Welcome to Floh!
Please read these terms and conditions of use (“Agreement”) carefully before accessing, using or obtaining any information or services through the
- Floh website including any subdomains thereof (“Website”); and
- Floh mobile application (“Application”) available on iOS and Android. The Website and the Application are together referred to as “Floh Platform”. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Floh Platform. Your use of the Floh Platform shall deem that you have read this Agreement and accept to be bound by the terms contained herein
Floh may make changes to this Agreement and to the Service from time to time. Floh may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. Floh will notify you of the amendments at the email address provided by you to Floh. If you continue to use the Services after the changes become effective, then you agree to be bound by the revised agreement.
- Floh Network Private Limited (“Floh”) operates an online platform to help singles using the Floh Platform (“Members”) connect with each other (“Service”). The Services include events hosted by third parties (“Partners”) offered on the Floh Platform (“Events”).
- Floh is not a matchmaking service and does not guarantee a match. Floh takes utmost care to screen all applicants using publicly available information and ensure their eligibility and suitability to join Floh Platform but does not make any representations about or stand guarantee to the character of its Members.
You will be eligible to apply for membership only if (i) you have attained at least 18 (eighteen) years of age; (ii) you are competent to enter into a contract under the Applicable Laws; and (iii) you have not been convicted, or entered and accepted any guilty plea in respect of, any offence involving moral turpitude, deceit, dishonesty, or fraud. In addition to the above, you must be legally single and not be involved in a romantic relationship.
Membership and Subscription
- You can become a Member only through an invitation from Floh. You are welcome to request an invitation by applying on the Floh Platform.
- Floh reserves the right to approve or reject your application for membership without assigning any reason. Floh may choose to conduct an interview, either in person or through video chat, audio chat, phone, IVR, or any other means of communication, to verify your application and ascertain your eligibility and suitability for membership to the network you have chosen to apply to. Floh may also choose to verify the information provided by you through other online platforms or third parties. You provide Floh with permission to share your information with such third parties for the purpose of verification of information provided by you.
- An unconditional and express declaration by you with regard to your relationship status, which shall be binding on you, made to Floh, is accepted by Floh on an “as is” basis. While Floh may, at its sole discretion, verify your declaration, it is under no obligation or liability to do so.
- If your application for membership is accepted, you will be able to create a Member profile on the Floh Platform. Your profile will be accessible to other Members once you become a Member by paying a fee (“Subscription Fee”), however, at the sole discretion of Floh, your profile may be accessible to other Members prior to payment of the Subscription Fee. The Subscription Fee paid is non-refundable, except as provided in this Agreement, and non-transferrable.
- Payments to Floh towards Subscription Fee must be made using means of payment that Floh may approve from time to time. Floh’s services are provided based on the monthly, quarterly or annual subscription plan. You are free to choose the subscription plan at the time of your application. To provide continuous service, Floh automatically renews all paid subscriptions upon expiration of the period of subscription (“Renewal Date”), for the same subscription plan as last chosen by you. By using the Floh Platform or the Service, you acknowledge that your membership will be subject to the above-described automatic renewals. Floh will renew such subscription using the same card or other payment method that you had previously used.
- In all cases, if you do not wish your membership to renew automatically and would like to cease using the Service, you may cancel your membership before the Renewal Date, and your membership will not be renewed. In case of cancellation after the Renewal Date, Floh shall not be under any liability to refund any amounts to you, however, you can continue to use the Services and the Platform, for the period of renewed subscription. You may notify Floh of your wish to cancel your subscription by email to firstname.lastname@example.org. You must provide at least 5 (Five) business days advance notice in respect of cancellation of your membership, in order to cease automatic renewal and cancel your membership. Floh shall not be liable for any refunds for any delayed intimation by you.
- Your membership begins on the day Floh receives your Subscription Fee.
- You cannot have more than one account on the Floh Platform at any point of time
- Floh reserves the right to modify its subscription plans at any time. Floh will notify you of any changes to its subscription plans at the email address provided by you to Floh.
- By applying to be a Member or by becoming a Member, you consent to receive communication from Floh in all forms including phone calls, emails, mailers, and text messages. This consent shall supersede any registration, or preferences set, by you with the Do Not Disturb Register (DND Register) or the National Customer Preference Register (NCPR)
- Floh, may, from time to time, provide to you information on Events to be hosted by Floh or the Partners. Since spots at Events are limited, registrations are on a first-come-first-served basis. Floh does not guarantee availability of spots at any Event.
- Charges for Events are separate and distinct from the Subscription Fee.
- Floh does not does not own, sell, resell, control, offer, deliver, or supply any product at any Event.
- Partners are solely responsible for the conduct of the Events and Floh shall not be liable in any manner with respect to such Event, including any damage, accidental or otherwise, caused during the course of the Event.
- You agree to behave responsibly at all Events. If at any Event alcohol is served, you agree that (i) you shall attend such Event only in case you are of the legal drinking age; and (ii) you will consume alcohol in a responsible manner and shall not cause harm in any manner to any other Member, Partner or its/their employees, or the Host. Floh and the Partners reserve the right, at their sole discretion, to remove you from the premises where the Event is conducted in case of any misbehaviour and Floh shall not be liable to refund in part or in full, the fee paid by you thereof. Further, at its sole discretion, Floh may suspend your membership for any amount of time or terminate your membership without liability to refund the Subscription Fee
- Floh does not bear any responsibility for any accidents or untoward incidents involving Members, Partners or its/their employees, or Hosts before, during, or after the Events, whether arising out of irresponsible behaviour of any of its Members, Partners or its/their employees, or Hosts or otherwise.
- At Events involving any physical or sporting activity, such as hiking, adventure sports, or paintball, you should ensure that you are physically able and fit to participate in that activity. By registering for such Events, you warrant that you are physically able and fit to participate in the Event and you agree that Floh does not bear any responsibility for any injury or harm arising out of any accidents or any untoward incidents at such Events.
- Floh may, at its sole discretion, attempt to resolve disputes, however, Floh does not guarantee (i) the quality, safety, suitability, or legality of any of the Events; (ii) the truth or accuracy of any Event descriptions, Ratings, Reviews, or other Member Content (as defined below); or (iii) the performance or conduct of any Member, Partner or third party. Floh does not endorse any Event hosted by any Partner.
- Charges for Events are non-transferrable. Charges for Events are also non-refundable, unless Floh or the Partner unilaterally decide to cancel the Event or modify the Event and you do not wish to continue to participate due to such modification of the Event.
Interaction among Members
- The Floh provides Members with the option to interact with each other through messages on the Floh Platform and at Events.
- Floh endeavours to ensure safe and enjoyable interactions between Members on the Floh Platform. However, Floh does not bear any responsibility for Member interactions, for instance, whether on the Floh Platform, at Events, dates, or other events offline. Floh is not responsible to Members who intentionally, or otherwise, disclose their personal information in the free text areas of their profile, email correspondence, or in any publicly accessible forum. You agree to use caution in all interactions with other Members, in any manner and through any medium.
- Rules of Interaction
In order to help Floh ensure safety on the Floh Platform, you shall follow the following rules:
- You will not post unauthorised commercial communications.
- You will not collect users' content or information, without prior written permission from a director of Floh.
- You will not upload viruses or other malicious codes on the Floh Platform.
- You will not solicit login information or access an account belonging to someone else
- You will not bully, intimidate, or harass any other Member on the Floh Platform or through any other medium, including WhatsApp, email, or phone calls.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence
- You will not use the Floh Platform to do anything unlawful, misleading, malicious, or discriminatory.
- You will not use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Floh Platform for any purpose.
- Any violation of the above rules or any content found to be offensive must be reported to Floh through the reporting mechanism provided on the Floh Platform. Floh is entitled to take any action it deems fit against such violation, including but not limited to removing such content, disabling the Member account, suspension or termination of membership, and reporting the content to relevant law enforcement authorities
- The (i) Floh Platform; (ii) any content that Floh makes available on or through the Floh Platform, including proprietary Floh content and any content licensed or authorised for use by or through Floh from a third party (“Floh Content”); and (iii) materials such as text, photos, audio, video, or other materials and information created, posted, sent, or uploaded by you (“Member Content”), may in its entirety or in part be protected by intellectual property laws. You acknowledge and agree that the Floh Platform and Floh Content, including all associated intellectual property rights, are the exclusive property of Floh and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Floh Platform, Floh Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Floh used on or in connection with the Floh Platform and Floh Content are trademarks or registered trademarks of Floh.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Floh Platform, Floh Content or Member Content, except to the extent you are the legal owner of certain Member Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Floh or its licensors, except for the licenses and rights expressly granted in this Agreement.
- Subject to your compliance with this Agreement, Floh grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any content made available on or through the Floh Platform and accessible to you, solely for your personal and non-commercial use.
- Floh or Partners who host Events may take photographs at the Events, that you may be a part of. Floh shall have the right to use any of the images in advertising, marketing and/or any other business purposes without further notice or compensation to you
- You are solely responsible for all Member Content that you make available on or through the Floh Platform. Accordingly, you represent and warrant that Member Content or Floh's use of the Member Content (or any portion thereof) will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
- In addition to the Rules of Interaction under Clause 5.3, you will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or group; (v) promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community or any other group; (vi) promotes illegal or harmful activities or substances; or (vii) violates any other Floh policy. Floh may, without prior notice, remove or disable access to any Member Content that Floh finds to be in violation of this Agreement or any Floh policies, or otherwise may be harmful or objectionable to Floh, its Members, Partners or third parties
Terms Applicable to Partners
- These terms shall be applicable to you in your capacity as a Partner, in addition to any other terms applicable to a Partner under this Agreement. If you are also a Member, all the terms under this Agreement, as applicable to Members shall continue to be applicable to you.
- A Partner of Floh may be an establishment, a sponsor, a Member or any business or person engaged in activities relevant to the Events hosted by Floh in accordance with its objectives
- To have an Event listed on the Floh Platform, you must submit to Floh, the details of the Event, including (i) any risks inherent to the Event; (ii) any requirements for participation, such as the related skills, level of fitness or other requirements; and (iii) any other information required to safely participate in the Event. Floh reserves the right to decide, in its sole discretion, if a submitted Event will be listed on the Floh Platform.
- You represent and warrant that you understand and comply with all laws, rules and regulations that may apply to your Event, and will obtain any required licenses, permits, or registrations prior to conducting your Event.
- You shall be compensated at the contracted rate agreed upon between you and Floh prior to the listing.
- Your services and the Event will be rated by Members who have attended the said Event. Such ratings may be considered by Floh while deciding to list any other Events submitted by you.
- A Host, appointed by Floh, shall be present at all Events to assist the Members and ensure smooth running of the Event.
- While Floh has provided rules of conduct for its Members, it cannot guarantee the behaviour or conduct of any Member who attends an Event. You shall assume all responsibility and liability with respect to the Event, and Floh or the Host shall not be liable in any manner for any harm, injury or accidents caused at the Event due to an act of a Member.
Terms Applicable to Hosts
- Any persons who have been invited by Floh to assist on Events (“Host”) must be present at the Event venue assigned to them.
- To be a Host, you must apply to Floh providing details of your personal experiences which are relevant and will assist you to carry out the activities of a Host. Floh may, at its sole discretion, appoint you as a Host and assign you to Events.
- You are responsible to ensure that the Event is completed as agreed to between the Partner and Floh, act as a common point of contact for the Members, assist Members with respect to the activities at the Event, and carry out other activities as directed by Floh.
- You will be compensated in accordance with the terms agreed upon between you and Floh prior to your appointment as a Host.
- You may terminate this Agreement at any time by sending Floh an email to email@example.com.
- If you cancel your role as a Partner, any confirmed booking(s) will be automatically cancelled and the Members who have placed such booking(s) will receive a full refund.
- If you cancel your account as a Member, any confirmed booking(s) will be automatically cancelled and Floh may not offer any refund of the Subscription Fee and/or fee paid for an Event.
- If you cancel your role as the Host, you shall not be entitled to attend any Event assigned to you and Floh shall not be liable to make payments to you in regard to such an Event.
- Floh may immediately, without notice, terminate this Agreement and the Services provided to you if (i) you have materially breached your obligations under this Agreement or any other Floh policies or instructions; (ii) you have violated applicable laws, regulations or third party rights; or (iii) Floh believes in good faith that such action is reasonably necessary to protect the personal safety or property of Floh, its Members, Partners, Hosts or third parties, or their respective reputations. Floh shall not be liable to make any payments or refund any amount paid by you.
- Floh shall be entitled to terminate this Agreement without assigning any reason thereof, and Floh shall not be liable to make any payments or refunds thereof.
- If you choose to use the Floh Platform, you do so voluntarily and at your sole risk. The Floh Platform and Member Content is provided “as is”, without warranty of any kind, either express or implied.
- You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to the Events and related services you are receiving and that you are not relying upon any statement of law or fact made by Floh relating to an Event.
- Floh disclaims warranties of any kind, either express or implied, that identification checks conducted by it will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
- You agree that some Events may carry inherent risk, and by participating in those Events, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Events. You assume full responsibility for the choices you make before, during and after your participation in an Event.
- The foregoing disclaimers apply to the maximum extent permitted by applicable law.
You agree to release, defend (at Floh’s option), indemnify, and hold Floh and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement or any other Floh’s policies; (ii) your improper use of the Floh Platform or the Services; (iii) your interaction with any Member or participation in an Event, including without limitation any injuries, losses or damages of any kind, including loss of reputation, arising in connection with or as a result of such interaction, participation or use; or (iv) your breach of any laws, regulations or third party rights.
- This Agreement shall be governed in all respects by the laws of India and you agree to submit to the exclusive jurisdiction of the courts of the Urban District of Bengaluru, Karnataka.
- In the event of a dispute relating to any of the matters set out in this Agreement, the you and Floh shall discuss in good faith to resolve the dispute.
- In the event the dispute is not settled within 30 (Thirty) days, it shall be referred to mediation at the Centre for Advanced Mediation Practice (CAMP), Bengaluru, India. In case the dispute is not resolved within 30 (Thirty) days of commencement of mediation, which time limit is extendable with your and Floh’s consent, either you or Floh may refer the dispute to the courts of the Urban District of Bengaluru, Karnataka.
- Floh's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive the right to act with respect to subsequent or similar breaches.
- If a court of competent jurisdiction holds any provisions of this Agreement to be invalid or unenforceable, the remaining provisions will remain in full force and effect and be construed so as to be enforceable to the maximum extent permissible by law.
Relationship Between Parties
Floh, Members, Partners and Hosts are independent contracting parties. None of the provisions of this Agreement shall be construed to create or imply any partnership, agency, joint venture, or employer-employee relationship between them.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.