Terms and Conditions
1Agreement to Terms
1.1 Acceptance of Terms
Welcome to Flashkart Pvt. Ltd. ("Flashkart", "we", "our", "us"). These Terms and Conditions ("Terms", "Agreement") govern your access to and use of our omni-channel messaging services across WhatsApp Business, Facebook Messenger, and Instagram Direct Messages (collectively, the "Services").
By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.
1.2 Eligibility
To use our Services, you must:
- Be at least 16 years of age (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Services under applicable laws
- Comply with all local, state, national, and international laws and regulations
1.3 Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective when:
- Posted on our website with an updated "Last Updated" date
- Notified to active users via messaging platforms (for material changes)
- Published with reasonable notice period (minimum 30 days for significant changes)
Continued use of Services after changes constitutes acceptance of modified Terms.
1.4 Additional Terms
Your use of specific platforms is also governed by:
- WhatsApp: WhatsApp Terms of Service and Business Policy
- Facebook Messenger: Facebook Terms of Service and Messenger Platform Terms
- Instagram: Instagram Terms of Use and Community Guidelines
- Flashkart: Our Privacy Policy (incorporated by reference)
In case of conflict between these Terms and platform-specific terms, the more restrictive provision applies.
2Description of Services
Service Overview
- Customer support and service inquiries
- Order management and transactional notifications
- Product information and recommendations
- Account management and updates
- Two-way communication with businesses
- Automated and human-assisted responses
Service Availability
- Uptime: We strive for 99.5% uptime (excluding scheduled maintenance)
- Maintenance: Planned maintenance announced 48 hours in advance
- Geographic: Available globally where platforms operate
Supported Platforms
- Business-to-customer messaging
- Order confirmations
- Customer service
- Page messaging
- Automated chatbots
- Product browsing
- Business messaging
- Story replies
- Customer support
3User Accounts
3.1 Account Creation
You must have valid accounts on WhatsApp, Facebook, or Instagram. You must provide accurate information and are responsible for account security.
3.2 Security Best Practices
- Use strong, unique passwords
- Enable two-factor authentication
- Do not share account access
- Report suspicious activity to security@flashkart.app
3.4 Termination
We may suspend or terminate access if you violate these Terms, engage in fraud, or abuse the Services. You may stop using Services at any time.
4Acceptable Use Policy
Permitted Uses
- Communicate for legitimate purposes
- Request customer support
- Receive order updates
- Provide feedback
Prohibited Activities
- Illegal or fraudulent activities
- Harassment or abusive behavior
- Spam or unsolicited messages
- Technical abuse (hacking, bots)
- Sharing explicit or malicious content
5Messaging & Communication
Consent & Opt-In
You must explicitly opt-in to receive marketing messages. Transactional messages (orders, security) do not require separate opt-in.
Opt-Out
Reply "STOP", "UNSUBSCRIBE" or "OPT-OUT" to any message. We process requests within 24 hours.
Message Frequency
Transactional: As needed. Marketing: Max [X] per week. High volume during sales/promotions.
Delivery & Response
We do not guarantee delivery (dependent on platforms). We strive to respond to inquiries within [X] business hours.
6. Platform-Specific Terms
WhatsApp: Subject to WhatsApp Business Policy. 24-hour service window applies.
Messenger: Subject to Facebook Platform Terms. 7-day standard messaging window.
Instagram: Subject to Instagram Terms of Use and Community Guidelines.
We comply with platform policies, and you must maintain your accounts in good standing.
7. Intellectual Property
Ours: We own all rights to our Services, branding, and technology. You have a limited license to use them.
Yours: You retain ownership of your content but grant us a license to use it to provide Services.
8. Payment & Fees
Basic messaging is free. Premium services (if added) will have clear pricing. You are responsible for taxes and data charges.
9-12. Liability & Indemnification
Warranties: Services provided "AS IS" without warranties of any kind.
Limitation of Liability: We are not liable for indirect damages or platform outages. Direct damages limited to amount paid or $100.
Indemnification: You agree to indemnify Flashkart against claims arising from your use of Services or violation of Terms.
13-14. Dispute Resolution & Governing Law
Disputes: Informal resolution first. Binding arbitration if unresolved (unless opted out). No class actions.
Governing Law: Laws of Nepal (or your jurisdiction). Exclusive jurisdiction in Nepal courts.
Contact Us
If you have any questions about these Terms, please contact our Legal Department.