TERMS AND CONDITION
For the purpose of this Terms and Condition, wherever the context so requires, "you" or "User" shall mean any natural or legal person who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform.
Please read terms and condition before availing services on this platform. Availing services through this platform signifies your acceptance of the terms and condition and your agreement to be legally bound by the same.
If you do not agree with the terms and condition, please do not access this platform for any services.
To get access to use services on this platform Acceptance of terms is mandatory. By using any service, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The agreement constitutes agreement between you and www.askflip.com, to use platform's service.
This platform is entitles to assign this Agreement, and all right and obligations here under, to success party or any of its assets, by sale, merge or otherwise. The benefits for party and representative, administrator, success party will be insured.
This Platform have the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any intimation. It is your responsibility to use this platform after reviewing current Agreement so that you can accept on change basis. As long as you accept these Terms and Conditions, we will provide you personal, non-exclusive, non-transferable and limited use of this platform.
Askflip is an online business service provider that provides information and exchanges among customers.
SCOPE OF SERVICE
This is phenomenal platform to connect customer and connect businesses in local area. This brings us to search, explore and book services.
Please keep in mind that the local business listings, classified ads and other elements of service are posted by user and service provider and not by this platform.
Membership Eligibility (User & Service Provider)
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with Askflip and are not a person barred, from availing the services offered by Askflip under the laws as applicable in India.
Askflip requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
- You agree to provide true, accurate, current and complete information.
- If, after investigation, Askflip has reasonable grounds to suspect that any member's information is untrue, inaccurate, not current or incomplete; Askflip may suspend or terminate that member's account and prohibit any and all current or future use of the Askflip sites (or any portion thereof) by that member other than as expressly provided herein.
- Each member is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. Askflip cannot and will not be liable for any loss or damage arising from a member's failure to comply with this section, including any loss or damage arising from any member's failure to: (1) immediately notify Askflip of any unauthorised use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
- You hereby unconditionally authorize / approve Askflip to reserve the right to publish any and all information provided as part of this Platform registration, except email address and password to authenticate the member, to facilitate social networking among its members.
- Its sole responsibility of Member for advertisement, posting, messages, text, files, images, photos and video posted with content on this platform. If Member want to post, modify or delete any of his content needs prior written or oral communication. If Member fails to inform about update to be made by this platform then platform is not responsible for it.
If you wish to become Askflip member, you first have to sign up with all the required details on this platform by providing email or mobile number. Askflip will check validity of email and mobile number.You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
Optional profile information
Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
Recognising you as a Askflip member
You must login with registered mobile number or email id with password to become as Askflip member. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.
Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.
You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. Askflip shall neither be responsible nor liable for your non-compliance with the terms of password change.
Accessing and changing your account information
You can view and make changes in the information you have provided to us. Also can change setting by logging in into your account.
ACCESSING & TRANSMITTING THE PLATFORM'S CONTENT
Askflip's relationship with its contributors as covered below:
- Any downloading of Content is unauthorised and / or prohibited.
- You should not modify/print any content from platform. If any attempt will be treated as punishment.
- You cannot use original content for public access and if you wish to, the prior written permission is required.
- You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform.
CONTRIBUTING CONTENT TO THIS PLATFORM
This platform may contain messages, comments and testimonials. You agree to use all these to send and receive messages. You shall not do any of the following:
- Defame, abuse, harass, stalk, threaten, provoke (religiously, sexually or otherwise) or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use of swear-words or profanity is strictly prohibited. We encourage a healthy exchange of opinions and disagreements.
- Publish, post, distribute, infringing, obscene, indecent, profane, libellous, threatening, harassing, embarrassing or unlawful material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights there to or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, conduct or forward surveys, contests, or chain letters;
- You will not post the Contents (in part or whole) of any email that you may receive from any Askflip employee(s) and / or moderator. Should you post such Content, such an act would amount to an IPR infringement including infringement of our copyright.
- Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Do not post messages more than once. This is also known as flooding. Askflip reserves right to delete such posts and may terminate the accounts of such members.
All Forums are public and not private communications. Askflip reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
USING THIS PLATFORM'S SERVICES
This section covers terms to use services. You agree that:
- Askflip may block or deny access if user violating any of these listed terms.
- Askflip cannot ensure that platform will be available to all users for all time.
- Askflip is not responsible for loss of access to this platform because of failure in internet connection or any temporary hardware or software failure.
- Askflip reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Payment of transaction amount can be done online if Users choose to do so. The User can:
- Pay 100% through the Platform before the service.
- Pay the vendor directly after service.
The User and the service provider agree that:
- The payment for any transaction will be made as per RBI guideline between user and service provider through payment gateway.
- By providing payment facility on this platform, Askflip is not acting as trustee nor fiduciary for any online transactions.
- All the payment will get settled in Indian Rupees. This Platform will not facilitate transaction with respect to any other form of currency with respect to the transactions made on this Platform.
- The payment facility provided by this Platform is neither a banking service or a financial service or a NBFC. Askflip shall merely act as a facilitator for providing an electronic, automated online payment, collection and remittance facility for the transactions conducted by this Platform using the existing authorized banking infrastructure and credit and / or debit card payment gateway networks.
- Askflip will not be liable or responsible for any damages or claims arising out of non- processing of any transaction or any delay in processing a transaction, which is beyond the control of Askflip.
- While accessing the payment facility of this Platform, the service provider consents to supply all such information including but not limited to his name, email address, home address, telephone number, credit or debit card number, CVV number, expiry date of such card (as and when required), as is necessary for successful completion of the payment for the transaction between the service provider and the User. Askflip reserves the right to store all such information in such manner as it deems fit including storage on cloud service or third party environment.
- The service provider and the User consent that the information provided by them may be passed on to the banks as and when necessary for processing the payment done through the payment facility.
- The service supplier warrants that each one data equipped by members of them or their business and / or house in using the Services, as well as while not limitation his name, email address, home address, telephone number, bank account details (Account number, name, Account type, IFSC code etc. as and once required), is true and correct. The service provider involves Askflip of financial or other liabilities, if any due of statement or errors within the information shared by him/her/them. Each User and service provider agree that Askflip, its affiliates and connected entities shall not be liable and can be control harmless and indemnified against any claims / damages arising out of the dealings between the User and also the service provider.
- Askflip will not be responsible for any loss or damage arising directly or indirectly to the service provider or the User due to any payment issues arising out of the transaction including but not limited to invalidity of the credit or the debit card, expiry of such card, lack of authorization for any transaction/s, insufficient money in the account of the service provider, exceeding the limit of transaction (a) mutually agreed between the Service Provider and the User or (b) imposed by this Platform.
- Askflip reserves the right to impose limits on the number of transaction done by the User.
- Askflip reserves the right to refuse to process transactions by service providers with a prior history of questionable charges including without limitation breach of any agreements by service provider with Askflip or breach / violation of any law or any charges imposed by the Issuing Bank or breach of any policy.
- Askflip issues cash receipts to its service providers who pay the subscription money in cash. It may be in the physical form or through an SMS or email in the electronic mode. All the service providers of Askflip should insist for a duly filled in cash receipt against the payment made in cash and any dispute relating to cash payment will only be accepted, against production of the said cash receipt.
FAILURE OR DELAY IN SERVICES BY THE SERVICE PROVIDER
Askflip will not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Askflip shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.
Askflip is not responsible for any losses resulting from:
- Any violation by you of these Terms and condition.
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Askflip.
- Not with standing anything contrary contained elsewhere under this Terms and condition and without prejudice to other legal remedies available, Askflip shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to Fraud.
DISCLAIMER OF WARRANTIES & INDEMNITIES
It's on your own risk to use this platform. This platform is provided by Askflip, to the full extent permissible by applicable law. It is acknowledge that any warranty is being provided by owner, advertiser or manufacturer and not by Askflip. Further:
- This platform does not give any warranty for information, content, products and website.
- This Platform and its services will meet your requirements.
- This Platform will be uninterrupted, timely, and secure or error free.
- The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
- Errors in the software will be corrected within reasonable time.
All rights to the Platform material not expressly granted herein are reserved.
Third party merchants and advertisers: You acknowledge that Askflip does not control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.
Askflip does not take any involvement while transaction between User and Service Provider. It does not have any control over quality, safety and legality of items advertised.
All transaction on this platform will be done between user and service provider. Askflip does not hold itself as agent or employee.
Service provider shall be indemnify any errors and losses held by him to recover at that time only.
You must be at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all Terms & Conditions herein. If you are using the Service, you further warrant that you have legal authority to enter into other agreements for performance of services.
You shall not collect personal data and other information for commercial or unlawful purposes.
As a Service Provider, you agree to list your items in the right category and to accurately describe the items you are selling.
It is your responsibility to determine whether the purchase or sale of any listed item is authorised by law.
Askflip reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. This Platform reserves the right of removing the profiles of people who register with bogus addresses, telephone, and fax information. Askflip reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
The Service Provider agrees and acknowledges that the information provided by him regarding his services is true and correct. Such information cannot be changed except with the prior intimation to and consent of Askflip.
Both User and Service Provider hereby agrees that, at no time shall this Platform have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Askflip shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. This Platform is only a platform that communicates the inputs of the User to the Service Provider.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.
You agree not to make use of anyone else's information concerning this Platform's market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
RIGHTS TO TERMINATE
You agree that Askflip, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Askflip and any User / Service Provider of the Platform.
If at any point of time Askflip finds that the information provided by you in your registration or web mail is false, Askflip reserves the right to terminate your account.
No Refund are available
APPLICABLE LAW AND DISPUTE RESOLUTION
If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by a sole arbitrator, appointed by Askflip. The place of arbitration shall be in Maharashtra, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive and binding upon the parties
The courts in Maharashtrashall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with Askflip.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.