1. Disclaimer

(a) LEGO® is a trademark of the LEGO® Group, which does not sponsor, authorize or endorse this web site.

(b) Flexiplay is not affliated with any of the brands of toys which it provides as Goods and, unless otherwise represented, those brands do not sponsor, authorize or endorse this web site.

2. Membership

(a) Welcome to FlexiPlay.com.au. By registering with this website and agreeing to hiring LEGO® items and/or other goods (‘Goods’) from Flexiplay, you are agreeing to become a member of Flexiplay (‘Member’) and bound by these terms and conditions.

(b) As a Member of Flexiplay, you are able to rent a variety of Goods from Flexiplay.

(c) You may not become a Member if you are under the age of 18 or you are not able to form legally binding contracts.

(d) A membership cannot be cancelled on the same day that it is established.

(e) To become a Member, you must provide Flexiplay certain information as set out in clause 11.

3. Subscriptions

(a) You are required to pay a monthly subscription fee in order to hire Goods from Flexiplay (‘Fee’).

(b) The Fee and the frequency of payments is dependent on which hiring plan you select. The details of each hiring plan can be found on our website.

(c) Regardless of whether you hire or exchange any Goods in any month, we will charge you the Fee and deduct it from your credit / debit card until you cancel your subscription pursuant to clause 10.

(d) We will charge you the Fee on the same date each month (that the Fee is due under Your hiring plan) as the date on which your membership started, provided that if that date does not exist in a particular month, we will bill the Fee on the last day of that month.

(e) You must provide Flexiplay with a pre-authorisation for up to $500 on its credit/debit card until you cancel your membership pursuant to clause 10.

(f) If Flexiplay offers any free trial, coupon or offer for a limited time membership, your credit/debit card will be automatically billed for any additional months of membership thereafter. Gift credit cannot be transferred between accounts or refunded.

(g) Flexiplay may, at its discretion and no more than once in any year, alter the hiring plans which are available to You. Such changes will be effective from the next payment due by You under Your hiring plan.

4. Delivery

(a) Flexiplay will deliver Goods to you (at Flexiplay’s cost) as soon as reasonably practicable after Flexiplay receives payment of the Fee and your preferences of Goods to be delivered.

(b) Subject to sub clause (a) and sub clause (c), you are entitled to one delivery of LEGO® and/or Goods per month (subject to Flexiplay receiving the Fee).

(c) You must return Goods in accordance with your hiring plan before you are entitled to a further delivery of Goods.

(d) Flexiplay will send all deliveries via a third party shipping carrier (‘Carrier’).Flexiplay does not require signatures or other methods of verifying delivery. It is your responsibility to ensure there is a safe and secure place for delivering the Goods.

(e) Flexiplay is not responsible for the shipment once it has been collected by the Carrier from Flexiplay’s premises and you agree that a statement from the Carrier that Goods have been delivered to you is sufficient evidence of that fact.

(f) You must return the Goods in accordance with these terms in the reply paid satchel provided or, otherwise, at your cost.

5.Flexiplay’s obligations

Flexiplay will ensure that all Goods collected by the Carrier (to be delivered to you) will be in a clean and useable condition, however, Flexiplay cannot guarantee the condition of the Goods following the shipment process.

6. Member’s obligations

(a) ensure sufficient funds are available for Flexiplay to make direct debits from the account linked to your debit/credit card;

(b) provide Flexiplay accurate personal details pursuant to clause 11;

(c) return Goods to Flexiplay on time and in a clean and useable condition;

(d) immediately notify Flexiplay of any damaged or missing Goods and/or pieces comprising the Goods;

(e) populate Your queue of requested Goods in accordance with Flexiplay’s minimum requirements, as notified to You from time to time. If You do not do so, then we may choose Goods to deliver to You as satisfaction of Flexiplay’s obligations under these terms;

(f) return any LEGO® completely disassembled and in the mesh bags provided; and

(g) not publish any content or engage in any conduct that subjects Flexiplay to any threat of civil or criminal proceedings or penalties.

7.Purchase of Goods

(a) At Flexiplay’s discretion, Flexiplay may offer the Goods which are delivered to You for purchase by You.

(b) If you choose to purchase such Goods, Flexiplay provides no warranties in relation to those Goods, except those which cannot be excluded under law and they are provided in the condition which they are delivered to You, at the cost which is offered to You by Flexiplay.

8. Member’s warranties

You warrant that you are above the age of 18 and you have the financial capacity and authority to become a Member of Flexiplay.You warrant that you are above the age of 18 and you have the financial capacity and authority to become a Member of Flexiplay.

9. Loss of Goods

(a) Subject to sub clause (c), Flexiplay will not charge you for the loss of up to 10 individual standard pieces per set of Goods.

(b) You will incur a charge equivalent to the market value of the set hired if a set is returned to Flexiplay missing more than 10 individual pieces. The charge does not represent a purchase of the Goods by you.

(c) Certain sets contain special pieces which are not easily replaced. If one or more special pieces is lost or damaged by You, you will be charged the full replacement cost of replacing each special piece. If a special piece cannot be replaced without repurchasing the entire set, we will charge you a charge equivalent to the replacement cost of the entire set.

(d) We will charge you a charge equivalent to the market value of any Goods if such Goods are not returned or returned in a condition which cannot be re-hired to another Member. The charge does not represent a purchase of the Goods by you.

(e) You authorise Flexiplay to immediately charge their debit/credit card any amount determined pursuant to sub clauses (b), (c) and (d) (if applicable).

10. Cancellation

(a) You can only cancel your membership with Flexiplay on the following conditions:

(i) by providing notice to Flexiplay of such cancellation at least 48 hours in advance of the next scheduled payment under Your hiring plan;
(ii) paying all Fees and any amounts owing to Flexiplay under clause 9 and such Fees and amounts being received in full by Flexiplay; and
(iii) all Goods being returned to Flexiplay (subject to any loss of Goods).

(b) If you cancel your membership, Flexiplay will release the pre-authorisation on your debit/credit card once any relevant charges have been deducted.

11. Personal information

(a) To become a Member, you must provide the following information to Flexiplay:

(i) your postal address;
(ii) your email address;
(iii) your mobile or telephone number; and
(iv) your debit/credit card details (including expiry date).

(b) Flexiplay may use this information to provide You with information about Flexiplay’s services or business, or to comply with its rights or obligations under these Terms.

12.Non-personal information

To help customise your experience and direct more appropriate Goods to you, Flexiplay may also ask you for non-personally identifiable information, such as the age and gender of your children, annual income etc. Providing this information is optional, so feel free to ignore these requests.

13. Usage information

(a) In addition to collecting personal and non-personal information, Flexiplay may also collect non-personal, aggregated information about Members’ use of our website.

(b) Information collected under clause (a) is not personally identifiable and will only be used to find out how Members use our services and the website.

14. Credit/debit card information

(a) Flexiplay will notify you 60 days from the date of the expiration of your debit/credit card.

(b) If you exceed the expiration time period without reconciling the account, your account with Flexiplay will be locked until new credit/debit card details are provided to Flexiplay and all payments owing to Flexiplay are made.

15. Opt in/Opt out

(a) As a condition of signing up as a Member, you have chosen to opt in for any electronic communication.

(b) By providing notice to Flexiplay, you can opt out from receiving any electronic communication.

16. Publicity and marketing

(a) Flexiplay does not sell, rent or exploit the information provided by you for marketing purposes.

(b) The personal information you provide to us will be stored on secure computers and/or servers.

(c) In the event of a security breach regarding any information provided to us by you, Flexiplay will notify you via electronic communication within 45 days of confirming the extent of the breach.

17.Tracking

(a) Like most sites, Flexiplay makes use of browser “cookies.” Cookies are small text files placed on your computer’s hard disk by our server. They allow us to quickly check your status as a member so we can take you directly where you want to go.

(b) Flexiplay will never use cookies to retrieve information from a computer that is unrelated to our site or services.

(c) Cookies might be used for advertising purposes.

18. Links to other sites

As part of the service, Flexiplay may create links allowing you to access third party sites.Flexiplay is not responsible for the content that appears on those sites and does not endorse these sites. We suggest you consult those sites’ individual privacy policies in order to determine how they treat user information.

19. Notice

Any notice by you to Flexiplay under these terms and conditions must be sent by email to info@flexiplay.com.au or through the relevant portal on our website if applicable.

20. Assignment

(a) Flexiplay may assign its rights under these terms and conditions without your consent.

(b) You must not assign its rights under these terms and conditions without Flexiplay’s consent, which consent may be withheld by Flexiplay in its absolute discretion.

21. Intellectual property

(a) Any Intellectual Property owned or licensed by Flexiplay in relation to this website and the services provided by Flexiplay remains vested in Flexiplay notwithstanding any provision to the contrary in these terms and conditions.

(b) Intellectual Property means all intellectual property rights, whether registered or not, and whether capable of registration or not, anywhere, including without limitation:

(i) rights in respect of or in connection with (including rights to apply for the registration of) any copyright, patents, petty patents, inventions, trademarks, service marks or design rights; and
(ii) know-how, processes and concepts.

22. Indemnity

You must indemnify and hold harmless Flexiplay (and its officers, directors, shareholders and agents (if any)) from and against all claims, damages, costs (including without limitation legal costs on a full indemnity basis), losses, liabilities and expenses caused by your acts, omissions, negligence, breach of duty, breach of contract or breach of these terms and conditions.

23. Limitation of liability

(a) To the maximum extent permitted by law and to the extent that Flexiplay’s liability to you is not or cannot be excluded, Flexiplay’s liability is limited (at the option of Flexiplay) to:

(i) the re-supply of the Goods; or
(ii) the payment of the Fees in regards to the Goods provided

(b) Except for by these terms and conditions and to the maximum extent permitted by law, Flexiplay makes no warranties or guarantees whether express or implied in connection with its supply of Goods to all Members.

24. Governing law

These terms and conditions will be governed by the laws of South Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia.

25. Alterations to these terms and conditions

(a) Flexiplay reserves the right to amend, remove, or add to these terms and conditions of use at any time without notice and such modifications will be effective immediately.

(b) Please continue to review these terms and conditions of use whenever accessing or using this website.

26. Who we are

Flexiplay is a partnership between Joanna Louise Manifold and Gina Paola Garcia Ayala.