1. Introduction and Acceptance
1.2 Flash is a joint stock company, with commercial registration number 159568, incorporated in accordance with the laws of the Arab Republic of Egypt and with its head office located at Villa 4, Nadi Street (currently 73 Street 15), Maadi, Cairo.
2. Registration and Account Creation
2.1 When registering as a user of the Flash App you have been or will be required to provide certain information about yourself and register a username and password, using a valid email address and mobile number, to be used for the purpose of accessing your account on the Flash App (“Your Flash Account”).
2.3 You may be required to verify your phone number and/or your e-mail address depending on features of the Service that you would like to use. You also may be prompted to answer several security questions or be issued access keys or credentials that may be used to enable access to the Service and authorize transactions concluded using Your Flash Account. Your password and access keys or credentials are collectively "Your Credentials."
2.4 On becoming a member of the Flash App, you represent, warrant and agree that:
- Youareresponsibleformaintainingtheconfidentialityof,andrestrictingaccess to and use of, Your Flash Account, Your Credentials, and accept responsibility for all activities and transactions that occur through Your Flash Account or using Your Credentials.
- YouwillimmediatelynotifyFlashifYourCredentialshavebeencompromised and/or of any unauthorized use of Your Flash Account or any other breach of security. In no event will Flash be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of Your Credentials or any information linked to Your Flash Account. You agree to indemnify and hold Flash harmless for any improper, unauthorised or illegal use of Your Flash Account, the Service or otherwise by using Your Credentials, whether or not you authorised such access.
- You will provide true, accurate, current and complete information and documentation, if so required by the Flash App, about yourself as prompted by Flash’s registration form (the "Your Data").
- You will maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Flash has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with this Agreement, without prejudice to any other rights and remedies available to Flash under this Agreement or at law, Flash has the right to indefinitely suspend, limit or withdraw your access to the Flash App and/or Your Flash Account.
- Youareresponsibleforandshallbeboundbyallacts,transactionsandactivities which are concluded through Your Flash Account.
- Your username shall not include the word "Flash", any such words which you are not authorized or licensed to use or any such words which infringe on another's intellectual property rights or which violate any applicable laws and/or regulations.
3.2 Without prejudice to any other rights and remedies available to Flash under this Agreement or at law, Flash reserves the right to limit or withdraw access to the Flash App or the membership of any person in the event that Flash believes that the person is under the age of 18 years. The Flash App and the Service provided thereby is not available to persons whose membership has been suspended or withdrawn by Flash for whatever reason that may be.
3.3 No person may register as a member of the Flash App more than once.
4.1 Flash reserves the right, in its sole discretion and at any time, make any inquiries it considers necessary, whether directly or through a third party, and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. That information may include without limitation your ID number or other identify verification number, a valid credit card, a valid checking, savings or other bank account at a financial institution in the Arab Republic of Egypt that has beenverified by Flash (your "Bank Account"), or other financial or personal information.
4.2 You agree to provide any information and/or documentation to Flash upon such requests. You acknowledge and agree that if you do not, Flash, without liability, may limit, suspend or withdraw your access to the Flash App and/or Your Flash Account. We also reserve the right to cancel unconfirmed/unverified accounts or accounts that have been inactive for any period exceeding (6) months.
4.3 You hereby irrevocably authorize us to obtain from time to time one or more of your consumer credit reports to establish, update, or renew Your Flash Account with us or in the event of a dispute relating to this Agreement or the activity under Your Flash Account. You are solely responsible for taking appropriate steps to verify the identity of other users of the Service and as well as the identity of the providers of goods and services with whom you transact using the Flash App.
5. The Service
5.2 Upon creating Your Flash Account, you will be prompted to register your credit and/or debit card information (“Your Cards”) into the relevant section of Your Flash Account page.
5.3 You may also register eligible payment methods accepted by Flash (“Your Payment Methods”) into the relevant section of Your Flash Account page.
5.4 You may be required to verify, to the satisfaction of Flash, that you control Your Cards and the bank accounts to which they are linked and/or Your Payment Methods that you register prior to using them for concluding transactions on the Flash App.
5.5 Flash may, at its sole discretion, restrict acceptable cards and/or payment methods to manage any associated risks.5.6 Your Cards and/or Your Payment Methods, once registered and verified in accordance with the terms and conditions of this Agreement, will automatically appear on Your Flash Account and may accordingly be used by you to make touch- free payments by using the Payment Services.
5.7 Flash does not directly process payments made by you using the Flash App and does not undertake the transfer of funds from or to your bank accounts. The Flash App’s role in a sale and purchase transaction is limited to transmitting payment instructions for payments which you authorize or initiate using Your Flash Account to the duly licensed entity responsible for the processing of payments.
5.8 Flash is not involved in nor is it a party to the actual sale and purchase transaction concluded between you and the relevant Eligible Seller. The contract for sale of any item/product and/or service provided by an Eligible Seller shall be a strictly bipartite contract concluded between you and the relevant Eligible Seller and Flash shall, in no event, be involved in said sale and purchase transactions. At no time shall any right, title or interest over any item/product, listed, offered or sold by an Eligible Seller, vest with Flash nor shall Flash have any obligations or liabilities in respect of such item, its condition, its compliance with the information/data posted by the Eligible Seller.
5.9 Flash does not pre-screen, review or guarantee the accuracy of listings, offerings, postings or content of an Eligible Seller and you shall be solely responsible for reviewing and ensuring the accuracy and genuineness of all information and data relating to the item(s)/product(s) and/or service(s) which you intend to buy from the relevant Eligible Seller.
5.10 Although you may be able to make payments for your purchases from Eligible Sellers using the Flash App, Flash does not have possession of or enjoy legal title to anything, of whatsoever nature, promoted, listed, offered, made available or sold by Eligible Sellers.
5.11 Flash will update Your Flash Account to reflect transactions and payments concluded using Your Cards and/or Your Payment Methods.
5.12 Flash may, at its sole discretion, delay, suspend or reject a transaction for any Flash account for any reason, including without limitation if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute or otherwise unusual.
5.13 By using and/or accessing the Flash App and the Service, you hereby acknowledge that:- Flash is not a bank.
- Flash does not offer banking services to its users and does not accept any monetary
or other deposits into accounts created on the Flash App.
- Flash does not, in any event, directly undertake any transfer of funds to or from
your or other users’ bank accounts.
- Flash may, in its sole discretion and without the need to obtain your approval
and/or consent, employee the services of one or more duly licensed third parties
for the purpose of offering the Service and processing your transactions.
- Flash is neither a broker nor an agent for any of the users accessing or using the
Flash App and the Service.
- Flash is neither a broker nor an agent for any of the Eligible Sellers.
- Flash does not guarantee that you will receive the goods and/or services for which
you have paid using the Flash App.
- Flash is not involved in and is not a party to any underlying sale and purchase
transactions which are concluded between you and any of the Eligible Sellers.
- Flash has no control over any element of transactions concluded between you and any of the Eligible Sellers and does not guarantee or make any representation or warranty as to the attributes (including but not limited to, existence, legality, safety, quality, worth or marketability) of the items/products and/or services proposed to be sold by the relevant Eligible Seller, the truth or accuracy of any Eligible Seller’s content, listings or feedback, the ability of Eligible Sellers to sell items/products
and/or services, or that an Eligible Seller will actually complete a transaction.
- Flash shall neither be responsible nor liable for issuing invoices on behalf of
- you are solely liable and responsible for ensuring that purchases made by you from
an Eligible Seller comply with applicable laws and regulations.
- Flash is not responsible for any non-performance or breach of any contract entered into between you and Eligible Sellers and does not transfer legal ownership of
items/products from an Eligible Seller to you.
- Flash is not responsible for unsatisfactory or delayed performance on the part of
any Eligible Seller, losses, damages or delays as a result of items/products which
- Flash excludes all implied warranties, terms and conditions and is not liable for any
loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Flash App.
- Flash is not required to mediate or resolve any dispute or disagreement arising between you and Eligible Sellers nor will it, in any event, become a party to such disputes.
- your use of and access to the Flash App and the Service is done at your own risk and cost and you are solely responsible for and must evaluate, and bear all risks associated with, your access to and use of the Flash App and the Service.6. Your Flash Account
6.1 Nature of Your Flash Account:
6.2 Features of Your Flash Account:
6.2.1 PersonalFlashaccountsareintendedforusebyindividualstopayfortheir bills, to pay for their purchases made from Eligible Sellers by using the Payment Services.
6.2.2 You may use Your Cards or Your Payment Methods registered in Your Flash Account to pay for goods, products and/or or services provided by Eligible Sellers.
6.2.3 YourFlashAccountmaynotbeusedtomakepaymentstoyourselforto top-up your bank accounts.
6.2.4 Your Flash Account may only by credited with amounts which you may receive in the form of cashback or rewards arising from your use of the Service and your invitation of new users to the Flash App.
6.2.5 Your Flash Account is not a wallet into which monetary amounts may be deposited by you.
6.2.6 Chargebacks/Returns:Youmaybeentitledtoreceiverefunds/chargebacks, to be credited directly to Your Card and/or Your Payment Method (as the case may be), for purchases paid for by you using Your Flash Account only in the event that the Eligible Seller has agreed to refund the relevant amounts to you in accordance with the Eligible Seller’s returns policy. For the avoidance of doubt, Flash shall not, in any event, be obligated to provide you with refunds in the event that the relevant Eligible Seller has refused to provide you with a refund.
7. Our Fees
7.2 Upon registering Your Cards and/or Your Payment Method(s) onto the Flash App in accordance with the provisions of this Customer Agreement, Flash shall, without the need for further notification, withdraw an amount equivalent to one (1) Egyptian Pound from Your Card and/or Your Payment Method (as the case may be) for the purpose of verifying the card/payment method in question. Yourregistration of Your Card(s) and/or Your Payment Method(s) onto the Flash App will constitute your express consent to the withdrawal set out under this Section (7.2). You expressly acknowledge and agree that amounts withdrawn by Flash in accordance with the provisions of this Section (7.2) shall not be refunded to Your Card and/or Your Payment Method (as the case may be).
8. User Representations and Warranties
By accepting this Agreement (including the linked information and policies herein), you represent and warrant the following:
- you are at least 18 years of age;
- you are fully able and competent to enter into the terms, conditions, obligations,
- the name identified by you when you registered onto the Flash App is your name;
- you will use the Service only to transact on your own behalf and not on behalf of
any other person or entity;
- you and all transactions concluded by you will comply with all laws and regulations
to which you are subject;
- you will at all times comply with all laws and regulations applicable to your use of
the Flash App and the Service;
- you will not use the Service for any fraudulent undertaking or in any manner so as
to interfere with the use of the Service;
- you have read, understood and agreed to be bound by the terms of this Agreement,
- you will not use the Flash App in violation of any applicable laws and regulations
or for the purpose of engaging in any illicit or illegal behavior;
- all data, information and documents provided by you to Flash are accurate, true,
complete and current and not misleading or deceitful in any way;
- if you present Flash with any information/data about any other person, including phone numbers, emails and ID numbers, you represent and warrant that you have obtained said person’s prior consent and that you are duly authorized to make such
disclosures to Flash;
- you acknowledge and accept that by paying any purchases for any Eligible Sellers using the Payment Services, We may share with the Eligible Sellers any of the following data: (i) your full name; (ii) your phone number; (iii) your payment amount; (iv) the time of your payment; and (v) your location at the time of payment; and
- temporarily or indefinitely suspend Your Flash Account;
- ban you from using or accessing the Flash App;
- place restrictions on Your Flash Account;
- suspend or reject a transaction concluded using Your Cards or Your Payment
- limit your access to the Flash App and the Service; and
- take such steps as it deems appropriate or necessary including taking legal
action against you.
9.3 Should Flash choose not to act with respect to a breach or violation by you or others, such inaction shall not be construed as a waiver of Flash’s right to act, in any manner which it deems fit, with respect to subsequent or similar breaches by you or others.
9.4 Flash may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, Flash reserve the right to refuse, modify, or terminate all or part of our Service to anyone for any reason at our discretion.
10. Amendments to this Agreement
You acknowledge and agree that Flash shall endeavor to give you notice for any amendment to this Agreement which materially increases your obligations or decreases your rights under the Agreement ("Substantial Amendment") in accordance with the terms of this Agreement. You acknowledge and agree that Flash at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific consent at any time with immediate effect by posting a notice of the amendment on the Flash App.
11. Governing Law
11.1 This Agreement and any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of the Arab Republic of Egypt.11.2 This Section, Governing Law, will survive any expiry, termination, or cancellation of this Agreement for whatever reason.
12. Dispute Resolution Forum
12.1 If any dispute, controversy or claim arises between you and Flash, we strongly recommend that you first contact Flash directly through the Flash Customer Support to reach an amicable resolution to the dispute. Flash Customer Service is available free of charge for every user to submit complaints and other inquiries.
12.2 In the event that the dispute is not amicably settled within 45 days from the date on which you contact the Flash Customer Support, the dispute shall be finally settled by the Cairo Economic Courts.
12.3 This clause, Dispute Resolution Forum, will survive any expiry, termination, or cancellation of this Agreement for whatever reason.
13. Limitation of Liability
13.1 Under no circumstances shall Flash, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential, or exemplary damages, losses, liabilities, costs, expenses (even if Flash has been advised of the possibility of such damages), resulting from or arising out of or in connection with:
- this Agreement;
- any aspect of any sale and purchase transaction or any such other transaction for
which you have paid using Your Flash Account;
- any delay by us in performing our obligations as set out under this Agreement;
- any aspect of your use of the Flash App or the Service, including without limitation
whether the damages arise from use or misuse of the Flash App or the Service, from inability to use the Flash App or the Service, or the interruption, suspension, modification, alteration, or termination of the Flash App or the Service;
- accessing or using the Flash App, including browsing, using, or relying on any content made available via the Flash App and the Service;
13.2 You hereby agree to release and indemnify Flash and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or
unauthorized access to or use of our servers and/or any and all personal
information stored therein; or
any bugs, viruses, trojan horses, or the like which may be transmitted to or through
the Flash App by any third party.
, or inaccuracies on the Flash App;
(s) and/or service(s) offered, sold, or made available by Eligibleother consequence (direct or indirect) of any of the actions of Eligible Sellers and/or other users of the Flash App and you specifically waive any claims that you may have in this behalf under any applicable law.
13.3 The Flash App may include links to third party websites that are controlled by and maintained by others and which are completely unrelated to Flash. If you link or access such third-party websites, you may become subject to the terms, conditions and policies of said third party websites. Flash cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites, their content or their services or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Flash is not responsible and shall under no circumstances be liable for the content or availability of any such sites.
14. Disclaimer of Warranties
14.1 You expressly acknowledge and agree that: -
available by any Eligible Seller. -
your access to and use of the Flash App and the Service provided thereby is entirely
at your own risk and cost.
your conclusion of sale and purchase transactions and all payments made by you
to Eligible Sellers are entirely at your own risk and cost and that Flash does
not implicitly or explicitly support or endorse items, products and/or services made
the Flash App and the Service are provided on an "As Is" or "As Available" basis,
, warranties, endorsements or guarantees, express or
implied, of any kind.
you are solely and wholly responsible for ensuring that the item you are purchasing from an Eligible Seller is, amongst other things, (a) fit for the particular purpose for which you are purchasing it, (b) safe for use, (c) compliant with the data/information provided by the relevant Eligible Seller, (d) not defective, and (e)
supplied in compliance with applicable laws and regulations.
Flash is not a supplier, producer, manufacture or distributor of any of the items and/or services provided by Eligible Sellers and will not, in any event, be a party
to any transaction concluded between you and an Eligible Seller.
To the fullest extent permitted by law, Flash, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Flash App,
the Service and your use thereof.
14.3 Flash makes no representations or warranties that the operation of the Flash App will be error free and/or uninterrupted. Flash makes no warranty that defects willbe corrected or that the Flash App or its servers are free of viruses or anything else which may be harmful or destructive.
15. Flash Customer Support and Feedback Guidelines
15.1 Flash Customer Service is available free of charge for every user of the Flash App to submit complaints and other inquiries.
16.2 You agree to indemnify and hold Flash harmless for any improper, unauthorised or illegal use of Your Flash Account, the Service or otherwise by using Your Credentials, whether or not you authorised such access.
16.3 This clause, Indemnity, will survive any modification, expiry, termination, or cancellation of this Agreement for whatever reason.
During the term of this Agreement, you may use the Service and the Flash App only for your internal purposes, in accordance with and in accordance with the terms and conditions of this Agreement and solely to the extent necessary for your permitted use of the Service.
18. Intellectual Property Rights, Patents and Trademarks
18.1 Flash, including but not limited to, its name, business model, technology, services, text, graphics, designs, logos, marks, button icons, images, audio clips, digital downloads, source codes, data compilations and software, is protected by copyright, trademark and other intellectual property rights available under the laws of the Arab Republic of Egypt. We (and parties receiving licenses from us, ifapplicable) own all rights and interests in Flash and the Flash, including all intellectual property rights related thereto.
18.2 This Agreement and the licenses granted thereby do not and in any manner whatsoever shall not be deemed as a grant of any license to you to use our intellectual property rights as set out above.
18.3 You shall not:
- infringe the copyright, trademark, patent, database, and/or other intellectual property rights which belong to or are licensed to Flash;
- violate any laws, regulations or government-issued decisions governing the protection of intellectual property rights;
- copy, modify, adapt, translate, make derivative works from, distribute, give a license, sell, transfer, publicly display, reproduce, transmit, move, broadcast, decompile or disassemble any part of the Flash App;
- decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Flash App or the Service; or
- publish, distribute or reproduce in any way material that is protected by copyright, trademark or other information that we hold without obtaining prior approval from us.
18.4 Flash may, at its sole discretion and without prejudice to other remedies available to Flash at law, temporarily or indefinitely suspend Your Flash Account and/or suspend or cancel your access to the Flash App, in the event that Flash determines that you have engaged in activities which are in violation of the provisions of this Section [Intellectual Property Rights, Patents and Trademarks]. Any failure by Flash to act with respect to a breach or violation by you or others shall not be construed as a waiver of Flash’s right to act, in any manner which it deems fit, with respect to subsequent or similar breaches by you or others.
19. Term and Termination
19.1 Unless otherwise agreed in writing by you, you may terminate this Agreement by closing Your Flash Account at any time and suspending your use of the Service. You may not, under any circumstances, close Your Flash Account as a means of evading any obligations, of whatever nature, for which you may be liable in accordance with the terms and conditions of this Agreement.
19.2 Flash may suspend this Agreement or terminate this Agreement and close or suspend Your Flash Account for any reason at any time upon notice to you.
19.3 Flash will not be liable to you for compensation, reimbursement, or damages of any kind in connection with any termination or suspension of the Service or the closeror suspension of Your Flash Account. Upon termination of this Agreement for any reason: (a) we may elect to cancel any pending transactions, and (b) you will remain liable for all payment obligations, if any, that have been incurred up to the date of termination and/or suspension.
20. General Provisions
20.1 You are solely responsible for determining any and all taxes and duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of the Flash App, the purchase of any products or services from an Eligible Seller, or otherwise in connection with any action, inaction, or omission by you ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority.
20.3 Headings under this Agreement are for reference purposes only and do not limit the scope or extent of the relevant Section of this Agreement.
20.4 You may not transfer or assign this Agreement, or any rights or licenses granted to you hereunder. Any assignment or transfer by you shall be null and void and shall in no event be binding on Flash.
20.5 Flash may, without restriction and without the need to notify you, transfer any of its rights or obligations as set out under this Agreement.
20.6 Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you and Flash. Furthermore, (a) neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement, (b) neither party is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party, and (c) without limiting the generality of the foregoing, neither party will enter into any contract, agreement, or other commitment, make any warranty or guarantee, or incur any obligation or liability in the name or otherwise on behalf of the other party.20.7 If any Section or sub-section of this Agreement shall be deemed invalid, void, illegal, or for any reason unenforceable, such Section or sub-section shall be deemed severable and shall not affect the validity and enforceability of the remaining Sections or sub-sections of this Agreement.
20.9 No person who is not a party to this Agreement shall have any right to enforce any term of this Agreement.