Flochat – TERMS OF SERVICE

Last Updated : 9th May 2018
  1. Introduction
  2. Welcome to Flochat!
    Flochat provides messaging, Internet calling, voice chats, teleporting (unique selfie clicking platform) and other services to users within India. These terms of use outline the terms and conditions between you("you","your or "yours") and Yagerbomb Media Private Limited (hereinafter referred to "we"/"our"/"us") (which expression shall include its successors and assigns) govern your access to the Flochat messenger application (the "Flochat") and use of services provided by or on behalf of us or our affiliate companies including the services related to teleporting activity conducted between users, Flochat bot and Flochat Discovery (collectively, "Services") and constitutes a binding legal agreement ("Terms")

    By downloading, installing, accessing or using Flochat and/or Services, you are not only accepting this Agreement unconditionally but are also confirming that you have the right and capacity to enter into this Agreement. Your continued use of Flochat and/or Services offered through Flochat will imply your acceptance of the conditions contained under these Terms and the amendments thereto as may be done form time to time.

    Please read these Terms carefully before you use Flochat and/ or Service offered by us through Flochat. These terms control the relationship between us and you. However, please note that they do not create any third party beneficiary rights.

    If you do not accept the Terms stated herein, we request you to kindly stop using Flochat and/or Services thereto immediately.

    Upon reviewing the Terms if you have any query or need any clarification or if you wish to send us any notice/s in relation to, these Terms, please contact us at contact@flochat.in.

  3. CONTRACTING ENTITY
    1. Flochat and/or the Services should only be used or accessed by you if you are legally considered to be an adult where you reside (as per the age of majority under the laws applicable in the concerned jurisdiction), and are competent to enter into a legally binding contract (as per the provisions of the laws applicable in the concerned jurisdiction).
    2. If you are a minor between ages of 13 and 18 years (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Flochat and/or Services thereto. Also you must use Flochat and/or Services only with the involvement of your parent or guardian.
    3. It must be noted that if you are under the age of 13 years, you are not allowed to create an account and you must not use Flochat and/or Services.
    4. If you are using Flochat and/or Services on behalf of a company, partnership, association, government or other organisation ("Organisation"), you warrant that you are unconditionally authorised to do so and that you are authorised to bind your Organisation unconditionally to these Terms. In such circumstances, “you", "your" or "yours will include your Organisation.

  4. COMPLIANCE WITH THESE TERMS
  5. These Terms apply to you if you are a user of Flochat and/or Services anywhere in the world. Please review these Terms and our policies and instructions to understand how you can and cannot use Flochat. You must comply with these Terms in your use of Flochat and only use Flochat as permitted by applicable laws and regulations, wherever you may be when you use them. If you do not agree to these Terms, you must not use Flochat.

  6. ADDITIONAL TERMS AND POLICIES
  7. We offer a diverse range of services and features within Flochat, so in addition to these Terms, there are certain additional terms and policies that may be applicable to your use of all or part of Flochat, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.

    1. Flochat policies
    2. The following are additional policies that you must comply with in using Flochat :

      1. Flochat Privacy Policy : which sets out how we collect, store and use your personal information, as well as our policy on the use of tracking technologies; and
      2. Flochat Acceptable Use Policy : which sets out rules of good behaviour applicable to your use of Flochat.

    3. Terms applicable to specific Flochat features
    4. Some of our services and features have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms. Such service-specific terms include :

      1. GIF Licence Agreement : Flochat has entered into a service agreement with Tenor, INC to enhance messaging experience for the Users of Flochat by providing a GIF Keyboard. Flochat represents that the GIF keyboard feature shall form part of Flochat as consequence of the GIF Licence Agreement entered between the parties therein. By using the GIF keyboard feature of Flochat services you hereby agree to the terms of service and all other policies as provided in Tenor Terms of Service and/or part of such other policies of TENOR INC.
      2. Discovery Platform Agreement : You shall have access to Flochat’s discovery features powered by various Flochat Partners. You hereby agree that you shall be a customer by default of the each service provider/Flochat Partner hosted on the Flochat Platform. By agreeing to these Terms of Service you hereby expressly undertake to agree to the terms and conditions of service of each service provider hosted on the Flochat platform. You expressly agree and acknowledge that Flochat is not responsible for the service delivery by any of the Flochat Partners hosted on the Flochat platform.

      Each service provider is responsible for collating and maintaining records of payment details of the user and authorization of the payment when the user decides to use on the Flochat platform, in accordance with the provisions as stated in its internal policies, terms and conditions of the respective service provider.

  8. APPLICATION
    1. The Application (Flochat) is an online platform which enables you to engage in peer-to-peer (P2P) interaction with other users and avail Services made available to you by us through Flochat. We may at our discretion allow you to use some of the Services free of charge. Our Services are very diverse and additional terms or product requirements (as may be available) may apply to certain Services. These additional terms shall be made a part of these Terms by their reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.
    2. We may from time to time provide updates to the Application. Such updates may occur automatically or manually as per the Settings set forth by you in your device. Please note that the Application may not operate properly or at all if upgrades or new versions are not installed by your system
    3. You can download Flochat from third party application stores such as Google Play and Apple App Store, subject to the terms and conditions and the privacy policy of such third party application stores.

  9. GRANT OF LICENSE
    1. Your License to Flochat :
      1. In order to operate and provide our Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable, and transferable license to host, store, use, copy, reformat, modify, translate, reproduce, distribute, create derivative works from, display, and publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed) the information (including the content) that you upload, submit, store, send, or receive on or through our Services. This licence is for the sole and limited purpose of letting you use and enjoy the Flochat and/or Services in a way that our Terms allow.
      2. You must not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse compile, reverse engineer or extract source codes of that software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Flochat App, you will first contact us to request the information you need.
      3. In addition to granting us the aforementioned rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content posted by you in any form and in any and all media or distribution methods (now known or later developed).

    2. Flochat’s License to You:
      1. We grant you a limited, personal, royalty-free, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use Flochat and/or Services, subject to and in accordance with our Terms(including any specific technical requirements that relate to the Flochat Apps or its use on your particular device). This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
      2. We reserve the right to delete any content (i) which we think violates these Terms, or (ii) if necessary to comply with our legal obligations. However, you alone, remain responsible for the content you create, upload, post, send, or store through Flochat and/or Services.

  10. YOUR ACCOUNT
    1. You may need to create an account with us, using your mobile device, in order to access and use Flochat. However, by accepting the Terms, there are certain commitments which you make to us relating to registration and maintenance of security of your account:
      1. You will not provide any false personal information on Flochat, or create an account for anyone other than yourself without our prior permission.
      2. You will not create more than one personal account.
      3. If we disable your account, you will not create another one without our prior permission.
      4. You are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account without our prior permission.
      5. You will not use Flochat if you are under 13.
      6. You will not use Flochat if you are a convicted sex offender.
      7. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
      8. Your account name, user ID and other identifiers you adopt within Flochat remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
      9. You will not log in or attempt to access the Services through unauthorised third-party applications or clients.

    2. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your device and your account to prevent unauthorized use of your account on Flochat. You must promptly notify us at contact@flochat.in if you know or suspect that your password or account has been compromised or is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up. We will regard all use of your account on Flochat as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
    3. We will endeavor to ensure error-free availability of the Application or Services or contents thereof to you, however your access to the Application may occasionally be suspended or restricted for repairs, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.

  11. YOUR ACCOUNT DEACTIVATION
    1. Flochat may offer methods for deactivating your service-specific account – please refer to Flochat for further guidance (if available) from time to time and for further information you can contact contact@flochat.in.
    2. We reserve the right to deactivate your account due to prolonged inactivity, and we may reclaim your account name, user ID and other identifiers at any time for any reason.

  12. YOUR CONTENT
  13. When you create, submit, upload, transmit, store or display any data, information, media or other content, including but not limited to photos, profiles (including your name, images and voice), stories, messages, information, text, video, music, teleporting activity conducted between users, third party links and automatic submission of your ‘last seen’ time in connection with your use of Flochat ("Your Content"), you understand and agree that:

    1. You will be solely responsible for Your Content that you upload, transmit, share or display through Flochat and/or Services;
    2. We will not sell Your Content to any third party;
    3. Flochat does not guarantee the validity, accuracy or legal status or confidentiality with respect to Your Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcast, transfer or disclosure of Your Content
    4. You are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Flochat and our other services, including new services that we may provide in the future. All such use will be in accordance with our Flochat Privacy Policy;
    5. In using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
    6. We may share Your Content with third parties that we work with to help provide, promote, develop and improve Flochat, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Flochat);
    7. We may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
    8. You will comply with these Terms, including our Flochat Acceptable Use Policy, in your submission of Your Content.
    9. You confirm and warrant that Your Content does not violate the representation and warranties you provide under these Terms.
    10. You agree and acknowledge that if you transmit Your Content through Flochat and/or Services, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant Flochat and our affiliates all of the license rights granted herein.
    11. Any comments or suggestions you may provide regarding Flochat and/or Services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

    You may be able to create certain content within Flochat, such as GIFs. Such content is part of Your Content, and is subject to these Terms.

    In addition, you agree that we and our affiliate companies (subject to these Terms, our Flochat Privacy Policy and applicable laws and regulations):

    1. Are allowed to retain and continue to use Your Content after you stop using Flochat – for example, where you have shared Your Content with other users of Flochat;
    2. May be required to retain or disclose Your Content in order to: (a) comply with applicable laws or regulations; (b) comply with a court order, subpoena or other legal process; or (c) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
    3. May need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Flochat.

    You understand that even if you seek to delete Your Content from Flochat, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Flochat. We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

  14. RESPONSIBILITY FOR YOUR CONTENT
  15. You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through Flochat and/or Services; that the content is accurate; that the content is lawful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Yagerbomb Media Private Limited and its affiliates for all claims arising from Your Content. Flochat has the right but not the obligation to monitor and edit or remove any activity or content. Yagerbomb Media Private Limited takes no responsibility and assumes no liability for any content submitted by you or any third party.

  16. SAFETY
  17. We try our best to keep Flochat and/or Services safe place for all users, but we cannot guarantee it. We need your help to keep Flochat safe, which includes the following commitments by you:

    1. You will not post unauthorized commercial communications (such as spam) on Flochat and/or Services.
    2. You will not collect users' content or information, or otherwise access Flochat, using automated means (such as harvesting bots, robots, spiders, crawling, scraping, caching or otherwise) without our prior permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Flochat and/or Services.
    4. You will not upload viruses or other malicious code or otherwise compromise security of Flochat and/or Services.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
    9. You will not use Flochat to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Flochat and/or Services.
    11. You will not facilitate or encourage any violations of this Term or our policies.
    12. You will not use Flochat and/or Services for any illegal activities.
    13. You will not impersonate or pretend to be someone you are not – including your friends, celebrities, brands or other organisations.

  18. DATA CHARGES AND MOBILE PHONES
    1. You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
    2. If you change or deactivate the mobile phone number that you used to create a Flochat account, then you may create a fresh account from the new mobile number.

  19. AUDIO AND VIDEO CALL TERMS
    1. You understand that Flochat does not provide calling or connections to telephone numbers and Flochat’ audio and video calling services can be used only within the closed Flochat network.
    2. Video Call: You understand that when you use Flochat’s video calling feature to call other Flochat users, your live feed will be displayed on the receiver’s phone screen.
    3. Emergency Calls: You understand and agree that Flochat and/or Services are not capable of placing or receiving emergency services calls.

  20. COMMUNICATIONS
  21. We may communicate with you through e-mail, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using Flochat, you consent to receive such communications from us in relation to Flochat and/or Services, your account information or any updates/ changes to Flochat and/or Services and/ or other promotional or marketing communications from us.

  22. CONTESTS AND PROMOTIONAL EVENTS
    1. We may from time to time organize contests, draws or other such promotional events (“Events”). In order to be eligible for participation in such Events you must be 18 years old or above and a citizen of the Republic of India. In the event that you are below 18 years old, your participation must be supervised by your parents or legal guardian. Our employees, affiliates or agents or any entity directly involved in the development or administration of any Event, and the members of their immediate families (defined as spouse, parents, siblings, children, grandchildren, including "in­-laws" of each) are not eligible to participate in such Events.
    2. We reserve the right to (1) disqualify any participant; and/or (2) disqualify or exclude any entries; from an Event, for any reason, including without limitation, violation of these Terms or any portion thereof. Further, we reserve the right to disqualify all entries that do not meet the rules and regulations applicable to an Event or are submitted with invalid or incorrect information. Unfair or unethical methods of participation may result in disqualification. In the event that any winner is disqualified from an Event, we, at our sole discretion, may decide whether a replacement winner should be selected.
    3. Participants who win such Events shall be notified, either by a notification in the Application, SMS or phone call. Winners who are not reachable/contactable for five (5) consecutive working days shall be automatically disqualified and we shall draw an additional winner to substitute the disqualified winner.
    4. Any rewards to which winners may be entitled to, shall be given on ‘as is’ basis and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) will not be exchangeable, replaceable or returnable under any circumstance whatsoever. We reserve our rights to substitute such rewards with rewards of equal or greater value. We shall be entitled to withhold tax deducted at source as per applicable laws.
    5. Winners shall be required to provide a valid identification card with photo prior to claiming their reward. In the event a winning participant is below 18 years old their parent or legal guardian will be required to provide a valid identification card and sign a consent form for the participant to be able to claim their reward. In the event that the winning participant fails to provide a valid identification card or a signed consent letter and a valid identification card within 30 days of first contact by us, the participant shall be automatically disqualified and we shall draw an additional winner to substitute the disqualified winner.
    6. We reserve the rights to amend/change the terms applicable to an Event without any liability to the participants. We reserve the right to withdraw or discontinue any Event at any stage without incurring any liability whatsoever. Our decisions on all matters pertaining to such Events will be final and binding.

  23. CHANGES TO THESE TERMS AND Flochat
  24. We may make changes to these Terms over time, so please come back and review them. In addition, as Flochat and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Flochat (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether. Where we consider that any changes to these Terms or Flochat are reasonably material, we will (where reasonably practicable) notify you (via https://www.flochat.in, direct communication to you or other means), prior to the change becoming effective. By continuing to use Flochat after we make any changes to these Terms or Flochat, with or without notice from us, you are agreeing to be bound by these revised Terms.

  25. THIRD PARTY CONTENT AND SERVICES
    1. There may be links from Flochat and/or Services, or from communications you receive from Flochat and/or Services, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Flochat and/or Services. Flochat and/or Services also include third-party content that we do not endorse, support, maintain, control or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Flochat, including content provided by users of Flochat or by our advertisers. Functionality on Flochat and/or Services may also permit interactions between Flochat and/or Services and a third-party web site or feature, including applications that connect the Flochat and/or Services or your profile on the Flochat and/or Services with a third-party web site or feature. For example, Flochat and/or Services may include a feature that enables you to share Your Content from Flochat and/or Services or Your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
    2. We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Flochat and we will bear no responsibility for your use of or relationship with any such third parties or third party services. We may review (but make no commitment to review) content or third party services made available through Flochat and/or Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Flochat and/or Services. There may be, from time to time, third party content and services on Flochat and/or Services that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Flochat and/or Services. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
    3. You acknowledge and agree that by using Flochat and/or Services, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Flochat and/or Services by you is at your own risk. Your use of Flochat and/or Services does not give you any rights in or to any content you may access or obtain in connection with your use of Flochat and/or Services.
    4. You may choose, at your sole and absolute discretion and risk, to use applications that connect Flochat and/or Services or your profile on the Flochat and/or Services with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on Flochat and/or Services being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not ourselves provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold us harmless for activity related to the Application. In addition to the foregoing sub-clauses in Clause 18 herein, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Application. Any reliance on or use of such Application is at your own risk. You must comply with any additional terms and conditions applicable to any such Application. We do not provide any technical support for any Application. Please contact the relevant supplying third party for such technical support.
    5. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH FLOCHAT, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES, APPS OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN FLOCHAT.

  26. OPEN SOURCE SOFTWARE
  27. Further to the "Third Party Content And Services" section above, Flochat may use software that is subject to "open source" licences (the " Open Source Software"). Where we use such Open Source Software, please note that:

    1. There may be provisions in the Open Source Software's licence that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; and
    2. We will credit the relevant Open Source Software (including notifying you of the relevant Open Source Software terms) within Flochat, within an Appendix to these Terms and/or in another manner.

  28. OUR INTELLECTUAL PROPERTY RIGHTS
    1. Flochat and/or Services contains content (including any future updates, upgrades and new versions to all such Flochat App) owned or licensed by Yagerbomb Media Private Limited or any of its affiliates (“Flochat Content”). Flochat Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in Flochat Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Flochat Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Flochat Content.
    2. Flochat name and logo are our exclusive trademarks, and must not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, domain names, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ours, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
    3. For the purposes of these Terms, "Flochat App" includes any items, content or features (the “Items") within the Flochat App – for example, Gifs, Stickers or other downloadable items such as youtube video, music within Flochat, and any content accessed or used by you within Flochat. We may license these Items to you upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from Flochat at any time, with or without notice, and we have no liability to you in the event that we exercise these rights. We may in our discretion provide technical support for Flochat (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.

  29. INFRINGEMENT OF RIGHTS
  30. We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact contact@flochat.in.

  31. USE OF YOUR DEVICE BY Flochat
  32. In order for us to provide Flochat to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Flochat – for example, we may need to use your device's processor and storage to complete the relevant Flochat App installation, or we may need to access your contact list to provide certain interactive functions within Flochat. You agree to give us such access to and use of your device. We will provide further information regarding how Flochat uses and accesses your device within Flochat or in another manner (e.g. via the relevant app store as part of the installation process for Flochat on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Flochat to you. Any Personal Information (as defined in the Flochat Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Flochat Privacy Policy.You may need an adequate internet connection in order to authentic your Flochat account or use Flochat. You may also be required to activate certain functionalities within Flochat in the manner described within Flochat. You may not be able to use certain functionalities within Flochat if you do not comply with such requirements. Please note that we are not responsible for any third party charges you incur (including any charges from your internet, telecommunication services providers and order within our app for the services such as cab, food etc. ) in relation to or arising from your use of Flochat or Flochat related services.

  33. WARRANTY AND DISCLAIMER
  34. WE WARRANT TO YOU THAT WE WILL PROVIDE FLOCHAT AND /OR SERVICES USING REASONABLE CARE AND SKILL. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, FLOCHAT AND/OR SERVICES (INCLUDING ANY Flochat App) IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER YAGERBOMB NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "FLOCHAT PARTIES") MAKE ANY REPRESENTATION OR WARRANTY OR ENDORSES OR GIVES ANY UNDERTAKING IN RELATION TO FLOCHAT AND/OR SERVICES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, IN PARTICULAR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS RELATING TO ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY FLOCHAT AND /OR SERVICES, INCLUDING:

    (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT FLOCHAT AND/OR SERVICES WILL BE UNINTERRUPTED, WITHOUT DELAYS, DISRUPTIONOR IMPERFECTIONS OR SECURE OR ERROR-FREE OR HAS REQUISITE SYSTEM INTEGRATION OR FREE FROM VIRUSES; OR (II) THAT FLOCHAT AND/OR SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT FLOCHAT AND/OR SERVICES WILL BE OF MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, FIT FOR A PARTICULAR PURPOSE OR (IV) FLOCHAT CONTENT; OR (V) YOUR CONTENT; OR (VI) OTHER USER CONTENT; OR (VII) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FLOCHAT AND/OR SERVICES; OR (VIII) NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON; OR (IX) TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

    THE FLOCHAT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE FLOCHAT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FLOCHAT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

    BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

    THE FLOCHAT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

  35. LIMITATION OF LIABILITY
  36. UNDER NO CIRCUMSTANCES WILL THE FLOCHAT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

    1. ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; OR
    2. ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS;OR
    3. ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; OR
    4. ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; OR
    5. IMPROPER OR UNAUTHORISED USE OF FLOCHAT; OR
    6. YOUR CONTENT; OR
    7. YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF FLOCHAT BY YOU IN BREACH OF THESE TERMS; OR
    8. FLOCHAT CONTENTS; OR
    9. ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FLOCHAT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; OR
    10. ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
    11. ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR
    12. ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR
    13. ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF CONTENT OR DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FLOCHAT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
    14. ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
    15. FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
    16. IN NO EVENT WILL THE FLOCHAT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FLOCHAT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE THOUSAND ONLY (Rs.1,000/-).

    YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FLOCHAT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FLOCHAT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FLOCHAT PARTIES.

    WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

    IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.

  37. INDEMNITY
  38. You agree to defend, indemnify, and hold Flochat Parties harmless from and against any claims, proceeding, suits, liabilities, damages, losses, demands, costs, expenses of any kind (including reasonable attorney fees and costs) brought by third parties resulting from or relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of Flochat and/or Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you; or (d) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; or (e) any violation of laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities or contractual obligation and any claims, demands, notices pursuant to such violation; or (f) your negligence or misconduct. You will cooperate as fully as required by us in the defense or settlement of any Claim. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this clause once we learn of it. These obligations will survive termination of these Terms.

  39. TERMINATION
  40. These Terms will apply to your use of Flochat until your access to Flochat is terminated by either you or us. We may suspend or terminate your access to your account or any or all of Flochat: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Flochat creates risk for us or for other users of Flochat, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Flochat for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination. Upon termination of your access to Flochat (in whole or in part), you will immediately permanently delete all copies of Flochat App to which the termination relates and you will immediately cease accessing and using any such Flochat Services.

  41. RETENTION AND BACK-UP OF YOUR CONTENT
  42. Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the Flochat Privacy Policy). Where we suspend or terminate all or part of Flochat, or where your access to Flochat is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content. You acknowledge that your Content may be archived on the server for a period of thirty (30) days from the date of deletion of the Flochat app/ account from your device.

  43. GENERAL
  44. These Terms are the entire agreement between you and us in relation to Flochat. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms. No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

  45. GOVERNING LAW AND JURISDICTION
  46. These Terms are governed by and construed in accordance with the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at Mumbai, India for all disputes arising out of or relating to these Terms.

  47. DISPUTE RESOLUTION
  48. If any controversy, disputes, differences or claims arise between you and us relating to or arising out of Flochat and/or Services or the Terms with regard to the interpretation or the performance of these Terms, the same shall be referred to arbitration before a sole arbitrator appointed mutually and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended or re-enacted, from time to time. The arbitration proceedings shall be conducted in the English language and any awards shall be reasoned. The venue and seat of arbitration shall be Mumbai and the award of the arbitrator shall be final and binding on the Parties. You agree that any controversy, disputes, differences or claims arise between you and us relating to or arising out of Flochat and/or Services or the Terms must be filed within one year after such controversy, disputes, differences or claims arose; otherwise, your claim is permanently barred.

  49. TERRITIORIAL RESTRICTION
    1. The information provided within Flochat and/or Services 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. We reserve the right to limit the availability of Flochat and/or Services or any portion thereof, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provides.
    2. If you are a user of Flochat and/or Services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
      1. If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
      2. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
    3. If you are a user of Flochat and/or Services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
      1. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.
      2. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.
      3. If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
        1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
        2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

  50. SEVERABILITY
  51. If any part of these Terms is held to be unenforceable, then that provision will be severed from these Terms and the remainder of these Terms will be valid and enforceable.

  52. THIRD PARTY SERVICES
  53. You hereby agree and undertake that in addition to abiding by these Terms you will be bound by the terms of service, privacy policy and relevant policies of the following third party service providers as stated in the policies therein of each third party service provide. We shall not be liable or held responsible if you violate or breach any of the terms of service, privacy policy or other policies of any third party service provider of Flochat, as agreed by you in the policies thereunder. You hereby undertake to indemnify for any third party claims arising therefrom.

    Prior to using any of the following services, please refer to the links below:

    1. For use of YouTube services - https://www.youtube.com/static?template=terms
    2. For use of Ola services - https://www.olacabs.com/info/faqs#termsAndConditions
    3. For use of Uber services - https://www.uber.com/en-IN/legal/terms/in/
    4. For use of Jugnoo services - https://www.jugnoo.in/#/terms
    5. For use of Zomato services - https://www.zomato.com/conditions
    6. For use of BookMyShow - https://in.bookmyshow.com/terms-and-conditions
    7. For use of Bing search - https://www.microsoft.com/en-in/servicesagreement/
    8. For use of Riffsy services - https://www.tenor.co/legal-terms
    9. For use of DineOut services - https://www.dineout.co.in/termsandconditions
    10. For Use of coupondunia Services - https://www.coupondunia.in/terms-service
    11. For use of Googlemaps services - https://www.google.com/maps/
    12. For use of Weather services - https://www.worldweatheronline.com/
    13. For use of Groupon services - https://www.groupon.com/
    14. For use of Careem services - http://www.careem.com/