Terms & Conditions

Please read these terms and conditions carefully before using our platform.

Effective Date: July 19, 2025 | Last Updated: 17/09/2025

General Terms and User Agreement

This section establishes the foundational legal relationship between the service provider, Fleamela (hereafter referred to as "the Company," "We," "Us"), and all individuals or entities who access or use its services ("You," "User"). The primary objective is to create a legally binding contract. Under Indian law, specifically the Information Technology Act, 2000, electronic contracts are granted legal recognition and enforceability, provided they meet the essential requirements of a valid contract under the Indian Contract Act, 1872. By clearly stating that the act of accessing or using the platform constitutes acceptance of these terms, this document forms a "clickwrap" or "browsewrap" agreement. This is a critical first step in establishing a clear legal framework that governs all interactions on the platform and is a prerequisite for enforcing the obligations and limitations contained herein.

Clause 1: Acceptance of Terms

By accessing, browsing, registering on, or using the website, the associated mobile application, or any services provided by Fleamela (collectively, the "Platform"), You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions. This document, along with the Privacy Policy and any other policies, guidelines, or amendments that may be presented to You from time to time, are incorporated herein by reference and shall constitute a single, legally binding agreement between You and the Company. If You do not agree to these Terms and Conditions, You must immediately cease all use of the Platform. Your continued use of the Platform shall signify Your unequivocal acceptance of these terms and any subsequent modifications.

Clause 2: Scope and Applicability

These Terms and Conditions apply to all users of the Platform, without limitation. This includes individuals or entities who list, promote, and sell tickets for events ("Organizers" or "Sellers") and individuals who browse, discover, and purchase tickets for such events ("Attendees" or "Consumers"). These terms govern Your access to and use of the Platform, whether accessed via a computer, mobile device, or any other technology or software. Where Users are below the Age of Majority (18 years), it is presumed that they are accessing the Platform under the supervision of a parent or legal guardian, who shall be bound by these terms on the minor's behalf.

Section 1: Definitions

The definitions provided in this section are not merely for lexical clarity; they are of paramount legal significance. By aligning the platform's terminology with the specific definitions provided in key Indian statutes, we strategically position the Company within established regulatory frameworks. This precision is essential for claiming specific legal protections, such as the "safe harbour" for intermediaries, and for ensuring compliance with statutory obligations.

Unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:

1.1. "Attendee" or "Consumer" means any User who avails or purchases the services offered by an Organizer on the Platform, such as purchasing a ticket for an event. This aligns with the definition of "consumer" under the Consumer Protection Act, 2019.

1.2. "Company," "We," "Us" refers to Fleamela Technologies Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at Block L, Embassy Tech Village, Outer ring Road, Bellandur - 560103, Bengaluru, India.

1.3. "Data Fiduciary" shall have the meaning ascribed to it in the Digital Personal Data Protection Act, 2023. For the purposes of this agreement, the Company is the Data Fiduciary with respect to the personal data of its Users.

1.4. "Data Principal" shall have the meaning ascribed to it in the Digital Personal Data Protection Act, 2023. For the purposes of this agreement, the User is the Data Principal.

1.5. "Event" or "Flea Market" means any event, gathering, show, or activity listed by an Organizer on the Platform for which tickets are offered for sale.

1.6. "Intermediary" shall have the meaning ascribed to it in Section 2(1)(w) of the Information Technology Act, 2000. The Company is an Intermediary as it provides a platform to receive, store, and transmit electronic records on behalf of its Users.

1.7. "Marketplace E-commerce Entity" shall have the meaning ascribed to it in the Consumer Protection (E-commerce) Rules, 2020. The Company operates as a Marketplace E-commerce Entity as it provides a digital platform to facilitate transactions between Buyers (Attendees) and Sellers (Organizers).

1.8. "Organizer" or "Seller" means any User who lists, promotes, offers for sale, or sells tickets to Events on the Platform. This aligns with the definition of "seller" under the Consumer Protection (E-commerce) Rules, 2020.

1.9. "Payment Aggregator" (PA) means an entity that facilitates e-commerce sites and merchants to accept various payment instruments from customers. The Company's payment processing activities fall under this definition as per the Reserve Bank of India (RBI) guidelines.

1.10. "Personal Data" shall have the meaning ascribed to it in the Digital Personal Data Protection Act, 2023, meaning any data about an individual who is identifiable by or in relation to such data.

1.11. "Platform" refers to the website located at www.fleamela.com, the associated mobile application, and any other related services, software, or technology provided by the Company.

1.12. "Processing" in relation to Personal Data, shall have the meaning ascribed to it in the Digital Personal Data Protection Act, 2023, and includes operations performed on digital personal data.

1.13. "Services" refers to the totality of services provided by the Company through the Platform, including providing a marketplace for listing and discovering Events, facilitating ticket sales, and processing payments.

1.14. "User" means any person who accesses, browses, or uses the Platform in any manner, and includes Organizers and Attendees.

1.15. "User Content" means any content, data, information, text, images, videos, logos, or other materials that a User posts, uploads, or otherwise makes available on the Platform.

Section 2: Platform Services and Role as an Aggregator

Clause 2.1: Description of Services

The Platform is a technology service that acts as an online marketplace. It enables Organizers to create, promote, and sell tickets for their Events. It simultaneously enables Attendees to discover a wide variety of Events and purchase tickets to attend them. The Company's role is strictly limited to providing this technology Platform as a Software-as-a-Service (SaaS) and facilitating the transactions between Organizers and Attendees.

Clause 2.2: Acknowledgment of Intermediary Status

All Users hereby expressly acknowledge and agree that the Company is an "Intermediary" as defined under the Information Technology Act, 2000, and a "Marketplace E-commerce Entity" under the Consumer Protection (E-commerce) Rules, 2020. The Company's role is that of a facilitator. The Company does not host, organize, or conduct any of the Events listed on the Platform, nor does it act as an agent for any Organizer. The contract for the sale of a ticket and the subsequent provision of the Event is a direct, bipartite contract between the respective Organizer and Attendee. The Company is not a party to this bipartite contract and shall bear no responsibility or liability for the execution, quality, safety, legality, or any other aspect of the Event itself.

Section 3: User Accounts, Obligations, and Acceptable Use

Clause 3.1: Account Registration and Security

To access certain features of the Platform, You must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. The Company reserves the right to suspend or terminate Your account if any information provided is found to be inaccurate, not current, or incomplete. You are solely responsible for safeguarding Your password and for all activities that occur under Your account. You agree to notify the Company immediately of any unauthorized use of Your account.

Clause 3.2: User Warranties and Representations

By creating an account and using the Services, You represent and warrant that:

You are at least 18 years of age and competent to enter into a legally binding contract.
All information you submit is truthful and accurate.
Your use of the Platform does not violate any applicable law or regulation.
If you are an Organizer, you possess all necessary licenses, permits, and authorizations required to legally organize, promote, and conduct the Events you list on the Platform.
You are the rightful owner of, or have explicit permission to use, all User Content you post on the Platform.

Clause 3.3: Acceptable Use Policy (AUP)

You agree not to use the Platform to host, display, upload, modify, publish, transmit, store, update or share any information that violates applicable law or regulation. This policy is designed to ensure a safe and lawful environment for all users and to comply with our obligations as an Intermediary under Indian law. Any violation of this AUP may result in the immediate suspension or termination of Your account and removal of the offending content, without prejudice to any other legal remedies available to the Company.

Section 4: Data Protection, Privacy, and Consent Framework

Clause 4.1: Privacy Policy

The Company has established a comprehensive Privacy Policy that details our practices regarding the collection, use, storage, and disclosure of Your Personal Data. The Privacy Policy is an integral part of this agreement and is hereby incorporated by reference. You are strongly encouraged to read the Privacy Policy carefully to understand how we handle your data.

Clause 4.2: Consent for Processing of Data for Core Services

You acknowledge and agree that by registering for an account and using the Platform's core Services (i.e., listing, discovering, or purchasing tickets for Events), You provide your consent for the Company to collect and process such Personal Data as is necessary for the performance of these Services. This includes, but is not limited to, Your name, contact information, and payment details for the purpose of account creation, transaction processing, ticket generation, and communication related to your specific transactions.

Clause 4.3: Specific Consent for Promotional & Marketing Activities

The Company may wish to use Your business details and User Content for promotional and marketing purposes. This processing is not essential for the provision of the core Services and requires Your separate, explicit consent. By providing Your explicit consent through the designated opt-in mechanism, You expressly agree that We may use Your business details for our promotional and marketing activities. This consent is entirely voluntary and is not a precondition for using our core Services. You have the right to withdraw this specific consent at any time.

Clause 4.4: Data Principal Rights

In accordance with the DPDP Act, 2023, You, as a Data Principal, have certain rights with respect to Your Personal Data. These include:

The right to obtain information about the processing of Your Personal Data.
The right to seek the correction of inaccurate or incomplete Personal Data.
The right to seek the erasure of Your Personal Data, subject to legal retention requirements.
The right to have readily available means of grievance redressal.
The right to nominate another person to exercise these rights in the event of Your death or incapacity.

You may exercise these rights by contacting our Grievance Officer as detailed in Section 8.

Section 5: Payments, Settlements, Refunds, and Cancellations

Clause 5.1: Pricing and Fees

The Organizer shall determine the price of the tickets for their Events. The Company will charge a service fee for the use of its Platform and Services, which will be communicated to the Organizer and may be deducted from the ticket sales proceeds prior to settlement. The Property or Venue Owner shall determine the price of the venue for their Events. All prices, fees, and charges will be displayed in Indian Rupees (INR) and will be inclusive of all applicable taxes, as required by law.

Clause 5.2: Payment Processing

All payments made by Attendees on the Platform are processed through the Company acting as a Payment Aggregator, authorized by the RBI. You agree and acknowledge that all funds collected from Attendees will be held in a designated escrow account maintained with a scheduled commercial bank, in compliance with RBI regulations.

Clause 5.3: Settlement Terms

The Company shall settle the ticket sale proceeds, net of any applicable fees and taxes, to the Organizer's or Property Owner's designated bank account. All settlements will be processed in strict accordance with the timelines prescribed by the Reserve Bank of India for Payment Aggregators. The Company will not be liable for any delays in settlement caused by incorrect bank account details provided by the Organizer or for delays attributable to the banking system.

Clause 5.4: Refund and Cancellation Policy

This policy outlines the terms and conditions for cancellations and refunds for events or property listed on our platform. It governs the responsibilities and liabilities of the Event Organiser, the Stall Holder (Vendor), the Property Owner, and our platform. We encourage you to familiarise yourself with our full Cancellation & Refund Policy for complete terms and conditions.

Section 6: Intellectual Property Rights (IPR)

Clause 6.1: Ownership of Platform IPR

All rights, title, and interest in and to the Platform, including but not limited to its software, source code, design, text, graphics, logos, trademarks, and any other material created by or for the Company, are and shall remain the exclusive intellectual property of the Company and its licensors. These Terms do not grant You any rights to use the Company's trademarks, logos, or other brand features without our prior written consent.

Clause 6.2: User-Generated Content

You, as a User, retain all ownership rights to the User Content that You post, upload, or display on the Platform. The Company does not claim any ownership rights over Your User Content.

Clause 6.3: License to the Company

By submitting User Content on the Platform, You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and the Company's business. This license is solely for the purpose of operating, promoting, and improving the Platform and its Services. This license terminates when You delete Your User Content or Your account, unless Your content has been shared with others and they have not deleted it.

Section 7: Disclaimers and Limitation of Liability

Clause 7.1: "As-Is" and "As-Available" Disclaimer

THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Clause 7.2: Disclaimer for Third-Party Actions and Events

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY IS AN AGGREGATOR PLATFORM AND ACTS SOLELY AS A FACILITATOR. THE COMPANY IS NOT A PARTY TO ANY AGREEMENT OR TRANSACTION BETWEEN ORGANIZERS AND ATTENDEES. ACCORDINGLY, THE COMPANY SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY EVENTS LISTED ON THE PLATFORM. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LIABILITY FOR:

THE QUALITY, SAFETY, ACCURACY, LEGALITY, OR EXECUTION OF ANY EVENT.
THE CONDUCT, PERFORMANCE, OR NON-PERFORMANCE OF ANY ORGANIZER OR ATTENDEE.
ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS, OR ANY OTHER MISHAP OR HARM OF ANY KIND THAT MAY OCCUR AT, OR IN CONNECTION WITH, AN EVENT.
THE ACCURACY OR LEGALITY OF ANY USER CONTENT.

Clause 7.3: Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE THOUSAND INDIAN RUPEES (INR 1,000).

Section 8: Grievance Redressal Mechanism

Clause 8.1: Grievance Officer

In accordance with the Information Technology Act, 2000, and the rules made thereunder, as well as the Consumer Protection (E-commerce) Rules, 2020, the Company has appointed a Grievance Officer to address Your concerns, complaints, and grievances related to the Platform and its Services.

Clause 8.2: Contact Information

Name: Nishant Tiwary

Email: support@fleamela.com

Address: Block L, Embassy Tech Village, Outer ring Road, Bellandur - 560103, Bengaluru, India

Clause 8.3: Timelines for Resolution

The Grievance Officer shall:

Acknowledge the receipt of any user complaint or grievance within forty-eight (48) hours from its receipt.
Redress the said complaint or grievance within one (1) month from the date of its receipt.

Clause 8.4: Complaint Tracking

Upon receipt of a complaint, the Company will provide the User with a unique ticket or reference number, which can be used to track the status of the complaint.

Section 9: Term and Termination

Clause 9.1: Term

The Company reserves the right, in its sole discretion, to suspend or terminate Your account and/or access to the Platform and its Services, without prior notice and without liability, for any reason, including but not limited to, a breach of these Terms and Conditions, particularly the Acceptable Use Policy (Section 3.3). The Company shall be the sole judge of what constitutes a breach of these terms.

Clause 9.2: Termination

Clause 9.3: Effect of Termination

Upon termination of Your account, Your right to use the Platform will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The Company will also handle the deletion of Your Personal Data in accordance with the Privacy Policy and our obligations under the DPDP Act, 2023.

Section 10: Governing Law and Dispute Resolution

Clause 10.1: Governing Law

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.

Clause 10.2: Jurisdiction

Subject to the arbitration clause below, the parties agree that the competent courts located in Bengaluru, India, shall have exclusive jurisdiction to entertain and adjudicate any legal matter arising from this Agreement.

Clause 10.3: Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat, or legal place, of arbitration shall be India. The language of the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding on the parties.

Section 11: Miscellaneous Provisions

11.1. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Platform; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your User Content caused damage to a third party.

11.2. Modification of Terms

The Company reserves the right to modify or replace these Terms and Conditions at any time at its sole discretion. We will provide notice of any material changes, either through the Platform interface, in an email notification, or through other reasonable means. It is Your responsibility to review these Terms periodically for changes. Your continued use of the Platform after any such change constitutes Your acceptance of the new Terms and Conditions.

11.3. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while preserving the original intent, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

11.4. Waiver

The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. A waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

11.5. Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices or policies published by the Company on the Platform, shall constitute the entire agreement between You and the Company concerning the Services. It supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.