Welcome to Flocco, Flocco 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 of use.

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 Flocco, as you shall be bound by all the terms and conditions herein mentioned in this electronic contract upon accessing the information and services of online ordering of grocery products from Local Kirana Stores.

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 Flocco 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 Flocco after that shall be considered as your understanding of this document.

1. Acceptance to Terms

1.1. These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”, “You”, or “Customer”) and FLOCCO IN PVT. LTD., doing business as Flocco (“Flocco”

, “https://flocco.co/”, “we”, “us”, or “our”), concerning your access to and use of Flocco.

1.2. 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, and if you do not agree with all of these terms of use, then you are expressly prohibited from using Flocco or making a purchase and you must discontinue your use immediately.

1.3. 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. You shall provide your financial data and details only after getting agreed with the terms of use and wants to order using Flocco.

1.5. You represent that you have attained 18 years of age. If you are under the age of 18, then you are not permitted to use or register with Flocco. However, you may use Flocco under the supervision of legal guardian who agrees to be bound by these Terms of Use. But you are however prohibited from purchasing any product which is for adult consumption, the sale of which to minors is prohibited.

1.6. You acknowledge that the Flocco serves as an online venue for the online selling and distribution of Local Kirana Store’s grocery products, and by visiting or using Flocco, you hereby certify that: (1) you are duly registered with Flocco in case you are ordering online grocery, (2) you have the authority to enter into these Terms of Use along with Terms and Conditions and Pricing and Refund Policy.

2. Disclaimer

2.1. Flocco is only a service facilitator platform that enables you being a customer to order, and purchase required Grocery Products from the listed Local Kirana Stores of your area. Flocco nowhere sells grocery products directly to you, and nowhere Flocco does own, control, offer or manage such grocery products.

2.2. Flocco is not even a party to the contracts entered into directly between you as a Customer and Local Kirana Store owner. If you order, you are responsible for understanding and complying with all laws, rules, regulations and contracts with Local Kirana Store and Third Parties that apply to your purchase and payment process.

2.3. Services on the Flocco are available to only select geographical locations in India, and are subject to restrictions based on business hours and business days of Local Kirana Sellers. Transactions made through the Flocco may be subject to a convenience & platform fee. You will be informed of such convenience & platform fee at the stage of check-out for a transaction through the Flocco.

2.4. Flocco does not make any representation or warranties in respect of the products available on the Flocco nor does the Flocco implicitly or explicitly support or endorse the sale or purchase of any products by the Local Kirana Stores on the Flocco.

2.5. You acknowledge and agree that Flocco shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the Local Kirana Store. Flocco does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.

3. Account Registration with Flocco

3.1. In order to make a purchase of grocery products from your area’s Local Kirana Store, you must register with the Flocco by providing your Personal Identifiable Information:

3.1.1. Your Full Name;

3.1.2. Your Email Address;

3.1.3. Your Mobile No.;

3.1.4. Your Address along with ZIP Code/Area PIN Code;

3.1.5. Your choice of User ID and Password.

3.2. You agree to keep your User Id and Password confidential and will be responsible for all use of your account and password. You must keep your account and registration details current and correct for all communications related to your purchases from the Local Kirana Stores by using Flocco.

3.3. By registering your mobile number with us, you provide your consent to be contacted by us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

4. User Representations

4.1. By using Flocco, you represent and warrant that:

4.1.1. all registration information you submit will be true, accurate, current, and complete;

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

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

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

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

4.1.6. you will not use the Flocco for any illegal or unauthorized purpose; and

4.1.7. your use of the Flocco will not violate any applicable law or regulation.

4.2. 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).

5. Pricing of Products

5.1. Flocco aims to ensure that prices of all products offered by Local Kirana Stores for sale are true and correct and in line with Fast-Moving Consumer Goods (FMCG) norms. 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 Kirana Stores. In each such case, notwithstanding anything to the contrary, the Flocco reserves the right to cancel the order without any further liability.

5.2. Subject to the foregoing, the price mentioned at the time of ordering a grocery product shall be the price charged from you by the Kirana Store along with applicable Convivence Fee at the time of delivery, provided that no product offered for sale on Flocco will be sold at a price higher than its MRP (maximum retail price).

6. Making a Purchase

6.1. Users may search for their area’s Local Kirana Stores listed on the https://flocco.co/ using search criteria available on the website. The use of filters is also available to refine search results. The relevance of search results is determined by factors such as price, availability, reviews, stores service, popularity, and your requirements.

6.2. Upon selecting the required grocery products/items and adding them into shopping cart from selected Local Kirana Store, the User further agree to pay all charges associated with the selected products, including the Convivence Fee or Platform Fee, and other applicable fees such as service fee, taxes identified during checkout (collectively, the “Total Price”). Upon receipt of the order confirmation from the Kirana Store, a contract for Kirana Stores Services is formed directly between you and the Local Kirana Store. In addition to these Terms of Use, the customer 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. It is the Customer's responsibility to thoroughly read and comprehend these rules, standards, policies, and requirements before making a purchase.

7. Delivery of the Products

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

7.2. The Local Kirana Store shall be liable to assign a Bike Rider/Deliver Partner and shall further attempt the delivery of the purchased products/items through its onboarded bike riders/delivery partners to the customer in the stipulated time-period.

7.3. The bike riders/delivery partners shall be liable to follow all the directions assigned to him by the Local Kirana Store at the time of handing over the purchased products/items by the customer.

8. Cancellation, Replacement and Refunds

8.1. For any purchase made from Local Kirana Stores by using https://flocco.co/, the customer shall be governed under “Pricing and Refund Policy”, and for Cancellation and Refund related information, kindly refer to “Pricing and Refund Policy” available at https://flocco.co/.

8.2. Customers acknowledge and accept responsibility to bear and pay Convivence Fee or Platform Fee while making a payment for their total purchased amount during the checkout if they are making online payment.

9. Managing Your Orders

9.1. https://flocco.co/ equips you with tools to effortlessly establish and oversee Local Kirana Stores available in your selected area. You may select any Kirana Store of your choice in your area to get the delivery of your selected grocery products. You may further manage your orders by visiting in ‘Order’ section of your account at any time, you may add or remove any products of your choice in shopping cart.

9.2. The position of search results of Local Kirana Stores in search results is influenced by various factors, encompassing search parameters, characteristics, customer’s requirements, and preferences.

9.3. You are accountable for your actions performed under your account at https://flocco.co/. This encompasses adding products in the shopping cart, establishing requirements for your products requirements.

10. Fees & Payment Terms

10.1. We accept the following forms of payment. By using the services, you also accept the third-party terms and conditions mentioned on their individual sites.

10.1.1. Credit and Debit Card

10.1.2. UPI

10.1.3. Net Banking

10.1.4. Cash on Delivery

10.2. All payments for ordered products will be processed through our designated payment processors of third-parties. The user agrees that the credit/debit card will 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 Kirana Store whereby the customer made a purchase.

10.3. If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

10.4. If your payment is declined, you will need to provide an alternative payment method or provide another card/UPI on which the payment can be charged and processed.

10.5. Your payment details will be treated and retained securely and for the sole purpose of processing the transaction. https://flocco.co/ reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the transactions.

10.6. You agree to provide current, complete, and accurate address and account information for all orders made via https://flocco.co/. 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.

11. Term and Termination

11.1. 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.

11.2. This User Agreement is effective unless and until terminated, either by you or by the Flocco. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Flocco. Flocco may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Flocco.

12. Grievances Redressals Mechanism

12.1. In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer and Nodal Person who can be contacted for any complaints or concerns pertaining to the Flocco, including those pertaining to breach of the Terms of Use or any other policies are published as under:

12.1.1. [Name of the Grievance Officer]

12.1.2. [Contact No. of the Grievance Officer]

12.2. If you provide valid evidence of culpable damage caused by a Kirana Store, you may notify Flocco and seek resolution of their complaints by sending a mail to info@flocco.co.

12.3. 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 or your purchase from Kirana Stores listed on Flocco.

12.4. Flocco's decisions on Claims do not affect your contractual or statutory rights. Flocco is not liable for damages by Kirana Store and shall not be involved in court proceedings related to such damages.

13. Other Applicable Policies

13.1. We care about data privacy, security and smooth facilitation of the services by using our platform. By using the Site or making a purchase through our website, you agree to be bound by our Privacy Policy, Terms of Use, Pricing and Refund Policy, posted on the Site along with this Terms and Conditions document. These all policies are in consonance with these Terms & Conditions.

14. Dispute Resolution

14.1. 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.

14.2. 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.

15. Indemnification

15.1. 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 User 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 User Agreement.

16. Limitation of Liability

16.1. 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.

16.2. 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).

17. Governing Law

17.1. 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.

18. Contact us

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

18.2. 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, 05 April 2024

Place: Bangalore, Karnataka