1. GENERAL

www.FlashAid.in, an internet-based HealthTech portal and “FlashAid”, a mobile application, (hereinafter together be referred to as “Website”) is run, operated, and maintained by LifeBox Technologies Pvt. Ltd. (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2016. Use of the Website is provided to the User, subject to acceptance of all terms, conditions, and notices contained in these Terms including the applicable policies for the reference here, and any periodic amendments/modifications by the Company at its sole discretion and posted on the Website, including an additional charge (if any) for access to or use of a service(s).

The context so refers “You” or “User”, shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information (defined below) at the time of registering on the Website as a Registered User using necessary means.

The Company will not be required to notify you, whether you are a registered user or not, of any changes made to the Terms and Conditions (“Terms”). Revised terms will be available on the website. Your use of the Website and the Services is subject to the current version of the Terms made available on the Website, at the time of such use. Please visit the Website regularly to view current Terms. It will be your responsibility to review the policies from time to time to determine changes. The Company may require you to give your consent to the revised terms in a specified manner before re-using the Website and Services, provided on the Website. If no such special permission is required, your continued use of the Website, subject to changes in this Term, will constitute your express acceptance of those changes.

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that you have read, understood, and agreed to be bound by, including without limitation, by these Terms, the Website’s Privacy Policy. and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

2. SERVICES

By accepting the TERMS, the User acknowledges that the Company is merely an affiliate/facilitator of the services thereinafter mentioned on the Website, and is in no way to consider as a Hospital / Insurance Firm / Financial Entity.

With regard being to that fact, this Website is a platform that affiliates/facilitates, as an intermediary, the online requisition means by the User can avail the Services as mentioned on the said Website through the Partnered Entities (registered third-party).

The transaction between the registered third parties and User, of Products and Services, facilitated by the requisition placed by the User on the Website shall be governed by these TERMS. Company is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between User and the third-parties.

Company further reserves the right to change or modify these Terms of Use or any policy or guidelines of the Website including the Privacy Policy, at any time and at its sole discretion. Any changes or modifications made will be effective immediately upon posting the revisions on the Website. User’s continued use of the Website will confirm one’s acceptance of such changes or modifications.

Services Offered:

• Healthcare Consultation
• Home Care Services
• Special Services

Risks associated with Company’s Services

• User is obligated to abide by these Terms of Use, Privacy Policy, and any other Company Policy by using the Company’s Services.
• The third-party registered medical practitioners will be required to be provided with all the access required to your personal information including but not limited to the medical records while examining the User. Thereby the User acknowledges, that all such data as required by the Professional Medical practitioner, as provided to the Company, can be passed over the said Professional, for better rendering of Services.
• You acknowledge and agree, by requesting a medical opinion through the Website, that the advice/information/opinion on diagnosis You may receive could be limited and provisional the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship.
• In case of a second opinion, where there is a difference of opinion among Our third-party registered medical practitioners and one’s physician, One would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment.
• The Medical Expert is reliant on information provided by the User and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void.
• In some events, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which the Practitioner may refuse to answer the query.
• In rare cases, the third-party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/User and the Consultation may be refused forthwith.
• In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information
• Delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.

3. ELIGIBILITY OF THE USER

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Services shall also not be available to any Users suspended or removed from the company’s system for any reason whatsoever. If the User does not conform to the above qualification, they will not be permitted to put a requisition for the Services through the Website. By accessing and using this Website, the User represents that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if the User is below the age of eighteen (18) years, they may avail the services provided by the Website, through their legal guardian in accordance with the applicable laws.

Company reserves the right to terminate one’s User membership and / or refuse to provide the User with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years.

Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and the User shall have no right to object to the same.

The User shall not have more than one active Account on the Website. Additionally, they are prohibited from selling, trading, or otherwise transferring their Account to another party.

4. USER OBLIGATIONS

Subject to compliance with these Terms, Company grants the User a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the Services provided herein.

The User agrees to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and under the ambit of the General Law.

User agrees not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company. One shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

User acknowledges and agrees that by accessing or using the Website or Services, they may be exposed to content from other users that one may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, one is free to report such offensive content in the manner prescribed herein.

If the Website allows the User to post and upload any material on the Website, hereby undertake to ensure that such material is not offensive and in accordance with applicable laws.

In addition, User is obligated not to do the following:

• Insulting, harassing, harassing, threatening or violating the legal rights of others;
• Impersonating any person or organization, or falsely or otherwise misrepresenting your involvement with that person or organization;
• Publish, post, upload, distribute or distribute any inappropriate, ungodly, degrading, illegal, obscene, disrespectful or illegal content, name, equipment or details of any bookmark, marker or keyword;
• Upload files containing software or other protections, so protected by applicable patent laws unless you own or control your rights or obtain all necessary permissions;
• Upload or distribute files containing viruses, corrupted files, or other similar software or programs that may impair the performance of another person’s Website or computer;
• Engage in any activity that interferes with or interferes with access to the Website or services (or the servers and networks connected to the Website);
• Attempt to access unauthorized access to any part or feature of the Website, to any other programs or networks connected to the Website, to any Company server, or to any services offered on this Website or, hacking, password request or any other illegal means;
• Inspect, scan or test the vulnerability of the Website or any network connected to the Website, or violate security or authentication methods on the Website or on any network connected to the Website. You may not defer to view, track or seek to obtain any information from any other user, visitor of the Website, or any other Company customer, including any Company Account that does not belong to you, its source, or to exploit the Website or the service or information made available or provided by the Website or through it, in any way or for the purpose of disclosing any information, including but not limited to personal information, other than Your personal information, as provided by the Website;
• Interrupts or disrupts security, or poses a threat to the Website, system resources, accounts, passwords, servers or networks connected or accessible by websites or any other linked or connected sites;
• Collect or store data about other users about prohibited conduct and activities set out in this Section.Use any device or software to interfere with or attempt to disrupt the operation of the Website or any transaction made on the Website, or in any other use by the Website;
• Use the Website or any other content or content for any purpose that is illegal or prohibited by these Terms, or to request the performance of any illegal activity or other activity that infringes the rights of the Company or any third party;Conduct or submit research, contests, pyramid schemes or letters;
• Download any file sent by another service user who knows, or should know, cannot be officially distributed that way;
• Lying or deleting any author’s documents, legal or other relevant notices or related positions or source labels or software source or other content contained in the uploaded file;
• Violation of any code of conduct or other guidelines, which may apply to any particular service;
• Violate any applicable laws or regulations for the period operating within or outside India;
• Violation of Terms, including but not limited to any additional Terms of Website contained herein or elsewhere;
• Reverse engineer, modify, copy, distribute, transfer, display, create, reproduce, publish, license, construct and retrieve works from, transfer, or sell any information or software found on the Website.
• Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User’s access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever.
• Company always reserves the right to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
• Company also reserves the right at all times, to use the User information and pass on the given data, to the registered and partnered entities in order to fulfil the requirements for the Service as availed by the User.
• The User agrees and acknowledges that Company is not the third party owner of the Services available to avail on the said Website and thereby Company shall in no manner be deemed to be held liable in case of Medical Negligence or Monetary loss suffered due to the third-parties. Company is only affiliating/facilitating the said Services, as available through the registered and partnered third parties.
• User agrees that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
• User agrees that the Website will not be used for illegal purposes. Information and Services will not be used for any illegal purpose. One will not access our networks, computers, or Knowledge and Services in any way that could harm, disable, burden, or interfere with, or interfere with another person’s use and entertainment. One will not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected to the Website, Information, or Services. Such unauthorized access includes, but is not limited to, using third-party login credentials to access his Company profile/account. Any attempt by the individual or organization to request access to the information of any other user or Medical Specialist or to access such an account is a clear violation of these Terms of Use and applicable laws (s), including applicable privacy and security laws and laws prohibiting unfair business practices. or illegal.
• User acknowledges and agree that transactions between registered medical personnel and by telephone and e-physician may be accessed by the Company for the purpose of monitoring the level of consultation. Consultations provided by a registered third party doctor will be conducted through a secure, secure line.

5. USER ACCOUNT REGISTRATION AND SECURITY

The Website requires visitor to register as a User by creating an Account in order to avail of the services provided by the Website. User, itself will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under their Account.

The Company will enable the User to make the Services available to them through the Website, provided that he or she has provided the Company with the required User information, including without limitation, name; User ID; email address; address gender; age; phone number; password; official financial account details; and other details and created an account (“Account”) with Company ID and password or other login ID and password, which may include facebook, gmail, or other valid email ID ( collectively, “Account Details”). Transactions and Service delivery through the registered Partnered Entities may also be subject to the Website’s Terms of Use, Terms, Uploaded Guidelines, Additional Terms of Service, or other disclaimer and notices, if any (“Additional Terms”).

In the event of a conflict between the Terms of Use and the Additional Terms, the later will be prioritized in respect of that service.

User agrees to (a) promptly notify the Company of any unauthorized use of personal Account or Account Information or any security breach, non-compliance with TP guidelines and (b) ensure that they log out / sign out from their Account at the end of each session.

The Company cannot and will not be liable for any loss or damage resulting from the User’s failure to comply with TERMS. User may be liable for any losses incurred by the Company or any other User or Website visitor as a result of unauthorized or unauthorized use of a person’s Account for failure to keep his or her Account information secure and confidential or otherwise.

The Website also allows / shall allow restricted access to the Website for unregistered Users.

You shall ensure that the Account Information provided by You in the Website’s registration form is true, complete, accurate and up to date.

Use of another User’s Account Information for availing the services offered by Company is expressly prohibited.

If You provide any information that is false, untrue, inaccurate, not current or incomplete (or becomes false, untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You.

6. THE USER’S CONTENT

The User grants to FLASHAID the non-exclusive right to use all material entered into the Web site by the User (other than third-party material transmitted through private electronic mail) in any of The FLASHAID ‘s print or electronic publications (“Other Content”).

Users entering material into the Web site are responsible for the Other Content. Neither the website nor FLASHAID has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site. However, the website retains the right, which it may or may not exercise in its sole discretion ,to review, edit, or delete Other Content that the website deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of the website.

The User agrees to indemnify the website and FLASHAID from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the website, FLASHAID , their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into the Web site with the use of the User’s screen name or password.

7. PAYMENT AND REFUND

FlashAid strives to provide it’s Users with the best prices possible on the Services, as required from the Website. The pricing details of the Services, from the Website are detailed under these Terms.

Further:

All commercial terms such as price and/or delivery of services are as per principal-to-principal bipartite contractual obligations between User and the third parties.

The User-Company Relationship is based on principal to principal and by accepting these Terms of Use, User acknowledges that the Company is an independent contractor for all purposes, and has no control or liability for the services listed / provided on the Company’s website. The Company does not guarantee the identity of any third party and does not guarantee that the User or a third party will complete the transaction.

User, understands that when they first apply to the Website, they enter into a legally binding agreement with a third party to obtain Services from a third party and/or in any other way that the Company has offered on their website.

User, will provide a copy of all required documents as required to obtain the Services, where and when required by the Professional Service Provider. User agrees that delivery of such Services will only be made by the third party and not by the Company who is merely an Affiliate/facilitator.

User, you will have the right to claim a refund in accordance with the company’s refund policy.

Refunds will be made in Indian Rupees only and will be equal to or equal to the value of the transaction received by Indian Rupees.

Refunds will depend on whether the user complies with these Terms of Use.

The Company reserves the right to refuse to process orders / claims for users with a history of suspicious offenses including violating any User-Company Agreements or violating any policy.

User acknowledges that the Company is a sole proprietor and does not fall under the category of HealthCare and/or Insurance Associations.

Subscription Fees – Any subscription fees charged by the Company, can be paid online through the institution made available on the Website. Such online payments are also processed through sponsorship and banking services / payment gateways / payment aggregators / third parties and the Company and / or Merchant, although Company is not liable for any loss or damage caused by User / Vendor / third party service providers through this process as these banks / gates / payment aggregators / third parties are beyond the control of the Company and / or the Merchant.

Taxes – Each user / third party provider is responsible for all taxes, compliance, legal registration, and reporting. The Company and / or Merchant will in no way be liable for any tax other than its taxes. In addition please note that all fees are subject to applicable tax.

Security Measures- The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.he Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company and/or Seller shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.

Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company and/or Seller

8. CANCELLATION & REFUND POLICY

The membership fee paid towards any of the FlashAid plan will be fully refunded in the first 7 days with “No-question- asked” provided there is no service availed by the member , Post which the membership cannot be cancelled and any fee(s) paid will be forfeited.

9. INTELLECTUAL PROPERTY RIGHTS

The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The Trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark “www.FlashAid.in”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, User acknowledges and agree that they shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.

10. LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. The website will not pay you any damages in connection with your browsing or use of the Web

Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER THE WEBSITE NOR FLASHAID MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE WEB SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE WEBSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER THE WEBSITE NOR FLASHAID SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE WEBSITE, FLASHAID NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL THE WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.

The website assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

11. ADDITIONAL LEGAL TERMS

This Agreement will continue until terminated by either FLASHAID or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.

FLASHAID may discontinue or change the Web Site or its availability to you, at any time.

This Agreement constitutes the entire agreement between the parties relating to Web site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of the website, to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of India and subject to jurisdiction of courts of Bangalore, as if the Agreement was a contract wholly entered into and wholly performed within Bangalore, and any litigation related to this Agreement shall be brought exclusively in the courts of Bangalore. All rights not expressly granted herein are reserved.

12. ANTI-HACKING PROVISION

You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:

• (1) use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
• (2) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, proc-ess or methodology or manual process having similar processes or functionality, to access, ac-quire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;
• (3) obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
• (4) in any way bypass or circumvent any other measure employed to limit or pre-vent access to the Web Site or its content;
• (5) violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;
• (6) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
• (7) take or attempt any action that, in the sole discretion of this Web Site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation’s infrastructure.

13. DISCLAIMER OF WARRANTIES AND LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law the website, services and other materials are provided by Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the terms.

To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Company will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavored to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

Company shall not be liable for any third party product or services. the advertisement available on e-mail or website with respect to the third party website or the Products are for information purpose only.

You expressly agree that Your use of the Website is at Your risk.

14. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, Company’s entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.

Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. Company does not, at any point of time during any transaction between Buyer and Seller on the Website. come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

15. VIOLATION OF TERMS

You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems.

If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company.

16. TERMINATION

The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.

Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);

The provision of the services to You, by Company is, in Company’s opinion, no longer commercially viable;

Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or

Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in Company’s sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.

Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.

17. GOVERNING LAW

These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

18. REPORT ABUSE

In the event You come across any abuse or violation of these Terms or If You become aware of any objectionable content on the Website, please report to Company’s customer support team.

If You have any concern about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:

Address: 13th Floor, We Work, 247 Embassy Park , L.B.S. Marg, Vikhroli West, Mumbai, Maharashtra 400 079. Phone number: 08045888838
E-mail: [email protected]

19. PRIVACY POLICY

Company views the protection of Your privacy and information as a very important principle. We store and process Your Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Company’s current Privacy Policy is available at www.FlashAid.in/privacy-policy. If You object to Your Information being transferred or used in this way, please do not use Website. Company will share / sell / transfer / license / covey some or all of your personal information with another business entity, should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to Company and affiliates of Company and such Company and its affiliate may use such information to provide You various services with respect to Your transaction, whether such transaction are conducted on www.FlashAid.in or with third party merchant’s or third party merchant’s website.

The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of Company in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You. (https://FlashAid.in/privacy-policy)

20. COMMUNICATIONS

You hereby expressly agree to receive communications by way of SMS, e-mails from Company, phone calls relating to the Products offered through the Website.

A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:

Visiting www.FlashAid.into unsubscribe from messages/ SMS; and

Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

21. GENERAL PROVISIONS

Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to [email protected]

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company’s rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.