3.Mobile Charges. You are responsible for payment of any costs or expenses incurred as a result of downloading and using any Mobile App, including any operator network and roaming charges. Please check with your service provider for details.
Unless otherwise agreed in writing you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Apps or Services in any way; (ii) modify or make derivative works based upon the Mobile Apps; (iii) create Internet “links” to the Web Site or “frame” or “mirror” the Mobile Apps or Services on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Mobile Apps or Services in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Mobile App or Services, or (c) copy any ideas, features, functions or graphics of the Web Site, Services, or Mobile App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Web Site, Services, or Mobile App.
5.ID Number, Password and Security. You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by Flexi Transfers for use in connection with the Web Site, the Services, or the Mobile App. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify Flexi Transfers immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site, the Services, or the Mobile App. FLEXI TRANSFERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
7.Proprietary Rights and Communication with Flexi Transfers.
(i) The Web Site and the Mobile App, and certain content therein, the Services, and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein, including all rights, in and to the Web Site, the Services, and the Mobile App, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Web Site, the Services, or the Mobile App) by Flexi Transfers International and/or its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site, the Services, or the Mobile App, or any other Flexi Transfers or licensor owned intellectual property without Flexi Transfers's prior permission; provided, however, that you may download or print a copy of information from the Web Site for your use in learning about, reserving, or using the Services.
8.Third-Party Applications. The Web Site, the Services, and the Mobile App may enable you to link or connect you to use functionalities of third party applications, services or sites that are not owned or controlled by Flexi Transfers (“Third Party Applications”). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. Flexi Transfers has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third parties that may be accessible via the Web Site, the Services, or the Mobile App. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such Third Party Applications.
9.Warranty Disclaimer. THE WEB SITE, THE SERVICES, THE MOBILE APP AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE, THE SERVICES, OR MOBILE APP, INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION, ARE PROVIDED BY FLEXI TRANSFERS ON AN "AS IS" BASIS, AND NEITHER FLEXI TRANSFERS NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE SERVICES, OR THE MOBILE APP OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE, THE SERVICES, OR THE MOBILE APP. IN ADDITION, FLEXI TRANSFERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER FLEXI TRANSFERS NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE, THE SERVICES, OR THE MOBILE APP WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVICES, OR THE MOBILE APP ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10.Limitation of Liability. IN NO EVENT WILL FLEXI TRANSFERS, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR THE MOBILE APP, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS LINKED TO THE WEB SITE, THE SERVICES, OR THE MOBILE APP, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER FLEXI TRANSFERS KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLEXI TRANSFERS'S AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE, THE SERVICES, OR THE MOBILE APP (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO FLEXI TRANSFERS FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that Flexi Transfers has agreed to provide the Web Site, the Services, and the Mobile App in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
16.International Access. The Web Site, the Services, and the Mobile App are provided from Australia and all servers that make it available reside in Australia. The laws of other countries may differ regarding the access and use of the Web Site and Service. We make no representations regarding the legality of this Web Site, the Services, or the Mobile App in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of Australia
19.Force Majeure. Flexi Transfers shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site, the Services, or the Mobile App provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, infectious diseases, government-sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of Flexi Transfers.