Operator Terms

• “Operator”, “you” or “your” means the person or entity that owns, operates, manages or is otherwise entitled to licence the workspace listed on the platform, and that has registered an operator account.
• “Customer” means a person or entity who books or enquires about a Listing through the platform.
• “Listing” means a workspace, plan, rate and related content you publish on the platform, including hot desks, dedicated desks, private cabins, meeting rooms, managed offices and virtual offices.
• “Booking” means a confirmed reservation of a Listing made by a Customer through the platform.
• “Base Price” means the price you set for a Listing, exclusive of GST.
• “Commission” means our fee, calculated on the Base Price at the rate determined under clause 9.
• “Transfer Amount” means the amount we remit to you for a Booking, calculated under clause 10.
• “Operator Portal” means the authenticated area of the platform through which you manage Listings, bookings, enquiries and payouts.

2.1 These Operator Terms apply to you in your capacity as an Operator. They are separate from, and take precedence over, our Terms and Conditions, which govern Customers and visitors. Where the two conflict in respect of your obligations as an Operator, these Operator Terms prevail.

2.2 Our Privacy Policy and Cancellation & Refund Policy form part of these Operator Terms.

2.3 If we have signed a separate written agreement with you, that agreement prevails to the extent of any inconsistency.

3.1 You are the supplier. The contract for the use of the workspace is between you and the Customer. We are not a party to it. We do not own, operate, lease or control your premises.

3.2 We are an intermediary. We operate a discovery and booking platform and act as an electronic commerce operator within the meaning of the Central Goods and Services Tax Act, 2017, and as an intermediary within the meaning of the Information Technology Act, 2000.

3.3 We collect on your behalf. We collect the amount payable by the Customer as your limited payment collection agent. Payment by a Customer to us discharges that Customer’s payment obligation to you to the extent of the amount collected, whether or not we have yet remitted it to you.

3.4 Nothing in these Operator Terms creates a partnership, joint venture, franchise, or employment relationship between us, and neither party may hold itself out as having authority to bind the other beyond what clause 3.3 and clause 8 expressly provide.

3.5 These Operator Terms are non-exclusive. You remain free to list and sell your workspace through any other channel, subject to clause 14.

4.1 To list a space you must complete onboarding, which requires business details, KYC documents (including PAN and, where you are registered, GSTIN), at least one Listing with photographs and pricing, and bank account details for payouts.

4.2 You warrant that all information and documents you provide are true, accurate and current, that you are authorised to provide them, and that you will update them promptly if they change. Providing false information is a material breach.

4.3 Verification is a condition of going live. A Listing cannot be published as available, and cannot be booked, until we have verified your operator account. We may verify, decline to verify, or re-verify at our discretion, and we are not obliged to give reasons. Any indicative verification timeline shown on the platform is a target, not a contractual commitment.

4.4 A Listing is bookable by Customers only while all of the following remain true: your account is active and verified; the Listing is live; we hold payout details for you; the plan being booked carries a price you have set; and we hold your GST registration status. If any of these lapses, the Listing will show as enquiry-only until it is corrected.

6.1 You must keep availability and pricing current in the Operator Portal. Inventory shown on the platform is taken from what you publish there.

6.2 A confirmed Booking must be honoured. You must provide the workspace booked, on the dates and terms booked, at the price booked. You may not require a Customer to pay any additional amount at the premises for anything included in the Listing.

6.3 If you cannot honour a Booking, you must notify us immediately through the Operator Portal or the contact details in clause 23. Clause 11.3 governs the financial consequences.

6.4 You must apply your house rules consistently and must not refuse access to a Customer with a confirmed Booking except for a lawful reason, including a genuine and proportionate concern for safety, security or breach of house rules disclosed in advance.

7.1 You set the Base Price for each plan. Prices you publish are exclusive of GST; GST is added and shown to the Customer at checkout in accordance with clause 8.

7.2 A Booking is priced at the rates in effect at the moment the Customer confirms it. A subsequent price change does not affect a Booking already confirmed.

7.3 You must not publish a price you are not willing to honour, and must not use the platform to advertise a rate you make unavailable in practice.

9.1 We charge Commission on the Base Price of each Booking, exclusive of GST. Commission is not charged on the GST component, nor on any amount you collect directly from the Customer outside the platform.

9.2 Your rates are agreed with you individually. There is no single published rate. Commission is set separately for each of four categories — hourly bookings, day bookings, monthly bookings, and virtual offices — and the rates that apply to you are the rates agreed with you and recorded against your account.

9.2.1 Where no individual rate has been agreed with you for a category, our default rate for that category applies until one is. You may ask us at any time for the rates currently in effect for your account, and we will tell you.

9.2.2 The rate recorded against your account when a Booking is confirmed is the rate we charge on it. We will not apply a rate higher than that one, and the rate charged is shown against each Booking and in your payout statements.

9.3 Introductory period. On first verification of your operator account we apply a Commission rate of 0% for 30 days. During that period you keep the whole of the Base Price. The period runs from verification whether or not you take any Bookings, is applied once, and is not extended or restarted on re-verification.

9.4 Your rates, and the date any introductory period ends, are shown in the Operator Portal. The rate applied to a Booking is your rate in effect when the Booking is confirmed, and is recorded against that Booking, so a later change cannot alter what was charged on a Booking already taken.

9.5 We may change your rates on 30 days’ written notice. A change does not affect Bookings already confirmed. If you do not accept a change you may terminate under clause 17.4 before it takes effect. Because rates are individual, a change to one operator’s rates does not change yours.

9.6 We may separately charge Customers a platform or handling fee. Any such fee is consideration for a service we supply to the Customer, is additional to the amount payable to you, and is not deducted from the Transfer Amount.

10.1 We collect the full amount payable by the Customer through our payment partner. Card and banking credentials are handled by that partner; we do not store them.

10.2 The Transfer Amount for a Booking is calculated as:

Base Price + GST on the Base Price (if you are registered) − Commission − GST on the Commission − any tax required to be collected at source.

10.3 Because the Transfer Amount includes the GST you must remit, it is larger than your earnings. The Operator Portal shows both figures separately, together with the amount set aside for GST, so that the money reaching your bank reconciles with what you actually keep.

10.4 We remit the Transfer Amount to the bank account you have registered with us, ordinarily within seven (7) business days of the later of the Booking start date and the expiry of the cancellation window for that Booking. We may withhold or delay a payout where a Booking is disputed, where we suspect fraud, where a refund or chargeback is pending, where required by law, or where your bank details are incomplete or have failed verification.

10.5 We may set off against any payout any amount you owe us, including Commission, GST on Commission, refunds we have funded under clause 11.3, chargebacks, and amounts recoverable under clause 18.

10.6 You are responsible for the accuracy of your bank details. We are not liable for a payment made to an account you have given us incorrectly. Changes to bank details are subject to verification and may pause payouts until completed.

10.7 You must raise any discrepancy in a payout within 30 days of the payout date. We will investigate in good faith and correct any error we find.

10.8 Where automated split settlement through our payment partner is enabled for your account, the Transfer Amount may be routed to you directly at the time of capture instead of by periodic remittance. The calculation in clause 10.2 is unchanged.

11.1 Customer cancellations are governed by our Cancellation & Refund Policy. In summary: a cancellation made 24 hours or more before the Booking starts is refunded in full; a cancellation made less than 24 hours before the start is refunded 50%; a no-show, or a cancellation at or after the start, is not refunded.

11.2 Where a Customer cancels, Commission is reversed in proportion to the amount refunded. Where a Booking is refunded in full, no Commission is payable. Where a Booking is refunded in part, Commission is payable on the amount retained.

11.3 Where you cancel. If you cancel a confirmed Booking, or cannot provide the workspace booked, the Customer is refunded in full regardless of timing. You are responsible for that refund: if we have already paid you, we may recover it under clause 10.5. We may also, acting reasonably, recover the reasonable cost of relocating the Customer to a comparable workspace.

11.4 Repeated cancellation by you, or repeated failure to honour Bookings, is a material breach and may result in suspension or delisting under clause 17.

11.5 If you wish to apply cancellation terms different from the Policy for a particular Listing, those terms must be agreed with us in writing in advance and disclosed to the Customer on the booking page before payment. Absent that, the Policy applies.

12.1 To fulfil a Booking we share with you the Customer’s name, contact details and booking details. In respect of that data you act as a separate Data Fiduciary under the Digital Personal Data Protection Act, 2023, and are responsible for your own compliance.

12.2 You may use Customer data only to fulfil and support the Booking, to meet a legal obligation, and to keep your own records for as long as the law requires. In particular you must not:

• use it for marketing, remarketing or profiling without the Customer’s own consent, obtained by you;
• sell, rent or disclose it, except as the law requires;
• use it to contact the Customer in order to move a booking off the platform (see clause 14.2);
• retain it once it is no longer needed for a purpose permitted above.

12.3 You must apply reasonable security safeguards to Customer data, and must notify us without undue delay, and in any event within 48 hours, of becoming aware of any personal data breach affecting data received through the platform, so that each of us can meet its notification obligations.

12.4 You must pass to us promptly any request you receive from a Customer to exercise rights in respect of data we hold, and co-operate with us in responding.

13.1 You represent and warrant, on a continuing basis, that:

• you are duly constituted, and the person accepting these Operator Terms is authorised to bind you;
• you own the premises or hold a valid lease, licence or other right entitling you to sublicense the workspace as listed, and doing so does not breach any agreement binding on you;
• the premises comply with all applicable law, including municipal and zoning approvals, occupancy certification, fire safety, electrical safety, and registration under the applicable Shops and Establishments legislation;
• you hold all licences, permits and registrations required to operate, and will maintain them;
• the premises are safe, clean, and fit for the use for which they are listed;
• you comply with applicable labour, tax, anti-money-laundering and data protection law;
• you are not subject to any insolvency proceeding, and are not debarred from doing business under Indian law.

13.2 You must maintain adequate insurance for the premises and your operations, including public liability cover appropriate to the size and nature of the space, and provide evidence on reasonable request.

13.3 Where you offer a virtual office or registered address service, you are responsible for issuing valid supporting documentation, for the lawfulness of the address being used for that purpose, and for your own obligations in connection with the Customer’s registration.

14.1 You must not:

• publish false, misleading or fraudulent information, including invented availability or prices you will not honour;
• create or solicit fake bookings, reviews or ratings, or offer any inducement in exchange for a review;
• discriminate against a Customer on any ground protected by law;
• impose charges at the premises for anything included in the Listing;
• misuse the platform, including scraping, reverse engineering or circumventing access controls;
• hold yourself out as 78Flex, or as acting with our authority beyond what these Operator Terms provide.

14.2 Non-circumvention. Where a Customer has been introduced to you through the platform, you must not, for twelve (12) months from that introduction, solicit or encourage that Customer to book the same or comparable workspace from you outside the platform in order to avoid Commission. This does not prevent you from dealing with a Customer who was already your customer before the introduction, or who approaches you independently, and it does not restrict you from supplying any customer through any other channel generally.

14.3 If a Booking is moved off the platform in breach of clause 14.2, we may invoice you the Commission that would have been payable on it.

15.1 The platform, including its software, design, text, graphics, logos and trade marks, is owned by us or our licensors. “78Flex”, the 78Flex logo and 78flex.ai are our trade marks. These Operator Terms grant you no right to use them except as clause 15.2 permits.

15.2 While your account is active you may state factually that your space is listed on or bookable through 78Flex, and use our name and logo for that purpose in a form we have approved. You must stop on termination or on our written request.

15.3 You retain ownership of your own content and marks, subject to the licence in clause 5.2.

15.4 Aggregated and anonymised data derived from platform activity, which does not identify you, a Customer, or your individual pricing, belongs to us and may be used to operate and improve the platform and to publish market insight.

16.1 Each party may receive information of the other that is confidential, including commercial terms, Commission rates, customer lists, pricing strategy, and technical or business information. Each party must keep such information confidential, use it only for the purposes of these Operator Terms, and disclose it only to those of its personnel and advisers who need it and who are bound by equivalent obligations.

16.2 These obligations do not apply to information that is public other than through breach, was already lawfully known, is independently developed, or is required to be disclosed by law or a competent authority — in which case the disclosing party must, where lawful, give prior notice.

16.3 These obligations survive termination for three (3) years, and indefinitely in respect of personal data and trade secrets.

17.1 We may suspend or remove a Listing, or suspend your account, immediately and without prior notice where we reasonably consider it necessary — including where a Listing is materially inaccurate, where there is a credible concern about safety, legality or fraud, where you fail to honour Bookings, where a required document or registration has lapsed, or where the law or a competent authority requires it.

17.2 Where we suspend without prior notice we will tell you as soon as reasonably practicable, and will restore the Listing if the reason is resolved to our reasonable satisfaction.

17.3 We may terminate these Operator Terms on 30 days’ written notice, or immediately for material breach that is not remedied within 15 days of notice, or immediately on your insolvency.

17.4 You may terminate on 30 days’ written notice given through the Operator Portal or to the address in clause 23.

17.5 On termination your Listings will be removed from the platform, but Bookings already confirmed for dates after termination must still be honoured on their original terms unless we agree otherwise, and the provisions on payouts, set-off, confidentiality, data, liability and indemnity continue to apply to them. We will remit amounts properly due to you in the ordinary course.

18.1 The platform is provided on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted or error-free, and we give no guarantee of any volume of enquiries, bookings, revenue or search placement.

18.2 Subject to clause 18.4, our aggregate liability to you arising out of or in connection with these Operator Terms in any twelve-month period is limited to the total Commission we actually retained from you in the three months preceding the event giving rise to the claim, or ₹25,000, whichever is greater.

18.3 Neither party is liable for indirect, special, incidental, consequential or punitive loss, or for loss of profit, revenue, goodwill, business or data, however arising.

18.4 Nothing in these Operator Terms limits liability for fraud, fraudulent misrepresentation, wilful misconduct, or any liability that cannot lawfully be limited.

18.5 You will indemnify us and our directors, officers, employees and agents against any claim, loss, liability, tax, penalty, interest or expense (including reasonable legal costs) arising out of or in connection with:

• your breach of these Operator Terms or of applicable law;
• the condition, safety, legality or suitability of your premises, or any injury, death or damage occurring at them;
• your Listing content, including any claim that it infringes a third party’s rights;
• any failure to supply a workspace booked, or any dispute between you and a Customer;
• any tax arising on your supply, including as a result of GST registration status you have stated incorrectly;
• your handling of Customer personal data.

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including natural disaster, fire, civil unrest, epidemic or pandemic, government action, or failure of utilities or telecommunications. The affected party must notify the other promptly and use reasonable efforts to mitigate. Nothing in this clause relieves either party of an obligation to pay or refund money that has been collected.

20.1 We may amend these Operator Terms. The current version is always published here with its effective date and version number.

20.2 We will give you at least 7 days’ notice of a material change, by email or through the Operator Portal, before it takes effect. A change to Commission requires 30 days’ notice under clause 9.5.

20.3 If you do not accept a change, your remedy is to terminate under clause 17.4 before it takes effect. Continuing to list a space after the effective date constitutes acceptance.

20.4 A change does not affect Bookings already confirmed before it takes effect.

21.1 These Operator Terms are governed by the laws of India.

21.2 If a dispute arises, the parties will first attempt to resolve it in good faith. Either party may escalate by written notice; the parties will then have 30 days to resolve it.

21.3 Any dispute not resolved under clause 21.2 will be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is New Delhi and the language is English. The award is final and binding.

21.4 Subject to clause 21.3, the courts at New Delhi have exclusive jurisdiction. Nothing prevents either party from seeking urgent interim relief from a competent court.

22.1 Notices to you may be given by email to the address registered on your account or through the Operator Portal. Notices to us must be sent to the address in clause 23. Notice by email is deemed given on the next business day after sending.

22.2 You may not assign or transfer these Operator Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

22.3 If any provision is held unenforceable, the remainder continues in effect and the provision will be read down to the minimum extent necessary.

22.4 A failure or delay in enforcing a right is not a waiver of it.

22.5 These Operator Terms, together with the documents referred to in clause 2.2, are the entire agreement between us in respect of your listing of workspace on the platform, and supersede any prior understanding.

22.6 Nothing in these Operator Terms confers any right on a third party.

Questions about these Operator Terms, or notices given under them, should be addressed to:

Kinetic Blume India Pvt Ltd
1105, 11th Floor, Ansal Bhawan, 16 Kasturba Gandhi Marg
New Delhi 110001, India
GSTIN: 07AAMCK1039J1ZE
Email: support@78flex.ai
Phone: +91 98187 99144