Terms & Conditions

TERMS AND CONDITIONS:-

1          Contractual Relationship:-

            These Terms of Use(/Terms/) govern the access or use by your, an individual, from within India of applications, websites, content, products, and services (/Services/) made available by Flash Services having its registered office at: SBS Nagar, Dugri, Dhandra Road, 200 feet Bypass Road, Backside Baba Balak Nath Mandir, Ludhiana.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Flash Services. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreement with you.

Supplemental terms may apply to certain services, such as for a particular event, activity or promotion and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services, Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY:-

Flash Services reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use and any other documents incorporated by reference herein for complying with legaland regulatory framework and for other legitimate business purposes, at any time and Flash Services will post the amended Terms of Use at the domain of website www.flashservices.in terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the terms of Use frequently. Your use of the Website following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or Website.

PRIVACY POLICY:-

Flash Services has established a Privacy Policy that explains to users how their personal information is collected and used.

Flash Services may disclose users’ personal information to third parties. Flash Services may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include on accident, involving you and a third party and such information and data is necessary to resolve the complaint, dispute or conflict. Flash Services may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.

The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Flash Services and how they may make a privacy complaint.

The Services:-

Flash Services will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as on independent third party provider (/Service Partner/) access to and use of Flash Services’ mobile applications or websites (each, an/application/collectively) to: (a) arrange and schedule delivery of services with end-users of those services, who have an agreement with Flash Services affiliates (/Users/); (b) determine the amount to be paid by the Users to you for the services provided by you; (c) determine the maximum and efficient utilization of your time while using the Services; (d) take measures to maximize your earning potential through use of the Services; and (c) facilitate receiving of payments from Users for services offered by you via Flash Services Platform and generation of receipts for those payments.

Non Employment:-

The Services are made available solely for your commercial use, unless Flash Services has agreed with you otherwise in a separate agreement. You acknowledge that there is no contract of employment between yourself and Flash Services and that you will provide your services as an independent contractor. Further, no agency, partnership or joint venture is created as a result of these Terms or your provision of services to Users. You will not seek and Flash Services will not provide any supervision, directions or control over the individual services that you offer to Users. You will obtain and possess at your own cost and at all times, while accessing and using the Services, the necessary approvals/license/tax registrations required to offer your services to Users have no authority to bind Flash Services in any respect. You further acknowledge that Flash Services does not provide any of the services that you offer to Users via the Flash Services Platform and that Flash Services does not function as a provider of the particular services that you are offering to Users via the Flash Services Platform. Flash Services only seeks to provide the Flash Services Platform wherein you and Users can be brought together and has no role in the execution or provision of the services you provide to Users. You are solely responsible for the services that you provide to the Users.

Flash Services accepts liability for the Services and Application that if provides to you subject to these Terms.

License:-

Subject to your compliance with these Terms, Flash Services grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (a) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your commercial use. Any rights not expressly granted herein are reserved by Flash Services and Flash Services’ licensors.

Restrictions:-

You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivation work based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Flash Services; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing Ownership.

Your Use of the Services

Accounts

You must be at least 18 years of age, to obtain an Account, unless a specific Service permits otherwise, Account registration requires you to submit to Flash Services certain personal information, such as your name, address, mobile phone number and age, as well as valid government issued identification and trade license (if applicable), government approvals allowing you to offer your services, and/or requisite tax registrations. You agree to maintain accurate, complete and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.

No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access use your account and that you will not share your login credentials (i.e. your user name and password) with any other person. If it is reasonably suspected by Flash Services that you have shared your login credentials or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases, where it is established that you have allowed a person other than yourself to access and use your Account these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.

You may only possess one Account. If it is found that you possess multiple accounts on the Flash Services Platform, your access to all Accounts on the Flash Services Platform will be permanently revoked without notice.

You hereby expressly acknowledge and agree that you and not Flash Services will be liable for your losses and damages (whether direct or indirect) caused an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Flash Services or others due to such unauthorized act.

You acknowledge that your continued use of the Services is subject to you maintaining a minimum ratings threshold. The ratings threshold for your particular category and your particular city will be communicated to you either through the Flash Services platform or via text message or by Flash Services’ employee in your city. If your ratings fall below the minimum threshold your access to the Flash Services Platform will be temporarily blocked. In the event you ratings fall below the prescribed threshold and your access to the Service is temporarily blocked. You will be required to attend a training session to reactivate your access to the Services.

Text Messaging:-

By creating an Account, you agree that the Services may send you text messages as part of the normal business operation of your use of the Services. Your consent to receiving such text messages and acknowledge that any steps taken by you to not receive such text messages will affect your use of the Services.

Network Access and Devices:-

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for updating compatible hardware or devices necessary to access and use the Service and Applications and any updates thereto. Flash Services does not malfunctions and delays inherent in the use of the internet and electronic communications.

Payment:-

After you have delivered your services to the Users through your use of Service, Flash Services will facilitate the payment of the applicable amount to be paid by User to you as you as your limited payment collection agent. Payment of the amount payable by the User in such manner shall be considered the so as payment made directly by the User to you. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by the User to you are final and non-refundable, unless otherwise determined by Flash Services.

You agree and acknowledge that the amount to be paid by a User for the services offered by you may vary based on geographical areas, population density, time periods, demand, weather and traffic conditions, local or national holidays, particular days of the week and other factors that might be determined by Flash Services from time to time.

This payment structure and determination of the amounts to be paid by the Users to you is intended to fully compensate you for the service provided by you to the User. Flash Services does not designate any portion of the payment received by you as a tip or gratuity from the User. Any representation by Flash Services on the Flash Services Platform to the effect that tipping is/voluntary/not required/and/or/included/in the payments made for services provided is not intended to suggest that Flash Services provides any additional amounts, beyond those described above. You understand and agree that, while Users are free to provide additional payment as a gratuity to you, the Users are under no obligation to do so. Gratuities are voluntary. 

Flash Services will, on your behalf, generate an invoice for the services provided by you to the User. The invoice will be raised in your name and sent to the User via the Flash Services Platform and/or any other mode of communication.

Taxes:-

You understand that Flash Services is acting solely as an intermediary for the collection of payments and fees between Users and you. State and local tax to vary significantly by locality and you, therefore understand and agree that you are solely responsible for determining your own tax reporting requirement in consultation with tax advisors. Flash Services cannot and does not offer tax advice to you. Further, you understand that Flash Services shall not be responsible or liable in any manner in relation to tax liability that you may incur. In case of unregistered Housekeeping services (‘HK services’), Flash Services shall pay tax under Section 9(5) of Central Goods and Service Tax Act, 2017 on your behalf. Additionally, any other applicable taxes (whether direct or indirect) that can liable to be deducted on your behalf will be done so by Flash Services and the payment due to you from the User will be net of such deductions towards applicable taxes.

No Discrimination:-

Flash Services prohibits discrimination against other service providers or user based on race, religion, caste, national origin, disability, sexual orientation, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any your refusal to provide services based on any of these characteristics. It if is found that you have violated this prohibition you will loss access to the Flash Services platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of person in such jurisdictions, services provided in compliance with these laws and relevant applicable terms are permissible.

Suspension and Termination:-

Flash Services may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Flash Services reasonably suspects that:-

●          You have, or are likely to breach these Terms; and/or

●          You do not, or are likely not to, qualify, under applicable law or the standards and policies of Flash Services and its affiliates, to access and use the Services, Flash Services may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereto

●          immediately, where Flash Services reasonably suspects that:

You have, or are likely to, materially breach these Terms; and/or

You do not, or are likely not to, qualify, under applicable law or the standards and policies of Flash Services and its affiliates, to access and use the Services or

●      Where Flash Services, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason

Without limiting its other rights under these Terms, Flash Services may immediately restrict or deactivate your access to the Services if you breach the Privacy Policy and/or Community Guidelines (where applicable) at any time.

You may terminate these Terms at any time, for any reason by informing Flash Services either in writing or by visiting Flash Services’ local city office of your decision to terminate.

Effect of Termination:-

Upon termination of these Terms, your right to participate in the Flash Services Platform, including, but not limited to, your right to offer or purchase services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Flash Services system.

Upon termination, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Flash Services data, Marks and other content in your possession or control. You further acknowledge and agree that Flash Services shall not be liable to you or third party for any termination of your access to the Flash Services Platform. Upon termination, Flash Services retains the right to use any data collected from your use, the Flash Services Platform for internal analysis and archival purposes, and all related licenses you have granted Flash Services hereunder shall remain in effect for the foregoing purpose. In no event is Flash Services obligated to return any Service Partner Content to you.

Disclaimer:-

THE SERVICES ARE PROVIDED/AS IS/AND/AS AVAILABLE/TO THE MAXIMUM EXTENT PERMITTED BY LAW. FLASH SERVICES DISCLAIMS ALL REPRESENTATION AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OU

IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FLASH SERVICES DOES NOT GUARANTEE YOUR SAFETY WHILE DELIVERING SERVICE REQUESTS. YOU AGREE THAT THE ENTIRE RISKH ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Statutory Guarantee:-

Flash Services does not exclude, restrict or modify any liability that cannot be excluded, restricted, or which cannot be excluded, restricted or modified except to a limited extent, as between Flash Services and you by law. However, where such statutory provisions apply, to the extent to which Flash Services is entitled to do so, Flash Services’ liability will be limited at its option to:-

a)         In the case of a supply of goods:-

i)          The replacement of the goods or supply of equivalent goods;

ii)         The payment of the cost of replacing the goods or acquiring equivalent goods;

iii)        The payment of the cost of having the goods repaired; or

iv)        The repair of the goods; and

b)         In the case of services:-

i)          The supply of the services again; or

ii)         The payment of the cost of having the services supplied again.

Limitation of Liability:-                      

FLASH SERVICES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROOF, LOST DATA RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FLASH SERVICES HAS BEEN ADVISED OR THE POSSIBILITY OF SUCH DAMAGES. FLASH SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND USER, EVEN IF FLASH SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FLASH SERVICES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FLASH SERVICES’ REASONABLE CONTROL IN NO EVENT SHALL FLASH SERVICES’ TOTAL LIABILITY TO YOU CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ₹10,000/- (RUPEES TEN THOUSAND).

FLASH SERVICES WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON YOUR BEHALF, IN REASONABLE WAY AND IN ACCORDANCE WITH APPLICABLE LAW.

Indemnity:-

You agree to indemnify and hold Flash Services and its affiliates and their officers, directors, employees and agents harmless rom any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fee) arising out of or in connection with: (i) your use of the Services or Services or goods obtained through your use of the Services; (ii) your breach or violation of any of the Terms; (iii) Flash Services’ use of your User content; or (iv) your violation of the rights of any third party, including Users (/Losses/).

Your liability under this clause shall be reduced proportionately if, and to the extent that, Flash Services directly caused or contributed to any such Losses.

Dispute Resolution:-

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of broadly in connection with or relating to the Services of these Terms, including those relating to its validity, its construction or its enforceability (any/Dispute/). Flash Services or its affiliates operates a complaints process to allow you to make complaints about Flash Services or Users and Flash Services or its affiliates also manages refunds to your in relation to those complaints. Flash Services or its affiliate will operate this complaints process in a reasonable manner.

To raise a dispute you may first contact an Flash Services employee at your local city office. Alternatively, you may also raise your dispute through the helpline (/Partner Helpline/) provided for the recording and resolution of Disputes.

Disputes may also be raised during focus group discussions that are regularly organized in the cities in which Flash Services operates.

You may use any of the above mechanisms to raise a Dispute to challenge or appeal against any decision that has been taken, with regard to your accent to or use of the Services, by Flash Services.

In the unlikely event that a Dispute raised by you is not resolved and you, these Terms shall be exclusively governed by and construed in accordance with laws in force in India. In the event of an unresolved dispute, the parties shall first attempt to amicably settle the dispute through Mediation. If the dispute between the parties cannot be resolved through Mediation within a period of 45 days from the reference of the dispute to Mediation, the parties may pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. Arbitration will be accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time) and the arbitral tribunal will consist of three arbitrators- one each to be nominated Arbitration shall be the city in which the dispute arises. The Sole Arbitrator shall be appointed at Ludhiana and only Ludhiana District shall have the territorial jurisdiction.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentially obligation set out in these Terms.

Use of recommended products:-

Flash Services will recommend certain products that need to be used by you to deliver services to the Users. This is to ensure your safety as well as that of the Users. Any deviation from the recommended list of products will entitle Flash Services to take appropriate measures against you, including but not limited to reduction of credits from your Account, increase of Lead Price and any other measures that Flash Services acting reasonably deems fit and in the interest maintaining of integrity of its business and the Flash Services Platform.

General:-

You may not assign or transfer these Terms in whole or in part without Flash Services’ prior written approval (which will not be unreasonably withheld). You give your approval to Flash Services for it to assign or transfer these Terms in whole or in part, including to: (i) subsidiary or affiliate; (ii) an acquirer of Flash Services’ equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you Flash Services or any User as a result of the contract between you and Flash Services or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provision in these Terms shall not be affected that event the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These terms including any incorporated policies constitute the entire written agreement and understanding of the parties with respect of its subject matter and replace and supersedes all prior or contemporaneous written agreements or undertakings regarding such subject matter.