FLEXa Terms and Conditions

1. Parties, service and scope

These terms form the agreement between The Sovereign Series (Pty) Limited, which provides FLEXa, and each person or authorised gym representative who registers for or uses FLEXa. They govern access products, payment facilitation, gym-entry credentials, refunds, records and the allocation of responsibility among FLEXa, members and participating gym operators. ¶

A participating gym is an independently operated business. The operator remains responsible for its premises, staff, equipment, opening hours, house rules, health and safety practices and fitness services. FLEXa supplies the technology and commercial workflow described in these terms; it does not operate the gym merely because the gym appears in FLEXa. ¶

2. Eligibility, accounts and authority

A member must be at least 18 years old, legally capable of contracting, use accurate and current registration information and use only their own account. FLEXa may require identity, age, market, device or payment verification before enabling a protected function. ¶

A person acting for a gym or other legal entity confirms that they are authorised to bind and administer that entity. Account access is personal to the authorised user and may not be transferred, shared or used to impersonate another person. ¶

3. Access products, prices and availability

Each FLEXa access product grants the displayed number of personal physical-gym visits for the selected market, branch or product scope. A visit is a contractual entitlement, not money, electronic money, credit, an investment or a transferable voucher; it cannot earn interest, be transferred or be exchanged for cash except where a mandatory right or an approved refund applies. ¶

FLEXa displays the product, branch scope, visit quantity, currency, fees and total price before purchase. Availability and pricing can vary by branch, demand band, market and time. The server revalidates the selected product and exact price before creating a payment, and the confirmed purchase record governs if a stale screen differs. ¶

4. Payments and PayFast

For an enabled South African purchase, FLEXa creates a server-priced order in South African rand and redirects the member to PayFast, an external payment provider. The member authorises PayFast and the relevant financial institution to process the selected payment under their own applicable terms and privacy notices. FLEXa does not store raw card numbers, bank-login credentials or one-time payment credentials. ¶

A browser return page, email or screenshot is not proof that FLEXa has received payment. An access product is issued only after FLEXa receives and independently validates the corresponding PayFast payment notification, merchant reference, amount, currency and provider status. Duplicate, altered, expired, mismatched or unverified notifications do not create a visit entitlement. ¶

FLEXa does not create a debit order, subscription or recurring payment merely because a person registers or buys an access product. Any additional provider fee, tax or charge must be disclosed before the member confirms the transaction, unless it arises from the member's own bank or payment arrangement outside FLEXa's control. ¶

5. Access credentials and redemption

An available visit may be reserved when FLEXa issues a short-lived, device-bound QR or other access credential for a selected branch. The credential is personal, may be used only for the identified visit and must not be copied, sold, forwarded or presented for another person. ¶

A visit is redeemed only after the authorised scanner validates the credential, member, branch, product, device, time window and replay status. A failed, rejected or expired attempt does not by itself consume a visit; a valid credential can be redeemed only once. Connectivity, safety, venue closure, verification or security controls may delay or refuse entry without creating an automatic right to bypass the operator's lawful rules. ¶

6. Cancellations, refunds and payment disputes

An unredeemed access reservation is released when it expires or is validly cancelled. A refund for an eligible unused purchased visit is returned through the original payment rail after identity, payment, entitlement, fraud and prior-refund checks. Promotional visits and visits already validly redeemed are not refundable unless applicable law requires otherwise. ¶

Refund eligibility, timing and any lawful deduction depend on the product terms, the reason for cancellation, provider processing times and mandatory consumer rights. FLEXa will not require a member to waive a right that cannot lawfully be waived. The member should report an unknown payment, duplicate charge, failed entitlement or refund dispute promptly through the registered support channel and must not submit information they know is false. ¶

7. Participating gyms and operator settlement

Gym descriptions, facilities, accessibility information, operating hours and branch rules are supplied or approved by the participating operator. Members should verify time-sensitive venue information before travel. An operator may apply lawful safety, capacity, conduct and identity rules consistently with the accepted product and applicable law. ¶

Operator commission, platform fees, taxes, reconciliation and settlement are governed by the signed operator agreement and applicable market annex. Settlement is calculated from validated branch entry and payment evidence, consolidated to the tenant where applicable and remains subject to the agreed approval and dispute controls. ¶

8. Health, safety and member conduct

Physical exercise carries inherent risks. A member is responsible for choosing activity appropriate to their circumstances, following posted and staff safety instructions, using equipment correctly and stopping if they feel unwell or unsafe. FLEXa does not provide medical diagnosis, treatment, fitness clearance or emergency services. ¶

A member must comply with lawful gym rules and must not misuse a credential, damage property, endanger another person, harass staff or members, interfere with a scanner or attempt to defeat a security control. A gym may refuse or end access for an immediate safety or serious conduct reason, subject to applicable law and the dispute process. ¶

9. Disclaimers and allocation of liability

FLEXa will use reasonable care in providing the platform but does not promise that every gym, product, payment rail, network, device or feature will always be available, uninterrupted or error-free. Estimates such as distance, demand or availability can change and must be revalidated at the point identified in the service. ¶

FLEXa is responsible for loss to the extent caused by its breach of these terms or a duty imposed by law. FLEXa is not responsible for an independent operator's premises, staff, equipment or fitness service, or for loss caused solely by the member, an unauthorised third party, the member's bank or device, an event outside reasonable control, or information the member knew was inaccurate. ¶

Nothing in these terms excludes or limits liability for fraud, wilful misconduct, gross negligence where it cannot lawfully be limited, death or personal injury caused by legally actionable fault, or any warranty, remedy or consumer right that applicable law does not permit the parties to exclude or limit. ¶

10. Account, device and credential security

Users must protect passwords, one-time codes, registered devices and access credentials; keep contact details current; sign out of devices they no longer control; and notify FLEXa promptly of suspected unauthorised access. FLEXa, PayFast and participating gyms will never ask a user to disclose a FLEXa password or one-time verification code. ¶

FLEXa may revoke sessions, invalidate credentials, require re-verification or temporarily restrict a protected function when reasonably necessary to investigate fraud, protect a person or venue, comply with law or contain a security incident. These measures must be proportionate and do not determine a final payment or contractual dispute by themselves. ¶

11. Privacy, communications and records

FLEXa processes personal information under the effective FLEXa Privacy Policy and applicable market law. The policy explains the responsible party, information sources, purposes, permissions, sharing, international processing, security, rights, retention and account deletion. PayFast processes payment information under its own notice when the member uses that provider. ¶

FLEXa retains versioned agreement acceptance, party details, acceptance time, document hash, payment and access evidence, notices and attributable audit records for service delivery, security, accounting, disputes and lawful compliance. Retention and deletion follow the categories and limits stated in the Privacy Policy; closing an account does not require FLEXa to destroy evidence that must lawfully be preserved. ¶

12. Suspension, closure and changes

A user may stop using FLEXa and may request account deletion through the published process. FLEXa may suspend or terminate access for a material breach, fraud, unlawful conduct, a serious security or safety risk, or where the service can no longer lawfully be supplied. Where reasonably possible, FLEXa will give notice and an opportunity to remedy or dispute the reason. ¶

Account closure does not extinguish a completed payment, refund, chargeback, settlement, dispute, confidentiality, privacy, record-retention or liability obligation. Eligible unused visits and legacy balances, if any, remain subject to the original product, payment rail and mandatory law. ¶

FLEXa versions these terms. A material change will be notified through an appropriate registered or in-app channel before it takes effect where required, and fresh acceptance will be obtained where applicable. The accepted version remains linked to its immutable hash and audit reference. ¶

13. Electronic agreement, governing law and mandatory rights

Selecting the required acceptance control records an electronic agreement with the completed party details, version, server time, document SHA-256 and audit reference. Notices and records may be created and delivered electronically in accordance with applicable electronic-transactions law. ¶

For a South African member or transaction, South African law applies. Nothing prevents a consumer from using a court, regulator, ombud, tribunal or other remedy available under mandatory law. A market annex may identify additional local terms for another approved market but may not remove a right that cannot lawfully be removed. ¶

These terms, the effective Privacy Policy, the selected product disclosure and any applicable market or operator annex form the governing document set. If they conflict, mandatory law prevails; then the market or product-specific term governs its specific subject; and these general terms govern the remaining service. ¶

Legal sources and provider notice

South African transactions and electronic acceptance are subject to applicable legislation, including the Consumer Protection Act, the Electronic Communications and Transactions Act and the Protection of Personal Information Act. The linked official sources are provided for direct reference; an external provider's terms or notice do not replace FLEXa's obligations. ¶