Flash Vendor Standard Terms and Conditions
1. Introduction
1.1 These terms and conditions govern your relationship with Flash.
1.2 Please take special note of the paragraphs printed in bold as they may limit our responsibility or involve some risk for you.
2. How to interpret these terms and conditions
2.1 In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:
2.1.1 Access PIN means the 4-digit numeric number that you choose to access the Flash System and your Prepayment - it operates as a security and authentication measure;
2.1.2 Flash machine means the machine that forms part of the Flash System;
2.1.3 Flash/us/we/our means Flash Mobile Vending (Pty) Ltd, a private company with main place of business at 36 Stellenberg Road, Parow Industria;
2.1.4 Flash System means the Flash hardware and software which enables you to communicate with us;
2.1.5 Prepayment means an advance payment of an amount of money by you which is reflected against your name in the Flash account management system (using your phone number as unique identifier). A prepayment refers to the topping up of your Flash machine with Flash balance;
2.1.6 RICA Act means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002;
2.1.7 Transactions means the different transactions or activities that can be performed by you via the Flash System, whether as principal or in your capacity as agent for Flash and includes the vending and distribution of products, bill payments, transfer or prepayment and RICA activities;
2.1.8 Quick Start Guide means the manual which explains how to operate the Flash System, as updated from time to time;
2.1.9 You means the user of the Flash System;
2.2 Reference to:
2.2.1 one gender includes all the genders;
2.2.2 the singular form of a word includes the plural;
2.2.3 the plural form of a word includes the singular;
2.2.4 a law or regulation is a reference to that law or regulation as amended from time to time.
3. Registration
3.1 Please follow the steps as set out in the Quick Start Guide to register with us and to keep your Flash machine activated.
3.2 When you register, you accept these terms and conditions.
3.3 Our distribution partner will verify, record and store your identity and other details against the Flash machine SIM card as required by the RICA Act.
4. Transacting using the Flash System
4.1 You must make a prepayment to us before you will be able to perform transactions. A prepayment refers to the topping up your Flash machine with Flash balance.
4.2 The different types of transactions that can be performed will be specified in the Quick Start Guide and is subject to change from time to time.
4.3 The Quick Start Guide explains how to operate on the Flash System and is regularly updated. A Quick Start Guide will be provided to you together with the Flash machine and the latest Quick Start Guide will always be available on our website.
4.4 The prepayment or any balance thereof can in no instance be redeemed for cash or by way of a deposit into a bank account and can only be used to perform transactions.
4.5 Prepayment can be done as explained in the Quick Start Guide or as notified to you from time to time.
4.6 You must ensure that you have enough prepayment to cover the amount of the transaction, where applicable.
4.7 Your prepayment will immediately be reduced with the amount of each transaction, where applicable.
4.8 To access the Flash System, you will need Flash hardware and software. You authorise us to carry out any and all transactions which are authenticated by your access PIN.
4.9 The machine uses cellphone networks to communicate to the Flash System:
4.9.1 There may be a cost involved in this communication and you are responsible for this cost.
4.9.2 We cannot guarantee reception of cellphone networks in the area where you want to operate, and Flash will not be liable for any damages or loss in this regard.
4.9.3 You acknowledge that information transmitted through the cellphone networks is susceptible to interception, unlawful access, distortion and monitoring and that you use the Flash System at your own risk.
4.9.4 If the cellphone network that your machine is using to communicate to the Flash System is not operating for any reason, you will not be able to perform transactions and Flash will not be liable for any damages or loss in this regard.
4.10 In our own discretion we may allow you to perform a Transaction without sufficient Prepayment from time to time without prejudice to our right in any subsequent Transaction to deny such Transaction where sufficient Prepayment does not exist.
4.11 You will be entitled to such fees, commissions and discounts as may be applicable to Transactions from time to time. These amounts will be used to increase your prepayment and cannot be redeemed for cash.
4.12 In all instances where we appoint you as our agent, you must act strictly within our mandate which will be detailed in the Quick Start Guide and RICA Document and/or communicated to you via the Flash System.
4.13 No reversal of a voucher or instruction is permitted once a voucher is requested by you or an instruction is given to us.
4.14 You may not charge any additional fees, costs or commissions to what is indicated on the Flash System.
5. Regulatory requirements
5.1 You must at all times comply with applicable laws, including the RICA Act and indemnifies Flash against any loss or liability it may suffer as a result of non-compliance by you.
5.2 Electricity: The ability to distribute electricity vouchers are area specific and may not be available in your area. There are specific requirements applicable to the distribution of electricity vouchers which are specified in the RICA Document and you must comply with these rules.
6. Starter packs
6.1 By selling or distributing Flash starter packs to you, we appoint you to sell starter packs to end-users only, unless specifically authorised otherwise by Flash in writing. This appointment can be revoked at any time.
6.2 You must act in strict accordance with the instructions and directions provided and standards set by Flash from time to time.
6.3 You will be entitled to such fees, commissions or discounts as communicated to you and which is subject to change from time to time.
7. RICA
7.1 If you sell Flash starter packs, you must comply with the RICA Act.
7.2 The requirements of the RICA Act are set out in the RICA Document and you agree to comply with these requirements that customers need to show their green ID book or passport accompanied by proof of residence.
7.3 You agree that you will sell starter packs only to end-users, unless specifically authorised otherwise by Flash in writing.
7.4 The Flash machine provides you with a communication link to send an end user's RICA data and the relevant SIM card number to us or a cellular network.
7.5 The Flash machine enables you to RICA only Flash starter packs and we do not appoint you as our agent to RICA any other starter packs than Flash stock.
7.6 You may only use the Flash machine and you may not use any other device or solution to RICA Flash starter packs.
7.7 We may require you to provide us with such documents and information pertaining to you as set out in the (‘RICA Document’) before we activate the RICA capability of your Flash machine.
7.8 You may not allow anyone else to use your Flash machine and access code to RICA an end-user.
7.9 Flash reserves the right to terminate or suspend the RICA capability of the Flash machine immediately if:
7.9.1 You fail to comply with the provisions of the RICA Act, the RICA Document and/or these terms and conditions;
7.9.2 You fail to RICA for a continuous period of 4 months.
8. Security
8.1 You understand that the use of the Flash System with the access PIN allows access to your Prepayment.
8.2 You must make sure that you keep the machine and access PIN secret and secure and do not compromise any safety measures.
8.3 If another person gets hold of your access PIN by whatever means, we will regard you as having authorised this person to access your prepayment on your behalf, as your agent with full authority to do so.
8.4 You must notify us immediately if you have reason to think that someone else obtained your access PIN or if your Flash machine/SIM card is lost. Any losses or costs incurred prior to notification will be for your account.
8.5 If the SIM card in your Flash machine is lost, stolen or damaged you must inform the South African PoliceService in writing.
9. Changes
9.1 We are entitled to change the type of transactions that can be performed via the Flash System, amend any feature or benefit as well as the fees, discounts, commissions and costs relating to the transactions from time to time by giving you reasonable prior notice of any such change.
9.2 We are further entitled to change these terms and conditions and the Quick Start Guide from time to time. The latest version will always be available at www.flash.co.za or available from us upon request. It is your responsibility to keep up to date and comply with the latest version of these documents.
9.3 Your continued use of the Flash System means that you have accepted such changes.
10. Intellectual property
10.1 Intellectual property rights of Flash shall remain the sole property of Flash and you will not vest any right, title or interest in the software contained in the Flash System.
10.2 You may not tamper with, damage, misuse, modify, reverse engineer or decompile any hardware and/or software of the Flash System.
10.3 You must ensure that such promotional or advertising material as may be provided by Flash from time to time to you, is always displayed in accordance with the directions and requirements of Flash.
10.4 You must ensure that any promotional or advertising material or collateral relating to cellular networks which you wish to design and/or produce and/or use, shall be approved of by Flash prior to publication and circulation.
10.5 You may not use the Flash trademarks, trade names, logo's or any derivative or component thereof without prior approval of Flash.
11. Your personal information
11.1 You consent to:
11.1.1 the processing of your personal information by us and other companies in the Pepkor group, any of its operators, commercial partners, agents and sub-contractors (who may be outside South Africa) on the condition that they will keep such information confidential;
11.1.2 The collection of your personal information from any other source to supplement the personal information which we have about you;
11.1.3 The retention by us of your personal information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;
11.1.4 Us using your personal information to send you information about products, services, and special offers of the various companies in the Pepkor group and commercial partners that may be of interest or value to you;
11.1.5 Us conducting a credit enquiry about you with any credit bureau or credit provider and providing your personal information, including the manner in which you conduct your account, to:
11.1.5.1 Credit risk management services (including credit bureaux); and/or
11.1.5.2 Crime prevention agencies.
11.2 Subject to applicable law, you may access the personal information Flash has about you by contacting our call centre and request that applicable corrections be made.
12. Confidentiality
12.1 All information identified by Flash as confidential or which, you should reasonably identify as confidential, including business, commercial (discounts etc), end-user, scientific or technical information, as well as any price list whether current or not, received by or made available to you pursuant to your relationship with Flash, shall be regarded by you as confidential and shall be treated accordingly and not be disclosed to third parties, or used for any purpose other than that for which it was disclosed, without the prior written consent of Flash.
12.2 In particular, you shall not directly or indirectly communicate any information regarding or relating to an end-user to any third party other than in the compliance with the obligations of these terms and conditions or as may be required in law, from time to time.
12.3 The provisions of this clause 12 shall survive any termination of our relationship with you.
13. Termination and suspension
13.1 We are entitled to cancel, terminate or suspend your use of the Flash System in respect of all transactions or selected types of transactions immediately, or any combination of these actions, as may be permissible in law, without prejudice to any of our other rights (that is, without barring or limiting any future action), if:
13.1.1 We have reason to believe that the Flash System has been or is likely to be misused;
13.1.2 Suspect any illegal use of the Flash System and/or its functionalities;
13.1.3 You gave false or inaccurate information;
13.1.4 You fail and/or refuse to follow our User Guide, Quick Start Guide or RICA Document or other instructions;
13.1.5 You are in breach of these terms and conditions or the provisions of any other agreement between us;
13.1.6 Law forces us;
13.1.7 If we need to protect our interest; or
13.1.8 If we have reason to believe that your conduct may result in adverse outcomes for any policy holders who pay their insurance premiums via the Flash System
13.2 We reserve the right to terminate or suspend your access to the Flash System upon notice, without any liability to you or any third party.
13.3 You may also terminate your relationship with us with immediate effect upon notice to us. Upon termination you will not be entitled to redeem your prepayment or any balance thereof in cash but will be allowed to purchase airtime until the prepayment is depleted.
14. Limitation of liability & indemnity
14.1 We will not be liable to you if we cannot carry out our responsibilities under these terms and conditions as a result of anything that we cannot reasonably control. This includes, but is not limited to, any technical problems relating to cellular networks.
14.2 We will not in any circumstances be liable for any consequential or indirect losses however these may arise or for any other unusual losses. In particular, Flash shall not be liable for any financial loss, loss of business, profit, savings, revenue, or goodwill suffered or sustained by you howsoever arising.
14.3 We will not be liable for any claims, loss or damage resulting from claims that products or services are defective where we act as agent for the supplier thereof.
14.4 You indemnify Flash against any loss suffered by it, whether direct or consequential, or claims instituted against Flash by virtue of your use of the Flash System.
15. General
15.1 You are not, without the consent of Flash, entitled to cede, delegate or sub-license all or any of its rights and/or obligations in terms of your contractual relationship with Flash to any third party. Flash shall not be bound by such a provision and you hereby expressly consent to any such cession and/or delegation of rights and/or obligations by Flash.
15.2 No indulgence, leniency or extension of time which Flash may grant or show to you shall in any way prejudice Flash or preclude Flash from exercising any of its rights in the future.
15.3 No contract varying, adding to, deleting from or cancelling this product schedule, and no waiver of any right, shall be effective unless reduced to writing and signed by Flash.
15.4 Flash shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or in the RICA Document.
16. TymeBank Pay Out Terms
16.1 The TymeBank Pay Out terms set out here ("Pay Out Services Agreement") are hereby incorporated into these terms and conditions by reference. By accepting these terms and conditions, you acknowledge that you have reviewed and agreed to the Pay Out Services Agreement.
17. Flash Advance Agreement - Terms and Conditions
TERMS AND CONDITIONS OF THE DISCOUNT BARTERING AGREEMENT ALSO KNOWN AS THE FLASH ADVANCE AGREEMENT
1. INTERPRETATION
In this Agreement:
1.1 clause headings are for convenience and will not be used in its interpretation;
1.2 unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other genders, a natural person includes an artificial person and the other way around, the singular includes the plural and the other way around;
1.3 the following expressions will bear the meanings assigned to them below and cognate expressions will bear corresponding meanings:
1.3.1 “Acceptance Date” means the date on which this Agreement is accepted by You by clicking “Confirm” or “OK”, or following any other affirmation prompt in the App and therefore accepting the terms associated with the Flash Advance;
1.3.2 “Agreement” means any in-App completed and accepted fields, these Terms and Conditions including the Flash Trader App and/or Standard Terms and Conditions found at https://flash.co.za/legal/terms-conditions/ and all annexures, addenda and amendments thereto or hereto from time to time;
1.3.3 “App” means the Flash trader application for your Device;
1.3.4 "Bartered Value" means the amount designated as such in the relevant in-App completed and accepted fields, which is the amount of Your Future Receivables, which it has traded with Flash in exchange for the Flash Advance;
1.3.5 “Device” means the mobile device you use to access the App;
1.3.6 “Flash/us/we/our” means Flash Mobile Vending (Pty) Ltd, a private company with registered address at 36 Stellenberg Road, Parow Industria;
1.3.7 "Flash Advance" means the amount designated as such in the in-App acceptance fields, which is the amount that Flash will transfer to Your Flash Balance in exchange for the Bartered Value;
1.3.8 “Flash Balance” means Your virtual trading balance as reflected on the Flash System;
1.3.9 “Flash System” means the application programming interface and in general terms, is a set of clearly defined methods or communication protocols, computer systems, devices and communications infrastructure provided by Flash to communicate with the Flash Device or user Device in order to facilitate purchase of Products by customers by, among other things, accounting for the Your Flash Balance;
1.3.10 “Future Receivables" means the proceeds of sales by Your customers after the Acceptance Date, arising from payments by Your customers;
1.3.11 “Processing Fee" means the fee which may be charged by Flash for the processing, preparation and completion of documents, and the liaison and interaction with third parties as a result of the Flash Advance;
1.3.12 "Products" means the products provided to You / Your customers by means of the Flash System;
1.3.13 “Termination Date” means the date on which the full Bartered Value and, if relevant, Processing Fee have been paid to Flash by You;
1.3.14 "Termination Event" means any one or more of the events or circumstances described as a termination event as set out in clause 6 below;
1.3.15 "Top Up/s” means the increase in the Flash Balance which can be effected, inter alia, by the redemption of vouchers, EFT, safe deposits or card payments;
1.3.16 “Top Up Retention Value” means the value which Flash will deduct from Top Ups made by You on the Flash System, in order to satisfy any amounts owed to it in terms of this Agreement;
1.3.17 “You/Your” means the person who registered for the App and is making use of the Flash Advance function in the App;
1.4 if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, then notwithstanding that it is only in this interpretation clause, effect will be given to it as a substantive provision forming part of this Agreement;
1.5 when any number of days is prescribed such number will exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday
in the Republic of South Africa, in which case the last day will be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa.
2. SUMMARY AND COMMENCEMENT
2.1 By accepting the terms of this Agreement and/or making use of the Flash Advance functionality in the App, Flash offers to trade with You, against transfer of the Flash Advance into Your Flash Balance, its full right, title and interest in and to the Bartered Value on the terms and conditions as set out herein below.
2.2 You, as agent on behalf of Flash, will take receipt of the full amount of the Future Receivables and transfer to Flash the Top Up Retention Value every time You make a Top Up into the Flash System until such time as the entire Bartered Value together with any relevant Processing Fee has been transferred to Flash.
2.3 The Agreement will commence on Acceptance Date and Terminate on the Termination Date.
3. TRADE AND BARTER
3.1 Upon the You accepting Flash's offer to trade in Your Future Receivables by accepting the terms of this Agreement and/or making use of the Flash Advance functionality in the App, a binding agreement between the Parties has come into existence, subject to the terms and conditions contained in this Agreement.
3.2 You hereby trade and Flash accepts the Bartered Value in exchange for the transfer of the Flash Advance by Flash to the Flash Balance.
3.3 Upon transfer of the Flash Advance to Your Flash Balance, Flash will own the right, title and interest in and to the Bartered Value, without the need for any other act of transfer.
3.4 The Flash Advance transferred by Flash is in exchanged for the Bartered Value and is not a loan from Flash to You.
3.5 You acknowledge that the full right, title and interest to the Bartered Value is being ceded by You to Flash. 3.6 After the cession referred to in clause 3.5, You will take receipt of the full amount of the Future Receivables as agent for and on behalf of Flash.
3.7 You will transfer the Future Receivables to Flash by either:
3.7.1 paying the Top Up Retention Value to Flash every time You Top Up; until such time as the entire Bartered Value together with any relevant Processing Fee have been paid to Flash; or
3.7.2 by Flash deducting the Bartered Value from Your Flash Balance at the end of the period agreed to in-App.
3.8 In the event that any of the Future Receivables are for any reason reversed, Flash will not repay You the amount so reversed (or any portion thereof) but may rather take the reversal into account when evaluating any adjustment of the Top Up Retention Value.
4. WARRANTIES, UNDERTAKINGS REPRESENTATIONS
4.1 When entering into this Agreement and on the Acceptance Date, You make the following representations and warranties to Flash:
4.1.1 You are a juristic person whose asset value or annual turnover equals or exceeds R1 000 000 (one million rand);
4.1.2 You have not entered into any invoice financing agreement in terms of which You have sold, factored, bartered or discounted Your existing or future invoices or the Future Receivables;
4.1.3 the person accepting the terms of this Agreement has the legal capacity and has taken all necessary steps and corporate action required to empower and authorise You to enter into and implement this Agreement on the terms and conditions set out in this Agreement;
4.1.4 this Agreement constitutes an agreement valid and binding on You and is enforceable against You in accordance with its terms.
4.2 You acknowledge that the provisions of clause 4.1 is of fundamental importance to Flash and go to the root of this Agreement and any breach thereof would constitute a material breach of this Agreement.
4.3 You undertake that during the currency of this Agreement, You will at all times:
4.3.1 conduct Your business in a manner consistent with Your past business practices, and not voluntarily cease operation of Your business;
4.3.2 not sell, dispose, convey or transfer its business or assets to any person, unless that person first agrees in writing to assume all of Your obligations under this Agreement, and Flash agrees in writing to such person assuming Your obligations;
4.3.3 not change Your place/s of business from the business address recorded on the Flash System, unless such update is amended on the Flash System;
4.3.4 not do (or fail to do, as the case may be) anything to avoid complying with any of Your obligations contained in this Agreement;
4.3.5 provide Flash with such further information regarding the Your financial condition and business operations which is required to maintain the accuracy of the information held by Flash, or as Flash may reasonably request from time to time; and
4.3.6 promptly notify Flash of the happening of any Termination Event.
4.4 Each of the warranties and representations made by You in this clause 4 is:
4.4.1 a separate warranty and is in no way limited or restricted by inference from the terms of any other warranty; and
4.4.2 is deemed to be a material representation inducing Flash to enter into this Agreement.
5. DEFAULT AND TERMINATION
5.1 A Termination Event will occur if:
5.1.1 You breach any term of this Agreement, including but not limited to, the breach of any of the warranties and fails to rectify such breach within 5 (five) days of receipt of written notice from Flash requiring You to do so;
5.1.2 Flash does not receive payment of a Top Up Retention Value for a consecutive period of 7 (seven) days or full payment of the Bartered Value on the date agreed to in-App;
5.1.3 an order is made by any court of competent jurisdiction, whether provisional or final, for Your winding up or sequestration (as the case may be);
5.1.4 You pass a resolution for the voluntary winding up of Your business;
5.1.5 You cease to carry on business, disposes of its business, changes the fundamental nature of Your business or disposes of the major portion of Your assets other than for value;
5.1.6 You assign Your rights under this Agreement to any third party without Flash's prior written consent;
5.1.7 Your compromise generally with Your creditors or merges with a third party;
5.1.8 You apply for, or enter into the process of business rescue as contemplated in the Companies Act 71 of 2008;
5.1.9 You conduct and operate Your business in a manner which Flash, in its sole and absolute discretion, considers to be imprudent and/or irresponsible.
5.2 Upon the occurrence of a Termination Event or at any time thereafter whilst the Termination Event is continuing, Flash will be entitled but not obliged, without prejudice to any other rights it may have in terms of this Agreement or at law, by written notice to You, to cancel this Agreement and claim from You, as liquidated damages, the full amount which Flash would have received (being the Bartered Value less any payments made by You) had the Termination Event not occurred.
5.3 Notwithstanding any termination by Flash of this Agreement, You will indemnify and hold Flash harmless from and against all liabilities, losses, costs or expenses, including but not limited to legal costs, that Flash may suffer, incur or sustain arising out of:
5.3.1 the happening of any Termination Event;
5.3.2 any cancellation of this Agreement;
5.3.3 a breach by You of Your representations, warranties, or any of the terms of this Agreement and/or;
5.3.4 the protection and enforcement by Flash of its rights and remedies under, and in respect of, this Agreement.
6. CERTIFICATE OF INDEBTEDNESS
6.1 A certificate issued under the signature of Flash (or its duly authorised agent) that serves to certify the balance of the Bartered Value still to be paid to Flash including any further Bartered Value(s) by You as agent, that such amount is due to be paid
and as to any other fact, matter or thing related to the bartering of Your Future Receivables by Flash in exchange for Flash Advance in terms of this Agreement, will be accepted as prima facie (that is, face value) proof of the contents and correctness of such certificate Furthermore:
6.1.1 it will not be necessary to prove the appointment or signature of the person signing any such certificate;
6.1.2 the certificate will be sufficient for Flash for the purposes of summary judgment, default judgment, provisional sentence, or any other proceedings, will be valid as a liquid document for such purposes and will, in addition, be prima facie (that is, face value) proof for purposes of pleading or trial in any proceedings instituted by Flash arising from this Agreement; and
6.1.3 You accept that, in order to defend any such proceedings by Flash, it will be necessary for You to prove that the amount on the certificate is not the amount that is owed by You.
7. DATA PERMISSIONS AND CONSENTS
7.1 By entering into this Agreement, You confirm, acknowledge and agree that Flash may use Your particulars as contained in this Agreement or any transaction concluded under it, or any entry, account or other information held by Flash (which may include personal information about Your directors, officers, shareholders, members or other individuals) for the purposes of:
7.1.1 monitoring the operation of and performance of obligations in terms of this Agreement;
7.1.2 assessing financial risks;
7.1.3 fraud prevention and preventing and detecting crime (including money laundering);
7.1.4 tracing and tracking;
7.1.5 insurance;
7.1.6 training.
7.2 You furthermore agrees that Flash may disclose any of Your details in respect of this Agreement to:
7.2.1 any credit reference agency or credit bureau (who may make records of searches and enquiries which may be used by others for lending, credit or purchasing decisions concerning You or any related parties);
7.2.2 any trade register;
7.2.3 any party which is engaged in Flash's business or who is acting on Flash's behalf; or
7.2.4 any other party where Flash is required or permitted to do so by law.
7.3 Flash will furthermore be entitled to:
7.3.1 transmit the details set out in this application (or any other information relating to You that is held by Flash) to jurisdictions other than South Africa, which jurisdictions may not have data protection laws equivalent to those in South Africa; and
7.3.2 monitor and/or record telephone calls made by You to Flash, or by Flash to You.
8. UNDERTAKINGS
8.1 By entering into this Agreement, You:
8.1.1 accept and agree to be bound by all the terms and conditions of this Agreement;
8.1.2 declare that all of the information that has been provided by You is true and correct in all respects, and is not misleading or deceptive in any way; and
8.1.3 acknowledges that it has received, read and carefully considered the terms of this Agreement.
9. GENERAL
9.1 This Agreement, together with any annexures and amendments thereto, constitute the sole record of the Agreement between the Parties in regard to the subject matter thereof.
9.2 No indulgence, leniency or extension of time which Flash may grant or show to You shall in any way prejudice Flash or preclude Flash from exercising any of its rights in the future.
9.3 You may not change any of these terms and conditions contained herein.
9.4 No waiver of any right of Flash, shall be effective unless reduced to writing and signed by Flash.
9.5 Flash shall not be bound by any representation, express or implied term, warranty, promise or the like not recorded in this Agreement.
9.6 The rule of interpretation that, in the case of uncertainty, an agreement will be interpreted against the party who drafted it, will not apply to this Agreement.
9.7 Flash is entitled to unilaterally change this Agreement and Your continued use of the App and/or the Flash Advance function means that you have accepted such changes.
