Terms of Use
Last updated on 26 June 2025
TERMS OF USE
SECTION 1: DEFINITIONS, INTERPRETATION, AND ACCEPTANCE
- 1.1 Definitions:
- Accident: Any unintended event involving the Vehicle that results in damage to the Vehicle, other property, or injury to persons, regardless of severity or fault.
- Accident Fee: A financial charge levied upon the Member in the event of an Accident where the Member is determined to be At-Fault, calculated as per the detailed methodology outlined in Section 4.1 and Appendix A.
- Application Processing: The comprehensive due diligence procedure undertaken by Flux to ascertain a prospective Member's eligibility, creditworthiness, driving history, and suitability for a vehicle subscription.
- At-Fault: A determination by Flux, based on available evidence, police reports, and/or insurance assessor reports, that the Member's actions, negligence, or non-compliance with traffic laws directly caused or primarily contributed to an Accident, or where no third party can be successfully identified and held liable.
- Billing Cycle: The predefined recurring period (typically monthly, unless otherwise specified in the Booking Confirmation) at the commencement of which Subscription Fees are due and charged.
- Booking Confirmation: The official document or electronic communication issued by Flux to the Member, detailing the specific Vehicle, initial Subscription Period, Subscription Fees, Security Deposit, and any other agreed-upon specific terms of the Subscription.
- Business Days: Refers to any day from Monday to Friday, excluding official public holidays observed in Kuala Lumpur, Malaysia.
- Calendar Days: Refers to all seven days of the week, including Saturdays, Sundays, and official public holidays.
- Early Termination Fee: A liquidated damage charge incurred by the Member for any cancellation of the Subscription initiated by the Member prior to the natural expiration of the agreed Subscription Period, as itemized in Section 3.4.
- Host: A third-party individual or entity who owns a Vehicle and entrusts it to Flux for the purpose of sub-leasing or sub-subscribing to Members via the Flux Platform.
- Immobilization: The action taken by Flux to remotely disable, restrict, or render inoperable the Subscribed Vehicle, typically due to Payment Default or other material breaches of this Agreement.
- Late Fee: A penalty charge applied to any outstanding payment not received by Flux by its stipulated due date, as detailed in Section 7.1.
- Member: The individual or legal entity, identified in the Application and Booking Confirmation, who has formally applied for and entered into a Vehicle subscription agreement with Flux.
- Payment Default: Occurs when the Member fails to make any payment due to Flux (including, but not limited to, Reservation Fees, Subscription Fees, Late Fees, Accident Fees, Repossession Fees, or other charges) by its prescribed due date.
- Platform: Encompasses Flux's official website (www.flux.my), mobile application, or any other digital or physical interface utilized by Flux for the provision of its services.
- Police Report: An official written document issued by the Royal Malaysia Police, detailing the circumstances, findings, and parties involved in an Accident or other incident concerning the Vehicle.
- Repossession: The lawful act of Flux taking physical possession and control of the Subscribed Vehicle due to a Member's material breach of this Agreement, including but not limited to Payment Default.
- Reservation Fee: A non-refundable, upfront fee paid by the prospective Member to formally initiate the Application Processing for a Vehicle subscription.
- Security Deposit: A refundable sum of money paid by the Member to Flux, held as collateral against potential damages to the Vehicle, unpaid fees, fines, penalties, or other liabilities incurred by the Member during the Subscription Period.
- Subscription: The contractual arrangement between Flux and the Member for the periodic, non-exclusive use of a specific Vehicle for a defined Subscription Period, subject to all terms and conditions of this Agreement.
- Subscription Fees: The recurring charges levied by Flux to the Member for the ongoing use of the Vehicle, as detailed in the Booking Confirmation and payable at the beginning of each Billing Cycle.
- Subscription Period: The agreed-upon duration, commencing from Vehicle delivery, for which the Member is granted use of the Vehicle under this Agreement, as specified in the Booking Confirmation.
- Sum Insured Value: The maximum monetary value for which the Vehicle is covered under Flux's insurance policy, as determined by Flux's insurer.
- Vehicle: The specific automobile identified in the Booking Confirmation, provided by Flux to the Member for use under this Subscription Agreement.
- Vehicle Swap Fee: A non-refundable administrative charge applied for facilitating an exchange of the Subscribed Vehicle for an alternative Vehicle, as detailed in Section 8.1.
- 1.2 Interpretation:
- 1.2.1 Headings: The headings and subheadings used throughout this Agreement are for convenience and ease of reference only and shall not influence, restrict, or modify the interpretation of any clause or provision contained herein.
- 1.2.2 Singular and Plural: Words used in the singular form shall be construed to include the plural, and vice versa, where the context so requires.
- 1.2.3 Gender: Words denoting any gender shall include all genders.
- 1.2.4 "Including" Clause: The term "including" shall be understood to mean "including, but not limited to" or "including, without limitation," and shall not be construed as limiting the generality of any description preceding it.
- 1.2.5 Currency: All monetary amounts stated in this Agreement are in Malaysian Ringgit (RM) unless otherwise explicitly specified.
- 1.3 Acceptance of Terms:
- 1.3.1 Binding Agreement: By clicking "I Agree," submitting an application, paying the Reservation Fee, or taking possession of a Vehicle from Flux, You signify Your irrevocable acceptance of, and agreement to be bound by, all the terms and conditions contained within this Agreement, any associated appendices, and Your specific Booking Confirmation.
- 1.3.2 Capacity to Contract: You represent and warrant that You are at least eighteen (18) years of age, possess a valid and unrestricted driving license in Malaysia, and have the legal capacity to enter into this binding Agreement. If acting on behalf of a legal entity, You warrant that You have the requisite authority to bind that entity to this Agreement.
SECTION 2:
RESERVATION AND APPLICATION PROCESS
- 2.1 Reservation Fee:
- 2.1.1 Mandatory Payment: A non-refundable Reservation Fee is a mandatory prerequisite for initiating the Application Processing for any Vehicle subscription with Flux. This fee covers Flux's immediate administrative and operational costs associated with processing Your application.
- 2.1.2 Irrevocable Non-Refundability: The Reservation Fee becomes strictly and irrevocably non-refundable once Flux has commenced any tangible aspect of the Application Processing. This includes, but is not limited to:
(a) initiation of identity verification checks;
(b) commencement of credit assessments;
(c) retrieval of driving records;
(d) internal assignment of a dedicated application processing agent;
(e) any engagement with third-party verification services; or
(f) any other activity directly or indirectly related to evaluating Your application.The burden of proof demonstrating that Flux has not commenced processing lies solely and conclusively with the Member. - 2.1.3 Exceptional Refund Consideration: Refunds for the Reservation Fee will only be considered in the extremely rare and exceptional circumstance where Flux has demonstrably not initiated any stage of the Application Processing whatsoever. Such a request must be submitted in writing to Flux's designated email address within twelve (12) hours of the Reservation Fee payment. Flux's internal records regarding processing commencement shall be final and binding.
- 2.2 Application Processing:
- 2.2.1 Eligibility Verification Timeframe: Flux commits to completing the initial verification of a Member's eligibility within seven (7) Business Days following the successful receipt of the Reservation Fee and all required supporting documentation from the Member. This timeframe may be extended if Flux requires additional information or documentation from the Member, or due to circumstances beyond Flux's reasonable control.
- 2.2.2 Absolute Discretion of Approval: The final approval or rejection of any application, for any reason or no reason, rests entirely and exclusively within Flux's absolute and unchallengeable discretion. Flux is under no obligation to provide specific reasons for the rejection of an application.
- 2.2.3 Formal Notification: Members will be formally notified of the definitive status of their application (i.e., approved, rejected, or requiring further information) solely via email to the primary email address provided during the application submission. It is the Member's exclusive responsibility to ensure the accuracy of this email address and to regularly monitor it for Flux's communications. Flux shall not be liable for any delays or issues arising from inaccurate email addresses or unmonitored inboxes.
- 2.2.4 Immediate Processing Commencement:For the avoidance of doubt, Application Processing shall be deemed to commence immediately upon Flux's confirmed receipt of the Reservation Fee, regardless of the subsequent sequence of internal processing steps.
- 2.3 Vehicle Delivery:
- 2.3.1 Delivery Arrangement Pre-Conditions: Upon formal approval of the application, and the successful receipt by Flux of both the required Security Deposit and the initial Subscription Fee, Flux will endeavor to arrange for the delivery of the Vehicle within seven (7) Calendar Days. This timeframe is strictly contingent upon the immediate availability of the specific Vehicle and prevailing logistical schedules.
- 2.3.2 Estimated Nature of Timeframes: All stipulated delivery timeframes are provided purely as estimates and are inherently subject to the actual availability of the selected Vehicle model, unforeseen operational complexities, traffic conditions, and other logistical factors beyond Flux's direct control. Flux expressly disclaims any liability for losses, damages, or inconveniences arising from delays in Vehicle delivery.
- 2.3.3 Precise Delivery Notification: The Member will receive a specific notification via email confirming the exact delivery date, the estimated time window for delivery, and the agreed-upon delivery location. Any subsequent alterations to the confirmed delivery schedule will be communicated promptly through the same electronic channels.
- 2.3.4 Mandatory Vehicle Inspection and Damage Reporting: Upon taking physical possession of the Vehicle, the Member is mandated to conduct an exhaustive and thorough physical inspection of the Vehicle's exterior, interior, and basic functionalities. Any and all pre-existing issues, damages, defects, or discrepancies (including but not limited to scratches, dents, chips, interior stains, missing items, or non-functional accessories) must be meticulously documented with clear photographic and/or video evidence and reported to Flux immediately, and in any event, within a strict period of three (3) Calendar Days from the time of delivery.
- Failure to report any such issues within this specified three (3) Calendar Day period will create an irrebuttable presumption that the Vehicle was received by the Member in perfect condition, free from any unreported issues, and any subsequent issues discovered or reported will be conclusively deemed to have occurred entirely during the Member's active Subscription Period, rendering the Member solely liable for their repair or rectification costs.
SECTION 3:
SUBSCRIPTION TERMS
- 3.1 Subscription Period
- 3.1.1 Initial Period Definition: The initial Subscription Period shall be precisely and unequivocally defined as stated in the Booking Confirmation mutually agreed upon by Flux and the Member.
- 3.1.2 Minimum Subscription Durations: Certain Vehicle models may be subject to mandatory minimum Subscription Periods, which will be explicitly disclosed and agreed upon prior to the finalization of the Booking Confirmation. These minimums are non-negotiable once confirmed.
- 3.1.3 Automatic Month-to-Month Continuation: Upon the expiration of the initial Subscription Period, the Subscription shall automatically and seamlessly transition into a month-to-month arrangement, continuing indefinitely until either formally cancelled by the Member or lawfully terminated by Flux in strict accordance with the provisions of this Agreement. The monthly rate for such month-to-month continuation shall be the prevailing rate for that Vehicle model as published by Flux at that time.
- 3.2 Subscription Fees
- 3.2.1 Advanced Charging: All Subscription Fees are charged in advance at the very commencement of each recurring Billing Cycle.
- 3.2.2 Approved Payment Methods: Payments for all Subscription Fees and any other charges arising under this Agreement must be processed exclusively through payment methods explicitly approved and designated by Flux (e.g., direct debit, credit card, or bank transfer). Flux reserves the right to modify approved payment methods at its discretion with prior notice.
- 3.2.3 Consequences of Payment Failure: Any instance of a failed payment transaction, including but not limited to insufficient funds, expired cards, or revoked authorizations, shall immediately result in the application of Late Fees as stipulated in Section 7.1.2, and may, at Flux's sole and absolute discretion, lead to the immediate suspension of Vehicle use privileges, Immobilization of the Vehicle, and/or the immediate termination of the Subscription.
- 3.2.4 Mandatory Reference Information: All payments remitted by the Member to Flux, irrespective of purpose (e.g., Subscription Fees, Security Deposit, Accident Fees), must include the precise and complete reference information (e.g., unique Subscription ID, Member ID, invoice number) as specifically instructed by Flux.
- 3.2.5 Treatment of Unreferenced Payments: Payments submitted without the mandatory and accurate reference information may, at Flux's discretion, be treated as unallocated funds, resulting in the corresponding charges being deemed unpaid. This may trigger the application of Late Fees, Immobilization, or Termination, without any further obligation for notification from Flux to the Member regarding the missing reference.
- 3.3 Subscription Extension
- 3.3.1 Single Extension Privilege: The Member is granted the privilege to request only one (1) formal extension of their current Subscription Period upon its conclusion. This privilege is subject to Flux's approval.
- 3.3.2 Exact Duration Requirement: All extension requests must meticulously specify the precise additional duration desired (e.g., 1 month, 3 months, 6 months). Ambiguous, indefinite, or open-ended requests for extension will be deemed invalid and shall not be processed.
- 3.3.3 Pricing Consistency: Any approved extension shall strictly maintain the identical pricing structure, including the monthly rate, as the original, preceding Subscription Period, unless otherwise explicitly agreed upon in writing by Flux.
- 3.3.4 Month-to-Month Post-Extension Rates: Should the Subscription continue on a month-to-month basis subsequent to the completion of the explicitly specified extension period, the monthly rate applicable shall automatically revert to Flux's then-current standard month-to-month rate for that specific Vehicle model, which may differ from the original or extended Subscription Fee.
- 3.3.5 Prohibition on Multiple Sequential Extensions: For absolute clarity, multiple or sequential extensions of a single Subscription are expressly prohibited. Should a Member desire to continue the vehicle service beyond a single approved extension, a completely new application for a new Subscription agreement must be initiated and approved by Flux, which will be subject to current Vehicle availability, pricing, and eligibility criteria.
- 3.3.6 Strict Timeliness of Request: All requests for Subscription extension must be formally submitted to Flux and confirmed as received by Flux before the absolute end date of the current, active Subscription Period. Failure to submit a timely request may result in the automatic termination of the current Subscription and require a new application process for continued service.
- 3.4 Early Cancellation
- 3.4.1 Incurrence of Early Termination Fee: Any cancellation of the Subscription initiated by the Member prior to the natural expiration of the formally agreed-upon initial or extended Subscription Period, regardless of reason, shall incur an Early Termination Fee.
- 3.4.2 Standard Early Termination Fee: For all Subscriptions, the standard Early Termination Fee shall be equivalent to one (1) month's Subscription Fee. This fee is a reasonable pre-estimate of the losses and costs incurred by Flux due to early termination, including remarketing, re-preparation, and potential revenue loss.
- 3.4.3 Discretionary Exemption Criteria: Exemptions from the Early Termination Fee will only be considered by Flux, at its sole and absolute discretion, in extremely limited circumstances where the cancellation is directly and demonstrably attributable to a material, prolonged, and irremediable failure of the Vehicle or service caused by Flux or the Host, rendering the Vehicle completely unusable for an unreasonable duration (exceeding 14 consecutive Calendar Days) and where no suitable alternative solution was provided by Flux. Minor inconveniences, personal changes in circumstances, or cosmetic issues shall not qualify for exemption.
- 3.4.4 Short Subscription Early Termination Fee: For initial Subscription Periods explicitly confirmed as less than three (3) months, the Early Termination Fee shall be the total remaining Subscription Fees for the unexpired portion of the agreed Subscription Period, or one month's Subscription Fee, whichever is higher.
- 3.4.5 Long Subscription Early Termination Fee: For initial Subscription Periods explicitly confirmed as three (3) months or longer, the Early Termination Fee shall be equivalent to three (3) months' Subscription Fees, or one month's Subscription Fee, whichever is higher.
SECTION 4:
ACCIDENT AND DAMAGE POLICIES
- 4.1 Accident Fee Structure:
- 4.1.1 At-Fault Application: In the event of an Accident where the Member is definitively determined to be At-Fault, or where the third party cannot be identified, located, or successfully held liable (e.g., hit-and-run without identifiable perpetrator, Act of God without specific coverage), an Accident Fee shall be immediately applied and payable by the Member.
- 4.1.2 Calculation Basis: The Accident Fee is meticulously calculated based on two principal factors: the Vehicle's established Sum Insured Value at the precise time of the Accident, and the assessed total cost of repairs required to restore the Vehicle to its pre-Accident condition, as determined by Flux's appointed workshops and assessors.
- 4.1.3 Tier 1 Accident Fee: A Tier 1 Accident Fee will be applied when the estimated or actual repair cost is determined to be equal to or less than ten percent (10%) of the Vehicle's Sum Insured Value.
- 4.1.4 Tier 2 Accident Fee: A Tier 2 Accident Fee will be applied when the estimated or actual repair cost is determined to unequivocally exceed ten percent (10%) of the Vehicle's Sum Insured Value.
- 4.1.5 Availability of Schedule: A comprehensive, current, and legally binding Accident Fee Schedule, clearly itemizing the specific fees for Tier 1 and Tier 2 scenarios for various Vehicle categories, is readily accessible on the Flux Platform and is explicitly incorporated into this Agreement as Appendix A. Members are solely responsible for familiarizing themselves with this schedule.
- 4.1.6 Fee Applicability During Repair: The Accident Fee shall apply definitively and be immediately due and payable by the Member, regardless of whether the Vehicle is available for the Member's use during the entire period of Accident repair. The obligation to pay Subscription Fees also continues as per Section 5.2.1.
- 4.2 Accident Reporting:
- 4.2.1 Immediate Notification Mandate: All Accidents, collisions, or any instances of damage to the Vehicle, irrespective of severity, perceived fault, or whether a third party is involved, must be reported to Flux immediately upon occurrence, or as soon as it is absolutely safe and practically feasible to do so. This includes, but is not limited to, single-Vehicle incidents, minor scrapes, vandalism, and any contact with fixed objects.
- 4.2.2 Police Report Filing: A formal and comprehensive Police Report detailing the Accident must be filed with the Royal Malaysia Police within twenty-four (24) hours of the Accident's occurrence. A certified true copy of this Police Report, along with all relevant supporting documentation (e.g., driver's license, insurance details of involved parties), must be furnished to Flux without any undue delay, and in any event, within three (3) Business Days.
- 4.2.3 Comprehensive Documentation Provision: The Member is strictly required to provide Flux with all requested documentation, information, and assistance pertinent to the Accident within three (3) Business Days of the Accident. This includes, but is not limited to, detailed written statements, clear photographic evidence of damage and scene, video recordings (e.g., dashcam footage), contact details of witnesses, and any other information deemed necessary by Flux or its insurers for claims processing.
- 4.2.4 Severe Consequences of Non-Reporting: Failure to immediately report an Accident as required, to file a Police Report within the stipulated timeframe, or to provide all required documentation and cooperation, shall constitute a material breach of this Agreement. Such failure may result in the Member forfeiting all rights to insurance coverage under Flux's policy, incurring additional administrative charges, being held fully liable for all damages and third-party claims, and/or the immediate termination of the Subscription without refund.
- 4.3 Insurance Claims:
- 4.3.1 Claims Management: Flux, or its designated insurer, shall be exclusively responsible for the management and processing of all insurance claims related to reported Accidents involving the Subscribed Vehicle. The Member is expressly prohibited from making any direct claims or representations to Flux's insurers without Flux's prior written consent.
- 4.3.2 Mandatory Member Cooperation: The Member is absolutely obligated to cooperate fully, promptly, honestly, and diligently with Flux, its appointed insurance adjusters, assessors, and any legal representatives throughout the entire insurance investigation and claims process. This includes, but is not limited to, providing detailed statements, attending interviews, signing necessary forms, and providing any requested additional information or assistance.
- 4.3.3 Third-Party Acceptance of Liability: In circumstances where a clearly identified and verifiable third party is definitively determined to be At-Fault for the Accident, and their insurance provider formally accepts full and unequivocal liability for all damages and associated costs, the Accident Fee will not be charged to the Member. However, if the third party's insurance does not accept full liability, or the claim is protracted, the Accident Fee may be levied by Flux, subject to later reimbursement if the third party's liability is subsequently established and funds recovered.
- 4.3.4 Separate Deductibles: It is explicitly understood that standard insurance deductibles, as stipulated by Flux's underlying insurance policy for the Vehicle, may be applicable to the Member separately from, and in addition to, any Accident Fees incurred. The Member is solely responsible for the payment of these deductibles.
SECTION 5:
VEHICLE UNAVAILABILITY
- 5.1 Service and Maintenance:
- 5.1.1 Scheduled Unavailability: The Vehicle may, from time to time, be unavailable for the Member's use during periods necessitated by scheduled maintenance, routine servicing, mandatory inspections, or any other preventative care as determined by Flux or the Vehicle manufacturer.
- 5.1.2 Uninterrupted Subscription Fees: Notwithstanding any period of Vehicle unavailability due to service or maintenance, Subscription Fees will unequivocally continue to be charged to the Member without interruption or reduction, irrespective of the Vehicle's accessibility for use during such periods.
- 5.1.3 Discretionary Compensation for Prolonged Service: For service periods that demonstrably exceed seven (7) consecutive Calendar Days, Flux may, solely at its absolute discretion, consider providing compensation in the form of a pro-rated credit against future Subscription Fees or other mutually agreed arrangements. This consideration is not an entitlement and will be assessed on a case-by-case basis.
- 5.1.4 Non-Compensable Initial Period: The initial three (3) Calendar Days of any service or maintenance period, regardless of its total duration, will under no circumstances be eligible for any form of compensation, credit, or reduction in Subscription Fees.
- 5.2 Accident Repairs:
- 5.2.1 Uninterrupted Subscription Fees: Subscription Fees will continue to be charged to the Member in full during all periods when the Vehicle is undergoing repairs necessitated by an Accident, regardless of the Vehicle's availability for the Member's use.
- 5.2.2 No Automatic Replacement Vehicle: Flux explicitly does not automatically provide a replacement vehicle during periods when the Subscribed Vehicle is undergoing repairs due to an Accident.
- 5.2.3 Extended Charging Period for Repairs: Members shall remain fully liable for Subscription Fees for a continuous period of up to three (3) months during Accident repair periods, even if the Vehicle remains unavailable for the entirety of this period. This acknowledges the administrative and holding costs incurred by Flux.
- 5.2.4 Long-Term Repair Arrangements: For Accident repair periods anticipated to exceed three (3) months, Flux and the Member may engage in good faith discussions to explore alternative arrangements, which may include, but are not limited to, early termination of the Subscription (with applicable fees), provision of a different Vehicle (subject to availability and revised terms), or other mutually agreeable solutions. Flux retains final discretion over any such arrangements.
- 5.3 Replacement Vehicles (Optional):
- 5.3.1 Non-Automatic Provision: It is re-emphasized that replacement vehicles are expressly not automatically provided by Flux during periods of service, maintenance, or Accident repairs.
- 5.3.2 Optional Replacement Packages: Should Flux choose to offer them, optional replacement vehicle packages may be made available to Members at an additional, separate cost, which will be clearly communicated by Flux prior to any agreement.
- 5.3.3 Inventory-Dependent Availability: The actual availability of any replacement vehicle, even if an optional package is purchased, is strictly contingent upon Flux's then-current vehicle inventory and operational capacity, and therefore cannot be guaranteed.
- 5.3.4 Discretionary Offer: Flux retains the sole and absolute right to offer replacement vehicle options, or to decline such offers, at its complete discretion, based on a variety of factors including, but not limited to, operational capacity, vehicle availability, and the Member's subscription history.
SECTION 6:
VEHICLE CONDITION, FEATURES, AND MODIFICATIONS
- 6.1 Vehicle Condition:
- 6.1.1 Standard Good Working Condition: All Vehicles are provided to Members in good working condition, mechanically sound, clean (subject to reasonable wear and tear), and equipped with standard features appropriate for the specific Vehicle model. The Vehicle will be delivered with a full tank of fuel or an equivalent electric charge (for EVs).
- 6.1.2 Mandatory Comprehensive Inspection: Members are obligated to conduct a comprehensive and diligent physical inspection of the Vehicle upon delivery, covering its exterior, interior, tires, lights, and basic operational functions. Any existing issues, damages, or cosmetic imperfections must be documented meticulously with clear photographic or video evidence, time-stamped, and formally reported to Flux via the designated reporting channel within a strict period of three (3) Calendar Days from the precise time of Vehicle delivery.
- 6.1.3 Presumption of Member Responsibility: Any issues or damages to the Vehicle not explicitly and properly reported by the Member within the stringent three (3) Calendar Day inspection period will be conclusively and irrebuttably presumed to have occurred entirely during the Member's active Subscription Period. The Member will therefore be held solely and fully responsible for all costs associated with their repair, rectification, or replacement, including any diminished value to the Vehicle.
- 6.1.4 Inclusion of Weekend Days: For absolute clarity, Saturday and Sunday (weekend days), as well as any public holidays, are explicitly included and counted within the three (3) Calendar Day inspection period.
- 6.2 Vehicle Features:
- 6.2.1 Standard Safety Equipment: All Vehicles will be equipped with standard and legally mandated safety equipment necessary for road use in Malaysia.
- 6.2.2 Optional Feature Variation: Optional or non-standard features (e.g., advanced infotainment systems, specific Android Auto/Apple CarPlay compatibility, advanced driver-assistance systems, panoramic roofs, specific EV charging cables, special paint finishes, or tinted windows beyond factory standard) may vary significantly between individual Vehicles, even those of the same model. Such optional features, if present and confirmed, will be clearly specified in the Vehicle listing or the Booking Confirmation.
- 6.2.3 No Guarantee of Specific Features: Unless explicitly and individually confirmed in writing by an authorized Flux representative specifically for Your unique Booking Confirmation, Flux does not provide any guarantee regarding the presence or functionality of any specific optional or non-standard features in the Subscribed Vehicle.
- 6.2.4 Feature Discrepancy Reporting: Any material discrepancies between the advertised or confirmed features and the actual features present in the delivered Vehicle must be reported by the Member to Flux within the same strict three (3) Calendar Day inspection period as outlined in Section 6.1.2. Failure to report within this timeframe implies the Member's full acceptance of the Vehicle's features as delivered.
- 6.3 Vehicle Modifications:
- 6.3.1 Absolute Prohibition on Unauthorized Modifications: Members are strictly and absolutely prohibited from undertaking, commissioning, or permitting any modifications, alterations, additions, attachments, or customizations to the Vehicle whatsoever without obtaining explicit, prior written consent from an authorized Flux representative. This prohibition extends to, but is not limited to, changes to the exterior (e.g., wraps, decals, body kits), interior (e.g., seat covers, dash modifications), mechanical components, electrical systems, software, or aesthetic elements.
- 6.3.2 Severe Consequences of Unauthorized Modifications: Any unauthorized modifications discovered by Flux at any time, including upon Vehicle return, shall constitute a material breach of this Agreement. Such breach may result in immediate charges to the Member for all costs associated with restoring the Vehicle to its original state (including removal, repair, and diminished value), the imposition of substantial penalties as determined by Flux, and/or the immediate termination of the Subscription without refund.
- 6.3.3 Mandatory Reversal of Authorized Modifications: Should Flux provide explicit written consent for specific modifications, it is a mandatory condition that all such authorized modifications must be fully reversed and the Vehicle meticulously restored to its original factory condition at the Member's sole expense, prior to the return of the Vehicle at the end of the Subscription Period, unless Flux explicitly and in writing waives this specific requirement. Failure to comply will result in charges for reversal costs.
SECTION 7:
PAYMENT DEFAULT AND REPOSSESSION
- 7.1 Payment Default:
- 7.1.1 Definition of Late Payment: Any payment due to Flux (including, but not limited to, Subscription Fees, Accident Fees, Vehicle Swap Fees, penalties, or other charges) that is not successfully received and cleared in Flux's designated account within three (3) Calendar Days of its stipulated due date will be conclusively deemed a late payment.
- 7.1.2 Interest on Prolonged Non-Payment: For any payment that remains outstanding for twenty-one (21) Days or longer from its original due date, an additional interest charge of one point five percent (1.5%) per month will be applied to the entire outstanding balance, compounded monthly, until the full amount, including all accumulated Late Fees and interest, is settled
- 7.1.3 Payment Reminders: Flux will endeavor to send courtesy payment reminders via email or WhatsApp at three (3), seven (7), and fourteen (14) Calendar Days after the original due date of the outstanding payment. However, the Member's failure to receive such reminders, for any reason whatsoever, does not absolve them of their payment obligations or the incurrence of Late Fees and interest
- 7.1.4 Obligation to Maintain Valid Payment Methods: Members are unconditionally required to maintain accurate, valid, and active payment methods (e.g., current credit card details, valid bank account details with sufficient funds) on file with Flux at all times throughout the entire Subscription Period. Failure to maintain such valid payment methods constitutes a material breach of this Agreement.
- 7.2 Repossession:
- 7.2.1 Vehicle Immobilization Right: In the event of a Payment Default or any other material breach of this Agreement, Flux expressly reserves the unequivocal right to remotely immobilize the Subscribed Vehicle at any time, thereby rendering it inoperable, without prior notice to the Member.
- 7.2.2 Mandatory Reactivation Fee: A non-refundable reactivation fee of RM300 will be strictly charged to the Member each and every time the Vehicle is de-immobilized and reactivated for use, subsequent to an Immobilization event triggered by a Payment Default or other breach. This fee must be paid in full before the Vehicle's functionality is restored.
- 7.2.3 Repossession After Non-Payment: The Vehicle may be subject to immediate physical repossession by Flux, or its authorized agents, without any further notice to the Member, if any payment due remains outstanding for a period exceeding fourteen (14) Calendar Days from its original due date, or if Flux determines that the Vehicle is at risk of damage, loss, or unauthorized use.
- 7.2.4 Notification of Repossession: Members will be notified of impending or executed Repossession via email to their registered email address. This notification serves as a confirmation of Flux's action rather than a prerequisite for initiating Repossession.
- 7.2.5 Repossession Fees: Any Repossession initiated by Flux will incur a mandatory Repossession Fee of RM500, which shall be immediately due and payable by the Member. This fee will comprise all administrative charges incurred by Flux, third-party towing fees, Vehicle storage costs, legal fees, court costs, and any other expenses directly or indirectly related to the Repossession process. These fees will be added to the Member's outstanding balance.
- 7.2.6 Abandoned Personal Items Policy: Any personal items or belongings left by the Member inside a Repossessed Vehicle must be collected by the Member from a designated Flux location within thirty (30) Calendar Days following the Repossession notification. Items not claimed and collected within this strict timeframe will be conclusively deemed abandoned property and may be disposed of, donated, or destroyed by Flux at its sole discretion, without any further liability to the Member.
- 7.2.7 Prohibition on Tampering with Telematics Devices: Members are strictly prohibited from tampering with, attempting to disable, remove, or interfere with any Vehicle tracking or Immobilization devices installed in the Vehicle. Furthermore, the Member shall not attempt to move, hide, or obstruct the Repossession of the Vehicle once it has been flagged for Immobilization or Repossession by Flux. Any such action may result in additional severe charges, immediate criminal reporting, and/or legal action.
- 7.3 Subscription Termination for Default:
- 7.3.1 Flux's Right to Terminate: Flux expressly reserves the unilateral right to immediately terminate the Subscription for repeated instances of late payments, any single instance of severe Payment Default (e.g., exceeding thirty (30) days overdue), or any other persistent or material breach of these Terms and Conditions by the Member.
- 7.3.2 Financial Consequences of Termination: Any Subscription terminated by Flux due to Payment Default or other policy violations by the Member will result in the immediate incurrence of the Early Termination Fee as outlined in Section 3.4, in addition to all outstanding charges, accumulated Late Fees, accrued interest, Repossession Fees, and any other costs or penalties incurred by Flux.
- 7.3.3 Restriction from Future Subscriptions: Members whose Subscriptions have been terminated by Flux due to breaches of this Agreement, particularly those related to Payment Defaults or misuse of the Vehicle, may be permanently restricted from entering into any future subscriptions or agreements with Flux.
- 7.3.4 Distinction between Termination and Cancellation: For absolute clarity, “Termination” refers exclusively to the cessation of the Subscription initiated by Flux as a consequence of the Member's breach of contract or policy violation. This is distinct from “Cancellation,” which is a request initiated by the Member as per Section 3.4.
SECTION 8:
VEHICLE SWAPS AND CHANGES
- 8.1 Vehicle Swap Requests:
- 8.1.1 Member-Initiated Swap Option: Members may submit a formal request to swap their currently Subscribed Vehicle for a different Vehicle model during the active Subscription Period, provided such a service is offered by Flux at that time.
- 8.1.2 Mandatory Flat Swap Fee: All approved Vehicle swaps are contingent upon the prior payment of a mandatory, non-refundable flat Vehicle Swap Fee of RM1,500 by the Member. This fee covers administrative, logistical, and preparation costs associated with the swap.
- 8.1.3 Discretionary Approval & Availability: Vehicle swap approval rests solely within Flux's absolute discretion and is strictly contingent upon the immediate availability of the desired replacement Vehicle in Flux's inventory at the time the request is formally reviewed. Flux provides no guarantee that any specific Vehicle will be available for a swap.
- 8.1.4 Advance Request Submission: All Vehicle swap requests must be formally submitted to Flux, via the designated channel, at least seven (7) Calendar Days in advance of the Member's desired swap date to allow Flux sufficient time for logistical arrangements, Vehicle preparation, and scheduling.
- 8.2 Vehicle Swap Process:
- 8.2.1 Mutually Convenient Scheduling: Approved Vehicle swaps will be scheduled at a date and time mutually agreed upon by both Flux and the Member, considering operational feasibility.
- 8.2.2 Condition of Returned Vehicle: Prior to the release of the replacement Vehicle to the Member, the current Subscribed Vehicle must be returned to Flux in the same good condition as it was received, subject only to reasonable wear and tear consistent with normal use, and must be clean (interior and exterior) with a full tank of fuel or equivalent EV charge. Any damages beyond normal wear and tear will be assessed and charged to the Member.
- 8.2.3 Resolution of Outstanding Issues: Any outstanding issues, existing damages not previously reported and approved by Flux, or unpaid fees pertaining to the current Vehicle must be fully resolved, paid, and settled by the Member prior to the successful completion of the Vehicle swap. Failure to do so may result in the cancellation of the swap request and potential additional charges.
- 8.2.4 Unchanged Subscription Terms (Unless New Agreement): Unless a completely new Subscription Agreement is explicitly signed and mutually agreed upon by both Flux and the Member, the original Subscription terms, including the initial Subscription Period, Billing Cycle, and general conditions, shall largely remain unchanged following a Vehicle swap. Any price adjustments due to the replacement Vehicle being in a different pricing tier will be clearly communicated and require the Member's acceptance.
SECTION 9:
SERVICE AND MAINTENANCE RESPONSIBILITIES
- 9.1 Scheduled Maintenance:
- 9.1.1 Notification of Requirements: Flux will provide timely and comprehensive notification to Members regarding scheduled maintenance requirements for the Subscribed Vehicle, based on mileage intervals, time periods, or Vehicle diagnostics.
- 9.1.2 Member's Obligation to Facilitate: Members are absolutely obligated to promptly facilitate access to the Vehicle for all scheduled maintenance, which may include, at Flux's instruction, dropping off the Vehicle at a designated Flux-approved service center or arranging for Flux's authorized agents to collect it.
- 9.1.3 Penalties for Non-Compliance: Failure by the Member to comply with Flux's scheduled maintenance instructions, to present the Vehicle for service as required, or to facilitate access to the Vehicle for necessary servicing, shall constitute a material breach of this Agreement. Such failure may result in additional charges for expedited service, the Member being held fully liable for any damages or breakdowns arising directly from such non-compliance, and/or the termination of the Subscription.
- 9.2 Service Arrangements (Non-Scheduled):
- 9.2.1 Out-of-Klang Valley Responsibility: Members residing or operating the Vehicle permanently outside the designated Klang Valley area are solely responsible for transporting the Vehicle to Flux's approved service centers within the Klang Valley for all scheduled maintenance, unforeseen repairs, or other required servicing. No reimbursement for travel time, fuel, transportation costs, or accommodation will be provided for such journeys.
- 9.2.2 Prior Approval for Quotations: For any unscheduled service, diagnostic work, or repair work on the Vehicle, Members must obtain a detailed written service quotation from the service center and submit it to Flux for review and explicit written approval before any work commences. Any work initiated or performed without Flux's prior written approval will not be reimbursed by Flux and will be the sole financial responsibility of the Member.
- 9.2.3 Standard Service Coverage Only: Flux will exclusively cover the costs associated with standard service packages, routine maintenance, and repairs of mechanical failures not caused by Member negligence, as per the Vehicle manufacturer's guidelines. Any additional services, non-essential repairs, upgrades, or cosmetic work specifically requested by the Member that falls outside the scope of standard maintenance or covered repairs will be at the Member's sole expense.
- 9.2.4 Mandatory Provision of Documentation: Members must promptly provide Flux with all relevant and original service documentation, detailed invoices, repair reports, and any related diagnostic records immediately after the completion of any service or repair work performed on the Vehicle.
- 9.3 Unauthorized Service:
- 9.3.1 Member's Absolute Liability: Any and all services, maintenance, repairs, or diagnostic work arranged, commissioned, or performed on the Subscribed Vehicle by the Member without the explicit, prior written knowledge and authorization of Flux are deemed unauthorized. The Member shall bear absolute and sole financial responsibility for all costs associated with such unauthorized work.
- 9.3.2 No Reimbursement for Unauthorized Work: Flux will unequivocally not reimburse the Member for any expenses incurred due to unauthorized service, maintenance, or repairs.
- 9.3.3 Member's Liability for Resulting Damages: The Member will be held solely and fully responsible for any and all damages, malfunctions, breakdowns, or adverse conditions of the Vehicle that directly or indirectly result from, or are exacerbated by, any unauthorized service, maintenance, or repairs. This may include, but is not limited to, charges for rectification, diminished value of the Vehicle, and the application of other fees or penalties.
SECTION 10:
MEMBER OBLIGATIONS AND PROHIBITED USES
- 10.1 Member’s General Obligations:
- 10.1.1 Lawful Use: The Member shall ensure that the Vehicle is used exclusively for lawful purposes and in strict compliance with all applicable laws, regulations, and ordinances in Malaysia, including but not limited to traffic laws, parking regulations, and environmental standards.
- 10.1.2 Driver Eligibility: The Vehicle shall only be operated by the Member and/or any additional drivers explicitly approved by Flux in writing, who must each possess a valid and unrestricted driving license in Malaysia and meet all of Flux’s eligibility criteria.
- 10.1.3 Due Care: The Member shall operate the Vehicle with due care and diligence, ensuring its safety and security at all times. This includes properly locking the Vehicle, activating security systems, and parking in secure locations.
- 10.1.4 Fuel/Charge Level: The Member is responsible for maintaining adequate fuel levels or electric charge in the Vehicle during the Subscription Period to ensure its proper operation. Upon return of the Vehicle at the end of the Subscription Period or upon any swap, the Vehicle must be returned with a full tank of fuel or an equivalent electric charge (for EVs). A refueling/recharging fee plus the cost of fuel/electricity will be charged if the Vehicle is returned with less than a full tank/charge.
- 10.1.5 Fines and Penalties: The Member is solely responsible for all traffic violations, parking fines, toll charges, speed camera fines, and any other penalties incurred during the Subscription Period. Flux reserves the right to charge an administrative fee (e.g., RM50 per fine) for processing and forwarding such notices, in addition to the fine itself.
- 10.1.6 Cleanliness: The Member shall maintain the Vehicle’s interior and exterior in a reasonable state of cleanliness. Excessive dirt, stains, odors (e.g., from smoking or pets), or damage requiring professional detailing beyond standard cleaning will incur additional cleaning fees, as determined by Flux.
- 10.1.7 Notification of License Changes: The Member must immediately notify Flux of any suspension, revocation, or material change to their driving license status.
- 10.2 Prohibited Uses: The Vehicle shall not be used for, nor shall the Member permit its use for, any of the following activities:
- 10.2.1 Illegal Activities: Any illegal purpose, or in connection with any illegal act or enterprise.
- 10.2.2 Commercial Transport for Hire: Carrying passengers or property for hire, unless expressly authorized and agreed upon in writing by Flux (e.g., specific ride-sharing agreements).
- 10.2.3 Dangerous Activities: Racing, speed testing, off-roading, or driving on unpaved roads, tracks, or areas not designed for public vehicle use.
- 10.2.4 Overloading: Exceeding the Vehicle’s stated passenger capacity or cargo weight limits.
- 10.2.5 Hazardous Materials: Transporting hazardous materials, explosives, or illegal substances.
- 10.2.6 Towing: Towing or pushing any other vehicle or object.
- 10.2.7 Smoking: Smoking or vaping inside the Vehicle. A cleaning fee of RM500 will be charged if evidence of smoking is found.
- 10.2.8 Pets: Transporting pets or animals in the Vehicle unless in a secured and approved pet carrier, and only with Flux’s prior written consent. An additional cleaning fee (e.g., RM200) may apply.
- 10.2.9 Cross-Border: Taking the Vehicle outside of mainland Peninsular Malaysia without Flux’s explicit prior written consent.
- 10.2.10 Sub-leasing: Sub-leasing, renting out, or otherwise allowing any unauthorized third party to operate the Vehicle.
- 10.2.11 Negligent Operation: Operating the Vehicle while under the influence of alcohol, drugs, or any substance that impairs driving ability, or in a reckless, negligent, or abusive manner.
- 10.3 Mileage Limits (If Applicable):
- 10.3.1 If a mileage limit is specified in the Booking Confirmation, the Member agrees not to exceed this limit for the duration of the Subscription Period.
- 10.3.2 Any mileage exceeding the agreed limit will be subject to an excess mileage charges as determined by Flux.
SECTION 11:
PRIVACY, DATA USE, AND TRACKING
- 11.1 Data Collection Consent: You explicitly consent to Flux's collection, use, processing, and storage of Your personal data (including, but not limited to, name, address, contact details, driving license information, payment details, and credit history) for the purposes of: (a) processing Your application and managing Your Subscription; (b) billing and payment collection; (c) customer support; (d) fraud prevention; (e) compliance with legal obligations; and (f) improving Flux's services. This data will be handled in accordance with Flux's Privacy Policy, available on the Platform, which You acknowledge having read and understood.
- 11.2 Vehicle Tracking and Data: You acknowledge and consent that the Vehicle is equipped with global positioning system (GPS) tracking and other telematics devices. Flux collects data related to the Vehicle's location, speed, mileage, driving behavior, and operational status. This data is collected and used by Flux for purposes including, but not limited to: (a) ensuring compliance with this Agreement; (b) Vehicle recovery in case of theft or Repossession; (c) monitoring Vehicle usage for maintenance scheduling; (d) optimizing Flux's operations; (e) providing roadside assistance; and (f) risk assessment and insurance purposes. This data may be shared with Flux's service providers, insurers, or law enforcement as required by law or as necessary to enforce this Agreement.
- 11.3 Immobilization Acknowledgment: You expressly acknowledge and consent to Flux’s right to remotely immobilize the Vehicle as specified in Section 7.2.1, in the event of Payment Default or other material breach of this Agreement. You understand that this technology is in place to protect Flux’s assets and facilitate enforcement of the Agreement.
SECTION 12:
LIMITATION OF LIABILITY AND INDEMNIFICATION
- 12.1 Limitation of Fux's liability
- 12.1.1 Exclusion of Indirect Damages: To the maximum extent permitted by law, Flux shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to, loss of profits, revenue, data, business opportunities, or use of the Vehicle, incurred by the Member or any third party, whether arising in an action in contract, tort (including negligence), strict liability, or otherwise, even if Flux has been advised of the possibility of such damages.
- 12.1.2 Cap on Aggregate Liability: Flux’s total aggregate liability to the Member for any and all claims, demands, losses, or damages arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall in no event exceed the total Subscription Fees actually paid by the Member to Flux in the three (3) months immediately preceding the event giving rise to the claim.
- 12.1.3 Personal Items: Flux is not responsible for any personal items, valuables, or belongings left by the Member or any other occupant in the Vehicle upon return, Repossession, or Vehicle swap. Such items are left at the Member’s sole risk.
- 12.1.4 No Warranties: Flux makes no representations or warranties, express or implied, regarding the specific performance, fuel efficiency, specific features (unless explicitly confirmed in Booking Confirmation), or any other characteristics of the Vehicle, beyond its general good working condition upon delivery as per Section 6.1.1.
- 12.1.5 Force Majeure: Flux shall not be liable for any delay or failure in performance of its obligations under this Agreement caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, riots, embargoes, acts of governmental or regulatory authorities, fire, floods, accidents, strikes, labor disputes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials (“Force Majeure Event”). In the event of a Force Majeure Event, Flux’s obligations shall be suspended for the duration of the event.
- 12.2 Member’s Indemnification:
- 12.2.1 Indemnity Obligation: The Member irrevocably agrees to indemnify, defend, and hold harmless Flux, its affiliates, directors, officers, employees, agents, and Hosts from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable legal fees on an indemnity basis), demands, actions, or proceedings (including those brought by third parties) arising out of or in connection with:
- (a) The Member’s use or misuse of the Vehicle, including any traffic violations, fines, penalties, summonses, or enforcement actions incurred during the Subscription Period.
- (b) Any actual or alleged breach by the Member of any term, condition, representation, or warranty contained within this Agreement.
- (c) Any act or omission of negligence, gross negligence, willful misconduct, or illegal activity by the Member or any authorized or unauthorized driver of the Vehicle.
- (d) Any bodily injury, death, or property damage sustained by any person or entity, directly or indirectly caused by the Member’s operation, possession, or use of the Vehicle.
- (e) Any unauthorized modifications, alterations, or repairs performed on the Vehicle by the Member or any third party acting on the Member’s behalf.
- (f) Failure by the Member to comply with Accident reporting requirements, service requirements, or any other mandatory obligation under this Agreement.
- 12.2.2 Survival of Indemnity: This indemnification obligation shall survive the termination or expiration of this Agreement for any reason whatsoever.
- 12.2.1 Indemnity Obligation: The Member irrevocably agrees to indemnify, defend, and hold harmless Flux, its affiliates, directors, officers, employees, agents, and Hosts from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable legal fees on an indemnity basis), demands, actions, or proceedings (including those brought by third parties) arising out of or in connection with:
SECTION 13:
DISPUTE RESOLUTION AND GOVERNING LAW
- 13.1 Governing Law: This Agreement, and any non-contractual obligations arising out of or in connection with it, shall be exclusively governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles that might otherwise apply the laws of another jurisdiction.
- 13.2 Amicable Resolution: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, the parties shall first endeavor to resolve the matter amicably through good faith negotiations. Either party may initiate such negotiations by providing written notice to the other party, clearly outlining the nature of the dispute.
- 13.3 Exclusive Jurisdiction: If the dispute cannot be resolved amicably within thirty (30) Calendar Days of the initial written notice, any such dispute, controversy, or claim shall be submitted to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia. The Member expressly and irrevocably agrees to the personal jurisdiction of these courts and waives any objection to venue or forum non conveniens.
SECTION 14:
GENERAL PROVISIONS
- 14.1 Entire Agreement: This Agreement, together with any appendices, schedules, and the specific Booking Confirmation, constitutes the complete and entire agreement between Flux and the Member concerning the subject matter hereof. It explicitly supersedes all prior and contemporaneous discussions, agreements, understandings, communications, and representations, whether written or oral, between the parties.
- 14.2 Amendments and Modifications: Flux reserves the unilateral right to amend, modify, or update these Terms and Conditions at any time. Any such changes will be communicated to the Member via email to their registered email address or by prominent posting on the Flux Platform, with a clearly stated effective date. The Member’s continued use of the Subscription services after such notification and effective date shall constitute their conclusive acceptance of the amended terms.
- 14.3 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, in whole or in part, by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the original intent of the parties.
- 14.4 No Waiver: No failure or delay by Flux in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any right, power, or privilege. A waiver of any breach shall not be deemed a waiver of any subsequent breach.
- 14.5 Assignment: The Member may not assign, transfer, delegate, or sub-contract any of their rights or obligations under this Agreement without the explicit, prior written consent of Flux, which may be withheld at Flux’s sole discretion. Flux reserves the right to assign or transfer its rights and obligations under this Agreement, in whole or in part, to any third party without prior notice or consent from the Member.
- 14.6 Notices: All notices or formal communications required or permitted under this Agreement shall be in writing. Notices to Flux shall be sent to 15-2, Jalan Solaris, Solaris Mont Kiara, 50480 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur or support@driveflux.com. Notices to the Member shall be sent to the primary email address and/or physical address provided by the Member during the application process. Notices sent by email shall be deemed received upon successful transmission, provided no automated error message is received. Notices sent by registered mail shall be deemed received three (3) Business Days after posting.
- 14.7 Independent Contractors: The relationship between Flux and the Member is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.