Merchant

Terms and Conditions

Welcome to Flocco. 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, you are agreeing to be bound by our terms and conditions or this service level agreement.

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 Flocco or its digital platform, 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 Flocco (hereinafter referred to as “Flocco”, “https://flocco.co/”, “We”, “Us”, “Site” or “Website”) or avail any of the services being provided therein.

By visiting our website and accessing the information and services of online ordering of grocery products from Local Retail Merchants, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘Service Level Agreement’ or ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy link of Retail Merchants for more information).

We reserve the right to change this Service Level Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Service Level 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.

https://flocco.co/ is owned by FLOCCO IN PVT. LTD. (under the brand name “Flocco”). Flocco operates, controls and manages the Services (as defined below).

1. Acceptance of the Terms

1.1.       These Terms & Conditions constitute a legally binding agreement made between you as a Local Retail Merchant Owner, whether personally or on behalf of an entity (“User”, “You”, or “Retail Merchant”) 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 Flocco as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto as a digital platform to market and sell your grocery products. You agree that by accessing the Site or making a purchase through Site, you have read, understood, and agree to be bound by all of these Terms & Conditions.

1.2.       If you do not agree with all of these terms of use, then you are expressly prohibited from using Flocco or listing your grocery products to market and sell them and further, you must discontinue use immediately.

1.3.       Supplemental terms and conditions or documents that may be posted on Flocco 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.

1.4.       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.

1.5.       You shall provide your financial data and details only after getting agreed with these terms and conditions to register with the Flocco to market and sell your grocery products.

1.6.       Flocco reserves the right to charge a monthly/annual subscription and/or membership fee in respect of any of its service and/or any other charge or fee from Local Retail Merchants to market and sell their grocery products or in respect of any of its service offered through its Digital Platform anytime in future.

1.7.       Flocco is intended for use if you are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Flocco.

1.8.       All references to "you" or "your" or “user” or “Local Retail Merchant” as applicable, mean the person that accesses, uses, and/or participates in the Flocco Platform in any manner.

1.9.       The terms and conditions set forth below ("Terms & Conditions" or “Service Level Agreement” or “User Agreement”) 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 to market and sell your grocery products.

1.10.   Flocco reserves the right to add or remove any services or products at any time on such terms as it deems fit. These Terms and Conditions described below incorporate the Privacy Policy and apply to all Local Retail Merchants registered on the Flocco Platform.

1.11.   You acknowledge that the Flocco serves as an digital venue for the online selling and distribution of your Local Retail Merchant’s grocery items/products, and by clicking on "I have read and agree to the terms of use”, you hereby certify that: (1) you are duly registered with Flocco to market and you’re your grocery products, (2) you have the authority to enter into these Terms and Conditions along with Privacy Policy and Pricing and Refund Policy, (3) you agree to be bound by all terms and conditions of these Terms and Conditions and any other documents incorporated by reference herein.

2. Service Overview of Flocco

2.1.       Flocco offers a digital platform that enables users (hereinafter referred to as “Customers”) to order, and purchase their required Consumer Products including grocery  products, FMCG items and other household products from the listed Local Retail Merchants.

2.2.       A Local Retail Merchant after registering itself with Flocco can lists its consumer products to further market and sell them directly to the households/customers using Flocco.

2.3.       As the service facilitation platform, Flocco does not own, control, offer or manage any grocery products/items selling directly to the households/customers. Flocco is not even a party to the contracts entered into directly between you as a Local Retail Merchant and household/customer. If you market and sell your consumer products, you are responsible for understanding and complying with all laws, rules, regulations and contracts with Households/Customers and Third Parties that apply to your sell and payment process.

3. Changes to the Terms

3.1.       Flocco reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, Terms and Conditions for website-based orders 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 at the domain of website https://flocco.co/. 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.

4. Flocco’s Service Commitment

4.1.       Flocco’s mission is to establish an online platform where individuals can find consumer products/items from Local Retail Merchants that suit their preferences. Flocco’s Listings of Local Retail Merchants encompass diverse options, from various Retail Merchants choices to unique experiences.

4.2.       Flocco 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.

4.3.       Flocco is on a mission to bring back the trust of our traditional Retail Merchants and create a self-sustaining community by providing simple, innovative business solutions for our Retail Merchants and a modern, convenient shopping experience for customers.

5. Service Offering through Flocco

5.1.       In order to market and sell of consumer products of your Local Retail Merchants directly to the households/customers including listing of the consumer products by using Flocco, you may be required to register with an account on the Flocco by providing your Personal Identifiable Information such as:

5.1.1.        Your Full Name;

5.1.2.        Your Email Address;

5.1.3.        Your Mobile No.;

5.1.4.        Your Retail Merchant’s Name;

5.1.5.        Your Retail Merchant’s Photos;

5.1.6.        Your Retail Merchant’s Address;

5.1.7.        Your Account Information;

5.1.8.        Your Address etc.

5.1.9.        Other information related to your store registration certificates, Aadhar Card, Pan Card, GST Certificate, etc.

5.2.       Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

5.3.       We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Subscription Plans & Charges

6.1.       Retail Merchants represents that to offer consumer products of their retail store to customers using Flocco and/or to use services of Flocco, they have to subscribe for the Flocco’s monthly or yearly subscription plan and shall pay accordingly.

6.2.       Currently, Flocco is offering two types of subscription plans to the retail merchants to offer their retail store consumer products, the retail merchants can either subscribe Monthly Subscription Plan which is valid for 30 days or Yearly Subscription Plan which is valid for 365 days.

6.3.       The retail merchants undertake to pay applicable charges reflected on the screen at the time of purchasing of a plan in accordance of their subscribed plan. Retail Merchants represents that any changes in the price of the subscription plan is at the sole discretion of the Flocco.

6.4.       No refund shall be provided or offered in any circumstances for purchasing of a subscription plan post 48 hours of payment made for the subscription plan. Further, retail merchants agree that a minimum of 250 SKUs shall be uploaded correctly by the retail merchant for their store on the Flocco portal.       

6.5.       Validity of subscription plan purchased by Retail Merchants shall not start during the first signup phase, Once the Know Your Customer (KYC) of retail merchants is approved by Flocco, only that day shall be considered as starting day of the validity of their subscription plan.

7. Listing & Pricing of the Products

7.1.       During the initial sign up phase, inventory in the required format needs to be uploaded accurately with the following details for all products that need to be listed- Product title, MRP, Weight, Unit of Measure, Selling Price, Brand and barcode. This process might take anywhere from 2-7 working days to verify. Your store will go online and validity of subscription begins when 250 SKUs are uploaded with all the details. There will be no refund provided if the data uploaded is not accurate. Flocco is not responsible for the accuracy of the data. If inaccurate/ incomplete data is identified during verification, that product will not be displayed under the store inventory section to the household/ customer.

7.2.       In order to market and sell the consumer products to the households/customers, a Local Retail Merchant required to lists its consumer products in its inventory section on the Flocco platform.

7.3.       In order to transparency, all the listing and the pricing shall be done in the line of FMCG (Fast-moving consumer goods) norms, Local Retail Merchants shall list their products by selecting integrated FMCG Code of a product, if the Local Retail Merchants are not able to find their product’s code on the Flocco, the same shall be intimated to the Flocco, and the Flocco shall help to the Local Retail Merchants to list their product accordingly.

7.4.       Flocco aims to ensure that prices of all products offered by Local Retail Merchants for sale are true and correct and in line with Fast-Moving Consumer Goods (FMCG) norms.

7.5.       In order to listing of grocery products, you represent to us that all information in relation to the grocery products listing and pricing provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary, in order to keep it accurate in line with Fast-Moving Consumer Goods (FMCG) norms.

7.6.       However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Flocco by Local Retail Merchants. In each such case, notwithstanding anything to the contrary, the Flocco reserves the right to cancel the order without any further liability or if the order is processed, the price change will be borne by the retail merchant itself.

7.7.       Subject to the foregoing, the price mentioned at the time of ordering a consumer product shall be the reflecting price charged by the Retail Merchant from the households/customers along with applicable conveyance Fee (if, any), provided that no product offered for sale on Flocco will be sold at a price higher than its MRP (maximum retail price).

8. Selling of the Products

8.1.       After listing and marking of the price of the consumer products, a Local Retail Merchant can further sell listed consumer products directly to the household/customer upon receiving consumer product purchase request from a household/customer.

8.2.       Upon receipt of the order request from the household/customer, the Local Retail Merchant whereby a household/customer has made a purchase, the Local Retail Merchant shall be liable to deliver the ordered products or items to the household/customer in a manner described in the “Delivery of the Products” clause of this user contract.

8.3.       Upon acceptance of the purchase request from household/customer, a contract is formed directly between Household/Customer and the Local Retail Merchant. In addition to these Terms and Conditions, the Local Retail Merchant is obligated to comply with all terms of this document, including, but not limited to, the ‘Pricing and Refund Policy’ and any other rules, standards, policies, or requirements identified during checkout.

9. Delivery of the Products

9.1.       Upon acceptance of the order of the household/customer, the Local Retail Merchants whereby the customer has made a purchase shall facilitate the deliver of the purchased products to the customer’s selected address of delivery in the assigned time-period.

9.2.       The Local Retail Merchant shall be liable to assign a Bike Rider from it’s onboarded bike riders who shall further attempt the delivery of the purchased products/items to the household/customer in the stipulated time-period.

9.3.       The appointment of a Bike Rider shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Bike Rider, to which Flocco is not a party under any applicable law. It is clarified that Flocco does not provide any delivery or logistics services and only enables the delivery of Grocery or Consumer Products ordered by the Households/Customers through the Flocco Platform by connecting the Households/Customers with the Local Retail Merchants, as the case may be. You shall be liable to appoint and assign a Bike Rider to facilitate the delivery service of the consumer products ordered by a household/customer.

9.4.       The bike riders shall be liable to follow all the directions assigned to him by the Retail Merchants at the time of handing over the purchased products/items by the customer.

9.5.       The Local Retail Merchants whereby a household/customer has made a purchase of the consumer products shall be liable to safely deliver the purchased products with utmost professionalism in the estimated time period reflected to the household/customer during the check-out process.

9.6.       You may charge a delivery fee for facilitating the deliver of the grocery products ordered by the household/customer.

10. Cancellation, Replacement and Refunds

10.1.   For any purchase made by a household/customer from Local Retail Merchants by using Flocco, their purchase, cancellation of purchase order, replacement requests and refund request shall be governed under “Pricing and Refund Policy” available at Flocco, and the Retail Merchants shall be liable to follow all the terms and conditions of the “Pricing and Refund Policy”  to process order cancellation, replacement and refund to the household/customer.

11. Managing Your Account

11.1.   Flocco equips you with tools to effortlessly establish and oversee the orders received by the Local Retail Merchants. You may further manage your received orders by visiting in ‘Order’ section of your account at any time.

11.2.   Retail Merchants represents that business hours of their availability on the Flocco shall be configured and maintained accurately. Further, the merchants undertake to available their self during selected business hours. Online presence of retail merchant’s stores shall be automatically set to the offline mode if they do not respond to the notification as per their closing time entered in the business hours.

11.3.   Configuration on the Flocco allows stores to be serviceable in 5 Kilometre radius of their address. Stores shall be liable to select and update their serviceable grids from time to time as their store’s presence shall be visible to the customers of the selected grids only.

11.4.   Retail Merchants represents and undertakes that they shall be liable to update and maintain delivery time on regular basis. Further, Retail Merchants undertakes not to charge any extra fee or charges from customers in contradiction to the fee and charges displayed to them at the time of placing order.         

11.5.   The position of search results of your Retail Merchants in search results of household/customer is influenced by various factors, encompassing search parameters, characteristics, customer’s requirements, distance, ratings, reviews and preferences.

11.6.   You are accountable for your actions performed under your account at Flocco. This encompasses cancellation of the order requests, delivery and quality of the ordered products, assigning the Bike Rider etc.

12. Representations by Retail Merchants

12.1.   By using the Flocco, you represent and warrant that all registration information you submit will be true, accurate, current, and complete and further you will maintain the accuracy of such information and promptly update such registration information as necessary.

12.2.   You hereby agree that Flocco Platform shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or international law(s).

12.3.   If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Flocco (or any portion thereof) and further in such cases, the subscription charges shall be forfeited and not be refunded to you.

12.4.   You represent that while communicating households/customers, our support executive and grievance redressal officer, rider, or any person representing your retail store you shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. If doing so, Flocco reserve the right to suspend the help support service and/or block your access and usage of the Flocco Platform and further subscription charges shall be forfeited, at any time with or without any notice and the same shall be reported to the police.

13. Reviews and Submissions by Customers

13.1.   Upon the completion of order delivery by your assigned Bike Rider, customer shall be afforded the opportunity to furnish reciprocal reviews. Customer reviews or ratings for Retail Merchants do not reflect the opinion of Flocco. It is pertinent to state that each and every review posted on Flocco is the personal opinion of the Customer only. Flocco is a neutral platform, which solely provides a means of communication between Customers and Retail Merchants owners.

13.2.   It is noteworthy that Reviews undergo no verification by Flocco for accuracy, and consequently, there exists a possibility of inaccuracies or misleading content.

13.3.   We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content, Review or Submission that we, for any reason or no reason, consider to be objectionable, in violation of the Terms & Conditions or otherwise harmful to the Services in our sole discretion. Further, we reserve the right to delete any images and pictures forming part of Customer Content, Review or Submission, from such Retail Merchants's listing page at our sole discretion.

14. Ownership of Flocco’s IP Rights

14.1.   Flocco grants you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted or in line with these Terms & Conditions. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Flocco’s Content or our IP Rights.

14.2.   Unless otherwise indicated, Flocco is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Flocco (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.

14.3.   Flocco owns or holds the Licenses to all Data and Marks on its Website, App or any other Digital Platform.

14.4.   The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Flocco. Other trademarks, names and logos on Platform are the property of their respective owners.

14.5.   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 Flocco.

15. Fees & Payment Terms

15.1.   Retail Merchants wherein a household/customer has ordered shall be liable to bill the household/customer through an online billing account for the purchases the household/customer has made using the Flocco. GST and other applicable taxes (If, any) will be added by the Retail Merchants to the price of purchases as deemed required by the statutory requirements. All payments shall be in INR.

15.2.   If any payment for ordered products is processed through Flocco, in such case all the payments for ordered products will be processed through Flocco’s designated payment processors of third-parties. The household/customer shall be charged as per the generated invoice, and upon the successful completion of the transaction, a receipt or invoice will be dispatched to the customer by the Retail Merchants whereby the customer made a purchase. In such case, Flocco shall only work as a payment collection platform. You agree to pay all charges or fees at the prices then in effect for your selling value charged by the Flocco’s designated payment processors of third-parties to facilitate such payments.  

15.3.   Payment received by the Flocco on behalf of Retail Merchants whereby a household/customer has made a purchase will be treated and retained securely and same shall be transferred to the that Retail Merchant’s provided account number.

15.4.   You agree to provide current, complete, and accurate address and account information for all payment transfer to your account received through Flocco. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

15.5.   If a Retail Merchants is selling any grocery or consumer products to a household/customer on a Credit Basis, in such case the concerned Retail Merchants shall be liable to intimate the Bike Rider before attempting delivery of ordered products, and If a household/customer’s purchase is subject to monthly settlement with the Retail Merchants, then such Retail Merchants and household/customer’s consent to that settlement system for each purchase or order shall be mandatory, and same shall be intimated to the Bike Riders by such Retail Merchants before attempting the delivery of the ordered products.

16. Prohibited Activities

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

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

16.2.1.     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.

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

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

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

16.2.5.     Use the Flocco in a manner inconsistent with any applicable laws or regulations.

17. Term and Termination

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

17.2.   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, cancel the Flocco 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.

17.3.   Flocco may also terminate this agreement immediately and without prior notice and stop providing access to the Flocco if:

17.3.1.     you materially breach these Terms or Additional Legal Terms, or Policies;

17.3.2.     you violate applicable laws, or such action is necessary to protect the personal safety of Flocco, its members, or third parties (for example in the case of fraudulent behaviour of a member).

17.4.   Termination by You: Customer reserves the right to terminate the utilization of the Flocco at their discretion, either before engaging in any purchasing or availing of services provided by Flocco. You may terminate this agreement at any time by sending us an email or by deleting your account.

17.5.   Effect of Termination: Upon termination of your Account, your right to participate in the Flocco shall automatically be terminated. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Flocco Platform. Unless Flocco has previously cancelled or terminated your use of the Platform (in which case subsequent notice by Flocco shall not be required), if you provided a valid email address during registration, Flocco will notify you via email of any such termination or cancellation, which shall be effective immediately upon Flocco’ delivery of such notice.

18. Grievances Redressals Mechanism

18.1.   If you have any issues in relation to the practices of the Flocco, you may notify Flocco and seek resolution of your complaints by sending a mail to our support executive at info@flocco.co.

18.2.   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:

18.2.1.   Details of the Grievance Officer:

Name of the Grievance Officer:

Email Address of the Grievance Officer:

Contact No. of the Grievance Officer:

18.3.   You expressly agree to cooperate in good faith, furnish any requested information, execute necessary documents, and undertake reasonable actions concerning your Claims, complaints, or any other claims arising in connection with your provisions.

18.4.   Flocco's decisions on Claims do not affect your contractual or statutory rights. Flocco is not liable for any damages to the Retail Merchants and shall not be involved in court proceedings related to such damages.

19. Flocco’s Role & Disclaimer

19.1.   Flocco provides an online platform for Local Retail Merchants to publish their grocery or consumer products and for Households/Customers to search for their choice of Local Retail Merchants to order grocery or consumer products. Neither Flocco is becoming a party to or other participant in any contractual relationship between you and household/customer nor Flocco is acting as an agent for you except for where Flocco’s acts as a Payments collection agent or a service facilitator platform.

19.2.   Flocco does not guarantee the existence, quality, safety, suitability, legality, truth, or accuracy of Listings of the Retail Merchant’s grocery products, their Services, or Content provided by them. Flocco has the right to review, disable access to, remove, or edit Content for various reasons outlined in these Terms and Conditions.

19.3.   Flocco does not endorse or warrant Retail Merchant’s services or third party’s services. Flocco is not responsible for internet outages, disruptions, or temporary platform unavailability. Flocco may restrict platform availability for maintenance, security, or capacity reasons, considering involving parties' legitimate interests.

20. Other Applicable Policies

20.1.   We care about data privacy, security and smooth facilitation of the services by using our platform. By using Flocco digital platform or selling through Flocco, you agree to be bound by our ‘Privacy Policy’, ‘Terms of Use’, and ‘Pricing and Refund Policy’, posted on the Flocco along with this Terms and Conditions document. These all policies are in consonance with these Terms & Conditions.

20.2.   You represent that you have read, understood and agreed to our all above-mentioned applicable policies.

21. Dispute Resolution

21.1.   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.

21.2.   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.

22. Limitation of Liability

22.1.   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.

22.2.   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).

23. Indemnification

23.1.   You agree to defend, indemnify and hold harmless the Flocco, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this Service Level Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive the expiry or termination of this Service Level Agreement.

24. Governing Law

24.1.   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.

25. General Terms

25.1.   Entire Agreement: The Terms and Conditions, together with the ‘Privacy Policy’, ‘Pricing and Refund Policy’ and ‘Terms of Use’, shall constitute the entire agreement between you and us concerning the Services of Flocco.

25.2.   Waiver: No failure or delay by us in exercising any right, power or privilege under these Terms & Conditions shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

25.3.   Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

25.4.   Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Flocco and you shall have no authority to bind Flocco in any form or manner, whatsoever.

26. Contact us

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

26.2.   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 Friday, 07 June 2024

Place: Bangalore, Karnataka