Terms of service

1. Introduction and acceptance

These Terms of Service govern your use of flexi-drive.co.za and your application for a Flexi Drive vehicle subscription. They are offered by Flexi Drive (Pty) Ltd t/a Flexi Drive (registration number 2012/068050/07), of 163 Uys Krige Drive, Ground Floor, Zeezicht Building, Tygerhills Office Park, Plattekloof, Cape Town, 7500.

By using the website or submitting an application you agree to these terms. If you subscribe to a vehicle, you will also sign a Subscription Agreement. If the Subscription Agreement conflicts with these terms, the Subscription Agreement prevails.

Important clauses. Clauses in bold limit our liability, place risk on you, or create obligations for you, as section 49 of the Consumer Protection Act 68 of 2008 (CPA) requires us to highlight. Please read them carefully and ask us if anything is unclear.

Definitions

Flexi, we, us

Flexi Drive (Pty) Ltd t/a Flexi Drive.

You, Subscriber

The person who applies for or holds a subscription.

Vehicle

The used vehicle provided to you under a subscription, including any replacement or loan vehicle.

Subscription

The right to use a Vehicle for the Term in return for the Monthly Fee. Ownership of the Vehicle never passes to you.

Term

24 months from delivery, unless your Subscription Agreement says otherwise.

Monthly Fee

The fixed monthly amount shown in your Subscription Agreement.

Initial Payment

The first payment determined by your risk assessment.

Excess

The amount you pay toward any insurance or warranty claim.

2. The service, eligibility and payments

What the Monthly Fee includes

All vehicles are pre-owned. Only vehicles listed on the website are available, and listings are subject to availability until your Subscription Agreement is signed.

Who can apply

To apply you must:

• be 18 or older and a South African citizen or permanent residency holder;
• hold a valid South African driver’s licence (a learner’s licence is not acceptable);
• provide a valid ID, proof of address, proof of income and bank statements; and
• pass our risk and affordability assessment.

By applying you consent to us obtaining your credit record from registered credit bureaus. We may decline any application at our discretion. Flexi is not a credit provider, a subscription is not a credit agreement, and we cannot offer payment arrangements.

Payments

• Your Initial Payment is your first Monthly Fee or a larger initial payment, depending on your risk assessment. It must be paid before delivery.
• The Monthly Fee is collected by debit order on the date in your Subscription Agreement. You must keep sufficient funds available.
• Late or failed payments may incur interest at the rate permitted by law, reasonable administration fees and collection costs.
• If you miss a payment, we may suspend the Vehicle, immobilise it through the tracking unit where lawful, and recover it after giving you written notice and a reasonable opportunity to pay.
• The Monthly Fee may increase annually by the percentage stated in your Subscription Agreement. We will give you at least 20 business days’ written notice.

3. Your obligations when using the Vehicle

The Vehicle remains our property (or our funder’s) throughout the Term. You must:

• Drive only with a valid licence, and allow only drivers named in your Subscription Agreement to drive.
• Use the Vehicle for private use only. Commercial use is prohibited, including e-hailing, deliveries, courier work, passenger transport or any use for reward.
• Not take the Vehicle outside South Africa without our prior written consent.
• Not sell, sublet, pledge, modify, brand or remove the Vehicle’s tracking device, or allow any lien over it.
• Have the Vehicle serviced on schedule at an approved service provider, at your cost, and keep proof of service.
• Keep the Vehicle roadworthy, licensed, locked and secured, and keep tyres in legal condition.
• Not use the Vehicle in races, off-road events, to tow beyond its rating, or while under the influence of alcohol or drugs.
• Report any accident, theft, damage or warning light to us and the insurer within 24 hours, and to SAPS where required.
• Pay all traffic fines, tolls and e-tolls incurred during the Term. You consent to us redirecting fines to you as the driver and may be charged a reasonable administration fee per fine.
• Allow us to inspect the Vehicle on reasonable notice.

Tracking. The Vehicle has a tracking unit that records location and usage data. You consent to us using this data to protect the Vehicle, respond to emergencies and check compliance with these terms, as described in our Privacy Policy.

Breach of insurance conditions. If the insurer rejects a claim because you breached its conditions or these terms (for example driving under the influence or by an unlisted driver), you are liable for the full cost of the loss or damage.

Returning the Vehicle

At the end of the Term, or on earlier termination, you must return the Vehicle with all keys, documents and accessories to the location we specify. We will inspect it, and you are liable for damage beyond fair wear and tear, missing items, and kilometers above any agreed limit, as set out in our return standards.

4. Cancellation, termination and liability

Cooling-off

If you concluded your Subscription Agreement online or as a result of direct marketing, you may cancel it without reason or penalty within the cooling-off period allowed by section 44 of the Electronic Communications and Transactions Act 25 of 2002 (7 days) or section 16 of the CPA (5 business days), whichever applies. If the Vehicle has been delivered, you must return it in the condition received, and you may be charged a reasonable fee for its use and any damage.

Early cancellation by you

As section 14 of the CPA allows, you may cancel your Subscription on 20 business days’ written notice. You will remain liable for all amounts due up to the cancellation date, the cost of any damage, and a reasonable cancellation penalty calculated as set out in your Subscription Agreement and in line with regulation 5 of the CPA Regulations.

Termination by us

We may terminate your Subscription and recover the Vehicle if you materially breach these terms or your Subscription Agreement (including non-payment, prohibited use or tampering with the tracker) and fail to remedy the breach within 20 business days of written notice. We may act immediately where the Vehicle is at risk, used unlawfully, or the breach cannot be remedied.

Limitation of liability

To the extent the law allows, Flexi Drive is not liable for any indirect or consequential loss, loss of income or business, or inconvenience arising from the unavailability, breakdown or recovery of the Vehicle, except where caused by our gross negligence or willful misconduct. Nothing in these terms limits your rights under the CPA or any liability that cannot be excluded by law.

You indemnify Flexi Drive against claims, fines and losses arising from your use of the Vehicle in breach of these terms or the law.

Your CPA rights

Nothing in these terms removes your rights under the CPA, including the right to safe, good-quality goods (sections 55 and 56) and fair and honest dealing. The warranty included in your subscription is in addition to these rights.

Website use

Information on the website (including indicative prices) is for general guidance and is not an offer. Prices are confirmed only in your Subscription Agreement. You may not misuse the website, attempt to gain unauthorised access, or copy its content without our consent. All website content and the Flexi Drive name and logo belong to Flexi Drive or its licensors.

5. General terms and contact

• Privacy. We process your personal information as described in our Privacy Policy and POPIA Notice.
• Notices. You choose the email and physical address in your Subscription Agreement as your address for legal notices (domicilium citandi et executandi). Our address for notices is 163 Uys Krige Drive, Ground Floor, Zeezicht Building, Tygerhills Office Park, Plattekloof, Cape Town, 7500.
• Complaints. Contact us first on 087 898 3531 or generalqueries@fleximobility.co.za. If we cannot resolve your complaint within 15 business days, you may refer it to the Motor Industry Ombudsman of South Africa, the National Consumer Commission, or another forum available under the CPA.
• Changes. We may update these terms. Changes do not affect a signed Subscription Agreement unless you agree in writing.
• Severability. If any clause is found invalid, the rest remains in force.
• No waiver. Any leniency we show does not waive our rights.
• Entire agreement. These terms, your Subscription Agreement and our policies are the whole agreement between us.
• Governing law. South African law applies. You consent to the jurisdiction of the Magistrates’ Court, even if the amount exceeds its ordinary jurisdiction, without excluding your right to approach a competent High Court.

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