These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Flutrr Digimate Private Limited (hereinafter referred to as "Flutrr"). Terms and Conditions state the grounds on which the User can use and/ or register with this flutrr.com.

These Terms and Conditions are updated from time to time at our sole discretion and the most updated version is available on the Site at all times along with the date of last revision. Continued use by the User of the Site after any revision indicates the User’s acceptance of the updated/ revised Terms and Conditions.

By accessing the Site, and using the Services (as defined below) as offered in this Site, You become the User and become bound by, the terms and conditions of this Agreement and other Policies of Flutrr for as long as You continue to use/ visit the Site or Services.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR REGISTER WITH THE SITE OR FOR THE SERVICES. Your use, registration or participation in any manner with the Site or the Services being provided confirm, agreement to the Terms and Conditions and any applicable Policies.

We at Flutrr provide matchmaking services consisting of recommendations and suggestions based on the Users’ choices (collectively, the "Services"). Flutrr may offer additional services or revise any of the Services, at its discretion at any future date in which case these Terms and Conditions shall apply to all additional services or revised Services. All rights to cease offering any of the Services on the Site are reserved with Flutrr.

1. Eligibility

   1. You must be at least 18 years of age to create an account on Flutrr and use the Service.
   2. You have never been convicted under any law governing us or you.
   3. You are legally capable of entering into a binding contract with Flutrr.
   4. You are not barred from using the Service under the Indian laws or any other jurisdiction worldwide.
   5. You do not have any unspent convictions, or are subject to any court order, relating to assault, violence, sexual misconduct or harassment.
   6. You will not be allowed use our Website or App if youraccount has been involuntarilysuspended/ deactivated by Flutrras set forth in these Terms and Conditions.



2. Use of Site and Service

   As a User of the Site or a User registered to use any of the Services (a "Registered User"), the User acknowledges and agrees to the following:

   1. Exclusive Use. Once an account is created with the Site it is for the User’s personal use only. The User may not authorize others to use the account. The account with the Site is non assignable and non-transferable to any third party whether a person or an entity. The User acknowledges and confirms that Flutrr is not responsible for third party access to the User’s account that results from theft, hacking or misappropriation of a User’s names and passwords.
   2. Geographic Limitations. The Site and Services are currently intended for Users within the territorial jurisdiction of India and Bangladesh only. The Services and the Site at some time may be made open to other geographical locations as well and the same will be made known to the Users through notifications/ intimation on the Site. The User agrees to at all times use the Services in a manner consistent with these Terms and Conditions and any and all applicable laws including local and state laws, rules and regulations. By using the Services, as a User, You represent, that you have not been designated by any applicable law or regulation as a person / entity to whom the provisions of the Services cannot be provided and who is prohibited from receiving the Services. Registration for, and use of, the Services become void if the same have been prohibited and the User uses or registers with the Site. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
   3. Information Submitted. The User is solely responsible for, and assume all liability regarding,
   1. the information and content provided onthe Site for the Service;
   2. the information and content the User posts, transmits, publishes, shares or otherwise makes available (hereinafter "Post") to Flutrr for the Services; and
   3. User interactions (online & offline) with other Registered Users through the Services. The Site shares User information with the specific User’s matches.
   4. Risk Assumption and Precautions. All risks when using the Services and the Site, including but not limited to all of the risks associated with any online or offline interactions with others, including meeting other matches remain with the User. The User is expected to use his / her best judgement in experiencing any of the benefits/ requirements of the Services. The User agrees to take all necessary precautions when meeting individuals through the Site and under the Services. In addition, the User agrees and confirms to review and follow the recommendations set forth in the Site as pointers to Community Guidelines and/ or mailed to User from time to time. The User undertakes to adhere to the Community Guidelines and shall all times be responsible for all outcomes of meeting/ sharing information and/ or being in a short or a long term relationship through the Services/ Site. It is accepted and understood by the User that at all times the User shall use his/ her judgement and discretion in receiving the Services through the Site or proceeding with a match and/ or deciding to be in a relationship with a match here from.
   5. No Guarantees. Flutrr through the Site and its specific systems attempts to provide matches on a best effort basis, however, every User may not find ideal matches through the Services. Furthermore, Flutrr does not make any representations or guarantees regarding the number or frequency of matches through the Service, or the ability, desire or criteria of such proposed matches to communicate with the User. The User fully understands and accepts that Flutrr makes no guarantees, either express or implied, direct or indirect, regarding User’s ultimate compatibility with matches’/ individuals the User meets through the Service or as to the conduct of such individuals.
   6. Zero Tolerance for Objectionable Content or Abusive Users. Abuse, trolling, inappropriate & objectionable content such as (but not limited to) threats, nudity, obscenity etc. are an immediate violation of the Terms of Use of Flutrr. If any such violation is brought our attention via a “Report User” mechanism or other mechanism, Flutrr will take strict and relevant action against such violation including but not limited to deactivation of a User’s account as set forth in these Terms and Conditions.
   7. Reporting of Violations. The User is obligated and will promptly report at the Site any violation of the Terms and Conditions by others, including but not limited to, Registered Users as soon as the User becomes aware of the same.
   8. Content Removal. Flutrr reserves the right, but has no obligation, to monitor the information or material User submits to the Site or the Posts in the public areas of the Services or linked to other public sites. Flutrr at all times reserves all rights to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Terms and Conditions or the integrity of any other User or upon the request/ report of any third party.
   9. Posting and Communication Restrictions. The User will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, which:
   1. promotes any kind of discriminatory material, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
   2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
   3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
   4. contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without prior approval of the owner;
   5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
   6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
   7. intended to defraud, swindle or deceive other users of the Services;
   8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
   9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
   10. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
   11. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
   12. solicits gambling or engages in any gambling or similar activity;
   13. uses anything or other automated technology to access the Site or Services;
   14. uses the Site or Services for chain letter, junk mail or spam e-mails;
   15. collects or solicits personal information about anyone under 18 years of age; or
   16. is in any way used for or in connection with spamming, spamming, phishing, trolling, or similar activities.
   10. No False Information. By registering with the Site and receiving the Services the User undertakes not to provide inaccurate, misleading or false information to Flutrr or to any other user or recommended/ suggested matches. If information provided to Flutrr, or at the Site or another user subsequently becomes inaccurate, misleading or false, within the User’s knowledge then the User will promptly notify the Site of such change or discontinue usage of the Site/ Services if User does not require the Services any longer.
   11. No Advertising or Commercial Solicitation. The User undertakes not to advertise or solicit any user to buy or sell any products or services through the Site or Services. User is strictly prohibited against transmitting any chain letters, junk or spam e-mail to other users. Further, no User shall use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent of Flutrr and the other such User. It is clarified that any such use of information shall be to the sole liability and responsibility of the User engaging in such activity. Breach by any of the Users of the terms of this subsection and sending or posting unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services will cause substantial harm to Flutrr.
   12. Single Bona Fide Profile. As a Registered User of the Service, the User is expected to create only one bona fide profile. In addition, it is stressed that the use of the Service must be for bona fide relationship-seeking / matchmaking purposes in order to maintain the integrity of the Services being offered through the Site From time to time, Flutrr may or may not create test profiles in order to monitor the operation of the Services and also offers a feature to refer profiles/ prospective Users. The Users, at their will, can accept these offers and refer profiles to Flutrr. All references to the Site, made by a User shall be of his/ her free will and wish.
   13. Selection of Profiles. Flutrr may offer promotions from time to time on the Site and in the context of the Services. Please note for any promotions on the Site, the User shall be under no obligation to accept the same. The User acknowledges and accepts that the decision to whether or not to accept the promotion offered or meet or to proceed with meeting or engaging in any relationship with any suggested/ recommended matches will be the sole discretion of the User in question, Flutrr shall not be liable or responsible for any outcome whatsoever of such suggestions/ recommendations of matches or offering the promotions on the Site. It is clarified that all suggestions/ recommendations are made in good faith and with intentions of well being whether or not to explore those suggestions/ recommendations are solely and totally in the judgement and assessment of the User. User is encouraged to review Our Community Guidelines while proceeding with any match in a more committed manner.
   14. No Harassment of Flutrr Employees or Agents. The User is prohibited from harassing, annoying, intimidating or threatening any Flutrr employees or agents engaged in providing any portion of the Services. If any User breaches this provision of these Terms and Conditions, then Flutrr may take any legal action it deems appropriate against such User without prejudice to Flutrr’s any other rights in law or tort.
   15. Social Media. The Site may provide User the option to connect your Site account to any account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Service. Please note, Flutrr owes no responsibility for privacy practices of such websites which are not owned, controlled or managed by Flutrr. If in following such links User may be asked to share any information governed under these provisions with the third party websites, the User shall be solely responsible for sharing and handling, storing, possessing and use of that information with such third party websites. Usually, third party websites are governed by their own Privacy guidelines and the User is encouraged to review these carefully to understand the handling of information on third party sites. The User is aware and confirms that in such a scenario User will be governed and bound by the policies of the third party website and Flutrr will not be liable in any manner for any misuse, thereunder. Each social network allows User to set privacy controls around on their system, and Flutrr’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by Flutrr and each social networking site involved, and therefore the available features and shared information are subject to change without notice or consent of the User. All information shared on the Site by the User is used in compliance with the Privacy Policy on the Site. We recommend User reads the Privacy Policy on our Site, carefully. Once connected, some of the User matches may also be able to see information about the User’s social network, such as the size of your network and your friends, including common friends. By connecting the User account on this Site to other social networking site, the User unconditionally consents to the continuous release of information about the User to Flutrr till the User has an active registered account. It is clarified, Flutrr does not send any User account information to the connected social networking site without first disclosing that to the User. The User at all times has the right to opt-out of this provision by making alterations in the Account Settings page on the Site.
   16. Third Party recommendations. Users registered/ registering with the Site from third party corporate recommendations will have to follow all procedures and requirements specified on the Site and shall be governed by these Terms and Conditions and the Privacy Policy and are expected to consider Our Community Guidelines provided on the Site. There is no preferred User status for any User at the Site. All third party corporations recommending the Site among their work force do so as per their company policies and do not incur any liability from doing so or their referred User receiving the Services on Flutrr’s account.



3. Proprietary Rights.

   1. Ownership of Proprietary Information. The User confirms and agrees that Flutrr is the owner of highly valuable proprietary information, including without limitation, the compatibility matching system and compatibility profiles, being shared on the Site (collectively, "Confidential Information"). Flutrr owns and hereby retains all proprietary rights in the Services, the information provided in the Site and the Site, including but not limited to, all Confidential Information.
   2. No Use of Confidential Information. The User undertakes to not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted or copyrightable material, trademarks, or other proprietary information accessible via the Services, Site or the information on the Site without first obtaining the prior written consent of Flutrr, who is the owner of such proprietary rights.
   3. Other Users' Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. The User undertakes not to copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Confidential Information of Flutrr or any information copyrighted or copyrightable or not of third party proprietary information available via the Services or the Site.
   4. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to Flutrr by linking the User account with the Site to any social network accounts, the User grants unconditionally and in perpetuity, and represents and warrants that the User has the right to grant, to Flutrr and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, Flutrr may create, test or implement new features or programs on the Site in which the User may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, the User grants and unconditional and perpetual right to Flutrr and consents to terms and conditions (if any) of such features or programs.



4. User Information.

   1. Privacy Statement. For information about the collection and usage of information provided by the User of Flutrr please review the Privacy Policy on the Site.For information about the collection and usage of information provided by the User of Flutrr Hearts , please review the Privacy Policy on the Site.
   2. No Contact Information. User agrees that User will not post any e-mail addresses, personal website address, personal phone numbers on a third party website, or other contact information in the "About Me" section of the Service or in any other communications the User may have with other users. The User may, at his/ her discretion, exchange such information with his/ her preferred match at his/her own risk.
   3. Disclosure By Law. The User is aware and agrees and consents unconditionally to disclosures of information on the Site required to be made:
   1. under law by Flutrr;
   2. at the Bonafede request of a third party;
   3. any investigative requirement, or if Flutrr, in its sole discretion, believes that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Flutrr's associate/affiliate, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened; or (4) in support of a fraud/ legal investigation/ verification checks.
   4. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Terms and Conditions or the Privacy Policy, Flutrr reserves the right, but has no obligation, to disclose any information that the User submits at the Site, if in its sole opinion, Flutrr suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Information may be disclosed to authorities that Flutrr, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials, expert professional investigative agencies. The User understands the provisions of this subsection and grants Flutrr unconditional, perpetual right and permission to make such disclosure.
   5. Use of Anonymous Information for Research. By using the Services, the User permits Flutrr to anonymously use the information from the User and User experiences through the Services to continue / contribute to Flutrr’s research into successful relationships and to improve the experience and quality of the Services. Such research is conducted Flutrr, may be published in academic journals or media websites. However, all of User responses will be anonymous, and nothing containing User’s personal identifying information shall be published.



5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors/ Third Party recommendations.

   The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Flutrr, and Flutrr is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Flutrr provides these links as a convenience on the Site, and the inclusion of any link does not imply that Flutrr or the Site endorses or accepts any responsibility for the content on such third-party web site. The Users correspondence or business dealings with, or willingness of participation in promotions of advertisers or sweepstakes sponsors found on or through the Services shall be solely between the User and such advertiser or sweepstakes sponsor or third party. The User acknowledges and confirms that Flutrr will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information the User shares/ provides to Flutrr with advertisers or sweepstakes sponsors, or any third party or as the result of the presence of such advertisers or third parties on the Services. Please visit the Privacy Policy on the Site to learn more about how User information is handled by Flutrr. All Users receiving the Services or registering on the Site at the recommendation of any third party corporation do so on their risk and shall at all times be governed by the applicable Terms and Conditions and Policies on the Site. Flutrr does not warrant anything nor does it incur any liability towards such Third Party recommending Corporate. All recommendations to the Site is being made by the Third Party corporate at its own instance with no liability incurred on behalf of Flutrr.



6. Disclaimer of Warranty.

   1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FLUTRR PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" AND “BEST EFFORTS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, DIRECT, INDIRECT STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE RESULT OF THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF CORRECTNESS, VALIDITY, ACCURACY APPRORPRIATENESS, FITNESS, COMPATIBILITY FOR A PARTICULAR PURPOSE OR OUTCOME OR NON-INFRINGEMENT. FLUTRR DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET THE USER’S REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR RESULT IN THE DESIRED RESULTS. NOR DOES IT REPRESENT OR WARRANT THAT ANY MATCH RESULTING IN MARRIAGE IS OF THE HIGHEST COMPATIBILITY AND SHALL NEVER RESULT IN DIVORCE OR SEPARATION. FLUTRR DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES AT ALL TIMES AND THE RESULTS OF THE USE OF THE SERVICES. FLUTRR DISCLAIMS LIABILITY FOR THE OUTCOME OF THE VERIFICATION CHECKS FOR PARTICUALR USER EXPECTATIONS OR ASPIRATIONS AND VERIFICATION OF FACTS AND INFORMATION PROVIDED BY THE USER FOR SELF VERIFICATION/ VERIFICATION CHECKS. ANY THIRD PARTY ENTITY OR CORPORATE RECOMMENDING THESE SERVICES TO ANY USER WILL NOT BE LIABLE FOR ANY SERVICES OR RESULTS THEREOF PROVIDED TO THE USER. FLUTRR NOR ANY THIRD PARTY RECOMMENDING ENTITY WARRANTS ANYTHING ABOUT THE USAGE, RESULTS, OUTCOMES, PERFORMANCE OF THE SERVICES, EITHER DIRECTLY OR INDIRECTLY AT ANY POINT IN TIME. ALL RISKS OF RECEIVING THE SERVICES IS TO THE ACCOUTN OF THE USER WHO IS IN COMPLETE AWARENESS AND WILLINGNESS WITHOUT ANY FORCE SUSBSCRIBING TO THE SERVICES.
   2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Flutrr, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FLUTRR DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FLUTRR, OR (iii) THE BACKGROUND VERIFICATION INFORMATION PROVIDED BY THE THIRD PARTY EXPERT SERVICE PROVIDER AGENCY. UNDER NO CIRCUMSTANCES WILL FLUTRR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR ANY RELATIONSHIP RESULTING IN MARRIAGE OR ANY MARRIAGE RESULTING IN DIVORCE OR ANY BACKGROUND VERIFICATION INFORMATION BEING FALSE.
   3. New Features. From time to time, Flutrr may offer new features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Flutrr's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
   
   

7. Limitation of Liability.

   1. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLUTRR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, RESULT OF USING THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR RECOMMENDATION OF THE SITE, FAILED MARRIAGE ACHIVED THROUGH THE SITE, OUTCOME OF VERIFICATION CHECKS, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF FLUTRR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FLUTRR BE LIABLE FOR ANY LIQUIDATED OR PUNITIVE DAMAGES.
   2. No Liability for non-Flutrr Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLUTRR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, LIQUIDATED, PUNITIVE ARISING OUT OF OR RELATING TO RECOMMENDATION OF THE SITE, THE CONDUCT OF USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, FINANCIAL LOSS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES OR AS A RESULT OF USING THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM OTHER USERS OR FAILED MARRAIGES OR DIVORCE OF WEDDINGS CASUED UNDER THE USE OF THE SERVICES.
   3. New Features. From time to time, Flutrr may offer new features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Flutrr's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
   
   

8. Indemnification

   The User agrees to indemnify, defend and hold harmless Flutrr, its affiliates, subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that
   1. the User’s use of or inability to use the Site or Services,
   2. any user postings made by the User,
   3. the User’s violation of any terms of this Terms and Conditions or the User’s violation of any rights of a third party, or
   4. the User’s violation of any applicable laws, rules or regulations, or
   5. the User’s providing any false information to Flutrr or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true.
   
   Flutrr reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, the User will co-operate fully in asserting any available defences in such case
   
   

9. Communication and Privacy

   Flutrr may use the User email address to send messages notifying of important changes/ updates to the Services or special offers. Further, Flutrr may contact User by telephone provided on the Site, in order to resolve any issue that the User has raised with Flutrr. Users are requested to review our Privacy Policy carefully to understand the usage indicated here.



10. Term

    These Terms and Conditions become effective upon the User clicking on “I Accept” on the Site and will remain in effect in perpetuity unless terminated hereunder. Either the User or Flutrr may terminate the User account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Flutrr reserves the right to immediately suspend or terminate the User’s access to any of the Services, without notice, for any reason or no reason. Flutrr also reserve the right to remove the User’s account information or data from Services and any other records at any time at Flutrr’s sole discretion. Flutrr does not use the User’s information once this Terms and Conditions are terminated or the Services are not being used, however, some information/ data about the User may remain archived with Flutrr. The User may terminate the account by accessing the Account Settings or the User can stop accessing the Site and using and receiving the Services.



11. Suspension/Deactivation of Account

    Fluttr may at its sole discretion suspend a Users account for atleast fifteen (15) days or such duration as Fluttr shall deem appropriate, by giving warning to the User, if a User misuses the Website or App or if the User violates any policies or terms and conditions as set forth by Fluttr, including but not limited to the Community Guidelines. If a User continues to misuse or violate the terms and conditions and policies of Fluttr, then Fluttr shall permanently deactivate such Users account.

FLUTTR SHALL NOT BE LIABLE FOR ANYTHING WHATSOEVER FOR SUSPENDING OR DEACTIVATING A USERS ACCOUNT

Where Fluttr deems necessary, Fluttr may at its sole discretion immediately permanently deactivate a Users account if a User misuses or violates any policies or terms and conditions set forth by Fluttr.

The content that the User provides for the other User’s to view is at his/her own discretion. It is the User’s responsibility to use content of genuine and legal nature for his/her profile and communication with the other Users on Flutrr. If any content is reported by a User to be in violation of the above, Flutrr can choose to either block or terminate the account.

12. Renewal Policy

    In order to provide continuous service, some subscriptions for the Services on the date such subscriptions expire are renewed automatically. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). In addition, there could be times with special promotional offers are issued for renewals of different durations than the original. All renewal periods are communicated to the User upon confirmation of subscription. By accepting these Terms and Conditions the User acknowledges that the User account will be subject to the above-described automatic renewals. All User information stored and retained by Flutrr is subject to the Privacy Policy and handled as per the Privacy Policy.



13. Cancellation Policy

    The User shall not be allowed to cancel any purchased feature of our app.

    Refund Policy

    No refund shall be processed once payment is processed.

    Any technical delay or glitch reported on the app during the processing of the request shall not be eligible for claiming a refund. The User agrees that the timelines are approximate, and all essential steps would be taken to adhere to the timelines as displayed.

    No refund shall be processed for the reason that incorrect information or data has been provided by the User. The User agrees to be careful while providing any information to the Website and must re-check the information filled before clicking on “Proceed for Payment”.

    In case the app or Payment gateway’s webpage, linked to the app, is experiencing any server-related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

    1. If the Bank Account appears to be debited: Ensure that the User does not make the payment twice and immediately thereafter contact the Website via customer care to confirm payment.
    2. If the Bank Account is not debited: The User may initiate a fresh transaction to make payment.

    However, a refund for multiple payments, if any, even after the above precautions against the same order, shall be refunded in full without deduction of the transaction charges as mentioned above. The app shall only retain the cost of one single order as intended to be placed by the User.

    
    

14. GENERAL PROVISIONS.

    1. Relationship This is a principal-to-principal relationship and does not attempt to create any employee-employer or agency relationship. Services are being provided by Us as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties hereto or any affiliates or subsidiaries thereof or to provide the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of Flutrr.
    2. Assignments. Flutrr may assign, in whole or in part, the benefits or obligations of this Agreement to its associate’s of affiliates of other group company, or any other company, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Flutrr shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User.
    3. Force Majeure. Flutrr shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Flutrr, Payment Gateways or any other channel partners.
    4. Governing Law, Settlement of Disputes and Jurisdiction. Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Flutrr. The arbitration proceedings shall be held in English language at Kolkata. The courts at Kolkata shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
    5. Waiver. Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
    6. Survival of Provisions. Terms and Conditions will survive termination of the same by the User or by Flutrr.
    7. Severability. If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
    8. Notices. All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be support@flutrr.com, if to Flutrr, if to the User it shall be to address registered with the Site.
    9. Terms and Conditions, Privacy Policy and other policies on the Site or made known by us from time to time, comprise the entire agreement between the User and us regarding the use of this Service, superseding any prior agreements/ correspondences between the User and us related to the User’s use of this Site or Services (including, but not limited to, any prior versions of Terms and Conditions). If any provision of the Terms and Conditions are held invalid, the remainder will continue in full force and effect. The titles are for convenience only and have no legal or contractual effect.