Terms and Conditions

These Terms and Conditions apply to all Users of the Platform, including but not limited to Organizers who use the Platform to create, promote, and manage Events; Attendees who use the Platform to browse, discover, and purchase tickets for Events; Property Owners/Venue Providers who use the Platform to list and rent their properties or venues; and any other visitors or users of the Platform. Specific terms and conditions relating to data protection and privacy are set forth in our Privacy Policy, which should be read in conjunction with this document. Fleamela provides technology platform services and payment aggregation services as distinct offerings to facilitate transactions between parties.

2.1. Account Creation

To access certain features of the Platform, You must register for an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate, current, and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We recommend using a strong, unique password that you do not use for any other online account. The Platform provides invoicing and related technology services to facilitate documentation of transactions between Users.

2.2. Account Security

You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section. You may not use the account, username, or password of another User at any time, or disclose your password to any third party. If you share your device with others, ensure that you log out of your account after each use to prevent unauthorized access.

2.3. Account Termination

We reserve the right to terminate or suspend your account and bar access to the Platform at our sole discretion, without notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform or contact us at support@fleamela.com.

3.1. Permitted Use

The Platform is provided for lawful purposes only. You agree to use the Platform only for purposes that are permitted by these Terms and Conditions and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party's use and enjoyment of the Platform.

3.2. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Platform for any illegal purpose or in violation of any local, state, national, or international law
• Harassing, threatening, intimidating, or impersonating any other person or entity
• Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Interfering with or disrupting the Platform or servers or networks connected to the Platform
• Attempting to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform
• Using any automated system, including but not limited to robots, spiders, or scrapers, to access the Platform
• Collecting or harvesting any personally identifiable information from the Platform
• Engaging in any activity that could damage the Company's reputation or goodwill

4.1. Platform Content

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.

4.2. Limited License

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use. This license does not include any right to resell or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

4.3. User-Generated Content

The Platform may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "User Content"). By providing User Content on the Platform, you grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in any and all media or distribution methods (now known or later developed).

5.1. Pricing and Fees

All prices and fees displayed on the Platform are in Indian Rupees (INR) unless otherwise stated. The Company may charge fees for its Services, including but not limited to:

• Service Fees: Fees charged to Organizers for using the Platform's event management and ticket sales features.
• Payment Processing Fees: Fees associated with processing payments through the Platform.
• Venue Listing Fees: Fees charged to Property Owners for listing their venues on the Platform.
• Transaction Fees: A percentage of the ticket price or venue rental fee charged as a commission by the Platform.

Stall Booking Pricing: In relation to stall or booth bookings, any pricing displayed on the Platform represents the total consideration payable by the Vendor for the supply of stall space by the Organizer or Venue Provider. The Platform's commission or service fee (if applicable) forms part of the technology and payment aggregation services supplied by the Platform, separate and distinct from the supply of the stall or booth space.

5.2. Payment Methods

We accept various payment methods, including credit cards, debit cards, UPI, net banking, and digital wallets, as displayed on the Platform. All payments are processed through secure payment gateways. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your transaction.

5.3. Refunds and Cancellations

Refund and cancellation policies are determined by individual Event Organizers or Property Owners and will be displayed on the relevant Event or venue listing. The Company acts as a facilitator for refund processing but is not responsible for issuing refunds for Events or venue bookings. All refund requests must be made through the Platform in accordance with the applicable refund policy. The Platform does not act in a fiduciary capacity to Organizers or Attendees in connection with such refunds, except for the limited purpose of facilitating the transfer of funds through its role as a Payment Aggregator. The same applies to refunds for Venue Services or Stall Services, where the Platform facilitates the transfer of funds but does not hold or control such funds in a fiduciary capacity.

5.4. Taxes

You are responsible for determining and paying any applicable taxes associated with your use of the Platform. The Company will collect and remit taxes as required by law, including Goods and Services Tax (GST) where applicable. Prices displayed on the Platform may or may not include applicable taxes, as indicated at the time of purchase.

5.5. Currency

All monetary transactions on the Platform are conducted in Indian Rupees (INR). If you are making a payment from outside India, your payment provider may apply currency conversion fees or other charges. The Company is not responsible for any such fees or charges.

5.6. Invoicing and Documentation

The Platform provides invoicing technology and tools to enable Organizers, Venue Providers, and Vendors to generate, issue, and manage invoices and related transaction documentation. These tools are provided as part of the Platform's technology services to facilitate transparent record-keeping and compliance by Users. The Platform does not issue invoices on its own account for supplies it does not make (e.g., venue rental or stall space), but provides the technology for relevant parties to issue such invoices directly.

6.1. Compliance with DPDP Act

The Company is committed to complying with the Digital Personal Data Protection Act, 2023 (DPDP Act) and will process your personal data in accordance with the principles and obligations set forth in the Act. As a Data Fiduciary, we will ensure that your personal data is processed lawfully, fairly, and transparently, and only for the purposes for which it was collected and with your consent where required.

6.2. Privacy Policy

Our collection, use, and disclosure of your personal data are governed by our Privacy Policy, which forms an integral part of these Terms and Conditions. By using the Platform, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy. We encourage you to review the Privacy Policy regularly to stay informed about how we protect your personal data.

6.3. Your Rights as a Data Principal

Under the DPDP Act, you have the following rights in relation to your personal data:

• Right to Access: You have the right to obtain confirmation as to whether or not we are processing your personal data, and if so, to access such data and certain information about the processing.
• Right to Correction: You have the right to request that we correct any inaccurate personal data concerning you.
• Right to Erasure: You have the right to request that we delete your personal data in certain circumstances, subject to legal retention requirements.
• Right to Grievance Redressal: You have the right to file a complaint with our designated Grievance Officer or with the Data Protection Board of India.
• Right to Nominate: You have the right to nominate another individual who may exercise your rights on your behalf in the event of your death or incapacity.

7.1. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Company does not warrant that the Platform will function uninterrupted, securely, or available at any particular time or location, or that any defects or errors will be corrected, or that the Platform is free of viruses or other harmful components.

7.2. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your transmissions or content
• Any Events, venues, or transactions arranged through the Platform
• Any physical or property damage resulting from your use of the Platform

The Company is not liable for the quality, safety, or legality of Events listed on the Platform, the truth or accuracy of Event listings, the ability of Organizers to host Events, or the ability of Attendees to attend Events. The Company is not liable for the condition, safety, suitability, or availability of venues listed on the Platform, or for any disputes between Venue Providers and Organizers. The Company is not liable for the quality, availability, or allocation of stalls or booths by Organizers or Venue Providers, as such supplies are made independently of the Platform's technology and payment services.

7.3. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Platform, including but not limited to your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Platform.

8.1. Third-Party Websites

The Platform may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8.2. Third-Party Content

The Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services. You acknowledge and agree that the Company is not responsible for any third-party content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.

9.1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

9.2. Jurisdiction

Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in the courts located in Bangalore, Karnataka, India, and you irrevocably consent to the personal jurisdiction and venue therein. You waive any objection to the laying of venue of any such action or proceeding in such courts and any claim that such action or proceeding has been brought in an inconvenient forum.

9.3. Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, or failing such agreement, by the Bangalore Arbitration Centre. The seat of arbitration shall be Bangalore, Karnataka, India, and the language of the arbitration shall be English.

11.1. Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms and Conditions without such consent will be null and void. We may freely assign or transfer these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.

11.2. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, civil insurrection, strikes, labor disputes, epidemics or pandemics, government actions or regulations, or any other force majeure events.

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.