Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the TripHexa website, mobile application, software, marketplace and related technology services (collectively, the “Platform”) operated by TripHexa Private Limited.

By accessing, browsing, registering on, or otherwise using the Platform, you acknowledge that you have read, understood and agreed to these Terms. If you do not agree with these Terms, you must not access or use the Platform.

1. Acceptance and Scope

1.1 These Terms constitute a legally binding agreement between TripHexa and each person accessing or using the Platform (“User”).

1.2 These Terms govern the general relationship between TripHexa and a User in relation to access to and use of the Platform.

1.3 Certain services, transactions, Bookings or relationships may be subject to additional or specific terms. By using the relevant service or undertaking the relevant transaction, the User agrees to comply with those applicable terms in addition to these Terms.

1.4 Relationship with Other TripHexa Documents

These Terms of Service govern the general use of the TripHexa Platform.

Where a User makes a Booking as a Traveller, the TripHexa Traveller Terms & Conditions / Booking Terms (“Booking Terms”) shall additionally apply to that Booking and the relevant Travel Experience.

Where a User registers, onboards or operates as a Curator, the TripHexa Curator Agreement (“Curator Agreement”) shall additionally govern the relationship between TripHexa and that Curator.

The TripHexa Privacy Policy (“Privacy Policy”) governs the collection, use, storage, disclosure and processing of personal information in connection with the Platform.

In the event of any conflict or inconsistency between these Terms and any other TripHexa agreement, policy or terms, the document specifically applicable to the relevant relationship, service, Booking or transaction shall prevail to the extent of such conflict. Accordingly, the Curator Agreement shall prevail in matters specifically concerning the Curator’s relationship and obligations towards TripHexa, and the Booking Terms shall prevail in matters specifically concerning a Traveller’s Booking and Travel Experience.

The Booking Terms govern Traveller-facing matters relating to a particular Booking and Travel Experience, including the applicable Travel Experience-specific cancellation and refund policy. The Curator Agreement governs Curator-specific commercial, operational and contractual matters, including Commission, settlement and Platform-Originated Lead obligations. For matters relating generally to access to or use of the Platform which are not specifically addressed in the applicable specific terms, these Terms shall continue to apply.

1.5 TripHexa may amend these Terms from time to time. Updated Terms shall be published on the Platform with the revised “Last Updated” date. Continued use of the Platform after the effective date of revised Terms shall constitute acceptance of the revised Terms, subject to applicable law.

2. Definitions

2.1 In these Terms, unless the context otherwise requires:

• “Booking” means a confirmed reservation or other transaction made through the Platform in respect of a Travel Experience.
• “Booking Terms” means the TripHexa Traveller Terms & Conditions / Booking Terms applicable to a Traveller and a particular Booking.
• “Commission” means any commission or other commercial amount payable to TripHexa by a Curator under the Curator Agreement or other applicable commercial arrangement.
• “Content” means information, text, photographs, graphics, descriptions, videos, listings, reviews and other material made available through the Platform.
• “Curator” means an independent person, business or other third party that creates, lists, organises, manages or provides a Travel Experience through the Platform.
• “Curator Agreement” means the agreement governing the relationship between TripHexa and a Curator.
• “Listing” means a listing or presentation of a Travel Experience, including its description, itinerary, pricing, availability, photographs, inclusions, exclusions and other information made available through the Platform.
• “Platform” means the TripHexa website, mobile application, software, technology infrastructure, marketplace and related digital services.
• “Platform Fee” means any fee or charge payable to TripHexa by a User in connection with specified Platform services, where such fee is disclosed or otherwise applicable.
• “TripHexa Content” means Content created, owned or licensed by TripHexa, including its branding, software, design, interface, databases, technology, documentation and proprietary materials.
• “Travel Experience” means any trip, itinerary, activity, excursion, tour, event, stay, experience or other travel-related offering created or provided by a Curator through the Platform.
• “Traveller” means a User who accesses the Platform to discover, enquire about or book a Travel Experience.
• “User” means any person accessing or using the Platform, including a Traveller or Curator.
• “User Content” means Content submitted, uploaded, posted or otherwise made available by a User through the Platform.

2.2 References to the singular include the plural and vice versa.

2.3 Headings are for convenience only and shall not affect interpretation.

3. About TripHexa

3.1 TripHexa operates as a technology-enabled travel platform, SaaS and marketplace/intermediary that enables Users to discover Travel Experiences offered by independent Curators.

3.2 TripHexa may provide technology infrastructure, marketplace functionality, discovery, search, lead generation, booking facilitation, payment facilitation, communications, notifications, platform tools, SaaS functionality, transaction records and other technology-enabled services.

3.3 Curators independently create, list, organise and execute their Travel Experiences.

3.4 TripHexa does not itself intend to organise, operate or provide the underlying Travel Experiences made available through the Platform.

3.5 Unless expressly stated otherwise for a particular service, TripHexa is not the organiser, tour operator, accommodation provider, transportation provider or actual provider of a Travel Experience.

3.6 The relevant Curator is responsible for the Travel Experience it offers, including its organisation, delivery, representations, personnel, suppliers and compliance with applicable laws, subject to the Curator Agreement and applicable Booking Terms.

3.7 Nothing in these Terms creates a partnership, joint venture, employment, franchise, agency or other representative relationship between TripHexa and a Curator. A Curator acts independently and is not an employee, agent or representative of TripHexa.

4. Eligibility

4.1 The Platform may be used only by persons who are legally competent to enter into binding contracts under applicable law.

4.2 Unless otherwise expressly permitted by TripHexa, a Traveller must be at least 18 years of age to create an Account or make a Booking.

4.3 By using the Platform, the User represents that:

• the information provided is accurate and complete;
• the User has authority to enter into transactions undertaken through the Platform; and
• the User’s use of the Platform complies with applicable law.

4.4 Particular Travel Experiences may have additional eligibility, age, documentation, physical, identification or other requirements specified by the relevant Curator.

4.5 TripHexa may restrict access to any part of the Platform where required by law, regulatory requirements, safety considerations or legitimate Platform requirements.

5. Account Registration and Security

5.1 Certain Platform features may require the User to create an Account.

5.2 The User shall provide accurate, current and complete information and shall promptly update information that becomes inaccurate or outdated.

5.3 The User is responsible for maintaining the confidentiality of Account credentials and for activity undertaken through the Account.

5.4 A User shall not:

• create an Account using another person’s identity;
• impersonate another person or entity;
• create Accounts for fraudulent or abusive purposes; or
• permit unauthorised persons to use the User’s Account.

5.5 The User shall promptly notify TripHexa of suspected unauthorised access or compromise of an Account.

5.6 TripHexa may require identity, contact or other verification information where reasonably necessary for security, fraud prevention, regulatory compliance or Platform integrity.

5.7 TripHexa may refuse registration or restrict Account functionality where reasonably necessary to protect the Platform or its Users.

6. Platform Services

6.1 Subject to these Terms, the Platform may enable Users to:

• search for and discover Travel Experiences;
• view Listings and Curator profiles;
• submit enquiries;
• communicate with Curators;
• make or request Bookings;
• facilitate payments through designated payment infrastructure;
• receive confirmations, notifications and transaction records;
• submit reviews, ratings and feedback;
• access trip-management or other Platform tools; and
• access other technology services introduced by TripHexa from time to time.

6.2 TripHexa may use third-party technology, hosting, payment, communications, analytics and other service providers in operating the Platform.

6.3 TripHexa may modify, suspend or discontinue any portion of the Platform, subject to applicable law and any contractual obligations already undertaken by TripHexa.

6.4 TripHexa does not guarantee that every Platform feature, Travel Experience or Listing will remain available at all times.

6.5 TripHexa may use reasonable automated systems, algorithms and technology to operate, secure, personalise and improve the Platform.

6.6 Nothing in this Clause 6 shall be interpreted as making TripHexa the provider or organiser of a Travel Experience offered by a Curator.

7. Curator Listings and Third-Party Services

7.1 Curators may provide Listings containing itineraries, photographs, descriptions, prices, availability, inclusions, exclusions, restrictions, reviews, Curator profiles and other information.

7.2 The relevant Curator is responsible for the accuracy, completeness and legality of its Listing and for the Travel Experience described in it.

7.3 TripHexa may host, display, organise, moderate or otherwise make Curator Content available through the Platform.

7.4 TripHexa may take reasonable measures to review, moderate, suspend or remove a Listing where it reasonably considers this necessary because of legal requirements, fraud, safety concerns, infringement, misleading information, breach of these Terms or risk to the Platform or Users.

7.5 TripHexa may conduct verification or quality checks on Curators or Listings where it considers appropriate. Any such verification does not constitute a representation or guarantee that a Curator or Travel Experience will meet every User expectation.

7.6 TripHexa does not represent that it independently verifies every statement, photograph, review, price, availability or representation contained in a Listing.

7.7 Third-party websites, applications, payment infrastructure or other services may be accessible through or integrated with the Platform. Such third-party services may be subject to their own terms and policies.

8. Bookings and Transactions

8.1 A Traveller may use the Platform to enquire about or request a Booking for a Travel Experience.

8.2 Availability of a Travel Experience is determined by the relevant Curator and may change from time to time.

8.3 A Booking may be subject to the Booking Terms and any additional terms, conditions or requirements displayed to the Traveller before completion of the transaction.

8.4 TripHexa may facilitate communications, booking requests, confirmations, payment processing and transaction records but does not thereby become the organiser or provider of the underlying Travel Experience.

8.5 The Curator remains responsible for the underlying Travel Experience in accordance with the Curator Agreement and applicable Booking Terms.

8.6 Detailed provisions relating to Booking confirmation, cancellation, modification, refunds, Traveller obligations and Curator obligations shall be governed primarily by the Booking Terms and Curator Agreement, as applicable.

8.7 Suspension or termination of an Account shall not, by itself, determine the status of an existing Booking. Existing Bookings shall be dealt with in accordance with the applicable Booking Terms, Curator Agreement and applicable law.

9. Payments and Platform Charges

9.1 Where payment functionality is made available, payments may be facilitated through designated payment gateways, payment aggregators, banking partners or other authorised payment infrastructure.

9.2 TripHexa’s payment role may vary depending upon the transaction and applicable payment arrangements.

9.3 Nothing in these Terms shall be interpreted as representing that TripHexa operates an escrow account, nodal account, payment aggregation service, or acts as merchant of record unless expressly stated by TripHexa and legally applicable to the relevant transaction.

9.4 A Traveller may be required to pay the price displayed for a Travel Experience together with applicable taxes, Platform Fees, payment processing charges or other disclosed amounts.

9.5 A Curator may be required to pay Commission, Platform Fees or other commercial amounts to TripHexa in accordance with the Curator Agreement or applicable commercial arrangement.

9.6 Payment, settlement, refunds, processing charges, Commission and other transaction-specific matters shall be governed by the applicable Booking Terms, Curator Agreement and/or payment terms.

9.7 TripHexa may take reasonable measures to prevent or address fraudulent transactions, chargebacks, payment disputes, suspected unlawful activity or misuse of payment functionality.

10. User Conduct and Prohibited Activities

10.1 Users shall use the Platform only for lawful purposes and in accordance with these Terms.

10.2 Users shall not:

• provide false, misleading or fraudulent information;
• impersonate another person or entity;
• create fraudulent Bookings or transactions;
• manipulate ratings, reviews or Platform activity;
• misuse another User’s Account or information;
• engage in unlawful, abusive, threatening or harassing conduct;
• infringe intellectual property, privacy or other rights;
• introduce malware, viruses or other harmful code;
• hack, reverse engineer or attempt unauthorised access to the Platform;
• scrape, harvest or automatically extract Platform data without authorisation;
• interfere with Platform operation, security or infrastructure;
• circumvent Platform security mechanisms or legitimate Platform restrictions;
• misuse communication tools or User information;
• use the Platform for unauthorised advertising, spam or solicitation;
• deliberately circumvent legitimate Platform Fees, Commission or other contractual obligations;
• intentionally structure or redirect Platform-originated transactions to evade applicable contractual obligations; or
• otherwise misuse the Platform.

10.3 TripHexa may investigate suspected violations and may take reasonable action, including removing Content, restricting access, suspending Accounts or reporting unlawful conduct where required or permitted by law.

10.4 Detailed commercial provisions concerning Platform-Originated Leads, Commission and Curator obligations remain governed by the Curator Agreement and shall not be inferred from this Clause 10.

11. User Content, Reviews and Feedback

11.1 Users may submit photographs, reviews, ratings, comments, feedback, messages and other User Content through the Platform.

11.2 The User retains ownership of User Content to the extent the User lawfully owns such rights.

11.3 By submitting User Content, the User grants TripHexa a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, communicate, adapt, format and use such User Content for operating, providing, maintaining, improving and promoting the Platform, subject to applicable law and the Privacy Policy.

11.4 The User represents that:

• the User owns or has sufficient rights to submit the User Content;
• the User Content does not infringe third-party rights;
• the User Content is not unlawful, fraudulent, defamatory, misleading or abusive; and
• the User Content complies with these Terms and applicable law.

11.5 Reviews and ratings must represent the User’s genuine experience and must not be fabricated, manipulated, purchased or submitted for an improper purpose.

11.6 TripHexa may remove, restrict, moderate or decline to publish User Content that:

• violates law;
• violates these Terms;
• infringes third-party rights;
• is fraudulent or misleading;
• is abusive or inappropriate; or
• creates a material risk to the Platform or its Users.

11.7 TripHexa does not acquire ownership of User Content merely because it is submitted to the Platform.

12. Intellectual Property

12.1 TripHexa owns or is licensed to use the TripHexa Content, including its name, logo, trademarks, software, Platform, user interface, databases, technology, designs, documentation and proprietary materials.

12.2 Subject to these Terms, TripHexa grants the User a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Platform for its intended purpose.

12.3 The User shall not, without TripHexa’s prior written permission:

• reproduce or commercially exploit TripHexa Content;
• modify or create derivative works from TripHexa Content;
• reverse engineer or decompile the Platform except to the extent expressly permitted by law;
• copy or systematically extract Platform databases or information; or
• use TripHexa’s trademarks, branding or proprietary materials in a manner that suggests an unauthorised association with TripHexa.

12.4 Nothing in these Terms transfers ownership of TripHexa Content to a User.

12.5 Rights in Curator Content remain with the Curator or applicable rights holder, subject to the rights and licences granted to TripHexa under the Curator Agreement or otherwise applicable.

13. Communications and Electronic Notices

13.1 TripHexa may communicate with Users through email, SMS, telephone, in-app notifications, WhatsApp or other permitted communication channels and electronic means.

13.2 Transactional communications may include Account notifications, Booking information, payment communications, security notices, support communications and other messages necessary for operation of the Platform.

13.3 Promotional communications shall be subject to applicable law and any consent or opt-out mechanisms made available to the User.

13.4 The User consents to receiving electronic communications relating to use of the Platform and transactions undertaken through it, subject to applicable law.

13.5 Electronic records, acceptance records, communications, Booking records and other digital records maintained by TripHexa may constitute evidence of transactions and communications, subject to applicable law.

14. Suspension and Termination

14.1 TripHexa may suspend, restrict or terminate access to an Account or any part of the Platform where reasonably necessary because of:

• breach of these Terms;
• fraud or suspected fraudulent activity;
• unlawful conduct;
• security concerns;
• misuse of the Platform;
• non-payment of amounts properly due to TripHexa;
• safety concerns;
• regulatory or legal requirements; or
• other legitimate reasons relating to protection of the Platform, Users or TripHexa.

14.2 Where reasonably practicable, TripHexa may provide notice and an opportunity to remedy a breach before taking action. TripHexa may take immediate action where necessary to address urgent security, fraud, safety, legal or Platform-integrity concerns.

14.3 TripHexa may remove Content, suspend Listings or restrict specific Platform features without terminating the User’s entire Account.

14.4 Termination of access shall not affect rights or obligations accrued before termination.

14.5 Existing Bookings shall be dealt with in accordance with the applicable Booking Terms, Curator Agreement and applicable law.

14.6 Provisions which by their nature are intended to survive termination, including intellectual property, disclaimers, limitation of liability, indemnity, governing law and dispute resolution, shall survive termination.

15. Disclaimers

15.1 To the maximum extent permitted by applicable law, the Platform is provided on an “as available” basis.

15.2 TripHexa does not guarantee that:

• the Platform will always be uninterrupted, secure or error-free;
• every Listing is complete or accurate;
• every Travel Experience will meet a User’s expectations;
• every Curator will perform its obligations;
• every Travel Experience will be safe, suitable or available; or
• third-party services will always be available or perform without interruption.

15.3 Travel Experiences are independently created and provided by Curators. TripHexa does not assume the role of organiser, operator or provider of those Travel Experiences merely because it facilitates their discovery or Booking through the Platform.

15.4 TripHexa does not guarantee the acts, omissions, quality, performance, safety, legality, availability or conduct of a Curator or other third party, except to the extent expressly undertaken by TripHexa or required by applicable law.

15.5 Users are responsible for determining whether a Travel Experience is suitable for their circumstances, including applicable age, documentation, visa, physical, dietary, insurance or other requirements.

15.6 Information made available through the Platform should not be treated as legal, medical, financial or other professional advice.

15.7 Nothing in these Terms excludes or limits any right, remedy or liability that cannot lawfully be excluded or limited.

16. Limitation of Liability

16.1 To the maximum extent permitted by applicable law, TripHexa shall not be liable for indirect, incidental, special, consequential or punitive losses arising from or relating to the use of the Platform or a Travel Experience provided by a Curator.

16.2 Subject to applicable law, TripHexa shall not be liable for loss of profits, business opportunity, goodwill, anticipated savings or data, except where such exclusion is prohibited by law.

16.3 TripHexa shall not be responsible for acts, omissions, negligence, misconduct, delay, cancellation, deficiency, injury, loss or damage attributable to a Curator or other third party, except to the extent such liability arises from TripHexa’s own acts or omissions and cannot lawfully be excluded.

16.4 TripHexa shall not be liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, extreme weather, war, terrorism, civil disturbance, governmental restrictions, epidemics, infrastructure failures, telecommunications failures or other force majeure events.

16.5 Subject to applicable law, TripHexa’s aggregate liability arising out of or relating to the Platform shall not exceed the amount actually paid by the concerned User to TripHexa for the specific Platform service giving rise to the claim during the six months immediately preceding the event giving rise to the claim.

16.6 Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded.

17. Indemnity

17.1 To the maximum extent permitted by applicable law, a User shall indemnify and hold harmless TripHexa, its directors, officers, employees and representatives from claims, losses, liabilities, damages, costs and reasonable expenses arising from:

• the User’s breach of these Terms;
• the User’s unlawful conduct;
• misuse of the Platform;
• User Content;
• infringement of third-party rights;
• fraud; or
• wilful or negligent misconduct by the User.

17.2 TripHexa may assume control of the defence of a matter subject to indemnification where reasonably appropriate, and the User shall provide reasonable cooperation.

17.3 The detailed indemnification obligations of Curators in respect of Travel Experiences, Curator operations and Curator-specific matters shall be governed by the Curator Agreement.

17.4 Nothing in this Clause 17 requires a User to indemnify TripHexa for liability arising solely from TripHexa’s own conduct to the extent such liability cannot lawfully be transferred.

18. Privacy and Data Protection

18.1 TripHexa collects, uses, stores, processes and discloses personal information in accordance with its Privacy Policy and applicable law.

18.2 Use of the Platform is subject to the Privacy Policy, which forms part of the contractual framework applicable to use of the Platform.

18.3 Information may be processed for purposes including Account administration, Platform operation, Booking facilitation, payment processing, communications, customer support, security, fraud prevention, analytics, service improvement and other lawful purposes.

18.4 Where necessary to facilitate a Booking or Platform service, relevant information may be shared with a Curator, payment service provider or other service provider, subject to applicable law and the Privacy Policy.

18.5 Users should review the Privacy Policy for detailed information concerning collection, use, retention, security and rights relating to personal information.

19. Governing Law and Dispute Resolution

19.1 These Terms shall be governed by and interpreted in accordance with the laws of India.

19.2 The parties shall endeavour to resolve disputes through good-faith communication and the applicable TripHexa support or grievance mechanism before commencing formal proceedings, where appropriate.

19.3 Subject to applicable law, the courts at Ludhiana, India shall have jurisdiction over disputes arising out of or relating to these Terms or use of the Platform.

19.4 If TripHexa adopts an arbitration mechanism for applicable disputes, such mechanism shall be set out in the relevant agreement or Booking Terms and shall apply in accordance with its provisions.

19.5 Nothing in this Clause prevents a User from exercising any mandatory statutory or consumer rights available under applicable law.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy, applicable Booking Terms, Curator Agreement and other terms expressly incorporated by reference, constitute the contractual framework governing the relevant use of the Platform, Booking or relationship with TripHexa.

20.2 Severability

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

Failure by TripHexa to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision subsequently.

20.4 Assignment

A User shall not assign or transfer its rights or obligations under these Terms without TripHexa’s prior written consent. TripHexa may assign or transfer its rights and obligations in connection with a merger, restructuring, acquisition, sale of business, corporate reorganisation or other lawful transaction.

20.5 No Agency

Nothing in these Terms creates an agency, partnership, joint venture, employment or fiduciary relationship between TripHexa and a User or Curator.

20.6 Amendment

TripHexa may amend these Terms from time to time in accordance with Clause 1.5. Where required by applicable law, material changes shall be communicated through an appropriate mechanism.

20.7 Electronic Contracting

Acceptance of these Terms electronically, including by clicking an acceptance mechanism, creating an Account, making a Booking or using the Platform after being presented with these Terms, may constitute valid electronic acceptance to the extent recognised under applicable law.

20.8 Force Majeure

TripHexa shall not be liable for failure or delay in performing an obligation where such failure or delay results from circumstances beyond its reasonable control.

20.9 Third-Party Services

The Platform may contain links, integrations or references to third-party websites, applications, payment systems or services. Such third-party services may be governed by their own terms and policies, and TripHexa shall not be responsible for matters solely attributable to such third parties except as required by applicable law.

20.10 Notices

TripHexa may provide notices through the Platform, email, SMS, in-app notification or other electronic means using the contact details or Account information provided by the User.

21. Grievance / Contact Details

For questions, complaints, support requests or grievances relating to the Platform, Users may contact TripHexa through the following details:

TripHexa shall endeavour to address grievances in accordance with applicable law and its applicable grievance-handling process.

For complaints specifically concerning a particular Travel Experience, the Traveller may also be required to contact the relevant Curator in accordance with the applicable Booking Terms.

Nothing in this Clause limits any statutory right or remedy available to a User under applicable law.

By accessing or using the TripHexa Platform, the User acknowledges that the User has read, understood and agreed to these Terms of Service.