Welcome to https://flocco.co/. This Website is owned and operated by FLOCCO IN PVT. LTD., having its registered office at 948, Level, 3, 12th Main Rd, HAL 2nd Stage, Appareddipalya, Indiranagar, Bengaluru, Karnataka 560008. By using Flocco services as assigned by the Local Kirana Store, you are agreeing to be bound by our terms and conditions.

This electronic record is generated by a computer system and does not require any physical or digital signatures. Please ensure that you read and understand all the provisions of this document before you start using the https://flocco.co/, as you shall be bound by all the terms and conditions herein mentioned in this electronic contract. If you do not agree or accept any of the Terms and Conditions contained herein, then please do not use the https://flocco.co/ (hereinafter referred to as “Flocco”, “We”, “Us”, “Site” or “Website”) or avail any of the services being provided therein.

By facilitating delivery service of the grocery products ordered from Local Kirana Stores using Flocco, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement with Bike Riders'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy link of this Website for more information).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

If this document is not in a language that you understand, you shall contact Flocco at the email info@flocco.co. Failure to do so within 24 (Twenty-Four) hours from the time of receipt of this document and your continued use of the website after that shall be considered as your understanding of this document.

1. Flocco’s Service Overview

1.1. Flocco is an online platform where customers/household can find grocery products/items from Local Kirana Stores that suit their preferences. Listings of Local Kirana Stores at Flocco encompass diverse options, from various Kirana Stores choices to unique experiences.

1.2. Flocco is not and cannot be a party to any transaction between you and the Local Kirana Store, or have any control, involvement or influence over the products purchased by you from such Local Kirana Store or the prices of such products charged by such Local Kirana Store. Flocco therefore disclaims all warranties and liabilities associated with any products offered on its platform.

1.3. Flocco’s focus is on promoting conscious consumption that benefits everyone, including the environment, by transforming the inefficient traditional e-commerce model through our cutting-edge technology.

1.4. Flocco is on a mission to bring back the trust of traditional Kirana Store and create a self-sustaining community by providing simple, innovative business solutions for Kirana Stores and a modern, convenient shopping experience for customers/households.

2. Relationship of the Parties

2.1. The Bike Rider is an independent contractor engaged with the Local Kirana Store and this Bike Rider’s Terms of Use is a principal-to-principal contract. It shall not create any partnership, joint venture, employment, agency, franchise, sales representative or any vicarious and absolute liability relationship between the parties.

2.2. It is clarified between the parties that neither of the parties shall be liable for any action or omission of the other party in any manner. It is clearly understood and agreed that under these Terms of Use no relationship of employer and employee exists between Flocco and Bike Rider. The Bike Rider shall not have any claim for permanent employment or employment benefits under any statutes / local laws.

3. Acknowledgment by the Bike Rider

3.1. You acknowledge that these Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”, “You”, or “Bike Rider”) and FLOCCO IN PVT. LTD., doing business as Flocco (“Flocco”, “https://flocco.co/”, “we”, “us”, or “our”), concerning your access to and use of the https://flocco.co/, Flocco as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

3.2. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site or providing Kirana Store’s delivery facilitation service and you must discontinue your use immediately.

3.3. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change.

3.4. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

3.5. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

3.6. All references to "you" or "your" or “user” as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. “you” or “your” or “user” would include the parent and/or guardian of such minor and the parent and/or guardian in the event any person who accesses, uses and/or participates in the Platform is a minor (i.e. less than 18 years of age) then such individual shall be obligated to cause and procure the minor to adhere to the obligations as set out hereunder.

3.7. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally binding agreement between Flocco and you. These Terms and Conditions contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the Flocco website and your delivery facilitation service, including the classified advertisements, forums, various email functions and Internet links, and all content and Flocco services available through Platform.

3.8. Flocco reserves the right to add or remove any services at any time on such terms as it deems fit. These Terms and Conditions described below incorporate the Privacy Policy and apply to all users of the Platform.

3.9. You acknowledge that the Platform serves as an online venue for the online selling and distribution of Local Kirana Store’s grocery items/products, and you are delivery facilitation engaged by the Local Kirana Store to facilitate the delivery service to the customers/households of the ordered grocery products using Flocco, further, you agree to be bound by all terms and conditions of this Terms of Use and any other documents incorporated by reference herein.

4. Bike Rider’s Information

4.1. In order to facilitate grocery products delivery ordered from Local Kirana Stores by using Flocco, you may be required to register with the Flocco by providing your Personal Identifiable Information such as:

4.1.1. Your full Name;

4.1.2. Email;

4.1.3. Mobile No.;

4.1.4. Your Photo;

4.1.5. Address etc.

4.2. You further agree to provide your above-mentioned information accurate and correct for further facilitating the delivery services on behalf of Local Kirana Store to whom you are engaged with to provide such services.

4.3. The above-mentioned information includes any personal data collected from the Bike Rider including copies of valid government issued vehicle registration certificate, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Vehicle and any other information that Flocco may deem fit.

5. Representations by the Bike Rider

5.1. By using the Flocco, you represent and warrant that:

5.1.1. All information you submit will be true, accurate, current, and complete;

5.1.2. you will maintain the accuracy of such information and promptly update such information as necessary;

5.1.3. you have the legal capacity and you agree to comply with these Terms of Use;

5.1.4. you are not a minor in the jurisdiction in which you reside;

5.1.5. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;

5.1.6. you will not use the Site for any illegal or unauthorized purpose; and

5.1.7. your use of the Site will not violate any applicable law or regulation.

5.1.8. you shall be responsible to Local Kirana Store to whom you are engaged with to deliver the products.

5.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your any and all current or future use of the Site (or any portion thereof).

6. Delivery Facilitation by Bike Rider

6.1. Upon confirmation of the order of the customer/household, by the Local Kirana Store whereby the customer has made a purchase shall facilitate the delivery of the purchased products to the customer’s selected address of delivery.

6.2. You as a bike rider may be assigned for the delivery of the ordered grocery products/items by the Local Kirana Store. You represent that after assigning delivery of the ordered products, you shall further attempt the delivery of the purchased products/items to the customer in the stipulated time-period by using Flocco.

6.3. You shall be liable to follow all the directions assigned to you by the Local Kirana Store at the time of handing over the purchased products/items to deliver to the customer/household.

6.4. Bike Rider agrees and acknowledges that the upon acceptance of a delivery request by the bike rider, Delivery Services undertaken by him shall constitute a contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Bike Rider and the Local Kirana Store, to which Flocco is not a party.

6.5. The applicable fee, amount, charges charged by the Bike Rider to facilitate the delivery service of the grocery products shall be paid by the Local Kirana Store to whom the Bike Rider is engaged with for such services, Flocco shall nowhere be responsible for any payouts to Bike Rider.

6.6. The Bike Rider confirms and acknowledges that by logging-in on the Flocco, he agrees to be tracked by Flocco via GPS enabled tracking technology and Flocco may share this information with household/customer on a real-time basis for the purpose of enabling the status of the Delivery Services being provided by the Bike Rider to the household/customer. The Bike Rider further agrees that logging-in on the Flocco Platform shall be deemed acceptance of the Bike Rider’s intention to accept orders of household/customer made at Local Kirana Store to render the Delivery Services mentioned herein.

7. Conduct of the Bike Rider

7.1. The Bike Rider undertakes to make all reasonable attempts to collect the order from the Local Kirana Store and deliver it to the household/customer, as quickly and efficiently as possible.

7.2. The Bike Rider further undertakes at all time to behave in a profession manner with the household/customer to facilitate the delivery service.

7.3. The Bike Rider undertakes to always keep his GPS on to enable tracking of the order delivery by the household/customer to know real-time update of delivery status.

7.4. The Bike Rider shall ensure that the bike rider’s Vehicle is well maintained and in good condition so that there are no delays in rendering Delivery Services.

7.5. The Bike Rider shall hold and possess a valid driving license, a valid registration number and a valid insurance courage for the Bike Rider’s Vehicle, if required under the Applicable Law for the vehicle used by the Bike Rider for providing Delivery Services, which are up to date and in subsistence throughout the Term of these Bike Rider Terms of Use.

7.6. The Bike Rider undertakes that during the course of undertaking Delivery Services, he shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the Local Kirana Store as well as Flocco, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Bike Rider shall also comply with all Applicable Law including the provisions of the Motor Vehicles Act, 1988 and its corresponding rules.

7.7. At no time whatsoever shall the Bike Rider tamper, damage, open or do anything to the ordered products of the household that he is not specifically permitted to do. In case Local Kirana Store or Flocco suffers any loss due to the Bike Rider’s tampering, damaging or opening the packaging of ordered products of the household, Local Kirana Store as well as Flocco shall have the right to recover any loss, if any, from the payments required to be made by Local Kirana Store as well as Flocco to the Bike Rider under this User Agreement.

7.8. The Bike Rider undertakes that he is not entitled to claim any reimbursement of hospitalization/ hospital bills from Flocco that may be incurred by the Bike Rider while rendering Delivery Services for any unfortunate accidents or severe illness, during the subsistence of this User Agreement.

8. Bike Rider’s Responsibilities

8.1. You, as the Bike Rider, hereby acknowledge and agree that you are solely responsible for your own acts and omissions while facilitating delivery services.

8.2. You must act with integrity, and treat households/customers with respect, and adhere to all applicable laws at all times during your use of the Flocco.

9. Intellectual Property Rights

9.1. Unless otherwise indicated, the Site is Flocco proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, international copyright laws, and international conventions.

9.2. Flocco owns or holds the Licenses or IP Rights to all Data and Marks on Flocco Website or App, and Bike Rider is only permitted to use such Intellectual Property Rights in connection with Delivery Services rendered under these Bike Rider Terms of Use.

9.3. Data on the Platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

10. Prohibited Activities

10.1. You may not access or use the Flocco for any purpose other than that for which we make the Flocco available. Flocco may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

10.2. As a user of the Flocco, you agree not to:

10.2.1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

10.2.2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

10.2.3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

10.2.4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

10.2.5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

10.2.6. Make improper use of our support services or submit false reports of abuse or misconduct.

10.2.7. Use the Site in a manner inconsistent with any applicable laws or regulations.

11. Modification to the Terms

11.1. Flocco reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms of Use and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, without notice and Flocco will post the amended Terms of Use and Terms and Conditions of this Document.

11.2. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms and Conditions will signify your assent to and acceptance of any revised Terms & Conditions.

12. Term and Termination

12.1. The agreement between you and Flocco reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

12.2. Termination by Flocco: You hereby acknowledge and agree that Flocco in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, or otherwise terminate your access to or participation in the use of the Flocco (or any part thereof), or remove and discard any Submitted Content on the Platform ("Termination of Service"), immediately and without notice.

12.3. Without prejudice to the generality of the foregoing clause, Flocco reserves the right to terminate these Bike Rider’s Terms of Use with immediate effect for:

12.3.1. Any breach of the terms of these Bike Rider’s Terms of Use or the User Agreement by the Bike Rider;

12.3.2. failure to verify or authenticate Bike Rider Information; and

12.3.3. any action or omission by the Bike Rider which can cause legal or contractual liability for Flocco including but not limited to fraudulent conduct, household’s complaints, continuous unsatisfactory reviews by the households, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.

12.3.4. Failure to abide by any of the rules and guidelines given by Local Kirana Store as well as Flocco as part of service quality standards and principles.

12.3.5. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Flocco.

13. Grievances Redressals Mechanism

13.1. If a Bike Rider faces any issues regarding Flocco’s use, he may notify Flocco and seek resolution of their complaints by sending a mail to our Support Executive at info@flocco.co.

13.2. In case you do not receive a satisfactory response from our support executive, you can escalate the matter to our Grievance Redressal Officer on the below given information:

13.2.1. Details of the Grievance Officer:

Name of the Grievance Officer:

Email Address of the Grievance Officer:

Contact No. of the Grievance Officer:

13.3. You expressly agree to cooperate in good faith, furnish any requested information, execute necessary documents, and undertake reasonable actions concerning your Claims, Kirana Store’s complaints, or any other claims arising in connection with your provision by using Flocco.

13.4. Flocco's decisions on Claims do not affect your contractual or statutory rights. Flocco is not liable for damages by Kirana Store, Households/Customers as you are engaged with Local Kirana Store and further, Flocco shall not be involved in court proceedings related to such damages.

14. Flocco’s Limited Role

14.1. We provide an online platform for Local Kirana Stores to publish their grocery products and for Customers to search for their choice of Local Kirana Stores to order grocery products. Flocco is not a party to any contractual relationship between Customer and Kirana Store and You and further does not control the conduct or performance of both Customer, Kirana Store and You.

15. Indemnification

15.1. You agree and undertake to indemnify and to hold harmless the Flocco its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives or any third party from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of your obligations, performance or observance of your role, functions, responsibilities, representations, or warranties under theses Bike Rider Terms of Use and the Agreement; (ii) any violation of Flocco’s policies; (iii) any act or omission that causes or may cause harm to the reputation and goodwill of Flocco; (iv) any claim of violation of intellectual property of Flocco or any third party by your usage of Intellectual Property Rights in a manner not permitted under the Agreement and these Bike Rider’s Terms of Use; (v) your misconduct or unauthorized access or use of the User data on the Flocco or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of Flocco; (vii) any act of theft, fraud, negligence and misconduct by you; (viii) any misbehaviour towards the Local Kirana Store, Households or Flocco and its employees or tampering with grocery product’s packaging while performing the Delivery Services.

15.2. Specific Indemnity: The Bike Rider shall be solely liable for any and all accidents/incidents involving the Bike Rider’s Vehicle, while providing the Delivery Services. Flocco shall not be held liable for any such accidents/ incidents involving the Bike Rider.

16. Dispute Resolution

16.1. If a dispute arises between you and Flocco, you and Flocco hereby agree to resolve any claim or controversy at law and equity that arises out of these Terms & Conditions through informal negotiations for at least thirty (30) days before initiating arbitration.

16.2. In case of non-resolution through Negotiation, the dispute shall be referred to and finally resolved through Arbitration following the procedure mentioned in the Arbitration and Conciliation Act, 1996 and applicable rules.

17. Limitation of Liability

17.1. Flocco will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or making a purchase using our website or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

17.2. In no event shall Flocco, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage).

18. Governing Law

18.1. These Terms shall be governed by and defined following the laws of India. FLOCCO IN PVT. LTD. and yourself irrevocably consent that the courts of India at Bangalore, Karnataka shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

19. Contact us

19.1. If you have any questions or comments about these Terms & Conditions, you can contact us at the below mentioned address.

19.2. Any notices or other communications required or permitted in terms of these presents shall be deemed to have been duly served if, (a) delivered in person; or (b) sent by registered or certified mail, return receipt requested, or (c) email; and addressed as follows:

FLOCCO IN PVT. LTD.

948, Level, 3, 12th Main Rd, HAL 2nd Stage, Appareddipalya, Indiranagar, Bengaluru, Karnataka 560008

Last updated on Tuesday, 30 April 2024

Place: Bangalore, Karnataka