Terms & Conditions
Effective Date: August 8, 2022
Applicable to: www.flashbusiness.in and Services.

1)INTRODUCTION

Flash website (“website”) and Mobile Application “Flash” (“we,” “us,” or “our”) welcomes you.

We offer you access to our services through our “Website” and “Mobile Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. . By accessing and using this Website and Mobile Application, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website and Mobile Application.

1)DEFINITIONS

  • “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website and Mobile Application;

  • “Service” or “Services” refers to the Services as defined below offered through the website.

  • “User”, “You” and “your” refers the person who is accessing for taking any service of this Website and Mobile Application;

  • “Buyer” or ”Buyers” refers to the user who accesses the website and Mobile Application and makes the payment for purchasing Products or services through the Platform;

  • “Merchant” or “Merchants” refers to the user accessing or registering with the Mobile Application for offering various products through the Platform;

  • “Website” or “Platform” shall mean and include flash's website mobile applications“flash's” and any successor Website of the Company or any of its affiliates;

  • “Buyer Account” shall mean an electronic account opened for the Buyer for availing and buying various products offered on the website and Mobile Application;

  • “Merchant Account” shall mean an electronic account opened by the user with the Platform to sell its products through the platform;

111)INTERPRETATION

  • All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.

  • Words importing any gender shall include all the other genders.

  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

1. INTRODUCTION AND SCOPE

  • Scope. These Terms govern your use of the Website and Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service

  • Eligibility: Certain Service of the Website and Mobile Application is not available to users under the age of 18 or to any users suspended or removed from the system by us for any reason.

  • Electronic Communication: When you use this Website/Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

1. SERVICES

At Flash, we offer you a meticulously designed online platform that is serving businesses to go online and expand their reach to market and sell your products.

1. TO THE SERVICE

Flash is a platform connecting buyers and sellers in a unique way,
The Buyer’s need is posted in Flash for which the Quotations from different sellers could be obtained.
The Buyer’s need is given the priority by keeping the fact “Buyers are the kings”.
The mission of FLASH is, A Buyer having a need or requirement should not roam around, getting tired rather he should get the exact same required product for best price without getting tired or roaming around.
In FLASH the seller’s quotations will be sent towards the Buyer’s requirement from which the Buyer can choose the best Quotation based on their convenience without going anywhere
In FLASH requirement from a buyer in an area when posted is transmitted to all the sellers who are registered in Flash from that particular area within that respective category according to the Buyer’s choice for an area.
So all the Sellers will have the opportunity to present and convince with what products they have to the entire requirement from the buyers.
This gives a wide possibility of more sales for all the Sellers (Big or Small) by providing each and every single requirement from their areas and categories which helps in building a wide range of customer network.
The vision of Flash is to be a part of day to day life for Buyers and Sellers to buy their required, exact product at best price and to sell their product quickly by building a wide customer network.

VII. REGISTRATION

If you access this Website/ Mobile Application anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

VIII. USER CONTENT

1. Content Responsibility.

The website/ Mobile Application permit you to submit content, feedback, etc. but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.

When submitting content to the website/ Mobile Application, please do not submit content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;


  • Defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;


  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;


  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law


  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;


  • Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.



Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website and Mobile Application without advanced notice.

1. ABOUT OUR SERVICE

We act as an aggregator and provide you various Providers of goods and services that have been designed to save you time and money. We strive to provide you with the information you need to make an informed choice on which provider of product best suits your needs.

We accept no responsibility for any loss, damage or death happens during and after the service. Merchant shall indemnify us for all claims and liabilities arising out due to use of the website and Mobile application by the Merchant, including costs and expenses incurred. There will be a subscription charge collected from all the Sellers or Merchants which may change from time to time. The Sellers can pay the subscription charge using their credit cards, UPI Facility etc.

1. SCAMMING, SPAMMING, OR MISLEADING USERS

We believe Flash should stay a clean place and we work hard to make it reliable and useful to both, Buyer and Merchant. Therefore we do not tolerate any illegal activities, scam, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behaviour, we put such accounts on hold and contact the owner. In cases where we are 100% a user has tried to perform an illegal activity, we will immediately terminate such account.

XIV. GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.


  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.


  • The website/ Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sub licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.


  • We shall have no liability to you for any failure to deliver Services you have ordered or any delay in doing so if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.


  • We get the right to use any media (photos, graphic and videos) uploaded in the Mobile Application and Website


  • You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by www.flashbusiness.in in advance.


  • If a Registered User/Merchant is in breach of terms of this agreement, we may also close the Merchant’s account, and any remaining credits held to that account may be forfeited


  • Flash has the full control of the Platform, once a merchant apply to be a member of the flash, the profit rate from merchant shall be decided and reviewed by adapting the market needs. Contract period shall be decided between flashand Merchant. Flash reserves the rights to amend the said profit rate over the time upon notifying to the Merchants registered with Website.


  • Flash will provide stores for Merchant products to store the items which will be upon the Merchant expense. In addition, delivery fees of picking the products will be on the Merchant expense as well. Different offers will be available for Merchants to choose from and will be agreed upon between Flash and the Merchants. A minimum of 5 items from each product needs to be stored at the store from the Merchant.


1. OBLIGATIONS AND RESPONSIBILITIES

QUALITY AND QUANTITY ASSURANCE:


  • Before the Product(s) being displayed/advertised on the Platform, the Merchant ensures the availability of the Products for servicing customer’s orders.

LICENSE TO MAKE USE OF INTELLECTUAL PROPERTY


  • The Merchant hereby grants to the Flash Adoring the Term of this agreement, a royalty-free irrevocable license to use its Intellectual Property to provide the Services by the FLASH as contemplated hereunder.


  • In the event, the Merchant sources the Products from any Supplier, the Merchant shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Product being sourced from such Supplier to provide the Services by the FLASH, before the display/advertising of such Products on the Platform.


  • The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights, and other relevant intellectual property rights relevant to the advertisement and sale of the Products.


XVI. LIMITED GUARANTEE

By this Website/ Mobile Application:


  • We provide an opportunity for you to avail the offered services from our Website/ Mobile Application.


  • We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/ Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.


XVII. GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website/ Mobile Application is invalid where banned.

XVIII. USER RESPONSIBILITIES

  • You shall use the Service and Website/ Mobile Application for a lawful purpose and comply with all the applicable laws while using the Website and Mobile Application;


  • You shall not use or access the Website/ Mobile Application for collecting any market research for some competing business;


  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;


  • You will not use any device, scraper, or any automated thing to access the Website or Mobile Application for any means without taking permission.


  • You will inform us about anything that is inappropriate or you can inform us if you find something illegal;


  • You will not interfere with or try to interrupt the proper operation of the Website/ Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website/ Mobile Application through hacking, password or data mining, or any other means;


  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website/ Mobile Application;


  • You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.


  • You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Website/ Mobile Application. We reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to cancelling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties


We reserve the right, in our sole and absolute discretion, to deny you access to the Website/ Mobile Application or any service, or any portion of the Website/ Mobile Application or service, without notice, and to remove any content.

XIX. MERCHANTS OBLIGATIONS

  • The Merchant takes full responsibility for all information that he provides on the FLASH and must indemnify the FLASH about any liability incurred by the FLASH as a result of such information.


  • The Merchant shall be required to provide an actual business name for registration on the website.


  • Merchants are solely responsible for taking all necessary licenses for selling product(s) through the platform.


  • For selling food products, the merchant shall be solely liable for taking all necessary licenses for selling food through the platform and preparation, and quality checks of food sold to the Customers


  • Merchant shall indemnify Flash for all claims and liabilities arising out of any use by the Merchant of the WWW.FLASHBUSINESS.IN platform, including costs and expenses incurred.


  • The Merchant shall be liable and responsible for any claim or legal proceeding arising out of the use /sale of fake or Adulterated product by the Merchant


  • The Merchant is not an employee of the FLASH and accepts full responsibility for all Income Tax, National Insurance, and other liabilities arising from the use of the www.flashbusiness.in


  • All information provided by a Merchant on thewww.flashbusiness. in must be accurate and kept up-to-date. This includes the correct name, address, telephone number, and product details. Details entered by the Merchant on thewww.flashbusiness.in Platform will be publicly visible and may appear in search engine results.


  • The use of thewww.flashbusiness. in Platform is entirely at a customer/Merchant’s own risk. A customer must exercise complete caution when using the www.flashbusiness.in


  • The Merchant agrees and undertakes to fully co-operate with the FLASH as reasonably required, in connection with any customer-service functions undertaken by the FLASH. Such services can be provided by the Merchant either on its own or through the Suppliers, as the case may be


  • There will be a subscription charge collected from all the Sellers or Merchants which may change from time to time. The Sellers can pay the subscription charge using their credit cards, UPI Facility etc.


  • The Merchant authorizes the FLASH to place;


1. description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product, and any applicable warranty terms) on the Platform.

2. The Merchant rating is based on Merchant performance and customer reviews.

1. EXCLUSION OF LIABILITY

We take no responsibility for any direct or indirect damage that may result from the product or service.
We accept no responsibility for delays/errors due to circumstances outside the Company’s ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions etc.
We shall not be liable and responsible for the behaviour of the users. And we are also not accountable for the quality of the services provided by the Relationship manager on the website and Mobile Application.
You understand and agree that we do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of thewww.flashbusiness.in Website and Mobile Application including loss of data or information or any kind of financial or physical loss or damage.

  • In no event shallFLASH, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage. There will be a subscription charge collected from all the Sellers or Merchants which may change from time to time. The Sellers can pay the subscription charge using their credit cards, UPI Facility etc.


XXI. NO RESPONSIBILITY

We are not responsible to you for:



  • any losses you suffer because the information you put into our website and Mobile Application is inaccurate or incomplete; or


  • any losses you suffer because you cannot use our web site and Mobile Application at any time; or


  • any errors in or omissions from our website or Mobile Application; or


  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website or Mobile Application; or


  • Any unauthorized access or loss of personal information that is beyond our control.


XXII. RELEASE

You release us and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”).

XXIV. COPYRIGHT DIRECTIVE

If you have an intellectual property rights-related complaint about material posted on the website, you may contact our Designated Agent using the information below. www.flashbusiness.in ATTN: Legal Department (Copyright Notification) Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;


  • a description of the copyrighted work or other intellectual property that you claim has been infringed;


  • a description of the material that you claim is infringing and where it is located on the Website;


  • your address, telephone number, and email address;


  • a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law;


  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


XXV. THIRD-PARTY LINKS

  • The Website and Mobile Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk


XXVI. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website and Mobile Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy..

XXVII. ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website and Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Web site or Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XXVIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE/MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE WEBSITE/MOBILE APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOP PAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE/MOBILE APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES

THE WEBSITE AND MOBILE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE/MOBILE APPLICATION. THE WEBSITE/MOBILE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES AND MOBILE APPLICATION DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE/MOBILE APPLICATION AT ANY TIME WITHOUT NOTICE.

XXIX. COPYRIGHT AND TRADEMARK

The Website/Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website/Mobile application automatically terminates and you must immediately destroy any copies you have made of the Content

Our trademarks, service marks, and logos used and displayed on the Website/ Mobile Application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website /Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website/ Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

XXX. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website/ Mobile Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.

XXXI. MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATIONY

The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination.

Effect of Termination.

Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-data or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties here to concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of INDIA without giving effect to any principles of conflicts of law. The courts of INDIA shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including its holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at www.flashbusiness.in

I have read and accept the terms of contract


END OF TERMS AND CONDITIONS