User Agreement

USER AGREEMENT

TERMS OF SERVICE
This Terms of Service Agreement (“Agreement”) governs the access to and use of the digital platform, website, mobile application, and related services operated by Safarhub, a platform facilitating tourism, commerce, regional products, informational content, and associated services.
By accessing, registering on, or using the Platform, the user (“User”) agrees to be bound by this Agreement, including all policies incorporated herein by reference.
Definitions
“User” means any individual who accesses, browses, registers, or uses the Platform in any manner.
“Services” means all digital services offered through the Platform, including but not limited to e-commerce listings, tourism-related services, informational content, reward systems, blogs, and community features.
“Partner” means any third-party service provider, seller, vendor, or collaborator listed or integrated on the Platform.
“Applicable Law” means all statutes, rules, regulations, guidelines, directives, notifications and orders of the Republic of India and applicable State Governments including but not limited to:
Information Technology Act, 2000 and associated rules (recognizing intermediary obligations and digital contracts); 
Consumer Protection Act, 2019 (protecting consumer rights); 
Digital Personal Data Protection Act, 2023 (governing personal data processing); 


DATA COLLECTION, RECORD RETENTION & USER RIGHTS
Compliance with Data Protection Laws


The Platform shall collect, process, store, and retain User data in accordance with applicable laws, including:
Digital Personal Data Protection Act, 2023 (DPDP Act)
Information Technology Act, 2000, and related rules
Applicable Consumer Protection laws ( Consumer Protection Act, 2019, Consumer Protection (E-Commerce) Rules, 2020 )


Purpose Limitation & Non-Sale of Data


User data shall be collected solely for lawful purposes, including identity verification, safety compliance, transaction processing, analytics, fraud prevention, and regulatory compliance. The Platform does not sell personal data to third parties.
Record Retention


Transaction records, identity verification logs, and relevant user activity data may be retained for a reasonable period as required for safety, dispute resolution, legal compliance, and audit purposes.
USER CONDUCT, COMMUNITY SAFETY & CONTENT
 You shall not engage in:
 (a) Harassment, abuse, exploitation, or conduct that threatens the safety of others, including   women and vulnerable groups;
 (b) Discrimination or content derogatory to gender, caste, tribe, ethnicity, religion, nationality, disability, or any protected characteristic;
 (c) Behavior undermining public order, sovereignty, integrity of India, or constitutional values;
 (d) Fraudulent, deceptive, or harmful behavior, including impersonation, misrepresentation of identity, or unlawful content. 
You agree that any Content You submit (including reviews, blogs, comments, photos) must be lawful, respectful, accurate, and not infringe third-party rights. The Platform reserves the right to remove or restrict any Content that violates these Terms or Applicable Law.
USE OF SERVICES
You agree to use the Platform for lawful purposes only and in accordance with Applicable Law.
You shall not misuse, interfere with, reverse-engineer, alter, or disrupt the Platform’s systems, data, or underlying infrastructure.
You are responsible for all activity conducted under your account. You must keep your credentials confidential and notify the Platform promptly of unauthorized access.

ELIGIBILITY, AGE REQUIREMENTS & IDENTITY VERIFICATION

Legal Capacity and Age Requirement
The User represents and warrants that they are legally competent to enter into a binding contract under the Indian Contract Act, 1872, and that they are at least eighteen 18 years of age.

Use by Minors
Access to or use of the Platform by any person below the age of eighteen (18) years is permitted only under the supervision and consent of a parent or legal guardian. The parent or legal guardian shall be deemed to have accepted these Terms on behalf of the minor and shall be fully responsible and liable for all activities, representations, and obligations arising from such use.



Identity Verification and KYC Rights
The Platform reserves the right, at its sole discretion and at any stage of the User relationship, to verify the identity, age, and eligibility of the User. Such verification may require submission of valid government-issued identification documents, including but not limited to Aadhaar, Passport, Voter ID, or any other document as may be required under applicable law or Platform policy.

Accuracy and Truthfulness of Information
The User undertakes that all information, declarations, and documents submitted to the Platform shall be true, accurate, complete, current, and not misleading. Submission of false, forged, impersonated, incomplete, or misleading information shall constitute a material breach of this Agreement.

Suspension, Termination & Notice
In the event of breach of this Clause, the Platform reserves the right to:
a) Suspend or restrict User access;
b) Terminate the User account with prior written notice of up to seven 7 days, or
c) Immediately terminate the User account without notice where required for legal compliance, safety, fraud prevention, or protection of Platform interests.

Legal Consequences & Penalties
Where false information, impersonation, or misuse attracts liability under applicable laws, the Platform may initiate appropriate action, including:
Reporting the matter to competent authorities;
Imposition of penalties, charges, or recovery of losses, subject to limits prescribed under applicable government regulations;
Initiation of civil or criminal proceedings under relevant statutes. 
Termination under this Clause shall not affect the Platform’s right to pursue legal remedies or recover damages as permitted by law.
PAYMENTS, PRICING, COOLING PERIOD & CHARGES
Initial Cooling Period
The Platform may, at its discretion, offer Users an introductory cooling period of up to thirty (30) days during which no mandatory platform usage fees are charged.
The cooling period is:
Promotional and non-binding in nature
Subject to modification, extension, or withdrawal by the Platform at any time
Not a waiver of future payment obligations
Continued use of the Platform after the cooling period shall be deemed acceptance of applicable charges.
Introduction of Charges
The Platform reserves the right to introduce, revise, or restructure:
Service fees
Convenience fees
Subscription charges
Transaction-based charges
Optional add-on services
Such changes shall be communicated through Platform notifications or updates to these Terms, as required under Applicable Law.

PAYMENT AUTHORIZATION & BILLING
Authorized Payments Only
All payments must be made through Platform-authorized payment channels. Payments made outside such channels shall not be recognized or protected by the Platform.
User Responsibility
The User is solely responsible for:
Accuracy of payment information
Any taxes, duties, or statutory charges applicable
Ensuring sufficient funds for transactions


The Platform shall not be responsible for payment failures caused by third-party payment gateways, banks, or technical issues beyond its control.

REFUND POLICY
General Principle
Refunds are not automatic and shall be governed strictly by this Agreement, applicable Partner policies, and Applicable Law.
Non-Refundable Situations
Unless expressly stated otherwise, refunds shall not be issued for:
Change of mind or personal preference
Partial use of services
Delays or disruptions caused by force majeure events
Services rendered by third-party Partners in accordance with their stated terms
Promotional, discounted, or reward-based services
Conditional Refunds
Where refunds are permitted, they shall be subject to:
Verification of the claim
Applicable cancellation timelines
Deduction of service fees, processing charges, or statutory levies
Refunds, if approved, shall be processed within a reasonable period, subject to the payment provider's timelines.
Platform Limitation
The Platform acts primarily as a facilitator. Refund obligations arising from third-party services shall be subject to the respective Partner’s refund policy, unless otherwise mandated by law.

REWARDS, DISCOUNTS & LOYALTY BENEFITS
Nature of Rewards
Rewards, discounts, loyalty benefits, coupons, or promotional credits offered on the Platform are:


Discretionary and non-transferable
Non-cash in nature unless explicitly stated
Subject to expiry, modification, or withdrawal


No Vested Rights
Rewards do not constitute property, contractual rights, or guaranteed benefits. The Platform may modify or discontinue reward programs without liability.

CANCELLATION, & PENALTY POLICY
(Compliant with Consumer Protection Act 2019, Indian Contract Act 1872 & RBI Guidelines)
Free Cancellation (Cooling-Off Period)
User Entitlement: Any User may cancel a confirmed booking at no charge within 45(Forty-five) days of booking confirmation, provided the tour/service has not commenced.
Cancellations Beyond 24 Hours (Service-Linked Penalties Apply)
Cancellations requested after the initial 24-hour cooling-off period shall be subject to the following penalty structure:
Cancellation Timeline | Penalty Applicable | Refund Calculation | Conditions
After 45 days  before Service Commencement, 15% of the booking value, 85% refunded, Administrative costs + resource allocation
45-30 days before Service Commencement, 35% of booking value, 65% refunde, |Partner coordination + slot loss
After 30- 7 days No-Show (no prior cancellation), 100% penalty (no refund), Zero refund, Full service cost borne by Platform & Partner
Cancellation Request Protocol
1. Method: All cancellations must be submitted through the Platform's dedicated cancellation interface or customer support portal
2. Confirmation: The User shall receive a cancellation acknowledgment with a timestamp within 24 hours
3. Verification Period: The Platform reserves the right to verify cancellation eligibility within 24 hours (e.g., service not already commenced, User identity confirmation)

4. Processing Timeline: Upon verification, the Platform shall initiate refund processing within 5 business days



LEADERBOARD & PERFORMANCE DISPLAYS
Informational Purpose
Leaderboards displayed on the Platform are for informational and engagement purposes only and do not represent definitive rankings, certifications, or endorsements.
Link to Rewards
Certain rewards or promotional benefits may be linked to leaderboard metrics. However:
Leaderboard data may change
Rewards are not guaranteed
The Platform retains final discretion over eligibility and allocation



TRAVEL INSURANCE & OPTIONAL SERVICES
Optional Nature
Travel insurance, protection plans, or similar risk-mitigation products may be offered through the Platform via third-party providers. Participation in such offerings is entirely optional.
Third-Party Responsibility
Insurance coverage, claims, and disputes shall be governed by the insurer’s terms. The Platform does not underwrite, guarantee, or adjudicate insurance claims.



MARKETING, PROMOTIONAL&COLLABORATIVE ACTIVITIES
Voluntary Participation
The Platform may offer Users opportunities to participate in:
Marketing campaigns
Promotional events
Entertainment or community initiatives
Surveys, contests, or collaborations


Participation is voluntary and optional. Non-participation shall not affect core Platform access unless expressly stated.
Use of Participation Data
Participation-related data may be used for marketing analytics and promotional purposes in accordance with the Platform’s Privacy Policy.

**NO GUARANTEE OF SAVINGS OR BENEFITS
Disclaimer
The Platform does not guarantee: Lowest prices, Maximum discounts, Availability of rewards, Financial savings
All offers are subject to availability, Partner policies, and external conditions.

DISPUTE RESOLUTION & ARBITRATION

Amicable Resolution


The Parties shall first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good-faith negotiations.
Arbitration


If the dispute is not resolved within thirty (30) days, it shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.
The seat and venue of arbitration shall be Kolkata, West Bengal, India.
The arbitration shall be conducted by a sole arbitrator appointed by the Platform.
The language of arbitration shall be English.


Jurisdiction


Subject to arbitration, courts of competent jurisdiction at Kolkata, West Bengal, India shall have exclusive jurisdiction.
OPPORTUNITY FOR REPRESENTATION & AMICABLE RESOLUTION
Notice of Termination
 
Except in cases requiring immediate action under Applicable Law or for reasons of fraud, safety, security, or regulatory compliance, the Platform shall issue a written notice of termination to the User, providing a notice period of seven (7) days before terminating the User's account.
Right to Representation During Notice Period


During the notice period, the User shall have the opportunity to submit representations, clarifications, or objections against the proposed termination. Such representation shall be made only through officially designated communication channels, including the Platform’s registered email address or support system, within the said notice period.
Review by Platform
The Platform shall review the User’s representation in good faith. However, the User acknowledges that:
a) Submission of representation does not automatically stay or revoke the termination;
b) The Platform retains sole discretion to accept or reject such representation based on internal review, safety considerations, contractual obligations, and Applicable Law.
No Judicial or Quasi-Judicial Obligation
The User expressly acknowledges that the Platform is not a judicial or quasi-judicial authority, and the review process does not constitute a legal adjudication or hearing.
Immediate Termination Exception
Notwithstanding the above, the Platform reserves the right to suspend or terminate access without prior notice where immediately:
a) Required by law, court order, or government directive;
b) There is a reasonable belief of fraud, impersonation, identity misuse, or illegal activity;
c) There is a risk to user safety, women's safety, community integrity, or public order;
d) Continued access may expose the Platform to legal, regulatory, or reputational harm.
Finality of Decision
The decision of the Platform following the review process shall be final and binding, subject only to remedies available under Applicable Law.
INDEMNITY
User Indemnification
The User agrees to indemnify, defend, and hold harmless the Platform, its founders, directors, officers, employees, affiliates, partners, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, penalties, and expenses (including reasonable legal fees) arising out of or related to:
a) The User’s breach of this Agreement or any Platform policy;
 b) Violation of any Applicable Law, regulation, or government directive;
 c) Submission of false, misleading, or unlawful information or content;
 d) Misuse of the Platform, services, rewards, promotions, or community features;
 e) Any act or omission that causes harm to another user, partner, third party, or the Platform.
Survival
This indemnity obligation shall survive termination or expiration of this Agreement.
LIMITATION OF LIABILITY
Platform Role
The User acknowledges that the Platform primarily acts as a technology facilitator and intermediary and does not directly control third-party service providers, partners, or external events.
Exclusion of Certain Damages
To the maximum extent permitted under Applicable Law, the Platform shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to loss of profits, business, reputation, data, or opportunity.
Liability Cap
Where liability cannot be excluded by law, the Platform’s total aggregate liability shall be limited to the amount actually paid by the User to the Platform, if any, during the six (6) months preceding the event giving rise to the claim, or such lower amount as permitted by law.

GOVERNMENT ORDERS, TAKEDOWN & LEGAL COMPLIANCE

Statutory Compliance
The Platform shall comply with lawful orders, directions, notices, and takedown requests issued by competent government authorities, courts, or regulators under Applicable Law, including, but not limited to, the Information Technology Act, 2000, the DPDP Act, and Consumer Protection laws.
Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
Failure to enforce any provision shall not constitute a waiver of rights.
Assignment
The Platform may assign or transfer this Agreement, in whole or in part, including in connection with mergers, acquisitions, or restructuring.
Force Majeure
The Platform shall not be liable for failure or delay caused by events beyond reasonable control, including natural disasters, government actions, network failures, or public emergencies.

GRIEVANCE REDRESSAL & USER APPEALS
Appointment of Grievance Officer
In compliance with the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, the Platform has appointed a Grievance Redressal Officer.
The Grievance Officer shall be responsible for addressing User complaints relating to:
Account suspension or termination
Data protection and privacy concerns
Content moderation decisions
Safety, harassment, or misconduct issues
Contact details of the Grievance Officer shall be published on the Platform.
Grievance Submission Procedure
Users may submit grievances in writing through the officially designated email or support system, clearly stating:
Name and registered contact details
Description of the grievance
Supporting documents, if any


Response Timeline
The Platform shall acknowledge receipt of the grievance within twenty-four (24) hours and endeavor to resolve the grievance within fifteen (15) days, as prescribed under applicable rules.

LIMITED APPEAL PROCESS
One-Time Appeal Right
A User whose account is suspended or terminated (except in cases of immediate termination) may submit one (1) appeal only during the notice period or within seven (7) days from receipt of the termination communication.
Scope of Appeal
The appeal shall be limited to factual clarification or correction of errors. Repetitive, abusive, or frivolous appeals shall not be entertained.
Finality of Decision
The Platform’s decision on the appeal shall be final and binding, subject only to remedies available under Applicable Law.

TIME BAR ON CLAIMS
Limitation Period
To the maximum extent permitted under Applicable Law, any claim or dispute arising out of or relating to the use of the Platform must be initiated within six (6) months from the date on which the cause of action arose.
Failure to initiate action within this period shall result in the claim being deemed waived and time-barred.

RECORD RETENTION & AUDIT RIGHTS
Record Maintenance
The Platform may maintain records of:
User registrations and identity verification
Transactions and communications
Content submissions and moderation actions
Safety incidents and complaints
Such records may be retained for lawful purposes, including audits, investigations, dispute resolution, and regulatory compliance.
Audit & Disclosure
The Platform may disclose records to governmental, regulatory, or judicial authorities where required by law or in good-faith compliance.

NO AGENCY OR PARTNERSHIP
Independent Relationship
Nothing in this Agreement shall be deemed to create any agency, partnership, joint venture, employment, or fiduciary relationship between the User and the Platform.

ENTIRE AGREEMENT
Entire Agreement
This Agreement, along with the Privacy Policy and other referenced Platform policies, constitutes the entire agreement between the User and the Platform and supersedes all prior understandings.

GOVERNING LAW & EXCLUSIVE JURISDICTION
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India.
Jurisdiction
Subject to the arbitration clause, courts of competent jurisdiction at [Kolkata, West Bengal, India] shall have exclusive jurisdiction.

ACCEPTANCE
By accessing or using the Platform, the User confirms that they have read, understood, and agreed to be bound by these Terms of Service.

Contact Us
If you have any questions about this User Agreement, please contact us at:

Email: safarhub1@gmail.com

Phone: +91 8240519110

Address: Kolkata, India