These Terms and Conditions ("Terms"), including the BINDING ARBITRATION CONTAINED HEREIN govern your access to, use of, and participation on the Platform made available by FlipTree Digital Private Limited ("FlipTree", "Facilitator", "we", "our", or "us") and the entirety of your relationship with the Facilitator. PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT ("Agreement") BETWEEN YOU AND THE FACILITATOR. In these Terms, the words "including" and "include" mean "including, but not limited to". BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. These Terms expressly supersede prior agreements or arrangements with you. The Facilitator may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.
The use of the Platform is conditional upon your acceptance of these Terms and our Privacy Policy. You will be deemed to have accepted these Terms and our Privacy Policy by continuing to use the Platform, regardless of whether or not you register as a User on the Platform. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
PLEASE REVIEW THE ARBITRATION AGREEMENT CONTAINED HEREIN CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE FACILITATOR ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
All references to "you" or "your", as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its officers, directors, employees, agents, and investors.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
The Facilitator may amend the Terms from time to time. The Facilitator reserves the right, in its sole discretion, to amend these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Amendments will be effective upon the Facilitator's posting of such updated Terms at this location. You will be required to accept the amended Terms to continue to use the Platform. Your continued access or use of the Platform after such posting confirms your consent to be bound by the Terms, as amended. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
In order to use the Platform and its Services you must register as a User on the Platform. The Platform is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Platform and to become a User. By using the Service, you consent to submit your personally identifiable information including sensitive personal data such as your financial data if opted for our paid membership,
Identity proofs etc. to collect, process, display and use the said information to provide the Service and to contact you by other Users. IF YOU HAVE ANY OBJECTION IN COLLECTING AND/OR PROCESSING YOUR PERSONAL DATA, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
If you want to withdraw this consent, you must discontinue using our Service and delete your Account directly on the Platform.
"Platform" means all Peck Dating websites, mobile or other applications, software, processes, and any other services provided by or through Peck Dating Mobile App, which enable Users to connect to other Users.
"User" (each a "User" and, collectively, the "Users") means a person who voluntarily submits information to the Platform and completes the Facilitator's Account registration process on the Platform regardless of whether such person uses the Service as a free member or a paid member on the Platform.
"Member" (each a "Member" and, collectively, the "Members") means a User on the Platform.
"Candidate" (each a "Candidate" and, collectively, the "Candidates") means a User on the Platform.
"Application" (each a "Application" and, collectively, the "Applications") means mobile or other applications.
"Account" (each a "Account" and, collectively, the "Accounts") or "User Account" (each a "User Account" and, collectively, the "User Accounts") means a personal account of a User on the Platform.
"Service" (each a "Service" and, collectively, the "Services") means the matchmaking service provided by the Platform to a User where the User is matched against another User(s) on the Platform based on the User’s preferences or the Facilitator’s recommendations.
"Content" means text, graphics, images, music, software, audio, video, information, or other materials, including but not limited to profile information, message threads, reviews, and other information or materials available on or through the Platform.
"Peck Dating Content" means all Content the Facilitator makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Peck Dating Content and Feedback.
"Collective Content" means User Content and Peck Dating Content together.
"Digital Good" (each a "Digital Good" and, collectively, the "Digital Goods") means digital goods including but not limited to messages, features, memberships, subscriptions etc. purchased on the Platform by the User.
"Payment Method" (each a "Payment Method" and, collectively, the "Payment Methods") means a current, valid, accepted method of payment submitted by User such as UPI, Net Banking, credit card, debit card, prepaid card, Google Pay, Apple Pay etc. as may be updated from time to time.
"Payment Processor" means the third-party payment service provider providing payment processing services on the Platform.
"Device" (each a "Device" and, collectively, the "Devices") or "Mobile Device" (each a "Mobile Device" and, collectively, the "Mobile Devices") means Apple iOS or Android smartphone capable of accessing the Platform.
"Privacy Policy" means Peck Dating's Privacy Policy incorporated herein by reference.
"Internet" means internet.
Before you create an account on the Platform, make sure you are eligible to use our Services. This Section also details what you can and can't do when using the Services, as well as the rights you grant the Facilitator.
The Facilitator grants the User the right to access and utilize our Services, in accordance with these Terms.
For so long as the Terms are adhered to, FlipTree grants the User a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services, solely for the purposes intended by FlipTree and as permitted under these Terms and applicable laws. This license, along with any authorization to access the Services, shall automatically terminate in the event of a failure to comply with these Terms.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
You are an individual (i.e., not any body corporate, partnership, or other business entity) at least 18 years old.
You are legally qualified to enter a binding contract with FlipTree.
You are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government or any applicable jurisdiction where the Platform operates as a ‘terrorist supporting’ country.
You are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list), nor do you face any other similar prohibition.
You are not prohibited by law from using our Services.
You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services.
You are not required to register as a sex offender with any state, federal or local sex offender registry.
You may only have one account on the Platform, and multiple accounts will be deactivated or terminated. Additionally, you shall not create a new account after we suspend or terminate your account without express written permission from us.
You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.
You do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
You are not barred from using the Service under the laws of the United States or any other jurisdiction worldwide.
You are responsible for maintaining the confidentiality of your personal information and your account, whether or not you’ve authorized the use.
You must notify FlipTree immediately if you believe your account has been accessed without your permission, including unauthorized use of your account. You are liable for all uses of your account, authorized or unauthorized.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes.
If you choose to register, you need to authenticate yourself using Facebook, Mobile Number, Google, and Apple. After registering, you can create your Account.
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
Use the latest version of the Website and/or App.
Take reasonable measures to protect the security of your login information.
Notify FlipTree immediately if you believe your account has been accessed without your permission.
Matchmaking is done by the platform based on the user’s preferences or the Facilitator’s recommendations. FlipTree does not guarantee that your ideal match will be found through our services.
You will receive promotional emails after registering on the platform.
Any changes to your profile, such as date of birth, educational qualification, or job, will only be made after submitting the required proof.
You agree that the Facilitator reserves the right to review the authenticity of content you post, and failure to provide evidence may result in termination of your account.
Under no circumstances will the Platform be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Platform. The Platform reserves the right to verify the authenticity of Content posted on the Platform. In exercising this right, the Platform may ask you to provide any documentary or other form of evidence supporting the Content you post on the Platform. If you fail to produce such evidence, the Facilitator may, in its sole discretion, terminate your Account.
Any such act or an attempted act on your part shall constitute a violation of this Agreement, and your account is liable to be terminated forthwith by the Facilitator.
The Facilitator owns and retains all proprietary rights of the Platform and the Service. The Platform contains copyrighted material, trademarks, and other proprietary information of the Facilitator, and its licensors. Except for that information which is in the public domain such as member profile or for which permission has been obtained from the User, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
You agree that all disputes are subjected to Ernakulam District (Kerala) Jurisdiction only.
You agree that the Facilitator will not be held liable for any loss or damage, including but not limited to indirect, incidental, punitive, or consequential damages, even if the Facilitator has been informed of the possibility of such damages, arising from your non-compliance with these Terms or your use of the Platform. In addition, you understand and agree that the content of all Users, including your content, will be collected, aggregated and integrated into the Service and that the Facilitator will use aggregated data collected from you and other Users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, the Facilitator in no way controls, verifies, or endorses any of the information contained on or in the Service, including links, events, messages, message boards and member's published listings.
The authenticity of the details given in any User profile should be verified and confirmed by the Users. The Facilitator will not be responsible for any issue arising in this regard at any point of time.
The Facilitator reserves the right to forthwith terminate your Account and/or your right to use the Platform at any time. You may terminate your Account at any time, for any reason by writing to the Facilitator. The Facilitator may terminate your access to the Platform and/or your Account for any reason or no reason at all.
Users can view and access other User profiles.
The Platform connects you to other Users. You may use the Platform only as set forth in these Terms. The use of the Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the "Carrier"), including fees charged for data usage and overage, which are your sole responsibility. FlipTree is not responsible for any fees, charges, or issues arising from third-party services ( mobile carriers or internet service providers) used in connection with accessing our Platform. You are solely responsible for paying all such charges and resolving any disputes with third-party service providers. You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy. FlipTree respects your privacy and takes the protection of your personal data seriously. All data collected will be handled in accordance with our Privacy Policy and applicable data protection laws, such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA). You consent to the collection, use, and disclosure of your personal data for purposes including, but not limited to, providing and improving the Platform, facilitating matchmaking, conducting fraud prevention, and ensuring compliance with legal obligations. Your data will not be shared with third parties without your consent, except as required by law or for necessary business operations. Access to certain features of the Platform may require access to information about the location of your Device, such as GPS coordinates. We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Platform for our business purposes, including to provide and improve customer service, Platform, Services, fraud prevention, and to identify violations of this Agreement. YOU AGREE NOT TO CIRCUMVENT THE PLATFORM BY SOLICITING, SCHEDULING AND/OR PAYING FOR SERVICES OUTSIDE THE PLATFORM.
You agree that you will not:
Misrepresent your identity, age, or affiliations with a person or entity.
Use the Services in a way that damages the Services or prevents their use by other users.
Use our Services in a way to interfere with, disrupt, or negatively affect the platform, the servers, or our Services’ networks.
Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes.
Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise abuse or cause psychological harm.
Post or share Prohibited Content.
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
Use another user’s account.
Use our Services in relation to fraud, a pyramid scheme, or other similar practice.
Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.
Violate the terms of the license granted to you by the Facilitator.
Disclose private or proprietary information that you do not have the right to disclose.
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through our Services without the Facilitator’s prior written consent.
Express or imply that any statements you make are endorsed by FlipTree.
Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents.
Upload viruses or other malicious code or otherwise compromise the security of our Services.
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services.
“Frame” or “mirror” any part of our Services without FlipTree’s prior written authorization.
Use meta tags or code or other devices containing any reference to FlipTree or the platform (or any trademark, trade name, service mark, logo, or slogan of FlipTree) to direct any person to any other website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our Services, or cause others to do so.
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems.
Use, access, or publish the FlipTree application programming interface without our written consent.
Probe, scan, or test the vulnerability of our Services or any system or network.
Encourage, promote, or agree to engage in any activity that violates these Terms.
Create a new account after we suspend or terminate your account, unless you receive our express permission.
Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any FlipTee reporting or appeals request system made available.
You shall not authorize third parties to use your account or transfer your account to any other person or entity.
You agree not to solicit, schedule, or pay for services outside the platform. All transactions must occur within the platform.
You agree to comply with local, state, national, and international laws, rules, and regulations when accessing or using the Platform, and you may only access or use the Platform for lawful purposes.
You will not be allowed to modify your profile without valid documentation where necessary.
You will not hold the Facilitator responsible for any issues arising while communicating through personal communication media like Email, Phone, WhatsApp, and Social Media such as Facebook, Instagram, etc.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
The Facilitator prohibits uploading or sharing content that:
Could reasonably be deemed to be offensive or to harass, abuse, or cause psychological distress to another person.
Is obscene, pornographic, violent, or contains nudity.
Is abusive, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry.
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense.
Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, or violent extremism.
Is defamatory, libelous, or untrue.
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, sex work, “sugar daddy” or “sugar baby” relationships, links to other websites, or premium line telephone numbers).
Involves or facilitates the transmission of spam.
Content or information that is not verified or lacks evidence. Users must provide documentary proof when requested.
Contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment; Trojan horse or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from FlipTree or otherwise.
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights).
Was not written by you, unless expressly authorized by FlipTree.
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian).
Includes an image or likeness of a minor who is unaccompanied by the minor’s parent or guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual activity.
Is inconsistent with the intended use of the Services.
May harm the reputation of FlipTree or its affiliates, meaning the uploading or sharing of content on the Platform that is defamatory to FlipTree or its affiliates or advocates misuse of the Service or any service provided by FlipTree’s affiliates.
IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS OR DO NOT AGREE WITH THESE REQUIREMENTS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
To register as a Member of the Platform, you must be 18 years or above. The Platform shall not collect data from minors. Should a Member lie about his/her date of birth, particularly if he/she fraudulently claims to be over 18 years of age, the parents of the minor in question should inform the Facilitator of this by sending an e-mail to support@peckdating.com requesting the data to be deleted. The Facilitator commits to deleting all data on the minor in question as soon as possible.
You are currently unmarried.
By using this Platform, you represent and warrant that you have the right, consent, authority, and legal capacity to enter into this Agreement. You also agree to abide by the Terms of this Agreement. If at any time the Facilitator is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a Member or that you have made any misrepresentation, the Facilitator reserves the right to forthwith terminate your Account and/or your right to use the Service.
License: The Platform is licensed, not sold, to you for use only under these Terms. Subject to your complete and ongoing compliance with these Terms, the Facilitator grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your: (a) access to and participation in the Platform on compatible, authorized devices that you own or control; and (b) access and use of any content, information and related materials that may be made available through the Platform. Any rights not expressly granted herein are reserved by the Facilitator and the Facilitator's licensors. The rights granted by the Platform to the User are restricted to private and personal use. As a User, you grant the Platform a free-of-charge, non-exclusive, international, and permanent license for the use, reproduction, representation, modification, and translation of any basic intellectual property-related component (text, emojis, photos, videos, etc.) that it may provide through the Platform for the non-exclusive purpose of communicating with other Users on the Platform.
Restrictions: You may not: (a) modify, alter, reproduce, or distribute the Platform in part or entirety; (b) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (c) use, reproduce, copy, adapt, modify, prepare derivative works based upon, distribute, redistribute, license, sublicense, rent, lease, lend, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content except as expressly permitted by the Facilitator; (d) attempt to disable or circumvent any security or other technological measure designed to protect the Platform or any content available through the Platform except as expressly permitted in these Terms; (e) decompile, reverse engineer, disassemble the Platform or create derivate works; (f) link to, mirror or frame any portion of the Platform; (g) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (h) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.
The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Facilitator or its licensors, except for the licenses and rights expressly granted in these Terms. The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Facilitator, its licensors or other providers of such material, and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as permitted herein, you must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in these Terms, then: (a) you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights; (b) your right to use the Platform will cease immediately; and (c) you must, at our option, return or destroy any copies of the materials you have made. No rights, title or interest in or to the Platform or any content on the Platform is transferred to you, and the Facilitator reserves all rights not expressly granted. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
Ownership: The Platform and all rights therein are and shall remain the Facilitator's property or the property of the Facilitator's licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights: (a) in or related to the Platform except for the limited license granted above; or (b) to use or reference in any manner the Facilitator's names, logos, product and service names, trademarks or services marks or those of the Facilitator's licensors. We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
You are fully responsible for any User Content you post on the Platform, including, but not limited to, personal profile(s), message boards, listings, events, testimonials, e-mail messages - and the consequences of any such content. You understand and agree that the Facilitator may review from time to time and delete any content that violates this Agreement, or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members. Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video, or audio that:
Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable
Encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation
Transmits or posts any unsolicited or unauthorized advertising, spam, junk mail, chain letters, pyramid schemes etc.
Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights
Transmits or posts any viruses or material designed to disrupt, limit, or destroy any functionality of any computer software or hardware of Users, the Platform or the Service
Collects, stores, or solicits information about other Users for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without the Facilitator’s prior consent
Contains personally identifiable information about another member that is published without their express consent
Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Has misleading email addresses or other manipulated identifiers to disguise its origin
Displays or shares personal contact information, banking details, or peer-to-peer payment information (names, addresses, phone numbers, credit/debit card numbers).
You retain ownership of all content you provide to FlipTree; however, by creating an account, you hereby grant FlipTree a worldwide, perpetual, transferable, sub-licensable, royalty-free license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and make available to the general public Your Content. This license applies to any content or information you authorize us to access from third-party sources (such as Facebook, if applicable), either in whole or in part, and across any medium currently known or developed in the future. While FlipTree’s license to Your Content is non-exclusive, you acknowledge that FlipTree holds an exclusive license to any derivative works created through the use of our Services, including but not limited to screenshots or other media incorporating Your Content.
In addition, you authorize FlipTree to act on your behalf in the event of infringing use of Your Content by other users or third parties outside of our Services. This authority includes, but is not limited to, the right to issue notices pursuant to 17 U.S.C. § 512(c)(3) (commonly known as DMCA Takedown Notices), should your content be misused by third parties. FlipTree, however, is under no obligation to act on your behalf in such instances.
You further acknowledge and agree that FlipTree’s license to Your Content is subject to your rights under applicable laws, including but not limited to laws concerning the protection of personal data, where Your Content contains personal information as defined by such laws.
In consideration of the Services provided by FlipTree, you agree that FlipTree, its affiliates, and third-party partners may place advertisements within the Services. Additionally, any suggestions or feedback you submit regarding FlipTree's Services may be used and shared by FlipTree without any obligation to compensate you.
Finally, you understand and agree that FlipTree may access, preserve, and disclose information related to your account, including Your Content, when legally required to do so, or when FlipTree, in its sole discretion, believes such actions are necessary to: (i) comply with legal obligations; (ii) enforce these Terms; (iii) address claims that any content violates the rights of third parties; (iv) respond to customer service requests; (v) protect the rights, property, or personal safety of FlipTree, its users, or the public; or (vi) investigate and address any illegal activities, suspected fraud, or other wrongful conduct.
We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. Any User Content provided by you remains your property. However, by providing User Content to the Facilitator or making available any User Content on or through the Platform, you hereby grant to the Facilitator a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform, Services, the Facilitator's business and on third party sites and services), through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. In the interest of clarity, the license granted to the Facilitator shall survive termination of the Platform or your Account.The Facilitator does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU MAKE AVAILABLE ON OR THROUGH THE PLATFORM. ACCORDINGLY, YOU REPRESENT AND WARRANT THAT: (A) YOU EITHER ARE THE SOLE AND EXCLUSIVE OWNER OF ALL USER CONTENT OR YOU HAVE ALL RIGHTS, LICENSES, CONSENTS AND RELEASES NECESSARY TO GRANT THE FACILITATOR THE LICENSE TO THE USER CONTENT AS SET FORTH ABOVE; AND (B) NEITHER THE USER CONTENT, NOR YOUR SUBMISSION, UPLOADING, PUBLISHING OR OTHERWISE MAKING AVAILABLE OF SUCH USER CONTENT, NOR THE FACILITATOR'S USE OF THE USER CONTENT AS PERMITTED HEREIN WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY'S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
While it has no obligation to do so, you agree that the Facilitator may proofread, summarize or otherwise edit and/or withdraw your User Content at the Facilitator's sole discretion and at any time and for any reason, without notice to you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Facilitator in its sole discretion, whether or not such material may be protected by law.
The Facilitator reserves the right, at any time and without prior notice, to remove or disable access to User Content within 24 hours that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason. The Facilitator also reserves the right in our sole discretion, at any time and without prior notice, to suspend, deactivate, or permanently close User Accounts within 24 hours that are in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.
YOU ACKNOWLEDGE AND AGREE THAT THE FACILITATOR DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO: (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION OF ANY USER.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the "Report User" link on a user's profile. You may also contact us here.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or preventing you from creating new account. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998.
In order to use the Platform, you must register for and maintain an active Account. As part of the registration process for the Service, you agree to:
Provide certain limited information about you as prompted to do so by the Service (such information to be current, complete, and accurate); and
Maintain and update this information as required to keep it current, complete, and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data").
Authenticate yourself using Facebook, Mobile Number, Apple or Google.
Account registration requires you to submit to the Facilitator certain personal information, including your name, gender, date of birth, height, relationship status, religion, ethnicity, city of residence, email address, phone number, photograph etc. You are further invited to provide us with more information about yourself including but not limited to your interests, story, pictures, philosophy, work etc. Your email will serve as your identifier while contacting support. The Facilitator reserves the right to delete Accounts created by Users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. The Facilitator reserves the right to refuse the Service to any User.
Account Registration using your Facebook, Mobile Number, Google, or Apple account: By logging in to the Platform through Facebook, Mobile Number, Google, or Apple account you authorize us to access and use your Facebook, Mobile Number, Google, or Apple account information.
You are solely responsible for safeguarding your Account. You are solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account. The Facilitator is not liable for any losses by any party caused by an unauthorized access or use of your Account. Notwithstanding the foregoing, you may be liable for the losses of the Facilitator or others due to such unauthorized use. We have the right to disable any username, Account, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. The Facilitator may, from time to time, access your Account to make certain changes that you request or remove prohibited information from the Platform. Unless otherwise permitted by the Facilitator in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform. You may not in your access or use of the Platform cause nuisance, annoyance, inconvenience, or property damage to any other party. You may be asked to provide proof of identity or other method of identity verification to use the Services, and you agree that you may be denied access to or use of the Platform and/or Services if you refuse to provide proof of identity or other method of identity verification.
No joint venture, partnership, employment, agency, or implied relationship exists between you and the Facilitator as a result of this Agreement or your use of the Platform.
For details on how FlipTree and its affiliates collect, use, and share your personal data, please refer to our Privacy Policy. By accessing or using our Services, you acknowledge and consent to the use of your personal data in accordance with our Privacy Policy. Furthermore, you are encouraged to review the Facilitator’s Privacy Policy, which provides additional information regarding the collection and use of your data by the Facilitator.
a. The Facilitator Confidential Information: The term "Facilitator Confidential Information" shall mean any and all of the Facilitator's trade secrets, confidential and proprietary information and all other information and data of the Facilitator that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Facilitator Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that the Facilitator Confidential Information is a valuable, special and unique asset of the Facilitator and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any of it. You shall promptly notify the Facilitator in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of the Facilitator Confidential Information. You shall use best efforts to protect the Facilitator Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing the Facilitator Confidential Information to the Facilitator upon termination of this Agreement for any reason whatsoever.
b. User Confidential Information: As a User, you understand that in availing the Services, you will receive certain private and/or confidential information regarding other Users and will have access to their homes and personal belongings. Except upon order of government authority (for example, court, administrative agency) having jurisdiction, or upon express written consent by the other User, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any confidential information regarding the other User, including addresses, phone numbers, personal and/or financial information. You further agree not to engage in any activity which violates the privacy of any Users, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of other Users or their homes or their personal belongings; or publishing, disseminating or disclosing any such photographs or recordings. YOU ACKNOWLEDGE THAT YOUR FAILURE TO COMPLY WITH THE FOREGOING SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT.
The Facilitator does not endorse any User. No agency, partnership, joint venture, or employment is created as a result of these Terms or any User's use of any part of the Platform.
Users are required by these Terms to provide accurate information, and although the Facilitator may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background.
You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other User. The Facilitator has no responsibility for any damage or harm resulting from your interactions with other Users. The Collective Content may contain links to third party websites, offers, or other events/activities not owned or controlled by the Facilitator. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against those particular Users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from the Facilitator with respect to such actions or omissions.
The Facilitator may publicly display advertisements, paid content, and/or other sponsored information on the Platform. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Our Services may also contain advertisements and promotions offered by third parties, as well as links to external websites or resources. Additionally, our Services may allow you to watch advertisements in exchange for Virtual Items; however, the Facilitator does not guarantee that such opportunities will always be available, or that you will always be eligible to participate.
You acknowledge that the Facilitator does not endorse, control, or assume any responsibility for the availability, content, or products and services provided by third-party websites, resources, or advertisers. Your interactions with any third-party advertisements or promotions made available through our Services, including any purchases or agreements, are strictly between you and the relevant third party. The Facilitator is not responsible or liable for the terms, actions, or omissions of such third parties. If you choose to engage with third-party websites or services through our Platform, their terms and conditions will govern your relationship with them.
By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text (SMS) messages, calls, chats, and push notifications to the phone number or email address you provided to us, as further described in our Privacy Policy. You consent to receive live, autodialed, or pre-recorded calls from us at the phone number that you have provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce these Terms. Your mobile network's phone, data and messaging rates and fees may apply if you access or use the Platform from your device. We may, without further notice or warning and in our discretion, monitor or record phone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Platform for our business purposes, including to provide and improve customer service, Platform, Services, fraud prevention, and to identify violations of this Agreement.
By sending us any feedback, comments, questions, or suggestions concerning the Facilitator or our services, including the Platform (collectively, the "Feedback") you represent and warrant that: (a) the Feedback does not violate the rights of any other person or entity; and (b) your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further: (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (b) acknowledge that we may have something similar to the Feedback already under consideration or in development; (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (d) irrevocably waive, and cause to be waived, against the Facilitator and its Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
To use the Platform, you must have data network access. You are responsible for all data network access charges. You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Platform from your Device. You are responsible for acquiring and updating compatible hardware or Devices necessary to access and use the Platform and any updates thereto. The Facilitator does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or Devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. The quality of the display of the Platform and Collective Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your data network connection. The Facilitator makes no representations or warranties about the quality of your experience on your Device.
To schedule and accept Services, you must possess a Mobile Device. As a User, you hereby acknowledge and consent to the Facilitator's collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device and/or your address so that we can provide our Services to you. The Facilitator does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide or receive the Services contemplated by this Agreement, or the frequency with which you use the Platform to schedule or provide Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
Software you download in connection with the Platform consists of a package of components that may include certain third-party software ("Third-Party Software") provided under separate license, terms of use, and privacy policies (collectively, the "Third-Party Terms"). Your use of the Third-Party Software in conjunction with the Platform in a manner consistent with these Terms is permitted; however, you may have broader rights under the applicable Third-Party Terms, and nothing in these Terms is intended to impose further restrictions on your use of the Third-Party Software.
The Platform may be made available or accessed in connection with third-party services and content (including advertising) that the Facilitator does not control, and may enable you to export information or content, including your or other Users' User Content, to Third-Party services such as Facebook, Google, or Apple, through a feature of the Platform. You acknowledge that Third-Party Terms may apply to your use of such third-party services and content. The Facilitator does not endorse such third-party services and content and in no event shall the Facilitator be responsible or liable for any products or services of such third-party providers. Additionally, Apple, Inc., or Google, Inc. will be a third-party beneficiary to this contract if you access the Platform using Applications developed for Apple iOS or Android mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Platform in any manner. Your access to the Platform using these devices is subject to applicable Third-Party Terms.
Third-Party services may have Third-Party Terms, and your use of the Platform may incur third-party fees, such as fees charged by your mobile carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policy or other terms governing your use of Third-Party services, and you are solely responsible for all Third-Party services' fees incurred by you for use of the Platform. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party services and to protect your computer systems from viruses, worms, trojan horses and other harmful or destructive content that may be included on or with any Third-Party services. The Facilitator disclaims any and all responsibility or liability for any harm resulting from your use of Third-Party services, and you hereby irrevocably waive any claim against the Facilitator with respect to any Third-Party services.
If you have a complaint regarding the infringement of your intellectual property rights, including copyright, in material posted or distributed on the Platform, you may contact our Grievance Officer.
FlipTree takes intellectual property rights seriously and has adopted the following procedure for addressing claims of infringement in accordance with the Digital Millennium Copyright Act (DMCA) and applicable intellectual property laws.
Any notice alleging that materials hosted by or distributed through the Platform infringe upon intellectual property rights, including but not limited to copyright, must include the following information:
An electronic or physical signature of the owner of the copyright or other intellectual property right being infringed, or the person authorized to act on behalf of the owner.
A description of the copyrighted work or other intellectual property right that you claim has been infringed. If multiple copyrighted works or intellectual property rights are covered by a single notification, you may provide a representative list of such works.
A description of the material that you claim is infringing or is the subject of infringing activity, including information reasonably sufficient to permit us to locate the material on the Platform.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright or intellectual property right, or are authorized to act on behalf of the owner.
Please submit any DMCA Takedown Notices or intellectual property complaints to the following contact information:
Grievance Officer: Mr. Shanu V Shaji
Email: grievance@fliptreetech.com
Please note that FlipTree reserves the right to terminate the accounts of repeat infringers in accordance with the DMCA and other applicable laws.
The Facilitator Content is protected by copyright, trademark, and other laws of India, foreign countries, and international conventions. Except as expressly provided in these Terms, the Facilitator and its licensors exclusively own all right, title, and interest in and to the Platform and the Facilitator Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of the Facilitator used herein are trademarks or registered trademarks of the Facilitator. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
At all times Users on the Platform are expected to conduct themselves honorably, while engaging in a conversation or while being in a chat. The services provided by the Platform is only an aid to enable parties to know each other better and the platform provided should not be used for illegal or immoral purposes of any kind. No kind of bullying is acceptable. Language employed should be discreet, words and sentences must be typed in full. Employment of slang in conversation is discouraged. Spamming is banned. Sending of links and images of any kind is strictly prohibited. The Users must not engage in any unlawful activity. Offensive and sexually explicit photographs, pictures or material should not be sent using the services provided on the Platform. The Platform provided should not be used for trading or transferring banned and illegal substances, drugs, narcotics and alcoholic beverages or substances. The privacy of the parties should be respected unscrupulously. The use of the word "STOP" signals the end of the conversation and beyond this no attempt should be made to reach the party raising the signal. No party is permitted to record chats on the Platform. Additionally, you are required not to post any identifiable information about the party with whom engagement is carried out on any form of social media or otherwise at any place. Users shall not post content that shares or solicits any private information, either directly or through external links. Other untoward incidents which the parties may come across shall be reported to the Facilitator at the earliest. Any violation of the Terms will lead to termination of Account of the offending User and in appropriate cases legal action may be initiated. You may use the Platform only for lawful purposes and in accordance with this Agreement.
You agree not to:
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Attempt to interfere with the proper working of the Platform.
Collect, harvest, or publish any personally identifiable data including but not limited to names of Users or other Account information from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes.
Defame, harass, abuse, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to the Facilitator employees and Users.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods not supported by the Facilitator.
In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, for use on a mirrored, competitive, or third-party site.
Modify copies of any materials from the Platform.
Submit User Content that damages the experience of any User including but not limited to: (a) requests to download non-Facilitator mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on the Platform; (b) offers to purchase a Service or any other service outside of the Platform; or (c) using a profile page or username to promote services not offered on or through the Platform.
Take any action that: (a) may disable, overburden, damage, or impair the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third party participation; (c) bypasses measures that are used to prevent unauthorized access to the servers on which the Platform is stored, or any server, computer or database connected to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses, trojan horses, worms, logic bombs or any other technologies that may harm the Platform or Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates fee structure, billing, payments, or fees owed.
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems.
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform.
Use another person's Account, misrepresent yourself or Services offered through the Platform, misrepresent your identity or qualifications, misrepresent information, or post Content in any inappropriate category or areas on the Platform.
Use any device, software or routine that interferes with the proper working of the Platform.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Use the Platform in any way that violates any applicable Union, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India, United States or other countries).
Use the Platform to impersonate or attempt to impersonate the Facilitator, a Facilitator employee, another User or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing.
Use the Platform to solicit, advertise for, or contact Users for employment, contracting, or other purposes unrelated to the Services facilitated through the Platform without the express written consent of the Facilitator.
Violate any key Facilitator policies that govern your use of the Platform and our interactions with you and third parties.
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Facilitator or Users of the Platform or expose them to liability.
Misuse the written spaces on the Platform.
Share details of your Account with another person.
The Facilitator will promptly terminate without notice the accounts of Users that are determined by the Facilitator to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Content removed from the Platform at least twice.
All payments, subscriptions, and refunds are managed exclusively through external providers, including Apple and Google. FlipTree does not process refunds or manage subscription cancellations directly. Users must contact the respective provider (Apple or Google) for refund requests, cancellations, or billing issues. FlipTree disclaims all liability for financial transactions or refunds, as these are subject to the external provider's terms and policies.Since the Platform does not sell physical goods there is no cancellation or return. Users can make a payment to purchase Digital Goods on the Platform which can be used for soliciting connections with other Users. New Digital Goods may be introduced, and older Digital Goods may be modified or removed from time to time.
When you purchase products and services from FlipTree, your subscription will automatically renew, and you will be charged unless you cancel. FlipTree may offer products and services for purchase through external platforms like iTunes, Google Play, or other authorized third-party services ("External Service"). Any purchase you make through such platforms will be referred to as an "External Service Purchase". FlipTree exclusively offers products and services through external providers such as Apple and Google ("External Service Purchases"). No purchases or subscriptions are processed directly through FlipTree.
When you purchase a subscription through an external provider like Apple or Google, it will automatically renew until you cancel, in accordance with the terms and conditions of the external provider. If you decide to cancel your subscription, you will retain access to your subscription benefits until the end of your subscription period, after which it will expire. It is important to note that canceling your subscription will not remove your account from our platform, as FlipTree's services may still be used without an active subscription. If you wish to fully terminate your account, you must follow the instructions in Section 30 to do so.
As a global business, FlipTree offers varying pricing models based on several factors, including but not limited to region, subscription length, bundle size, previous purchases, and account activity. We often provide promotional rates that may differ based on these variables, and we regularly test new features and payment options. If you do not cancel your subscription in a timely manner, it will automatically renew at the full rate, as indicated during your original purchase. By continuing your subscription, you authorize FlipTree to charge your payment method for the full renewal amount. We also reserve the right, within the boundaries of the law, to adjust or discontinue products, services, or promotions at any time, limit quantities available, set conditions for honoring discounts or promotions, bar users from certain transactions, or refuse service at our sole discretion. No prior notice is required for any of these actions.
When you make an in-app purchase, you will be prompted to enter details for your account with your Software Store ("In-App Purchase Account"), and your In-App Purchase Account will be charged for the in- app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your In-App Purchase Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in-app purchase, your In-App Purchase Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your In-App Purchase Account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Platform from your Device. Deleting your Account or deleting the Platform from your Device does not cancel your subscription; the Platform will retain all funds charged to your In-App Purchase Account until you cancel your subscription through your In-App Purchase Account. Payments: As a User you agree to pay all amounts you owe associated with your purchase of Digital Goods. You must keep all payment information you provide us up-to-date, accurate and complete. Do not share your payment card, bank account or other financial information with any other User. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of yourpersonal financial information to any unintended recipients. The Platform may enable you to make payments using different Payment Methods. We reserve the right to cancel your ability to make payments with one or more of the Payment Methods you have authorized in our sole and absolute discretion. Invoicing and the associated payment processing for Digital Goods purchase will also involve collecting the applicable taxes mandated by the local, state, or federal government or a combination of all.
All purchases, including subscriptions, are managed exclusively through external providers such as Apple and Google. FlipTree does not handle payment methods, process billing errors, or manage subscriptions directly. By making a Purchase , you agree to pay the prices displayed for the Services you've selected, as well as any applicable sales or similar taxes, which may change over time. You authorize FlipTree to charge the payment method you provide (your "Payment Method"). FlipTree reserves the right to correct any billing errors or mistakes, even after payment has been requested or received. If you initiate a chargeback or reverse a payment made with your Payment Method, FlipTree may immediately terminate your account, assuming that you no longer wish to maintain your subscription. If the chargeback or payment reversal is overturned, please contact us for further assistance.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will be charged periodically for the subscription until you cancel. After your initial subscription period, and again after each subsequent subscription period, the subscription will automatically renew for the same price and time frame as agreed upon during your initial purchase, until you decide to cancel.
To cancel a subscription, you must log into your External Service Account (Apple ID or Google Play) and follow the instructions provided by the external provider. Even if you delete your FlipTree account or remove the app from your device, your subscription will remain active until canceled directly with the external provider.
Furthermore, you authorize FlipTree to obtain updated or replacement expiration dates and card numbers for your credit or debit card from your card issuer. The terms governing your payment will be based on your Payment Method and may depend on agreements between you and your financial institution, credit card issuer, or other provider of the Payment Method you choose.
External Service Purchases, including subscriptions, may be processed through an External Service, such as Apple ID or Google Play, in which case those purchases must be managed through your External Service Account. Subscriptions will automatically renew until you cancel.
When making a purchase via an External Service, such as with your Apple ID or Google Play account ("External Service Account"), your External Service Account will be charged according to the terms disclosed at the time of purchase and the general terms applicable to your External Service Account. Depending on your location, some External Services may charge sales tax, which may change over time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will be charged periodically for the subscription until you cancel. After your initial subscription period, and again after each subsequent period, the subscription will automatically renew at the agreed-upon price and duration. If you received a discounted promotional offer, the price may increase after the initial period, per the terms of the offer.
To cancel a subscription: If you do not wish for your subscription to renew automatically or if you want to modify or terminate it, you must log into your External Service Account and follow the instructions to manage or cancel your subscription, even if you have already deleted your account or removed the app from your device. For example, if you subscribed using your Apple ID, cancellation must be handled by Apple, not FlipTree. To cancel a subscription through Apple ID, go to the app’s Settings and follow the instructions. You can also reach out to Apple Support for assistance.
Similarly, if you subscribed through Google Play, cancellation is managed by Google. To cancel a purchase through Google Play, open the Google Play app on your mobile device, go to Settings, and follow the instructions. You can also request help through Google Play Support. If you cancel a subscription, you will still have access to the service until the end of the current subscription period, and it will not renew once that term ends.
Shipping and Return Policy: Since the Platform does not sell physical goods there is no Shipping or Return Policy.
Refunds and Cancellation Policy: In general, payments once made, are not refunded under any circumstances. In other words, you do not have the option of canceling or getting a refund for any payment. It follows that you will not be getting a refund for any payment when your membership is terminated. We may make an exception if a refund is requested within 14 days of the transaction date if the payment was made in a currency other than INR, if the paid Digital Goods remain unused, and if the laws applicable in your jurisdiction provide for refunds. Such refunds will be issued within 30 business days. Any payment-related queries regarding payments made from iOS devices using your Apple ID must be sent to Apple and not to the Facilitator. To request a refund, please visit https://getsupport.apple.com. If you made the payment using your Google Play Store, please contact https://support.google.com/googleplay. All requests for refunds, disputes, chargebacks, or payment errors must be submitted directly to the external provider (Apple or Google) through their respective support systems. FlipTree does not review, process, or resolve payment disputes.
Generally, all purchases made through the Peck Dating App are final and nonrefundable. However, special refund terms apply for subscribers in the EU, EEA, UK, Switzerland, Korea, Israel, and certain U.S. states, including Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin. All refund requests must be directed to the external provider (Apple or Google) where the subscription or purchase was made.
For most users, all purchases are final and nonrefundable, and there are no refunds or credits for partially used subscription periods unless the laws in your jurisdiction specifically provide for such refunds.
For subscribers residing in the EU, EEA, UK, and Switzerland: In accordance with local law, you are entitled to a full refund within the first 14 days after your subscription begins. Please note that this 14-day refund period starts when your subscription is activated. Refunds must be requested directly through the external provider (Apple or Google).
For subscribers residing in Germany: You have the right to terminate your subscription after it has renewed, with a notice period of one month. This does not affect your right to terminate for cause at any time. Refund requests must be handled by your external provider.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea: In line with local law, you are entitled to a full refund for your subscription and/or any unused Virtual Items within 7 days of the purchase date. This 7-day period starts when the purchase is made. Refund requests must be submitted to your external provider.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and Israel: You have the Right to Cancel your subscription without penalty or obligation, anytime before midnight on the third business day following the date of your subscription. If you pass away before the end of your subscription period, your estate is entitled to a refund for any portion of the subscription that extends beyond your death. Additionally, if you become disabled and are unable to use our services before the end of your subscription period, you are entitled to a refund for any part of the subscription period after your disability. To exercise these rights, all refund requests must be submitted to the external provider where your subscription was purchased.
If any of the above situations apply to you and you subscribed using your Apple ID: Refund requests will be handled directly by Apple, not FlipTree. To request a refund through Apple, use your Apple device to go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Locate the transaction and select "Report a Problem." You can also request a refund through Apple Support. If any of the above situations apply to you and you subscribed using your Google Play account: Refund requests will be handled directly by Google, not FlipTree. To request a refund through Google, use your Android device to go to Google Play Store > Tap your Profile Icon > Payments & Subscriptions > Order History. Locate the transaction and select "Report a Problem." You can also request a refund through Google Play Support by visiting https://support.google.com/googleplay.
FlipTree does not handle purchases or refunds directly. For any payment issues or disputes, users must contact the external provider (Apple or Google) where the purchase was made. No refunds will be issued by FlipTree under any circumstances.
Payment Failures: You remain responsible for any uncollected amounts. You agree to make all payments you owe when due, regardless of whether you have an active Account. If you fail to make payments you owe when due the Facilitator reserves all rights permissible under law to recover payment and all costs and expenses incurred, including attorneys' fees, in our pursuit of your payment. In the event of Payment Failures, we reserve the right to terminate or suspend your Account. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by the Facilitator or by anyone on its behalf, including but not limited to a third-party collection agent. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. If you cancel your Account at any time, you will not receive any refund.
If you initiate a chargeback or otherwise reverse a payment made through your External Service Account, the Facilitator may immediately terminate your account at its sole discretion, as this action indicates that you no longer wish to maintain a subscription. Should your chargeback or payment reversal be overturned, please contact your External Service Provider (Apple or Google) for further assistance, as FlipTree does not manage payment reversals or refunds. All funds charged to your External Service Account will remain subject to the policies of the external provider, and FlipTree will not issue or process any refunds.
Refunds, if applicable, are governed solely by the External Service Provider's terms and conditions. Certain users may be eligible to request a refund directly through the External Service Provider. For additional details, please refer to the refund policies of Apple or Google. FlipTree is not responsible for processing or managing such refund requests.
Virtual Items are non-refundable and subject to specific conditions. From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, and revocable license to access or use special features, such as credits for virtual items like Seeds, etc ("Virtual Item(s)") from the Peck Dating App. Virtual Items can only be purchased through the Peck Dating App or its authorized partners via our Services.
Virtual Items represent a limited license right under this Agreement, and, unless otherwise prohibited by applicable law, you are not granted any title or ownership of these Virtual Items. This Agreement should not be interpreted as a sale of any rights to Virtual Items.
Any Virtual Item balance displayed in your account does not reflect a real-world balance or stored value. Instead, it represents the extent of your license. Virtual Items do not carry fees for non-use, but the license granted for Virtual Items will expire according to the terms of this Agreement, either when FlipTree ceases to provide services or when your account is closed or terminated.
FlipTree reserves the sole discretion to charge fees for access to or use of Virtual Items, and we may also distribute Virtual Items with or without charge. FlipTree may manage, regulate, control, modify, or eliminate Virtual Items at any time, including making changes that could affect the perceived value or purchase price of Virtual Items. FlipTree shall not be liable to you or any third party if we exercise any of these rights. The transfer of Virtual Items is strictly prohibited, and you may not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU UNDERSTAND THAT FLIPTREE IS NOT OBLIGATED TO PROVIDE REFUNDS FOR ANY REASON, AND YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS IF YOUR ACCOUNT IS CLOSED, WHETHER THAT CLOSURE IS VOLUNTARY OR INVOLUNTARY.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE PLATFORM, COLLECTIVE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PLATFORM WILL NOT BE RESPONSIBLE FOR ANY ISSUES OR CONCERNS RESULTING OR ARISING BETWEEN USERS ON ACCOUNT OF OR IN THE PROCESS OF CHAT CONVERSATIONS BOTH AUDIO AND VIDEO. THE FACILITATOR MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS, THEIR ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT OF USERS YOU MEET THROUGH THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, THE FACILITATOR AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INVESTORS, LICENSORS, PARTNERS, MEMBERS, CONTROLLING PERSONS, AND SUCCESSORS AND ASSIGNS EXPLICITLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT.
NEITHER THE FACILITATOR NOR ANY PERSON ASSOCIATED WITH THE FACILITATOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. THE FACILITATOR MAKES NO REPRESENTATION OR WARRANTY THAT ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR YOUR PARTICULAR PURPOSES. WITHOUT LIMITING THE FOREGOING, NEITHER THE FACILITATOR NOR ANYONE ASSOCIATED WITH THE FACILITATOR REPRESENTS OR WARRANTS THAT THE PLATFORM, COLLECTIVE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FACILITATOR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM OR SERVICES. THE FACILITATOR MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE FACILITATOR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. THE FACILITATOR SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FACILITATOR OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT THE FACILITATOR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM. THE FACILITATOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. THE FACILITATOR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE FACILITATOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT. THE FACILITATOR IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT, INCLUDING DAMAGE CAUSED BY SECURITY BREACHES, BUGS, TAMPERING, HACKING, OR OTHER TECHNICAL DISRUPTIONS OR MALFUNCTIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE FACILITATOR AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INVESTORS, LICENSORS, PARTNERS, MEMBERS, CONTROLLING PERSONS, AND SUCCESSORS AND ASSIGNS BE LIABLE FOR: (A) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, COLLECTIVE CONTENT ON THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) PROPERTY DAMAGES; (E) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PAIN AND SUFFERING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (F) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (G) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; (H) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM; (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (J) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF THE FACILITATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (K) QUALITY OF SERVICES OFFERED BY THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLIPTREE SHALL HAVE NO MONETARY LIABILITY TO YOU FOR ANY CLAIMS RELATING TO THE PLATFORM, SERVICES, OR CONTENT. ALL PAYMENTS, REFUNDS, AND TRANSACTIONS ARE HANDLED EXCLUSIVELY BY THIRD-PARTY PROVIDERS SUCH AS APPLE OR GOOGLE, AND ANY FINANCIAL DISPUTES MUST BE RESOLVED DIRECTLY WITH THEM ACCORDING TO THEIR TERMS AND CONDITIONS. IN NO EVENT SHALL FLIPTREE BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FLIPTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. FOR JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF MONETARY LIABILITY ARE NOT ENFORCEABLE, FLIPTREE'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. HOWEVER, ALL FINANCIAL DISPUTES, INCLUDING REFUNDS AND CANCELLATIONS, REMAIN THE SOLE RESPONSIBILITY OF THE EXTERNAL PROVIDERS THROUGH WHICH TRANSACTIONS ARE PROCESSED. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE DAMAGES LIMITATION SET FORTH ABOVE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE PLATFORM, AND THESE TERMS.
You agree to release, defend, indemnify and hold harmless the Facilitator and its affiliates and subsidiaries, and their respective officers, directors, employees, agents and investors, licensors, partners, members, controlling persons, and successors and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including Your Content and your conduct toward other users, including but not limited to, any use of the Collective Content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Platform. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Facilitator on an individual basis in arbitration, as set forth in this Arbitration Agreement (collectively, the "Arbitration Agreement"). This will preclude you from bringing any class, collective, or representative action against the Facilitator, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Facilitator by someone else. You and the Facilitator agree that any dispute, claim or controversy arising out of or relating to: (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof; (b) your access to or use of the Platform and/or Services at any time; or (c) whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a dispute, claim or controversy arises before or after the date you agreed to the Terms or after the termination of this Agreement, will be settled by binding arbitration between you and the Facilitator, and not in a court of law. (d) This Arbitration Agreement does not cover disputes related to payments, billing, subscriptions, or refunds, as these matters are governed solely by the external provider’s policies. Users agree to waive any right to pursue FlipTree for monetary compensation, refunds, or other financial entitlements, as FlipTree has no involvement in processing payments or managing refunds. YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Unless both you and the Facilitator otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Any part of this Dispute Resolution Section that is prohibited by applicable law shall not apply to users residing in the corresponding jurisdiction. For example, specific provisions of this section may not apply to users residing within the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or Switzerland. The online dispute settlement platform of the European Commission is available at Online Dispute Resolution | European Commission. FlipTree does not participate in dispute resolution procedures before a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland.
Informal Disupte Resolution Process: If you are dissatisfied with our Services for any reason, we encourage you to first contact us so that we can attempt to resolve your concerns without the need for external intervention. If you choose to pursue a dispute, claim, or controversy against FlipTree, the following terms will apply. FlipTree is not responsible for resolving disputes related to payments, refunds, or subscriptions, as these are managed solely by external providers such as Apple or Google. Users must contact the respective provider to address payment-related concerns, and any resolution will be subject to the provider's policies. FlipTree will not participate in or facilitate the resolution of financial claims or disputes. For the purposes of this Dispute Resolution Process and Arbitration Procedures, as outlined in this Section, “FlipTree” shall include its affiliates, employees, licensors, and service providers.
FlipTree values its relationship with you and seeks to foster mutual benefits from resolving Disputes informally. A “Dispute” refers to any dispute, claim, or controversy between you and FlipTree that arises from or relates in any way to this Agreement, the Services, or our relationship with you. “Dispute,” as used in this Agreement, shall be interpreted broadly to include claims arising before the existence of this or any prior agreement, as well as claims arising during the term of or after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and FlipTree).
If you have a Dispute with FlipTree (“Your Dispute”), prior to formally pursuing arbitration or small claims court, you agree to first send a detailed written notice (“Notice”) to FlipTree at the following address: 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021, Attn: Claims & Disputes. If Your Dispute includes individual claims of sexual assault or sexual harassment in connection with your use of the Services, you are required to first send a detailed written notice (“Notice”) to FlipTree at the address provided below. This ensures that FlipTree is made aware of the allegations and can take appropriate action to address the issue promptly and effectively. Any failure to send this Notice before pursuing further legal or arbitration processes may result in dismissal of the claim for failure to comply with the terms of this Agreement. If FlipTree has a Dispute with you (“FlipTree’s Dispute”), FlipTree will send a Notice to your most recent email address on file with us, or if no email address is available, to the other contact information associated with your account.
Your Notice must include the following information: (1) your full name; (2) information that allows FlipTree to identify your account, including a screenshot or picture of your profile, your address, mobile phone number, email address, and date of birth used to register your account (if applicable); and (3) a detailed description of Your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking, along with a calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. FlipTree’s Dispute Notice will likewise set forth a detailed description of FlipTree’s Dispute, including the nature and factual basis of its claim(s), the relief it is seeking, and a corresponding calculation of damages (if any).
You and FlipTree agree to negotiate in good faith in an attempt to resolve the Dispute. As part of this good faith effort, FlipTree may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you are represented by counsel. Similarly, you may request a telephone conference to discuss FlipTree’s Dispute, and FlipTree will have a representative participate. (For clarity, FlipTree’s termination of your account as described in Section 30 does not constitute a Dispute under this section.)
This informal process is intended to lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice, and the Parties have not agreed to an extension of this informal dispute resolution period, you or FlipTree may initiate arbitration (subject to either Party’s right to elect small claims court as provided below). Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to comply with this requirement is a breach of this Agreement.
The statute of limitations and any filing fee deadlines will be tolled while you and FlipTree engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), will not accept or administer any demand for arbitration and will administratively close any arbitration unless the Party bringing such demand certifies in writing that the terms of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and enjoin any arbitration or small claims court action accordingly.
All offers, promises, conduct, and statements made during the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and shall not be admissible in any subsequent proceeding (except to certify that the Party met the requirements of the informal dispute resolution process before initiating arbitration). However, evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FLIPTREE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION. YOU AND FLIPTREE EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR OTHERWISE SEEK RELIEF ON A CLASS BASIS AGAINST THE OTHER, INCLUDING ANY PENDING ACTIONS AGAINST FLIPTREE. TO THE FULLEST EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS.
THE ARBITRATOR MAY AWARD THE SAME RELIEF AVAILABLE IN COURT; HOWEVER, THE ARBITRATOR MAY ONLY GRANT FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT GRANT FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS.
IF A COURT DETERMINES THAT ANY OF THE PROVISIONS IN THIS PARAGRAPH ARE UNENFORCEABLE WITH REGARD TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND FLIPTREE AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF YOU HAVE BROUGHT.
IF THIS PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE DEEMED NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL COMPONENT OF THIS ARBITRATION AGREEMENT.
Any Dispute that is not resolved informally by FlipTree customer service, or as provided under this Section, shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION, except as expressly provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or FlipTree may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services must first follow the notification and informal resolution process outlined in this Agreement. FlipTree takes such claims seriously and requires written notice to ensure the allegations are investigated and addressed appropriately before arbitration or further legal proceedings. Failure to comply with this process may result in dismissal of the claim. If a request to proceed in small claims court is made after arbitration has been initiated but before an arbitrator has been appointed, the arbitration provider (NAM) shall administratively close the arbitration. Any controversy regarding the jurisdiction of the small claims court shall be determined exclusively by that court. Decisions made by a small claims court shall have no preclusive effect in any proceeding involving FlipTree and anyone other than you. In the event that the small claims court determines it lacks jurisdiction to hear the Dispute, you and FlipTree shall arbitrate the Dispute in accordance with the terms of this Agreement.
All other issues (except as otherwise provided herein) shall be decided exclusively by the arbitrator, including but not limited to the scope and enforceability of this Dispute Resolution Section, questions of arbitrability, requests to proceed in small claims court after the appointment of an arbitrator, and any disputes regarding whether either Party has breached or waived the right to arbitrate under the Dispute Resolution Section. If either you or FlipTree challenges the election of small claims court for your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, this court determination shall not be binding or have preclusive effect in any proceeding involving FlipTree and any individual other than you.
Any court proceeding to enforce this Dispute Resolution Section, including any proceeding to confirm, modify, or vacate an arbitration award, must be initiated in accordance with the jurisdiction and venue provisions outlined in this Agreement. If for any reason this Dispute Resolution Section is held to be unenforceable, any litigation against FlipTree (except for small claims court actions) must be brought exclusively in the federal or state courts located in Ernakulam, Kerala, India. You hereby irrevocably consent to the personal jurisdiction of these courts for such purposes and waive any claim that these courts constitute an inconvenient forum.
This subsection applies to Disputes submitted to NAM after completing the informal dispute resolution process outlined in the subsection above, where neither you nor FlipTree has elected to proceed in small claims court. Any arbitration between you and FlipTree shall be administered by NAM in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures (“NAM Rules”) in effect at the time a demand for arbitration is filed, as modified by the terms of this Dispute Resolution Agreement. For a copy of the NAM Rules, you may visit Rules, Fees & Forms - National Arbitration and Mediation or contact NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530, or by email at commercial@namadr.com. If NAM is unable or unwilling to fulfill its obligations under this Agreement, the Parties will mutually agree on an alternative administrator to assume NAM’s role in accordance with this Agreement. Should the Parties be unable to agree, they may petition a court of competent jurisdiction to appoint an arbitration provider who will assume NAM’s duties under this Agreement, with the terms of this Agreement taking precedence over any conflicting provider rules.
The Parties agree that the following procedures will apply to any arbitration initiated under this Dispute Resolution Section (subject to either Party’s small claims court election as described above):
Bellwether proceedings are encouraged by courts and arbitration administrators in cases involving multiple disputes with similar claims against the same or related parties. In the first round of bellwether proceedings, counsel for the claimants in the Mass Filings (including you) and counsel for FlipTree shall each select 15 Demands for Arbitration (for a total of 30) to proceed. At no time shall more than these 30 arbitrations be filed, processed, adjudicated, or pending. Each of these individual arbitrations will be presided over by a different Claim Arbitrator. While these 30 arbitrations are in progress, no other Demands for Arbitration from the Mass Filings shall be filed, processed, or pending.
If the remaining Demands for Arbitration are not resolved after the first set of bellwether proceedings, the Parties will continue the bellwether process for four additional rounds. In each successive round, the number of Demands for Arbitration selected by counsel for both Parties will increase by five (5) claims each. In the second round, counsel for both the claimants and FlipTree will select an additional 20 Demands for Arbitration (40 total), followed by 25 each (50 total) in the third round, 30 each (60 total) in the fourth round, and 35 each (70 total) in the fifth round. Each individual arbitration in these rounds will also be presided over by a different Claim Arbitrator. During these additional rounds, no other Demands for Arbitration within the Mass Filings shall be filed, processed, or adjudicated until they are selected by the Procedural Arbitrator.
Following the first round of bellwether proceedings, but before the second round, counsel for the Parties will engage in a global mediation, which will be conducted by a retired federal or state-court judge, unless otherwise agreed by the Parties. FlipTree shall not bear the cost of the mediator’s fees. After each subsequent round (second, third, fourth, and fifth), the Parties should discuss additional mediation opportunities and work toward resolving the remaining Demands for Arbitration. Mediation will only proceed with the mutual consent of both Parties’ counsel.
If the remaining Demands for Arbitration are not resolved after the fifth round of bellwether proceedings, and if the Parties do not agree to continue with further rounds, the Parties will work with NAM to establish a fair process for adjudicating the remaining claims individually. The Procedural Arbitrator will determine the number of Demands for Arbitration that can proceed at any one time and the method for selecting which claims will proceed, considering the capacity of both Parties’ counsel and NAM to handle and administer the individual arbitrations. Any Demand for Arbitration not selected during the bellwether process will only be deemed filed, processed, or adjudicated once selected by the Procedural Arbitrator.
At any time after the first set of 30 Demands for Arbitration are resolved, the Parties may agree to forego further bellwether proceedings for additional Mass Filings claims. The fees associated with any Demand for Arbitration within the Mass Filings, including fees owed by FlipTree or the claimants (including you), will only become due once the Demand for Arbitration has been selected to proceed as part of a bellwether proceeding or has been selected by the Procedural Arbitrator to proceed following the conclusion of the bellwether process. These fees will then be properly designated for filing, processing, and adjudication.
Throughout this process, the Parties are encouraged to meet and confer regularly to explore ways to streamline the proceedings, including discussions about increasing the number of Demands for Arbitration that can be handled in sets of staged bellwether proceedings. Either Party may also negotiate with NAM to reduce and defer fees and to streamline procedures. If you are part of a Mass Filing, any applicable statute of limitations (or other limitation periods) shall be tolled from the time you initiate the informal dispute resolution process as outlined in the Informal Dispute Resolution Process section of this Agreement. Once the first set of Demands for Arbitration in the initial bellwether proceedings are filed, your claims will remain tolled until your Demand for Arbitration is selected by either counsel for the Parties or by the Procedural Arbitrator following the conclusion of the bellwether proceedings.
A court of competent jurisdiction located in the appropriate venue as outlined in this Agreement shall have the power to enforce this subsection.
You and FlipTree agree that we both value the integrity and efficiency of the arbitration and small claims court process and wish to employ these processes for the fair resolution of genuine and sincere disputes between us. Both Parties agree to act in good faith to ensure the fair resolution of these disputes. The Parties further agree that these Mass Filings procedures are reasonably designed to result in the efficient and fair adjudication of such cases.
This Dispute Resolution Section applies to all Disputes between the Parties, including claims that accrued prior to your consent to this Agreement, as well as any claims that accrue after your consent to this Agreement. Notwithstanding any other provision of this Agreement, you may choose to opt out of the retroactive application of this Dispute Resolution Section with respect to claims that accrued against you or FlipTree prior to the time you consented to this Agreement. To opt out, you must send written notice to us within 30 days of your consent to this Agreement at the following email address: grievance@peckdating.com. Please note that this email address is solely for the purpose of opting out of the retroactive application of Dispute Resolution.
Your opt-out notice must include sufficient information to identify your account(s), such as the email address or phone number associated with your account(s), and must clearly state that you are opting out of the retroactive application of this Dispute Resolution Section.
Please note that if you choose to opt out of the retroactive application of this Dispute Resolution Section, you will still be bound by any Dispute Resolution Sections, Arbitration Procedures, and related provisions (including any arbitration clauses and class action waivers) that you previously agreed to under prior terms.
Additionally, regardless of whether you opt out of the retroactive application of this section, any claims that accrue against you or FlipTree after your consent to this Agreement will still be subject to the terms of this Dispute Resolution Section.
Exceptions: You retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration: The Parties shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any dispute ("Dispute") by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If the dispute is not resolved within ninety (90) days from the date of such dispute, then such dispute may only be resolved through an individual arbitration conducted in accordance with the provisions of The Arbitration and Conciliation Act, 1996, by the sole arbitrator. The seat of Arbitration shall be Ernakulam, Kerala, India. We shall appoint the sole arbitrator. The arbitration proceedings shall be conducted in the English language.
Process: A party who intends to seek arbitration must first send a written notice ("Notice") of the Dispute to the other party by registered/certified Mail. The Facilitator's address for Notice is: 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021 Attn: Claims & Disputes. The Notice must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the Dispute directly, but if the parties do not reach an agreement to do so within ninety (90) days after the Notice is received, you or the Facilitator may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Facilitator must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, the Facilitator will pay you the amount awarded by the arbitrator, if any.
No Class Actions: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE FACILITATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Facilitator agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.
Severability and Survival: If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. This Arbitration Agreement shall survive any termination of your Account or the Platform. Financial matters, including payments, subscriptions, and refunds, are outside the scope of this Arbitration Agreement and are governed by the policies of the external providers (Apple and Google). FlipTree disclaims all liability for such matters, and users agree that no monetary claims or entitlements may be pursued against FlipTree.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Facilitator's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Facilitator in writing. This provision shall not affect the Severability and Survival section of the Arbitration Agreement of these Terms.
This agreement is governed in all respects by the laws of the Union of India and local state laws, rules and regulations and any dispute arising hereunder shall be subjected to the jurisdiction of Courts at Ernakulam and you consent to the exclusive jurisdiction of the Court. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Facilitator's failure to act with respect to a breach by you does not waive the Facilitator's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. The Facilitator shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Facilitator's reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during your Account registration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
Without limiting any other rights reserved herein, the Facilitator may, in its sole discretion, take any action permitted by law and/or seek injunctive relief as determined by the Facilitator for any violation of these Terms or any other policy or agreement between you and the Facilitator, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid fees, assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling your postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution. Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree to pay all out-of-pocket expenses including attorneys' fees and costs incurred by the Facilitator in enforcing provisions of this agreement, remedying any breach or perceived breach hereof.
This Agreement is effective upon your creation of a User Account. You may discontinue your use of the Platform at any time, for any reason. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Account in whole or in part. The Facilitator reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if the Facilitator believes you have violated these Terms, misused the Services, or behaved in a way deemed inappropriate or unlawful, on or off the Platform.If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from the Facilitator support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Services cancelled or delayed as a result of Account termination. If you would like to cancel, deactivate, or delete your Account, please delete your Account directly on the Platform. You can delete your account at any time by logging into the App, going to “Settings”, clicking “Delete Account”, and following the instructions to complete the deletion process. However, you will need to cancel or manage any External Service Purchases through your External Service Account (Apple or Google) to avoid additional billing. However, you will need to cancel or manage any subscriptions or purchases through your External Service Account (Apple or Google Play) to avoid additional billing, as all refunds and cancellations are processed solely by these providers.
Please note that if your Account is deleted, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, including, but not limited to, any reviews or feedback. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or the Facilitator terminate your participation or access to the Platform. However, you will need to cancel or manage any subscriptions or purchases through your External Service Account (Apple or Google Play) to avoid additional billing, as all refunds and cancellations are processed solely by these providers. If the Facilitator terminates or suspends a User Account for any reason, the User is prohibited from registering a new account under their name or an alias. The Facilitator reserves the right to terminate your membership or Account, suspend a profile, or disable access with respect to a breach of any of the terms in this Agreement with or without notice. Under any circumstances, purchases made on the Platform will not be refundable.
a. Special termination right for UK residents - Termination under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: This section applies to you only if you are a "Consumer" as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") and resident within the UK and have not commenced to use the Platform. In the event the Regulations apply to these Terms, you may terminate your Account within fourteen (14) days of registering as a User on the Platform by providing notice in writing. This notice shall be sent from your registered email ID to support@peckdating.com. You may use the Service immediately upon registering as a User. If you have commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be taken to have requested we provide the Service. In the event that you have requested we provide the Service, you will be required to pay for the value of the Service up until the time you cancel the Service. You will be taken to have commenced to use the Service by doing any of the following: (i) Sending messages to other Users; (ii) Reading received messages from other Users; (iii) Sending show interest alerts to other Users; (iv) Transmitting Digital Goods to other Users. If you have not commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be provided with a refund of any fees you have paid within14 days of our receipt of your notice of termination. Any refunds for subscription fees must be requested directly from Apple or Google, as they are processed according to their respective refund policies. The refund is NOT APPLICABLE to your purchase of Digital Goods as they are delivered immediately upon you completing the payment. Users who are a resident of a nation in the European Union agree that this Agreement is governed by the laws of England and Wales and agree to submit to the exclusive jurisdiction of the courts of England and Wales.
b. Special termination right for non-EU residents: Users who are a resident of a nation that is not in the European Union agree that this Agreement is governed by the laws in force in Ernakulam, India and agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
c. Special termination right for some US residents: If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin of the United States at the time of entering into this Agreement, then the following provision applies to you: You may cancel this Agreement, without penalty or obligation, at any time within three (3) business days of subscribing to paid Services (the Cancellation Period). To cancel this Agreement, you must send us an email stating that you are cancelling this Agreement, or words to that effect. This notice shall be sent from your registered email ID to support@peckdating.com. All refunds must be requested through Apple or Google, and are subject to their refund policies. The Platform does not process refunds directly. The refund is NOT APPLICABLE to your purchase of Digital Goods as they are delivered immediately upon you completing the payment.
If you are a resident of California, Illinois, New York, or Ohio at the time of you entering into your subscription, then the following provision applies to you: In the event that you die before the end of your subscription period, Your estate or representative must contact Apple or Google to request the refund, which will be processed under their respective policies. The refund is NOT APPLICABLE to your purchase of Digital Goods as they are delivered immediately upon you completing the payment.
d. Special termination right for EU residents: This section applies to you only if you are a "Consumer" as defined in the Consumer Rights Directive 2011/83/EU (the "Regulations") and resident within the European Union and have not commenced to use the Platform. In the event the Regulations apply to these Terms, you may terminate your Account within fourteen (14) days of registering as a User on the Platform by providing notice in writing. This notice shall be sent from your registered email ID to support@peckdating.com. You may use the Service immediately upon registering as a User. If you have commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Rights Directive 2011/83/EU, you will be taken to have requested we provide the Service. In the event that you have requested we provide the Service, you will be required to pay for the value of the Service up until the time you cancel the Service. You will be taken to have commenced to use the Service by doing any of the following: (i) Sending messages to Users; (ii) Reading received messages from Users; (iii) Sending Show interest alerts to Users; (iv) Transmitting Digital Goods to other Users. If you have not commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Rights Directive 2011/83/EU, you will be provided with a refund of any fees you have paid within 14 days of our receipt of your notice of termination. Refunds must be requested directly from Apple or Google and are subject to their terms and policies. The Platform does not handle refund processing. The refund is NOT APPLICABLE to your purchase of Digital Goods as they are delivered immediately upon you completing the payment.
e. The Facilitator reserves the right, at any time and without prior notice, to remove or disable access to User Content within 24 hours that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason. The Facilitator also reserves the right in our sole discretion, at any time and without prior notice, to suspend, deactivate, or permanently close User Accounts within 24 hours that are in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.
Your information will be maintained and deleted in accordance with our Privacy Policy.
Assignment: You may not assign these Terms without the Facilitator's prior written approval. The Facilitator may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of the Facilitator's equity, business or assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
Force Majeure: Other than payment obligations, neither the Facilitator nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but not limited to:
a. Acts of God, such as severe acts of nature or weather events including but not limited to floods, fires, earthquakes, hurricanes, or explosions.
b. Acts of declared or undeclared war, terrorism, pandemics, epidemics, or national disasters.
c. Acts of governmental authorities such as expropriation, condemnation, or changes in laws and regulations.
d. Unavailability of necessary utilities, blackouts.
e. Strikes and labor disputes.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that the Facilitator may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform.
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. These Terms are current as of the effective date set forth above. The Facilitator may, in its sole and absolute discretion, change these Terms at any time to the extent permitted by law. The Facilitator will post its updated Terms on the platform and update the Terms effective date. The Facilitator encourages you to review these Terms regularly for any changes. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Your continued use of the Platform or Service after such amended terms have been posted shall be deemed your consent and agreement to such amended terms. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This includes any use of the Platform through a mobile device, application, or computer. You also agree to be bound by (i) these Terms, which may be modified from time to time, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and (iii) any additional terms that may apply at the time of purchase. If you do not agree to all of the terms and conditions of this Agreement, you are not permitted to access or use the Platform or its Services.
For the purposes of this Agreement, any reference to pronouns or variations thereof shall be interpreted to apply equally to masculine, feminine, neuter, singular, or plural forms, depending on the context and entities or individuals involved.
This Agreement, along with the Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips, and any additional terms that may apply at the time of purchase, constitutes the entire agreement between you and the Facilitator regarding your use of the Platform and Services. This Agreement supersedes any prior agreements, representations, or understandings, whether written or oral. If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
The failure of the Facilitator to enforce any right or provision under these Terms does not constitute a waiver of such right or provision. You acknowledge that your account on the Platform is non-transferable, and upon your death, all rights to your account and its content will terminate, unless otherwise required by law.
Any rights or licenses granted to you under this Agreement may not be transferred or assigned by you, but may be assigned by the Facilitator without restriction. This Agreement does not create any agency, partnership, joint venture, fiduciary relationship, or employment relationship between you and the Facilitator, and you do not have the authority to make representations or bind the Facilitator in any manner.
The Facilitator does not conduct criminal background checks or identity verification on its Users. While we encourage a respectful and safe user experience, the Facilitator is not responsible for the conduct of Users on or off the Platform. You are solely responsible for exercising good judgment when interacting with others and are encouraged to review and follow our Safety Tips.
You acknowledge and understand that the Facilitator does not perform criminal background or identity verification checks on its Users, nor does it inquire into the backgrounds of Users. The Facilitator makes no representations or warranties regarding the conduct, identity, health, physical condition, intentions, legitimacy, or veracity of Users. However, the Facilitator reserves the right to conduct – and you authorize the Facilitator to conduct – any criminal background checks or screenings (such as sex offender registry searches) at any time using publicly available records. If any screening is conducted through a consumer reporting agency, you authorize the Facilitator to obtain and use a consumer report about you to assess your eligibility under these Terms.
You are fully responsible for your interactions with other Users. The Facilitator cannot and does not guarantee your safety and is not a substitute for following the provided Safety Tips and taking sensible precautions. Always use your best judgment and appropriate safety measures when communicating with or meeting someone new. Communications through the Platform, including automatic notifications sent by the Facilitator, may be used by some Users for improper purposes, such as fraud, abuse, harassment, or other forms of misconduct.
While we strive to promote a respectful environment, the Facilitator is not liable for the behavior of any User on or off the Platform. You agree to exercise caution in all interactions with other Users, especially if you decide to communicate outside the Platform or meet in person.
The following special terms apply to Users residing in specific locations, including Israel, Denmark, Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
For subscribers residing in New York:
The Platform does not guarantee any specific number of “referrals.” Instead, the Services allow subscribers to view as many profiles as they wish.
Subscribers may place their subscription on hold for up to one year by managing their subscription directly through Google or Apple, following the respective platform's policies.
Details regarding how your information is used and how you can access it are provided in our Privacy Policy.
You have the right to review the New York Dating Service Consumer Bill of Rights.
For subscribers residing in North Carolina:
You may review the North Carolina Buyer’s Rights.
For subscribers residing in Illinois, New York, North Carolina, and Ohio:
Our Services are available throughout the United States. If you believe you have relocated to a location where the Services are not provided, please contact Google or Apple (whichever platform you used for your purchase) for assistance with alternative options or a potential refund, as per their respective terms and conditions.
For subscribers residing in Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel: You may cancel your subscription without penalty or obligation through Google or Apple by following their cancellation procedures.
In the event of death, your estate must contact Google or Apple (depending on where the subscription was purchased) to request a refund for the unused subscription period, subject to their terms and conditions.
If you become disabled and unable to use the Platform, please contact Google or Apple for a refund of the unused subscription period, following their respective policies.
For subscribers residing in Denmark:
If you wish to cancel your subscription, you may complete and submit the standard cancellation form provided in the Appendix. Please note: if your subscription was purchased Google, any cancellation or termination must be made directly through Apple.
Exception to the Right of Cancellation: You may not cancel an order involving digital content that is not delivered on a physical medium once processing has begun with your prior consent and acknowledgment that such action waives your right to cancellation. This applies, for example, to purchases of Virtual Items, which are final, non-exchangeable, and non-refundable.
As a User if you have any grievance regarding the Platform or the Service, you can contact our Grievance Officer Mr. Shanu V Shaji at No. 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021 or by sending an email to grievance@peckdating.com.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Appendix
Standard Form of Cancellation (for residents of Denmark only)
To:
FlipTree Digital Private Limited, No. 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021 Email: grievance@peckdating.com
I hereby declare that I wish to exercise my right of withdrawal in connection with my purchase agreement for the provision of the following services.
Order number:
Order date:
Customer's name:
Customer's address:
Customer's email address:
The customer's phone number:
Date: