Flash Homes Terms & Conditions


Acceptance of Terms & Conditions

We (“Flash Homes,” “us,” or “our”) provide the Flash Homes App, and various related services (collectively, the “App” or “Site”) to you, the user of the app (“you” or “your”). We offer you access to the App subject to your compliance with the terms, conditions, and notices contained or referenced herein (the “Terms”). By accessing or using the App you: (1) acknowledge that you have read, understand, and agree to be bound by the Terms, including our Privacy Policy; (2) represent that you have the authority to enter into the Terms (including all of the terms and conditions specified or referenced below, including the Privacy Policy); (3) represent that you are eligible to enter into these Terms pursuant to the eligibility requirements set forth below; and (4) agree that you are entering into these Terms with Flash Homes. If you do not agree to all the terms and conditions of the Terms, or if you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the App.

We may update or change our Terms from time to time. If we make material changes to the Terms, we will notify you by posting the revised Terms on our App or by notifying you at your email address (specified in your account). Your continued use of the App after such notification of changes as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the App. We advise you to review our Terms periodically for any such changes.

Eligibility to Accept the Terms

You must be at least 13 years of age or older to access or use the App. By accessing or using the App you affirm that you are at least 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your account and the Terms.

Permissions to Access the App

Subject to your compliance with the Terms, we hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to access and use, over the Internet, the App, provided that: (a) your use of the App as permitted is solely for your personal, non-commercial purpose and not otherwise inconsistent with the Terms; (b) you will not resell or charge others for use of or access to the App; (c) you will not duplicate, reproduce, transfer, give access to, copy or distribute any part of the App in any medium without our prior written authorization; (d) you will not attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the App, except as expressly permitted by applicable law (provided that you request such code from us in writing in advance and we fail to comply with such legal requirement within thirty (30) days of such request); and (e) you will not access any part of the App in order to build a similar or competitive service.

User Account & Registration

When you register on Flash Homes, you warrant that all the registration information provided by you is true, accurate, current and complete. You agree to take full responsibility for maintaining the confidentiality of your user account password and you will be solely responsible for all the activities that are generated through your user account. In the event you suspect or detect any unauthorized use of your account or any security breach, you agree to inform us immediately.

Content-related Terms

We cannot, and do not monitor or control the accuracy; reliability or authenticity of the content that is made available through our service and we do not take any responsibilities for any content submitted by users of Flash Homes. You agree that we are not liable for damages of any kind resulting from your use of the content available on our application, including inaccurate or misleading details. You are solely responsible for all content materials (posts, messages, photos, and any other material) that you submit or make available via Flash Homes. Our application may have external links to other websites, which are totally independent of Flash Homes and when you click on such links, you do so at your own risk. We do not control or manage such third party service providers in any manner and we are not liable for the content or other material that is made available through such websites.

Before you post any User Content on the App, you represent and warrant that you have the necessary rights and license to post such User Content. You represent and warrant that your User Content will be free of any claims by any third party and should not violate any copyrights or other legal rights of any other person or entity, including the right to privacy. You represent and warrant that your User Content will not violate any applicable laws or regulations. We hold no responsibility for any unauthorised content (including feedbacks, ideas or suggestions, or any other content) being posted by you or any other user of the App. We may, at any time and in our sole discretion, choose to refuse to post, move or delete any content (including user content) on our application that we believe may violate our Terms & Conditions or for any other reason.

Flash Homes holds no responsibility for damages of any kind resulting from your reliance on the accuracy, timeliness or authenticity of information available on the app, which may have been taken from public sources. If you are a user and have any issues (privacy-related, legal, identity theft, etc.) with the user information posted on our App, you can request for its removal by writing to us at info@flashhomes.in.

Use of Website and Materials

Before submitting any information on or through the app, please check the privacy settings available. Please note that some of the Personal Information that you share on or through the app, like your name and profile photo, may not have any privacy settings. If you do not want to share your profile photo with anyone on the a[[, please do not upload it. Any Personal Information that you post on the app may become available to the public instantly, depending upon your Privacy Settings. We may store your Personal Information and other content in locations that are not under direct control of us (for instance, on the servers or databases co-located with hosting providers). We take strict measures to prevent any unauthorised disclosure of your Personal Information.

When you submit User Content on the App, you grant us an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, modify, adapt, translate, transmit, sell, store, display publicly or privately, create derivative works from, distribute, and promote all such User Content, without any limitations, including, the use of User Content for commercial, promotional, or any other purposes.

You understand and agree that we may use any ideas, concepts, techniques, or any other information that you submit to the App without your permission or without any payment to you. By posting User Content on the App, you agree that other users may freely access, view, store or reproduce your User Content for their personal use. You also hereby grant each user of the App a non-exclusive license to access you User Content through the App. We are not liable for any kind of payment or compensation for any such use of your User Content.

In order to download and use our application on your mobile, your device must be compatible with our application. We take no responsibility in case you are not able to download and/or use Flash Homes app on your mobile device due to compatibility issues or for any other reason whatsoever.

Communications

We may use the email address provided by you to contact you regarding matters concerning your Account and to provide you notifications related to your Account on our application. You agree to our use of your email address to contact you for any service related to your account. If you do not wish to receive any communication from us, write to us at info@flashhomes.in

Conditions to Use Our Service

  • You are solely responsible for your conduct and for your User Content submitted to the App.
  • It is your sole responsibility to keep your account information and password safe and secret.
  • You must not submit content that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to child pornography, sexual language of a violent or threatening nature directed at another individual or group of individuals) or encourages, advocates, promotes or provides assistance involving violence, causes or may cause significant risk of death or injury or other conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • Do not submit content that is false or misleading, or that which impersonates any person or entity or promotes any illegal activities on the Flash Homes app.
  • Do not post content that infringes the copyright, trademark, or other intellectual property rights or proprietary rights of others.
  • Do not engage in spamming, keyword spamming, mass messaging or manipulating the App in any such manner.
  • Do not use unauthorized automated devices like a robot, spider, App search or retrieval application, reverse engineering or any other means to access, scrape or index any App content.
  • Do not try to record or process information about other users or populate a database using information on the App.
  • Do not attempt to gain unauthorized access to the App or any user accounts or networks connected with the App by hacking, password mining, or any other means.
  • Do not transmit any computer viruses, worms, or other items of a destructive nature on or through the App.

Indemnification

You agree to defend, indemnify and hold harmless Flash Homes, and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to App; (b) your violation of any term of the Terms; (c) your violation of any third party right including, without limitation, any copyright, property, or privacy right; or (d) any claim that any of your User Content caused damage to a third party. Your indemnification obligations will survive these Terms and your use of the App.

DISCLAIMER OF WARRANTIES

FLASH HOMES DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE. YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FLASH HOMES, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY PURPOSE, TITLE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE APP AND YOUR USE THEREOF. Flash Homes MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR APP, SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP AND/OR OUR SERVERS, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP. FLASH HOMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY USER CONTENT OR OTHER ADVERTISING, AND FLASH HOMES WILL NOT BE A PARTY TO, OR IN ANY WAY BE, RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLASH HOMES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR APP, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP AND/OR SERVERS, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, OR (F) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR PRIVACY POLICY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHETHER OR NOT Flash Homes IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT Flash Homes SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLASH HOMES’ AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE APP, EXCEED FIFTY U.S. DOLLARS ($50.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Termination and Cancellation

You are solely responsible for cancelling your Account. All the content that you have submitted on the Flash Homes app will be removed from our application when you delete your account. We reserve the right to terminate your account at any time without giving any reason, or block your access to our service for any reason, including your breach of our Terms & Conditions, or a violation of another user’s rights or a violation of law. We reserve the right to change, modify or discontinue a portion or all of our service at any time, without giving you any notice. We will not be liable to any user due to any modification or discontinuity of our service.

Questions or Additional Information

If you have any questions regarding the Terms, please contact us by e-mail at info@flashhomes.in or write to us at:

Flash Homes
C/O Brahmini Technologies
1 D, Second Floor, B-III, Cerebrum IT Park,
Kalyani Nagar, Pune, Maharashtra, India - 411014.