Cancellation & Refund Policy

1.1 This Cancellation & Refund Policy (“Policy”) is issued by Kinetic Blume India Pvt Ltd, a company incorporated under the Companies Act, 2013 and having its registered office at 1105, 11th Floor, Ansal Bhawan, 16 Kasturba Gandhi Marg, New Delhi 110001, India (“78Flex”, “we”, “us” or “our”), and governs the cancellation of, and refunds in respect of, Bookings made through the 78Flex platform.

1.2 This Policy is incorporated into and forms an integral part of the 78Flex Terms and Conditions (“Terms”). Capitalised terms not defined herein carry the meaning given to them in the Terms.

1.3 In the event of any inconsistency between this Policy and clause 5.3 of the Terms, this Policy shall prevail in respect of the cancellation of Bookings and the computation of refunds.

1.4 This Policy is published in compliance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, and is applicable to all Users in India.

In this Policy, unless the context otherwise requires:

2.1 “Booking” means a confirmed reservation of a Workspace made by a User through the Platform for which payment has been initiated or completed.

2.2 “Booking Amount” means the total amount actually paid to us by the User in respect of a Booking, inclusive of the Service Fee and all applicable taxes. It does not include any sum paid by the User directly to an Operator, and in respect of a Pay-at-Space Booking the Booking Amount is nil.

2.3 “Commencement Time” means the date and time at which the booked period begins, determined in accordance with clause 3.3.

2.4 “Operator” means the independent third party that owns, operates or manages the Workspace listed on the Platform.

2.5 “Platform” means the 78Flex website at 78flex.ai, and our mobile applications.

2.6 “User” or “you” means the person who makes a Booking through the Platform.

2.7 “Pay-at-Space Booking” means a Booking in respect of which the price of the Workspace is payable by the User directly to the Operator at the Workspace, and no part of which is collected by us. Clause 12 applies to such a Booking, and clauses 3.2, 4 and 5 do not.

3.1 A User may cancel a Booking at any time prior to its Commencement Time, by any of the means set out in clause 6.

3.1A The windows in clause 3.2 apply only where the User has paid us for the Booking. They do not apply to a Pay-at-Space Booking, which is dealt with at clause 12.

4.1 Every percentage in clause 3.2 is computed on the Booking Amount, which includes the Service Fee and all applicable taxes. Payment gateway charges incurred by us are not deducted from a User's refund. This clause does not apply to a Pay-at-Space Booking, in respect of which the Booking Amount is nil and clause 12 applies instead.

4.2 The 10% retained under the first band of clause 3.2 is a charge for processing the refund. It is retained only where the refund is made in money; it is not retained where the User elects 78Flex Credit, no refund then being processed. It is a charge of ours and not a recovery of any amount charged to us by our payment partner.

4.3 All amounts under this Policy, whether in money or in 78Flex Credit, are rounded to the nearest paisa, fractions of half a paisa being rounded upwards.

4.4 Where any part of the price of a Booking was met by 78Flex Credit, that credit is returned in full to the User's balance as credit, and the percentages in clause 3.2 apply only to the amount the User paid in money. Credit so returned is not refunded in money.

4.5 Where any part of the price of a Booking was met by a discount, voucher or promotional code, no amount is payable in respect of that part, no money having been paid for it. The code is released for further use where its terms permit.

4.6 Nothing in this Policy limits any additional refund or remedy we may offer at our discretion in cases of service failure, nor any right available to a User under the Consumer Protection Act, 2019.

5.1 This clause applies to refunds of money. Where clause 3.2 provides for 78Flex Credit, the credit is applied to the User's balance at the time the cancellation takes effect and is available immediately, and clauses 5.2 and 5.3 do not apply to it.

5.2 Refunds of money are made only to the original instrument of payment. We do not remit a refund to any other card, account or instrument, and we do not remit refunds in cash.

5.3 We shall initiate the refund with our payment partner within twenty-four (24) hours of the cancellation taking effect. Credit to the User's account thereafter depends on the User's bank or card issuer and ordinarily occurs within 7 business days. Refunds by UPI ordinarily clear sooner than refunds to cards.

5.4 If a refund has not been credited within 7 business days of cancellation, the User may write to us at support@78flex.ai quoting the booking reference, and we shall trace the transaction with the payment partner.

5.5 Where a Booking was made but payment was not captured, nothing is payable in money or in credit, and the cancellation takes effect immediately.

A User may cancel a Booking by either of the following means:

6.1 Through the Platform. Sign in, open Bookings in your account, open the booking you wish to cancel, and select Cancel booking. This is the only channel that records the cancellation instantly, and Users are advised to use it where the Commencement Time is near.

6.2 By email. Write to support@78flex.ai from the email address associated with your account, quoting the booking reference. A cancellation by email takes effect when our team records it on the Platform, which may be later than the time your email is delivered. Clause 3.4 applies accordingly.

6.3 Cancellation requests communicated to the Operator directly, or by any means other than those set out above, do not constitute a cancellation under this Policy.

7.1 A “no-show” means the failure of a User to attend the booked Workspace during the booked period without having cancelled the Booking. No refund is payable in respect of a no-show.

7.2 A User who expects to arrive late should contact the Operator using the contact particulars set out in the booking confirmation. An Operator may, at its discretion, hold the reservation for a reasonable period, but is under no obligation to do so.

7.3 Where the booking confirmation does not carry the Operator's contact particulars, the User may contact us at support@78flex.ai, and we shall provide them.

8.1 Where an Operator cancels a confirmed Booking, for any reason whatsoever, the User is entitled to a refund of 100% of the Booking Amount irrespective of the time remaining until the Commencement Time. Clause 3.2 has no application to such a cancellation.

8.2 We shall additionally endeavour to secure an alternative Workspace of comparable specification, and may at our discretion bear the difference in price where the alternative is dearer.

8.3 Clause 8.1 applies equally where a Booking cannot be honoured on account of the Workspace being unavailable, misdescribed, or materially different from its listing.

9.1 Neither 78Flex nor the Operator shall be liable for any failure to provide a booked Workspace where such failure arises from an event beyond its reasonable control, including act of God, fire, flood, earthquake, epidemic or pandemic, war, civil commotion, strike, or any order, direction or restriction imposed by a governmental or statutory authority.

9.2 Where a Booking cannot be honoured by reason of such an event, the User is entitled to a refund of 100% of the Booking Amount.

10.1 A User aggrieved by any decision taken under this Policy may refer the matter to our Grievance Officer, appointed pursuant to rule 4(5) of the Consumer Protection (E-Commerce) Rules, 2020, at the particulars set out below:

Grievance Officer
Kinetic Blume India Pvt Ltd
1105, 11th Floor, Ansal Bhawan, 16 Kasturba Gandhi Marg
New Delhi 110001, India
Email: support@78flex.ai
Telephone: +91 98187 99144

10.2 The Grievance Officer shall acknowledge receipt of a complaint within 48 hours of its receipt, and shall redress the complaint within one month thereof, as required by rule 4(5) of the Consumer Protection (E-Commerce) Rules, 2020.

10.3 A User who remains dissatisfied may approach the National Consumer Helpline on 1915 or at consumerhelpline.gov.in, or the District, State or National Consumer Disputes Redressal Commission having jurisdiction, and nothing in this Policy shall be construed as restricting that right.

11.1 A “Site Visit” means an appointment, arranged by us at the User's request, for the User to view a Workspace in person before making a Booking. A Site Visit is not a Booking, and clauses 3 to 9 of this Policy do not apply to it.

11.2 The “Visit Fee” is the sum of ₹20 (inclusive of applicable Goods and Services Tax) payable to us at the time the Site Visit is requested. The Visit Fee is consideration for a service rendered by us, namely the arrangement and coordination of the viewing with the Operator. It is not payment for, or the purchase price of, 78Flex Credit, and it is not a deposit against any future Booking.

11.2A Credit issued on a Site Visit. Where the Visit Fee is paid in money, we issue to the User 78Flex Credit equal to the Visit Fee, at the time payment is received and irrespective of whether the Operator subsequently confirms the Site Visit. That Credit is governed by clause 13.

11.2B Payment of the Visit Fee with Credit. Where a User holds 78Flex Credit sufficient to cover the whole of the Visit Fee, the User may elect to pay the Visit Fee out of that Credit instead of by card or other payment method. Credit may be applied to the Visit Fee only in full; a partial application is not offered. A Site Visit paid for with Credit does not itself give rise to any Credit, and clause 11.4A applies in place of clause 11.4 if it does not proceed.

11.3 The Operator is required to confirm or decline a requested Site Visit within 24 hours. Where the Operator declines, or fails to respond within that period, we shall notify the User.

11.4 Refund of the Visit Fee. Where the Visit Fee has been paid in money, it is refundable in full, to the original payment method, within 7 days of the relevant event, where:

(a) the Operator declines the Site Visit, or fails to respond within the period in clause 11.3;

(b) we are unable to arrange the Site Visit for any reason;

(c) the Site Visit is cancelled by the Operator, or the Workspace is not made available for viewing at the appointed time; or

(d) the User cancels the Site Visit before the Operator has confirmed it.

11.4A Site Visits paid for with Credit. Where the Visit Fee was paid out of Credit under clause 11.2B and any of the events in clause 11.4 occurs, the Credit applied is restored in full to the User's balance. It is not refunded in money, no money having been paid. The User is thereby placed in the same position, in value, as a User who paid the Visit Fee in money and holds Credit of the same amount.

11.5 Where a Site Visit has been confirmed by the Operator and the User thereafter cancels, or does not attend, the Visit Fee is not refundable, the service of arranging the viewing having been performed. The User retains any 78Flex Credit already issued in respect of that Site Visit.

11.6 A refund under clause 11.4 is made in accordance with clause 5, and any 78Flex Credit issued in respect of that Site Visit is withdrawn at the same time. The User is entitled to the refund or the Credit, not to both.

11.6A A User who believes a refund is due under clause 11.4 and has not received it may write to us at support@78flex.ai, quoting the visit reference. We shall respond within the period in clause 10.

11.7 Nothing in this clause 11 limits any right the User has under the Consumer Protection Act, 2019 in respect of a deficiency in the service we have undertaken to provide.

12.1 This clause applies to a Pay-at-Space Booking as defined in clause 2.7. Clauses 3.2, 4 and 5 do not apply to such a Booking, those clauses being concerned with the refund of sums paid to us.

12.2 No sum is collected by us. In respect of a Pay-at-Space Booking the price of the Workspace is payable by the User directly to the Operator at the Workspace. We do not receive, hold or handle any part of that sum at any time, whether as principal or as agent, and the Booking Amount for the purposes of this Policy is accordingly nil.

12.3 Cancellation by the User. A User may cancel a Pay-at-Space Booking at any time before the Commencement Time, by the means in clause 6. Cancellation releases the reservation and we shall notify the Operator that the User is not expected.

12.4 No refund is payable by us. No sum is refundable by us on the cancellation of a Pay-at-Space Booking, in money or in 78Flex Credit, there being no sum in our hands to refund. No processing charge under clause 4.2 is retained, no refund being processed. For the avoidance of doubt, the time at which the User cancels is immaterial: the bands in clause 3.2 are not applied to a Pay-at-Space Booking at all, and no entitlement arises under them.

12.5 Sums already paid to the Operator. Where the User has paid the Operator, in whole or in part, the refund of that sum is a matter between the User and the Operator and is governed by the Operator's own terms. We are not a party to that payment, we give no undertaking as to its refund, and we have no authority to require the Operator to refund it. The User should address any such request to the Operator directly.

12.6 Assistance. Although we bear no liability in respect of a sum paid to an Operator, a User who has difficulty obtaining a refund from an Operator may write to us at support@78flex.ai quoting the booking reference, and we shall put the User's case to the Operator. The Operator's decision is final and this clause creates no entitlement to any sum.

12.7 Cancellation by the Operator. Where the Operator cancels a Pay-at-Space Booking, or the Workspace is not made available, clause 8 applies to the extent that it concerns the notification of the User and the offer of an alternative Workspace. Any sum the User has paid the Operator is recoverable from that Operator and not from us.

12.8 Attendance and our commission. Our commission on a Pay-at-Space Booking is payable to us by the Operator and not by the User. Nothing in this clause, and no dispute between us and the Operator as to that commission, affects the User's position under this Policy or entitles us to any sum from the User.

12.9 Nothing in this clause limits any right the User has under the Consumer Protection Act, 2019 in respect of a deficiency in a service we have undertaken to provide.

13.1 “78Flex Credit” or “Credit” means a promotional discount entitlement issued by us to a User, which may be applied in reduction of the amount otherwise payable by that User on a future Booking made through the Platform, or in payment of the Visit Fee for a Site Visit under clause 11.2B.

13.2 Credit is not money. It is not a deposit, not a prepaid payment instrument, not a voucher purchased by the User, and not a claim on us for any sum. Specifically, Credit:

(a) is issued by us at our discretion as a promotional benefit, and is not sold to the User;

(b) is personal to the User, and may not be transferred, assigned, sold, gifted or pooled with another account;

(c) may not be withdrawn, encashed, or exchanged for money, and carries no entitlement to interest;

(d) may be applied only in reduction of an amount payable to us, and in no circumstances towards any amount payable to an Operator or towards any tax on an Operator's supply. On a Booking this means our own fee only, the User paying the Operator's charges and the tax thereon in money. On a Site Visit, where we are the supplier of the whole service, Credit may be applied to the entire Visit Fee, the tax on that supply being ours to bear and account for; and

(e) confers no right to a refund in money if it expires unused.

13.3 Validity. Credit is valid until the end of the financial year in which it is issued, that is to say until 31 March (Indian Standard Time). 50% of any Credit remaining unused at that time is carried forward into the following financial year; the balance lapses.

13.4 Where a Booking on which Credit was applied is subsequently cancelled, the Credit applied is restored to the User's balance as Credit; as to Site Visits, see clause 11.4A. It is not refunded in money, and the refund of the Booking Amount under clauses 3 to 5 is computed on the sum actually paid by the User.

13.5 We may withdraw or cancel Credit which has been issued in error, obtained by misrepresentation, or obtained through the abuse of a promotion, including by the creation of multiple accounts. We shall notify the User where we do so.

13.6 A User may see the Credit held, its expiry, and the history of how it arose, at any time in their account.

13.7 No Credit on a transaction paid with Credit. Credit accrues only on sums paid in money. Where Credit is applied to a Booking or to a Site Visit, no further Credit arises in respect of the amount so paid.

14.1 Operator-specific terms. Where an Operator stipulates cancellation terms differing from this Policy, those terms shall be disclosed on the booking page before payment is confirmed. In the absence of such disclosure, this Policy applies in full.

14.2 Amendment. We may amend this Policy from time to time. The version in force at the time a Booking is confirmed governs that Booking, and the current version is always available on the Platform bearing its effective date.

14.3 Severability. If any provision of this Policy is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Governing law and jurisdiction. This Policy is governed by the laws of India. Subject to clause 10.3 and to the rights of a consumer to approach a Consumer Disputes Redressal Commission having jurisdiction, the courts at New Delhi shall have jurisdiction.

For any question concerning this Policy:

Kinetic Blume India Pvt Ltd
1105, 11th Floor, Ansal Bhawan, 16 Kasturba Gandhi Marg, New Delhi 110001, India
Support: support@78flex.ai
Grievances: support@78flex.ai
Telephone: +91 98187 99144