexar and fully settle all outstanding duesand obligations.
Reserving and Renting a Flexar Car:
6.1 Reservation of Flexar Cars shall be made viathe Flexar App only. Rental Packages or Rental Passes (if and when applicable)may, if available, also be made available for booking via the Flexar App.
6.2 After reserving a Flexar Car via the FlexarApp, the rental of the Flexar Car must be started within the timeframestipulated by Flexar in the Flexar App.
6.3 You must click the “start rental” button inyour Flexar App to start a rental.
6.4 If you reserve a Flexar Car but do not startthe rental within the stipulated time period, all applicable fees (if any)under the Rate Offer and the applicable Additional Fees (set out in Schedule 1)shall remain payable. Flexar may, at its sole discretion, review thecircumstances surrounding your failure to start the rental. Where Flexardetermines, in its sole discretion, that you have provided a valid andacceptable reason, it may elect to refund Fees paid in whole or in part. Suchdecisions shall be final and made entirely at Flexar’s discretion.
6.5 As a self-service operation, we shall not beliable to you if a Flexar Car is unavailable or if a reservation cannot behonoured, due to events beyond our control. In such cases, please contact theCustomer Experience Centre, which may direct you to the nearest available FlexarCar. You may be given a complimentary rental period at Flexar’s sole discretionto get to the alternative vehicle.
6.6 For detailed instructions on how to use the FlexarCar, please refer to the Flexar Website.
Reserving a Parking Space:
6.7 You may make a Designated Parking Space orDedicated Parking Space reservation for a parking space designated for use by Members for theparking of Flexar Cars via the Flexar App. Please ensure that youfollow the instructions as made available for the respective parking spaces onthe Flexar App.
6.8 Designated Parking Space:refers to parking lots located within zones designated by us from time to time,as indicated on the App. For the avoidance of doubt, Designated Parking Spacesare not painted or marked as exclusive and are not reserved solely for our use.Accordingly, the availability and location of Designated Parking Spaces mayvary and may be changed by us on a day-to-day basis.
6.9 Dedicated Parking Space:refers to parking lots that are exclusively allocated for our use. Such parkingspaces are clearly marked and painted to indicate their dedicated status.
6.10 Once reserved, the Designated Parking Space or DedicatedParking Space will be held reserved for a limited reservation period. If youreserve a Designated Parking Space or Dedicated Parking Space but do notutilise this reservation within the reservation period, both the applicablereservation fee and Additional Fees (set out in Schedule 6) shall remainpayable. Flexar may, at its sole discretion, review the circumstancessurrounding your failure to utilise the reservation. Where Flexar determines,in its sole discretion, that you have provided a valid and acceptable reason,it may elect to refund any Fee paid in whole or in part. Such decisions shallbe final and made entirely at Flexar’s discretion.
6.11 Flexar will not be responsible if a DesignatedParking Space or Dedicated Parking Space is unavailable or if a reservationcannot be honoured due to circumstances beyond its control (e.g. due tounauthorised vehicles occupying the space). In such an event, please contact usvia the live chat function in the Flexar App and we will assist in locating analternative parking space. You may be given a complimentary rental period at Flexar’sdiscretion to travel to the alternative location.
6.12 Flexar reserves the right to vary reservationfees at any time, at its sole discretion. The applicable reservation fees willbe notified to you through the Flexar App prior to your confirmation of areservation.
6.13 For the avoidance of doubt, we may employ aDynamic Pricing model for all rental and reservation of Flexar Cars.
6.14 Before you confirm any reservation or begin arental of a Flexar Car, the applicable reservation fee or rental rate will bedisplayed to you on the Flexar App. It is your responsibility to review thereservation fee or rental rate notified prior to proceeding with a reservationor starting a rental. By confirming a reservation or starting a rental, youacknowledge and agree to the fees displayed at the time of your confirmation orstarting of the rental.
6.15 The applicable reservation fee and rental rateare determined at the moment of confirmation and are not subject to retroactiveadjustments. However, displayed fees may change without notice prior toconfirmation (e.g., during browsing or selection). Flexar does not guaranteeprice consistency until a rental or reservation is confirmed.
6.16 Flexar shall not be liable for anydiscrepancies in reservation fees or rental rates arising from technicalissues, connectivity delays and/or other factors beyond Flexar’s control. Inthe event of manifest error or system malfunction, Flexar reserves the right tocancel the rental or reservation and offer a refund or other alternativearrangement at its sole discretion.
6.17 In addition to the reservation Fee and RentalFee, Flexar reserves the right, at any time, to impose a Location Surcharge (asdefined under Schedule 2) at its stations.
7.1 You must operate the Flexar Car responsibly andwith all due care and attention.
7.2 You must, at all times, comply with allApplicable Laws, rules, regulations, policies and restrictions relating to youruse of the Flexar Car.
7.3 Upon arriving at the Flexar Car, you will begiven complimentary rental minutes, as determined by Flexar, to visuallyinspect the exterior and interior of the Flexar Car upon first access.
7.4 If the Flexar Car has any visible damage,missing parts, or is unclean, you must immediately inform Flexar via the FlexarApp with full details of the same. You are also required to verify the presenceof the Flexar Car Accessories. If any Flexar Car Accessories are missing, youmust immediately notify Flexar via the Flexar App with full details of suchmissing Accessories. Failure to report any such issues before departing the DesignatedParking Space or Dedicated Parking Space will result in you being heldresponsible for the damage, uncleanliness, or missing Flexar Car Accessories.In addition to the applicable repair or replacement costs for such missing FlexarCar Accessories, you will be charged Additional Fees for failing to report thesame.
7.5 You must take all reasonable care of the FlexarCar. Save for ordinary wear and tear, you must return the Flexar Car to us inthe same condition as when you received it.
7.6 You are required to maintain the cleanliness ofthe Flexar Car. For the avoidance of doubt, absolutely no pets are permitted ina Flexar Car not designated for this purpose, under any circumstanceswhatsoever, at any time before, during, or after your Rental Period. It is yourresponsibility to remove all trash and personal belongings upon the end of therental period, and to leave the Flexar Car in a clean and tidy state for thenext user.
7.7 At all times during the Rental Period, orwhilst otherwise accessing, operating or using a Flexar Car, you must carrywith you a valid driving licence or other certification as is legally requiredto permit you to drive a motor vehicle in Singapore, in accordance with theEligibility Criteria and as required under this Terms and Conditions. You must,upon request by Flexar (including its staff, agents, and representatives),promptly present a valid driving licence and such other identificationdocument(s) as Flexar may reasonably require to verify your identity andconfirm that you are the authorised Member associated with the Rental or use ofthe Flexar Car.
7.8 You must ensure that the Flexar Car remainslocked, secure and parked in a safe location when it is not being driven, withall windows fully shut and the trunk closed.
7.9 You must, at all times, maintain sole andexclusive control of your Membership and Flexar App. You shall maintain thesecurity and confidentiality of your Membership and Flexar App Account,password and login credentials, and shall not share, disclose or allow anyother person to use, the same.
7.10 You and all passengers must wear seat beltsproperly at all times when operating or travelling in a Flexar Car, inaccordance with all Applicable Laws. If transporting any child who is under1.35 metres in height, the child must be secured in a child restraint deviceappropriate for the child’s size and weight and must be seated in the rear seatof the Flexar Car. Please note that Flexar does not provide any child boosterseats, child restraint devices, or child safety equipment. You are solelyresponsible for providing, installing, and ensuring the proper and lawful useof any such child restraint device or booster seat when transporting childrenin the Flexar Car. It is your responsibility to verify that the installation,positioning, and use of any child restraint device complies with all ApplicableLaws in Singapore, including but not limited to the Road Traffic Act 1961 ofSingapore and its subsidiary legislation. Flexar shall not be liable for anyinjury, damage, penalty, fine, or loss arising from your failure to comply withseat belt, child restraint, or passenger safety requirements.
7.11 We reserve the right to determine, at our solediscretion, whether a Member’s use of the Flexar Service constitutes excessiveor abusive usage. Excessive or abusive usage includes, but is not limited to,repeated or prolonged use that unreasonably restricts availability for otherMembers, misuse of vehicles, or conduct that violates Applicable Laws or theseTerms and Conditions. Such usage may result in warnings, temporaryrestrictions, suspension, termination and/or financial liability for damagesincurred.
7.12 You must use the Flexar Car in a safe, lawful,and responsible manner. You shall be fully liable for any breach of the termsherein and for any resulting loss or damage. For the avoidance of doubt, insuch an event, the Member shall be solely liable for all costs incurred toremedy the situation, including but not limited to the penalties as stated in Schedule6. Without limiting the generality of the foregoing, you are strictlyprohibited from using or permitting the use of the Flexar Car in any of thefollowing ways:
7.12.1 if the Flexar Car’s charge or fuel level fallsbelow minimum thresholds as determined by Flexar, at any time during the entireRental Period. For the avoidance of doubt, for safety reasons, Members cannotstart a rental if Flexar Car’s charge or fuel level falls below minimumthresholds as determined by Flexar and Members shall also ensure that theFlexar Car’s charge or fuel level does not fall to zero at any time whilstdriving and/or at any other time during the Rental Period;
7.12.2 refuelling the Flexar Car with a fuel typeother than that specified for the Flexar Car (e.g., diesel instead of petrol);
7.12.3 parking the Flexar Car in any lot within HDBcar parks other than white lots;
7.12.4 outside of the Flexar Zone;
7.12.5 to learn how to drive or to train another todrive;
7.12.6 to transport live animals, except whereexplicitly authorised by Flexar and only in strict compliance with Applicable Laws;
7.12.7 while engaging in any activity that would causethe Flexar Car’s interior to become soiled, wet, smelly or otherwiseuncomfortable for the next user;
7.12.8 operating the Flexar Car as part of a courierservice, whether or not for a fee;
7.12.9 as a for-hire vehicle as part of atransportation network company or any other for-hire or commercial purposes;
7.12.10 in a way which subjects the Flexar Car to beingpushed or pulled by any means and for any reason whatsoever;
7.12.11 to tow, push or move any other vehicle,trailer, or object;
7.12.12 operating the vehicle on unpaved surfaces, orany terrain that is not properly maintained and/or is not a sealed publicroadway suitable for passenger vehicles;
7.12.13 attaching any items to the outside of the FlexarCar;
7.12.14 placing, affixing or displaying any advertisingmaterial outside or within the Flexar Car. Advertising material includes, butis not limited to, any language, image, symbol, graphic, or shape intended toinform, influence or attract the attention of the public, whether forcommercial, informational (private or commercial), cultural or politicalpurposes;
7.12.15 to transport objects or substances (includingbut not limited to hazardous, flammable, corrosive, toxic, explosive, ionizing,or combustible materials) that, due to their nature or odour, may damage the FlexarCar, cause any delay the subsequent use of the Flexar Car and/or that mayotherwise pose a risk to safety of others and/or damage to the Flexar Car;
7.12.16 to participate in automobile races, rallies,trials, or any other competitive event;
7.12.17 in violation of any Applicable Laws orregulations, including but not limited to speed limits, parking restrictions orElectronic Road Pricing requirements;
7.12.18 when a Flexar Car is loaded beyond the FlexarCar manufacturer’s stated passenger and cargo capacity;
7.12.19 when suffering from fatigue which impairs yourdriving ability in any way;
7.12.20 when under the influence of alcohol, drugs,medication, or any other legal or illegal substance that might alter or impair yourability to safely and lawfully operate the Flexar Car;
7.12.21 smoking or permitting any person to smoke inthe Flexar Car at any time;
7.12.22 while eating, drinking or engaging in theillegal consumption of any drugs or controlled substances;
7.12.23 for any illegal purpose, including the illegalconveyance of persons, drugs or contraband, or weapons;
7.12.24 to destroy, damage, or aid in the theft of the FlexarCar;
7.12.25 disassembling, servicing, or repairing, any FlexarCar or accessing any internal mechanical or electric component within the FlexarCar; and/or
7.12.26 if the Flexar Car has been obtained by fraud ormisrepresentation.
7.13 You shall not use the Flexar Services without avalid driving licence or if you fail to meet any of the Eligibility Criteriaset out in this Terms and Conditions. Doing so:
7.13.1 will render you ineligible for the InsuranceCover;
7.13.2 may constitute a criminal offence, and maythereby expose you to penalties under the Applicable Laws;
7.13.3 will constitute a breach of this Terms andConditions;
7.13.4 shall oblige you to indemnify, defend and hold Flexarharmless from and against all losses, claims, actions, costs and expenses inconnection with or arising from your breach of the Terms and Conditions,including but not limited to those arising from the vitiation of the InsuranceCover; and
7.13.5 require you to compensate Flexar for any lossesresulting from your breach.
7.14 You must also use the Flexar App and FlexarWebsite in a safe, lawful, and responsible manner. You shall be fully liablefor any breach of this Clause and for any resulting loss or damage. Withoutlimiting the generality of the foregoing, you are strictly prohibited fromusing or permitting the use of the Flexar App and Flexar Website in any of thefollowing ways:
7.14.1 license, sublicense, sell, resell, transfer,assign, distribute or otherwise commercially exploit or make available to anythird-party the Flexar App or any part thereof in any way;
7.14.2 modify, edit, copy, reproduce, attempt toextract or derive the source code of, decrypt, interfere with, disrupt theintegrity or the performance of, or make derivative works based on the FlexarApp, Flexar Website or any part thereof;
7.14.3 work around, bypass, or circumvent any of thetechnical limitations or navigational structure of the Flexar App or use anytool to enable features or functionalities that are otherwise disabled in the FlexarApp or Flexar Website;
7.14.4 disassemble, decompile, reverse engineer ordecrypt the Flexar App, Flexar Website or any part thereof;
7.14.5 perform or attempt to perform any action thatwould interfere with the proper working of the Flexar App or Flexar Website,unduly burden or hinder the operation and/or performance of the Flexar App orprevent access to or use of the Flexar Services by others;
7.14.6 delete, alter or obscure the copyrights, trademarks,logos and other proprietary rights notices on the Flexar App or Flexar Website;
7.14.7 violate any Applicable Laws, rules orregulations in connection with your access or use of the Flexar App and/or FlexarWebsite;
7.14.8 use the Flexar App or Flexar Website for anyunintended purpose; or
7.14.9 authorise, assist or encourage any third-partyto do any of the foregoing.
7.15 A breach of any of the clauses above inrelation to user obligations and restriction of use of the Flexar Services, FlexarCar, Flexar App or Flexar Website constitutes a material breach of this Termsand Conditions. In such cases, we may suspend or terminate your Membershipimmediately, prevent current and future access to the Flexar Services andimpose Additional Fees, penalties, or liability for damage, and deny InsuranceCover without prejudice to any other rights it may have at law or in equity.You shall also be liable for any penalties that may be imposed by the relevantauthorities due to your breach of or non-compliance with Applicable Laws.
8.1 You must end your Rental Period of a Flexar Carat a Designated Parking Space or Dedicated Parking Space and ensure that thefollowing conditions are satisfied:
8.1.1 the location is identified at that time as a DesignatedParking Space or Dedicated Parking Space on the Flexar App;
8.1.2 you properly park the Flexar Car in accordancewith the signage and boundary markings at the Designated Parking Space orDedicated Parking Space;
8.1.3 the Car has fuel remaining and has not beenrefuelled with the wrong fuel type; and
8.1.4 you lock the Flexar Car through the Flexar Appand receive confirmation that the Rental Period has ended successfully.
8.2 If you fail to complete the above procedurecorrectly, the Rental Period will continue, and Rental Fees may accrue, even ifyou do not use the Flexar Car, until the vehicle is properly returned inaccordance with the terms set out herein. It is highly recommended that youwait in the vicinity of the Flexar Car until the Flexar App confirms that theFlexar Car has been successfully returned, and that the Rental Period hasended.
8.3 We reserve the right to charge Additional Feesin the event of improper return or parking outside the boundaries of the DesignatedParking Space or Dedicated Parking Space. You shall remain liable for anyfines, penalties, or towing costs arising from unauthorised or improperparking.
8.4 We may suspend, withdraw, or modify the DesignatedParking Space or Dedicated Parking Space locations at any time without priornotice. You are responsible for verifying the validity of such parkinglocations before attempting to end a Rental Period at such a location.
9.1 In order to use and access the Flexar Services,you must provide a valid Payment Card that remains valid, active, and capableof accepting charges throughout your Membership Period.
9.2 You hereby authorise Flexar to charge for allFees due to Flexar as specified in this Terms and Conditions, including anyamounts payable after the expiration (if applicable) or termination of yourMembership.
9.3 You agree to pay all Fees if and when theybecome due.
9.4 Flexar reserves the right to recover all Feesand any outstanding amounts due to Flexar under this Terms and Conditions,through automatic billing to your Payment Card, or otherwise through legal andenforcement means permitted under Singapore law. You shall be fully responsiblefor, and shall indemnify, defend, and hold harmless Flexar from and against,all costs, expenses, charges, and liabilities (including legal fees on anindemnity basis and costs of debt collection agencies) incurred by Flexar inconnection with the enforcement or recovery of any outstanding amounts dueunder this Terms and Conditions, whether through legal proceedings orotherwise.
9.5 Flexar will deliver periodic invoices to theMember. Such invoices will set out all Fees due to Flexar as at the date ofthat invoice or paid to Flexar since the later of either the date of theprevious invoice delivered to the Member or the Activation Date.
9.6 You may access all invoices via the Flexar App.
9.7 You must amend your contact and Accountinformation (including the Member's payment information) in the Account page onthe Flexar App whenever it changes so that information available to Flexar isup to date throughout the entire duration of your Membership, and inparticular, before you reserve or rent a Flexar Car. Additional terms andconditions for Paid Memberships (if and when applicable) are set out in Schedule3 and changes to Membership Plans are set out in Schedule 4 herein.
9.8 You must ensure that there are sufficient fundsavailable in your bank account linked to the Payment Card to cover all Fees andany other amounts that may become due to Flexar during your Membership. In theevent that sufficient funds are not available, or if your Payment Card iscancelled by you or your bank for any reason, you must immediately provide Flexarwith an alternative valid Payment Card or other method of payment acceptable toFlexar.
9.9 If your current Payment Card is cancelled,expired or otherwise become ineffective during the term of your Membership, youmust update your Payment Card details immediately within the Flexar App. ForPayment Cards that are due to expire, you must update your Payment Card detailsat least fourteen (14) days prior to the expiry date of the current PaymentCard, and in any event no later than upon receipt of the replacement PaymentCard.
9.10 If we are unable to process any payment of Feesby way of the Payment Card linked to your Account, we will send you an email ora push notification through the Flexar App informing you of the issue. In suchan event, your Membership shall be suspended immediately until you haveprovided us with up-to-date payment information and have settled all overdueFees. Any dishonoured or rejected payments will incur Additional Fees to coveradministrative costs. For the avoidance of doubt, suspension of your Membershipdoes not suspend the accrual of Fees. Additional terms and conditions apply forPaid Memberships (if and when applicable) in Schedule 3 herein. Toterminate your Membership in accordance with the termination provisions herein,you must fully settle any outstanding amounts owed to us. Under nocircumstances will Flexar be responsible for any overdraft, over limit or anyother fees charged by the Member's Payment Card company or bank.
9.11 Subject to the express terms set out in thisTerms and Conditions, all Fees and other amounts payable duringyour Membership are due immediately when they are incurred, and shall be paidin full, without any set-off, counterclaim, deduction, or withholding of anykind, except for any deduction or withholding required by Applicable Laws. Ifany deduction or withholding is required by Applicable Laws, you shall pay to Flexarsuch additional amounts as are necessary to ensure that Flexar receives thefull amount that it would have received had no deduction or withholding beenmade.
9.12 Promotions: Flexarmay, in its sole discretion, create Promotional Codes that may be redeemed bythe Member and credited against Fees, subject to any additional terms that Flexarestablishes on a per promotional code basis. You agree that any PromotionalCode provided by Flexar:
9.12.1 is personal to you, non-transferable, and mayonly be used by you for the intended purpose as specified by Flexar;
9.12.2 must be used only in a lawful manner and inaccordance with the specific terms and conditions established by Flexar forthat Promotional Code;
9.12.3 may not be duplicated, sold, transferred,shared, or made available to any other person or to the general public(including, without limitation, by posting on a public forum) without theexpress prior written consent of Flexar;
9.12.4 may be disabled, modified, or cancelled by Flexarat any time and for any reason, without liability to you;
9.12.5 is not valid for, and cannot be exchanged for,cash, credit, or any other monetary equivalent;
9.12.6 may expire prior to your use without anyliability on the part of Flexar; and
9.12.7 may be withheld, reversed, or deducted (inwhole or in part) by Flexar, including against any credit, benefit, or discountobtained through use of the Promotional Code, if Flexar reasonably determinesthat the use or redemption was in error, fraudulent, illegal, abusive, or inviolation of the applicable Promotional Code terms or this Terms and Conditions.
Any breach of this Clause may result in thesuspension or termination of your access to the Flexar Services, and Flexarreserves all other rights and remedies available under this Terms andConditions, in equity and at law.
9.13 All listed fees and charges are inclusive ofGST, save for as explicitly set out in writing on any payable invoice, theFlexar App or Website, or in the Terms and Conditions herein.
10.1 You must pay Flexar the Additional Fees asspecified in Schedule 6 for, withoutlimitation, fees arising from violations, acts or omissions or other failuresto comply with the Terms and Conditions, including each ticket andfine issued to Flexar as a result of your Traffic Breaches during your RentalPeriod, to cover Flexar's reasonable administrative costs in handling receiptof such ticket and/or fine.
10.2 Thereare other actions that you must take upon committing a Traffic Breach. Pleasesee Schedule6 for more information.
10.3 Lostand found items are handled in accordance with the procedures set out in Schedule6.
11.1 Please note that the Insurance Cover applies toyou in relation to your use of a Flexar Car on the road, and is subject to the applicableexceptions and the specific terms and conditions of the policy providingcoverage. Please see Schedule7 formore information.
11.2 For the avoidance of doubt, you shall be liablefor, and shall pay to Flexar the Excess, which, under Schedule 7, comprisesthe Own Damage Excess for damage to the Flexar Car, and separately, theThird-Party Excess for liability arising from third-party claims (subject toany express terms herein) for any single accident.
11.3 Notwithstanding the above, Flexar does notwarrant or represent that the Insurance Cover is comprehensive or sufficient tomeet your needs or the entirety of any third-party claim as to propertydamages, personal injury or death. Please see Schedule 7 for more information.
12.1 To the maximum extent permitted by ApplicableLaws, the Released Parties shall not be liable to you, your successors, heirs,assigns, personal representatives, and/or any other person or entity claimingthrough you, for any Losses, which refers to any and all claims, demands,liabilities, losses (including loss of income, earnings, profits, oropportunity), damages (whether direct, indirect, incidental, consequential,special, exemplary, or punitive), injuries (including personal injury ordeath), property damage, fines, penalties, costs, expenses (including legalcosts and fees), and causes of action of any kind, whether in contract, tort,strict liability, breach of statutory duty, or otherwise, even if advised ofthe possibility of the same or if the same was reasonably foreseeable, arisingout of or relating to:
12.1.1 your access to, use or attempted use of any FlexarCar, or any of its components, features, accessories, or configurations;
12.1.2 any accident, collision, incident, loss, theft,damage, breakdown, malfunction, or other event involving a Flexar Car;
12.1.3 your access to, use or attempted use of any FlexarCar, Designated Parking Space or Dedicated Parking Space, or any equipment,infrastructure, or facilities associated therewith;
12.1.4 your acts, omissions, misconduct, breach of theterms set out herein, or breach of Applicable Laws;
12.1.5 the acts or omissions of your passengers,invitees, or any other third-party associated with your use of the FlexarServices;
12.1.6 any damage to, loss of, or theft of your oryour passengers’ personal property; or
12.1.7 any unavailability, interruption, suspension,or error in the provision of the Flexar Services, including any technology,platform, or systems used in connection therewith.
12.2 You expressly waive any and all rights underApplicable Laws that may limit the scope of this release to the fullest extentpermitted by law.
12.3 Without prejudice to the Clauses above, and tothe maximum extent permitted by Applicable Laws:
12.3.1 Flexar’s and its Affiliates’ total aggregateliability to you for any Losses, whether arising under contract, tort, breachof statutory duty, or otherwise, in connection with this Terms and Conditionsor your use of the Flexar Services, shall not exceed the total amount of Feesactually paid by you to Flexar in the twelve (12) months immediately precedingthe event giving rise to your claim for such Losses.
12.3.2 Where you have maintained a Membership with Flexarfor less than twelve (12) months at the time of the event giving rise to anyclaim for Losses, Flexar’s total aggregate liability in this event shall notexceed0 $1,000.
12.4 You agree to fully indemnify, defend and holdharmless the Released Parties from and against any and all losses, damages,costs, expenses, liabilities, claims, demands, actions or proceedings(including legal and professional fees on a full indemnity basis) arising outof or in connection with:
12.4.1 your breach of any term of this Terms andConditions;
12.4.2 your use or misuse of the Flexar Services,including improper operation or parking of a Flexar Car;
12.4.3 any infringement of third-party rights whileusing the Flexar Services;
12.4.4 any claim brought by a third-party arising frominjury, death or damage caused directly or indirectly by you or while a FlexarCar is under your control; or
12.4.5 any violation of any Applicable Laws.
13.1 To the maximum extent permitted under theApplicable Laws, Flexar disclaims all warranties, conditions, representationsor other terms, whether express, implied or statutory, including but notlimited to, implied warranties or conditions of merchantability, satisfactoryquality, fitness for a particular purpose, title and non-infringement.
13.2 Flexar makes no representation or warranty thatthe Flexar Car, Flexar App, or Flexar Services will meet your requirements orbe suitable for your specific purposes, or that access will be uninterrupted,timely, secure, error-free, or free from computer viruses or similar harmfulcomponents.
13.3 All Flexar Cars and Flexar Services areprovided strictly on an "as-is" and "as available" basis.You acknowledge that use of and access to the same is at your sole risk.
13.4 The Flexar App may be subject to limitations,delays, and other problems inherent in the use of the internet and electroniccommunications (including problems inherent to the mobile device or tablet youuse to operate the Flexar App). We are not responsible for any delays, deliveryfailures, damages, or losses resulting from such problems.
13.5 We may include within the Flexar App, links toother websites or content on the internet that are owned or operated by thirdparties. Such third-party links are not under our control, and we are notliable for any errors, omissions, delays, inaccuracy or any other objectionablematerial contained in the content of, or the consequences of accessing, anylinked website. Any hyperlinks to any other websites or content are not anendorsement or verification of such websites or content. You agree that youraccess to or use of such linked websites or content is entirely at your ownrisk.
14.1 You are responsible for any and all loss of ordamage to a Flexar Car and any third-party property (including other vehicles)arising:
14.1.1 when the Flexar Car is in your possession,custody or control; and/or
14.1.2 during a Rental Period.
14.2 Your liability for such loss or damage shall belimited in accordance with Schedule 7 to:
14.2.1 the Own Damage Excess, in respect of loss of ordamage to the Flexar Car caused by accident, collision, or otherwise;
14.2.2 the Third-Party Excess, in respect of loss ofor damage to third-party property or Charge Points;
14.2.3 the fair market value of the Flexar Car, in theevent of theft of the Flexar Car;
14.2.4 the fair market value of the Flexar Car, in theevent of vandalism occurring after or in connection with theft of the vehicle;and/or
14.2.5 the fair market value of the Flexar Car, in theevent of vandalism unrelated to theft.
14.3 Notwithstanding any provision above, yourliability shall not be limited in circumstances where:
14.3.1 the Insurance Cover does not apply, includingbut not limited to where you are in breach of the Terms and Conditions.
14.3.2 the loss or damage arises from any prohibiteduse, including but not limited to those prohibited uses specified under Clause 7above.
14.4 You acknowledge and agree that any liabilityfor loss or damage under this Terms and Conditions is due and payableimmediately upon demand by Flexar. Without limitation to the foregoing, youshall also be responsible for all associated costs, expenses, claims, and/orlosses incurred by Flexar arising out of or in connection with the accident,damage, or theft, including:
14.4.1 loss of use of the Flexar Car;
14.4.2 towing, storage, and/or impound fees; and
14.4.3 an administrative charge for Flexar’s internalcosts relating to record-keeping, processing, claims management, andinvestigations.
14.5 All other amounts payable by you under thisClause are exclusive of GST, which shall be payable in addition whereapplicable.
14.6 In the event of an accident, breakdown ortechnical fault of the Flexar car such that it cannot be driven, you arerequired to immediately contact the Customer Experience Centre which willdirect you on your next required course of action. You are required to staywith the Flexar Car until you are informed by the Customer Experience Centre ofyour next course of action, including until the EMAS or other tow truck hastowed the Flexar Car to the nearing parking lot.
15.1 Members will be notified of charges, penalties,suspension or cancellation of Membership by way of written notice through oneof the following means:
15.1.1 email to the email address provided by theMember during the Membership application process; or
15.1.2 registered post to the mailing address providedby the Member during the Membership application process.
16.1 Flexar collects, uses, discloses, and processesyour personal data in accordance with the PDPA and its Privacy Statement is accessibleat www.flexar.com.sg.
16.2 By selecting and signing up for a FlexarMembership, you acknowledge and consent to the collection, use, and disclosureof your personal data by Flexar, for the following purposes:
16.2.1 to verify your identity and eligibility forMembership;
16.2.2 to provide, manage, operate and administer yourMembership and the Flexar Services;
16.2.3 to detect, investigate and prevent fraud,misconduct, unlawful or unsafe activity;
16.2.4 to respond to requests, queries, complaints orfeedback from you;
16.2.5 to process insurance claims and cooperate withinsurers, law enforcement agencies, government authorities or regulators inaccordance with Applicable Laws;
16.2.6 to conduct market research or surveys toimprove our services, and where permitted, send you direct marketing andpromotional messages via SMS, email or push notifications delivered through theFlexar App (which you may opt out of at any time by contacting us at thecontact details provided herein);
16.2.7 to enforce Flexar’s rights under this Terms andConditions and any other applicable terms and policies found on the Flexar Appor Flexar Website; and
16.2.8 disclosure of your personal data to third-partyservice providers (including data hosting providers, insurers, paymentprocessors and survey agencies) and government authorities, where reasonablynecessary to achieve the above purposes.
16.3 To do the above, Flexar may collect thefollowing types of personal data: name and contact information, identificationdocuments (e.g., NRIC, driver's license), payment information (e.g., creditcard details), and rental history and usage data.
16.4 Flexar will implement reasonable securitymeasures to protect your personal data from unauthorized access, collection,use, disclosure, copying, modification or disposal.
16.5 You may withdraw your consent to thecollection, use, and disclosure of your personal data at any time by contactingus at support@flexar.com.sg. Please note that withdrawal of consent may affect Flexar’sability to continue to provide the Flexar Services.
17.1 While Flexar uses its reasonable endeavours tomake the Flexar Services available to you, the 24/7 availability of the FlexarServices is not guaranteed. As the Flexar Services are a self-serviceoperation, Flexar shall not be liable to you for any loss or damage suffered byyou should:
17.1.1 a Flexar Car, Designated Parking Space orDedicated Parking Space be unavailable at any particular location; or
17.1.2 Flexar is incapable of honouring a reservationof a Flexar Car, Designated Parking Space or Dedicated Parking Space in theevent of an occurrence outside of Flexar’s control, such as another Memberfailing to return a Flexar Car at the end of their Rental Period or the parkingof an unauthorised vehicle in the Designated Parking Space at the timereserved.
17.2 If,for any reason, any Flexar Services are Completely Unavailable to a Memberholding a Paid Membership (if and when applicable) for a period as set out in Schedule3, additional terms will apply as stated therein.
18.1 This Terms and Conditions is governed by andconstrued in accordance with the laws of Singapore.
18.2 The parties hereby submit unconditionally tothe exclusive jurisdiction of the courts of Singapore.
19.1 The Member acknowledges and agrees thatownership of the Flexar Cars and Flexar Car Accessories vests with Flexar atall times.
19.2 Nothing in this Terms and Conditions isintended to, or shall be deemed to establish any partnership, agency or jointventure between the Member and Flexar.
19.3 Only the Member and Flexar have rights underthis Terms and Conditions. No other person shall have any rights under this Termsand Conditions.
19.4 The Member may not transfer or assign any ofthe Member's rights or obligations under this Terms and Conditions to any otherperson unless Flexar agrees to this in writing before any such transfer.
19.5 Flexarmay transfer its rights and obligations under this Terms and Conditions toanother organisation at any time. Flexar will notify you if it plans to dothis.
19.6 The rights and remedies provided in this Termsand Conditions are in addition to, and not exclusive of, any rights or remediesprovided by law.
19.7 No failure or delay by Flexar in exercising anyright, power, or remedy under this Terms and Conditions shall operate as awaiver of such right, power, or remedy, nor shall any single or partialexercise of any right, power, or remedy preclude any further exercise of thesame or any other right, power, or remedy. For the avoidance of doubt, if youfail to comply with any obligation under this Terms and Conditions and Flexardoes not immediately enforce its rights, Flexar may nevertheless enforce itsrights at any later time.
19.8 The section headings in this Terms andConditions are included for convenience only and shall not affect theinterpretation of this Terms and Conditions.
19.9 If any of part of this Terms and Conditions isfound to be invalid, void, or for any reason unenforceable, the legality,validity and enforceability of the remaining provisions shall not be affectedor impaired.
19.10 You agree that you shall have no remedies inrespect of any statement, representation, assurance or warranty (whether madeinnocently or negligently) that is not set out in this Terms and Conditions. Eachparty agrees that it shall have no claim for innocent or negligentmisrepresentation based on any statement set forth herein.
19.11 Nothing in this Terms and Conditions shalllimit or exclude any liability for fraud.
1 The Eligibility Criteria for applying for aMembership are as follows:
1.1 you have the legal capacity to read, review,acknowledge and enter into this Terms and Conditions.
1.2 you are at least 18 years old.
1.3 you hold a valid Class 3,3A, 3C or 3CA driving licence under the Applicable Laws.
1.4 you hold a valid credit or debit card acceptedby Flexar, for the entire duration of your Membership, including any renewals.Please refer to the list of accepted payment methods at the Flexar Website;
1.5 you do not have any outstanding or overduepayments owing to Flexar, whether under a current or previous Membership, andyou are not subject to any payment recovery proceedings initiated by Flexar;and
1.6 you have the mental and physical capacity tocompetently, safely and lawfully operate a motor vehicle.
2. You shall not permit any other person,including those who may otherwise meet the Eligibility Criteria, to use yourAccount or the Flexar Services. Any such use shall be deemed unauthorised andshall be a material breach of the Terms and Conditions. In such an event, theMember shall not be eligible for Insurance Cover, and shall be solelyresponsible for bearing and be liable to Flexar for any penalties and/orAdditional Fees that may be imposed by the relevant authorities and/or Flexar,arising out of and in connection with such breach of this Terms and Conditions.
3. All document verification for your FlexarMembership application shall be carried out solely via SingPass, and submissionof such documents for verification through any other means shall not beaccepted.
1 The applicable Rate Offers and RentalFees are subject to Dynamic Pricing for the relevant Rental Period and finalrates are displayed on the Flexar App for acceptance prior to starting arental.
1.1 Rental Fees are payable separately from and inaddition to any Membership Fee (if any) and you may not set off any instalmentsof the Membership Fee against the Rental Fee. For the purposes of calculatingthe Rental Fees, any incomplete minutes in the Rental Period will be rounded upto the next full minute.
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3 Depending on rental demand, Flexar may impose afee for the reservation of a Flexar Car or a Designated Parking Space orDedicated Parking Space.
3.1 You can accept the fee and confirm thereservation fee at the time of making the reservation on the Flexar App. If youdo not accept the fee, you can reject it and proceed to use the Flexar Serviceswithout the reservation.
3.2 All reservations of a Flexar Car, DesignatedParking Space or Dedicated Parking Space will remain effective for a limitedtime stipulated by Flexar.
4 Depending on rental demand, Flexar may impose aLocation Surcharge for rentals commencing from and/or ending at any current orfuture Designated Parking Stations. Any applicable Location Surcharge will bedisplayed on the Flexar App.
4.1 If both the Designated Parking Space orDedicated Parking Space at which you commence your rental and the DesignatedParking Space or Dedicated Parking Space at which you conclude your rental aredesignated as subject to a Location Surcharge, you will be charged a separateLocation Surcharge for each such Station, in addition to any applicable RentalFees. Such Location Surcharge(s), if any, are displayed on the FlexarApp for acceptance prior to starting a rental.
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1 We may, in our sole and absolute discretion,immediately terminate or suspend your Membership without prior notice, upon theoccurrence of any of the below events:
1.1 you fail to make full payment of any Fees orany other amounts due and payable to Flexar when due;
1.2 you fail to make payment within thirty (30)calendar days from the date of any reminder or demand issued by Flexar;
1.3 you breach any provision of this Terms andConditions, and such breach is either in the sole opinion of Flexar not capableof remedy or is not remedied within seven (7) calendar days from written noticeby Flexar requiring remedy;
1.4 you are involved in any accident, incident orconduct (including unsafe or inappropriate driving behaviour) which, in Flexar’ssole opinion, renders you unsuitable to continue using the Flexar Services;
1.5 you fail to make an accident report withintwenty (24) hours of such accident or as required under the Applicable Laws. Insuch an event, your Membership will be temporarily suspended until a suchreport has been made to the satisfaction of Flexar, and Additional Fees under Schedule6 shall be imposed;
1.6 you are at any time during a Rental Perioduncontactable by Flexar;
1.7 you engage in inappropriate, illegal,threatening, abusive, negligent or fraudulent conduct whether in relation to Flexarstaff, agents, other Members or members of the public;
1.8 you no longer meet the Eligibility Criteria;
1.9 you provide any false, misleading, incomplete,or inaccurate information to Flexar in any context including during yourapplication, Rental, in-vehicle usage, or accident reporting;
1.10 you allow any other individual to access or usethe Flexar Services or any Flexar Car using your Account or on your behalf,whether with or without your knowledge or consent;
1.11 you misuse or abuse the Flexar Services in anymanner contrary to this Terms and Conditions, including repeatedly cancellingor failing to commence rentals without valid reasons, or otherwise interferingwith operational efficiency; and/or
1.12 you are subject to any legal or regulatoryrestrictions which prevent you from operating a vehicle or continuing as aMember.
1. In the event of any breach, violation, act,omission, or failure by you to comply with the terms of this Terms andConditions, Flexar may, at its sole discretion, levy Additional Fees againstyou in accordance with this Contract.
1.1. The imposition of Additional Fees is withoutprejudice to any other rights or remedies available to Flexar under thisContract, at law, or in equity, including but not limited to the right tosuspend or terminate your Membership.
1.2. In addition to suspending or terminating yourcurrent Membership, Flexar reserves the right to prohibit your future access toor use of any Flexar Services for such duration as Flexar may impose in itssole discretion.
1.3. During any period of Membership suspension, andfollowing termination of your Membership by Flexar due to your misconduct,breach, or omission, you shall remain liable for all Membership Fees (if any)and other applicable charges through the end of your then-current MembershipPeriod and, where applicable, any subsequent Membership Periods that have beenautomatically renewed prior to the effective date of termination.
2. Traffic Breaches and Fines: You are solely responsible for anyTraffic Breaches and shall be fully responsible for the payment of any Fines.
2.1 In addition to suspending or terminating yourcurrent Membership, Flexar reserves the right to prohibit your future access toor use of any Flexar Services for such duration as Flexar may impose in itssole discretion.
2.2 Flexar may, upon receiving notification of anyoffence, disclose your personal data to the relevant authorities as required bylaw. You agree to indemnify Flexar for any Fines incurred on your behalf, andAdditional Fees will be charged to cover Flexar’s administrative costs inprocessing such matters. You must notify the Customer Experience Centre withinthree (3) days of your receipt of any Fine.
2.3 You agree that Flexar may, upon receivingnotification of any offence, disclose your personal data to the relevantauthorities as required by the Applicable Laws.
2.4 You agree to fully indemnify Flexar for eachticket and fine which may be incurred by Flexar as a result of or in connectionwith any Traffic Breaches.
2.5 You must pay Flexar the Additional Fees asspecified in the table below for each ticket and fine issued to Flexar as aresult of or in connection with any Traffic Breaches during your Rental Periodto cover Flexar's reasonable administrative costs in handling receipt of suchticket and/or fine.
2.6 If you cause a Flexar Car to be immobilised,clamped, or removed due to any Traffic Breach, you shall be deemed to haveabandoned the vehicle for the purpose of this Terms and Conditions. You shallalso fully indemnify Flexar for any fees or any other liabilities incurred by Flexar(for example, to the authorities or private operator of the relevant parkingfacility) as a result or in connection with the immobilisation or clamping ofthe Flexar Car.
3. The table below details each chargeable eventand the Additional Fees associated per occurrence. For the avoidance of doubt,additional fees may be applicable
CHARGEABLE EVENT
ADDITIONAL AND OTHER FEES PER OCCURRENCE
Failure to return the Flexar Car in accordance with the proper return procedure under this Contract (including, without limitation, failure to lock the Flexar Car, failure to turn off the headlights of the Flexar Car and failure to park at a Designated Parking Space or Dedicated Parking Space)
$50
If you fail to return a Flexar Car in accordance with this Contract, the Rental Period shall continue until the earlier of: (i) the return of the Flexar Car to a Designated Parking Space or Dedicated Parking Space; or (ii) recovery of the Flexar Car by Flexar or its agents.
You shall continue to be charged Rental Fees during such extended Rental Period, subject to a maximum charge of $500 for that Rental Period.
In addition, you shall be liable for all towing, storage, and/or recovery costs incurred by Flexar, at a minimum fee of $50.
Without prejudice to the foregoing, you may also be subject to any fines, penalties, or enforcement actions imposed by the relevant authorities under Applicable Laws.
Abandonment of Flexar Car
(i.e. leaving a Flexar Car unattended at any location other than a Designated Parking Space or Dedicated Parking Space, or failing to properly return the Flexar Car in accordance with the return procedures set out in this Terms and Conditions, whether or not the Member intends to retrieve the vehicle)
$300
An abandonment of a Flexar Car shall constitute a failure to return the Flexar Car in accordance with this Terms and Conditions and shall result in the continuation of the Rental Period until the earlier of: (i) the return of the Flexar Car to an a Designated Parking Space or Dedicated Parking Space; or (ii) recovery of the Flexar Car by Flexar or its agents.
You shall continue to be charged Rental Fees during such extended Rental Period, subject to a maximum charge of $500 for that Rental Period.
In addition, you shall be liable for all towing, storage, and/or recovery costs incurred by Flexar, at a minimum fee of $50.
Without prejudice to the foregoing, you may also be subject to fines, penalties, or enforcement actions imposed by the relevant authorities under Applicable Laws.
More than 100 Flexar Car reservations without commencing Rental Periods per month, thereby abusing the Flexar Service
$100
Loss of use
$130 per day or part thereof
Submitting an inaccurate or false photograph at the end of the Rental Period
$150
Transporting a live animal in a Flexar Car without the express authorisation from Flexar
$150
Refuelling the Flexar Car with the wrong type of fuel
$200
In addition to the Additional Fees above, the Member shall be responsible for the full cost of any repairs or replacement of damaged components caused by such refueling, which will be charged in full to the Member.
Failure to maintain minimum vehicle charge/fuel level in Flexar Car at any time during the Rental Period
$200
In addition to the Additional Fees above, the Member shall be responsible for the full cost associated with recovery, including but not limited to towing, roadside assistance, vehicle transport, refuelling or recharging services, administrative fees, and any third-party costs reasonably incurred.
Submitting an untrue, false, or purposefully misleading damage report
$100
Submitting an untrue, false, or purposefully misleading cleanliness report
$100
Failure to return Flexar Car Accessories at the end of the Rental Period
$80
Damage to the Flexar Car’s dashcam or any accessories attached to or in the vicinity of the dashcam
$380
Parking in a Dedicated Parking Space reserved by another Member
$50
Failure to:
(i) immediately report any accident involving the Flexar Car with the approved reporting centre as set out in the Flexar App or as made available in the Flexar Car;
(ii) immediately report any incident (including, without limitation, any damage detected to the Flexar Car before you start your Rental, theft or vandalism of the Flexar Car) to Flexar via the Flexar App with full details of the same; and/or
(iii) lodge a complete accident report within 24 hours of such accident or as required by Applicable Laws.
$500
In addition to the Additional Fee above, your Membership shall be terminated immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period as determined by Flexar at its sole discretion, commencing from the effective date of termination.
In addition to the above, you shall also be liable for any penalties that may be imposed by the relevant authorities under the Applicable Laws.
In the event where Members do not file the mandatory accident report within the required timeframe, the Insurer may reject or repudiate insurance coverage for the incident, and all subsequent claims related to the case. In such cases you may become fully liable for all losses, damages, costs, and expenses arising out of or in connection with the incident. Furthermore, you will also be liable for all repairs and losses incurred in relation to the Flexar Car.
Using the Flexar Services without a valid driving licence
$300
In addition to the Additional Fee above, your Membership shall be terminated immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period as determined by Flexar at its sole discretion, commencing from the effective date of termination.
In addition to above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Using the Flexar Services while under the influence of alcohol, drugs, medication, or any other legal or illegal substance that might alter or impair your ability to safely and lawfully operate the Flexar Car
$300
In addition to the Additional Fee above, your Membership shall be terminated immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period as determined by Flexar at its sole discretion, commencing from the effective date of termination.
In addition to above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Material omission or providing incorrect details (such as incorrect age or incorrect identification number or incomplete address), during the Membership application process
$100
In addition to the Additional Fee above, your Membership shall be cancelled immediately, and you shall not be permitted to re-apply or re-subscribe to use the Flexar Services or for Membership for a period to be determined by Flexar in its sole discretion.
In addition to above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Failure to cooperate with any request for information or assistance from you by Flexar or repeated failure to do so.
Suspension or termination of Flexar Membership at Flexar’s discretion.
In addition to the above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws
Threats, insults, violence, or profanity, directed at Flexar personnel.
$1000
Suspension or cancellation of Flexar Membership at Flexar’s discretion.
In addition to the Additional Fee above, Flexar reserves the right to commence legal proceedings against you.
Flexar Car is impounded as a result of breach of any Applicable Laws by a Member
$1000
Flexar Car is returned in an unclean state at the end of the Rental Period (including, without limitation, soiling the interior of the Flexar Car with cigarette ashes, food wrappers, used cups and pet fur)
$150
The Additional Fee above is inclusive of cleaning charges that will be incurred by Flexar.
Failure to comply with Applicable Laws resulting in a notice of an offence or a fine being issued to Flexar by the relevant authorities during the Rental Period
$30
In addition to the Additional Fee above, your Membership may be suspended or cancelled at the sole discretion of Flexar.
In addition to the above, you may also be subject to any penalties that may be imposed by the relevant authorities under Applicable Laws.
Usage of Flexar Car by a person other than the Member, as determined by Flexar’s personnel or relevant authorities
$300
In addition to the Additional Fee above, your Membership will be cancelled immediately unless specific circumstances notified to and acceptable in Flexar’s sole discretion apply. If your identity had been compromised, Flexar may consider not cancelling your Membership. However, this exception will only apply if you notified us of complete details of such incident prior to its occurrence and you provide Flexar with a copy of a timely police report filed in respect of such incident.
You shall not be permitted to use or access the Flexar Services for a period of 6 months from the date of the cancellation of Membership.
Leaving the Flexar Zone
$500
In addition, you shall also be liable for applicable towing fees of no less than $50.
Failure to update Payment Card information where such Payment Card has been cancelled, expired or otherwise rendered ineffective
$30
4. Lost and Found:During the rental period, any lost and found items will be handled as follows:
4.1 Pursuant to Clause 7.3, Members are entitled tocomplimentary rental minutes, as determined by Flexar, to visually inspect theexterior and interior of the Flexar Car upon first access. As such, after theconclusion of a Rental Period, Members should initiate a new rental and usethese complimentary minutes to retrieve any lost items.
4.2 In the event that a lost item is not retrievedwithin the period specified in Paragraph 4.1 above, all lost items shall bereported to, and surrendered at, Kampong Glam Neighbourhood Police Centrewithin seven (7) days of the item’s retrieval from the vehicle and Membersshall be entitled to retrieve their lost items directly from Kampong Glam NeighbourhoodPolice Centre commencing seven (7) days from the date the lost item wasreported.
4.3 For the avoidance of doubt, Flexar shall bearno liability for any loss or damage to any such items. It is the soleresponsibility of the Member to ensure that all personal belongings are removedfrom the Flexar Car prior to the conclusion of the Rental Period.
1 Flexar Cars are covered by a motor policy whichexcludes all aviation liability (including any third-party claims) and damageto aircraft.
2 Flexar maintains third-party liabilityinsurance for itself consistent with the minimum standard of insurance coverrequired by law as follows:
2.1 unlimited for death or bodily injury to anyperson in any one accident; and
2.2 up to a limit of Singapore dollars five million(S$5,000,000) per claim or a series of claims resulting from one event fordamage to property resulting from the accident. For the avoidance of doubt, inthe event that a claim or a series of claims resulting from one event fordamage to property resulting from the accident exceeds Singapore dollars fivemillion (S$5,000,000), you will not be covered for such additional amount.
3 You acknowledge and agree that the InsuranceCover may not cover in whole or in part, your liability to Flexar or to a third-party,including for damage to the Flexar Car, damage to a Designated Parking Space orDedicated Parking Space, injury to you, injury to other people, and/or damageto or loss of your property or a third-party's property, and that despite theInsurance Cover, you may be liable directly to Flexar and/or any third-party towhom you have caused damage, injury or loss through your use of the FlexarServices. For the avoidance of doubt, the Insurance Cover does not cover anydamage to or loss of your property through your use of the Flexar Services.
4 Moreover, you acknowledge and agree that theInsurance Cover will not cover you in the following cases, including, withoutlimitation:
4.1 the Flexar Services accessible under a Member’sMembership is used by any other person other than that Member;
4.2 the Flexar Services are used without a valid oreffective driving licence as required under this Terms and Conditions;
4.3 the Flexar Car is operated while the Member isunder the influence of drugs or alcohol, or any other substance that impairsdriving ability;
4.4 where the Flexar Car is taken outside of the FlexarZone;
4.5 where the Flexar Car was used to participate inautomobile races, rallies, trials or any other competitive event, or where theMember otherwise uses the Flexar Services in a manner not in accordance withthe Contract;
4.6 where the Member makes a false or misleadingstatement to the Insurer; and
4.7 the Flexar Services are used by anyone who istrying to hurt themselves or commit suicide.
5 You further acknowledge and agree that theavailability of a claim under the Insurance Cover, whether to you or to any third-party(including any passenger in a Flexar Car operated by you), does not affect Flexar’sright to bring a claim against you for any damage caused by your breach of thisTerms and Conditions, the applicable insurance documentation, and/or ApplicableLaws, except as expressly set out in the terms herein.
6 Without limiting any of the Clauses above, Flexarreserves the right to bring a claim against you for any loss or damage itsuffers in connection with a Flexar Car during a Rental Period where such lossor damage arises from or in connection with any of the following:
6.1 any breach by you of this Terms and Conditions;
6.2 any unlawful activity undertaken by you;
6.3 any misrepresentation made by you, whether to Flexar,the Insurer, in any accident report, insurance claim, or police report;
6.4 improper use of the Flexar Car, including butnot limited to the transport of flammable materials, explosives, or the use ofthe Flexar Car for hire or for any other commercial purpose;
6.5 wilful damage to the Flexar Car;
6.6 use of the Flexar Car by any person other thanyou; and/or
6.7 failure to lock the doors, windows, or boot ofthe Flexar Car when it is unattended to or unoccupied.
7 Flexar reserves the right, at any time andwithout prior notice to you, to modify the Insurance Cover, provided that anysuch modification complies with the minimum insurance requirements prescribedunder Applicable Laws for operating a vehicle on public roads in Singapore.
8 In the event of any payment under the InsuranceCover, Flexar and/or its Insurer shall be entitled to all rights of recoveryfrom any third-party against whom the person receiving the payment may have aclaim. You must sign and deliver to Flexar and/or its insurer all documentsreasonably requested in relation to such recovery, cooperate fully in anyrecovery action, and do nothing to prejudice the rights of Flexar or itsInsurer.
9 When a person has been paid damages under theInsurance Cover and also recovers from another party such damages, the amountrecovered from such other party shall be held by that person in trust for Flexarand its Insurer and such amount shall reimbursed to Flexar and its Insureraccordingly.
10 Flexar and its insurer may seek subrogation,which is reimbursement from you in the event that you are at fault for anaccident for which Flexar or its insurer has provided payments to a third-partyfor damages or injuries sustained by that third-party.
11 In the event of a collision, accident orincident resulting in injury to any third-party or damage to third-partyproperty, you are strictly prohibited from entering into any settlementagreement or other arrangement with any third-party and/or admitting liability,making any offer of payment, or otherwise prejudicing the interests of Flexaror its Insurer. Any such action may result in the Insurance Cover being deniedor limited. You shall be personally liable for all resulting losses, damages,liabilities, and costs incurred by Flexar and/or its insurer arising from anyunauthorised settlement or admission of liability.
12 You agree to ensure that you and yourpassengers provide full co-operation to Flexar and its insurer, includinggiving all information, documents and help that Flexar and its insurer mayneed, attending interviews and investigations, providing statements, and/orassisting in and attending any court or dispute proceedings. If you and yourpassengers fail to do so, the Insurance Cover may not apply.
13 In addition to any amounts payable by you underthis Contract or not covered by the Insurance Cover, Flexar reserves the rightto impose an administrative charge of 10% of the monetary value of the totalClaim or repair cost. This charge is intended to cover internal processing,coordination, and administrative handling of the incident, and may be appliedregardless of whether the Claim or repair is covered under the Insurance Cover.
14 The Excess: Where, during aRental Period, the Flexar Car is damaged and/or if any injury or damage iscaused to third-party persons or property (including, without limitation,damage arising out of or in connection with a road traffic collision oraccident) the Member shall pay to Flexar the applicable Excess for eachincident.
14.1 TheExcess(s) payable is set out in the table below. Until payment of theapplicable Excess(s) is received, the Member is suspended from using the FlexarService.
OwnDamage Excess (in relation to damage caused to a Flexar Car)
APPLICABLE EXCESS
AMOUNT DUE
Members who are 22 years of age or older AND with minimum two (2) years driving experience
S$3,000
Members who are below 22 years of age AND/OR with minimum one (1) year driving experience
S$5,000
Members who are below 22 years of age AND/OR with less than one (1) year driving experience
S$8,000
Third-Party Excess(in relation to claims paid or to be paid by Flexaror the Flexar Insurer, to third partiesfor personal injury,property damage or otherwise)
APPLICABLE EXCESS
AMOUNT DUE
Members who are 22 years of age or older AND with minimum two (2) years driving experience
S$3,000
Members who are below 22 years of age AND/OR with minimum one (1) year driving experience
S$5,000
Members who are below 22 years of age AND/OR with less than one (1) year driving experience
S$8,000
14.2 For the avoidance of doubt, any Own Damage Excess and/orThird-Party Excess payableherein is in addition to (and not in lieu or in substitution of) any administration fees or any other fees thatmay be payable by you to Flexar under this Terms and Conditions or otherwise.
14.3 All Excess charges are subject toapplicable GST.
14.4 In the event you fail to makepayment for the applicable Excess, Insurance Cover may be ineffective.
15 CDW: If the Member electsto purchase the optional CDW, the CDW fee shall be charged at the ratedisplayed in the Flexar App and shall be calculated on a per-minute basis forthe duration of the Rental Period.
15.1 For the avoidance of doubt, if CDW ispurchased, the Member’s liability for damage shall be limited to the applicableExcess amount per incident, as set out in the Flexar App. If no CDW ispurchased, the Member shall remain liable for the full cost of all damage,loss, and associated charges, without limitation to the Excess.
15.2 The CDW does not cover any loss of use charges,administrative fees, or any other ancillary charges arising from damage to theFlexar Car.
15.3 Where damage to the Flexar Car is not reportedduring the Rental Period, the CDW shall not apply, and the Member shall beliable for the full cost of damage, loss, and associated charges, withoutlimitation to the Excess.
15.4 Vouchers, promotional credits, or discounts maynot be used to offset or pay any portion of the CDW fee.