Terms of Service
Please read these terms carefully before using our platform
Last Updated: December 18, 2024
IMPORTANT NOTICE
These Terms contain a mandatory arbitration clause and class action waiver in Section 17. Please read carefully.
1. Agreement to Terms
By accessing or using the Hajj & Umrah Platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Platform.
2. Definitions
- "We," "Us," "Our": Refers to Hajj & Umrah Platform
- "You," "Your," "User": Refers to the person accessing the Platform
- "Services": All features, content, and services provided through the Platform
- "Vendor": Travel service providers offering Hajj and Umrah packages
- "Agent": Licensed travel agents facilitating bookings
- "Package": Complete Hajj or Umrah travel package
- "Booking": Confirmed reservation for a Package
3. Eligibility
3.1 Age Requirement
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are 18 or older.
3.2 Authority
You represent that you have the authority to:
- Enter into these Terms
- Make bookings on behalf of travelers
- Provide accurate information
3.3 Prohibited Users
You may not use the Platform if you:
- Have been previously banned
- Are located in a prohibited jurisdiction
- Are using the Platform for illegal purposes
4. Account Registration
4.1 Account Creation
To use certain features, you must create an account. You agree to:
- Provide accurate, current information
- Maintain and update your information
- Keep your password secure
- Accept responsibility for account activity
- Notify us of unauthorized access
4.2 Account Types
- Pilgrim: Individual travelers
- Vendor: Service providers (requires verification)
- Agent: Travel agents (requires license verification)
- Admin: Platform administrators
4.3 Verification
Vendors and Agents must complete KYC (Know Your Customer) verification, including:
- Business license
- Tax identification
- Proof of address
- Background checks
5. Platform Services
5.1 Marketplace
We provide a marketplace connecting pilgrims with vendors and agents. We do not:
- Operate as a travel agency
- Own or operate travel services
- Guarantee the quality of vendor services
- Assume liability for vendor performance
5.2 Booking Facilitation
We facilitate bookings between users and vendors. The contract for travel services is between you and the vendor, not with us.
5.3 Payment Processing
We process payments on behalf of vendors using third-party payment processors (Stripe, PayPal). See Section 8 for payment terms.
6. User Obligations
6.1 Lawful Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms.
6.2 Prohibited Activities
You may not:
- Violate any laws or regulations
- Infringe intellectual property rights
- Submit false or misleading information
- Impersonate others
- Transmit viruses or malicious code
- Scrape or harvest user data
- Interfere with Platform operations
- Circumvent security measures
- Use the Platform for commercial purposes without authorization
6.3 Travel Requirements
You are responsible for:
- Valid passport and visas
- Required vaccinations
- Travel insurance
- Health fitness for travel
- Compliance with destination laws
7. Bookings and Reservations
7.1 Booking Process
- Select a package
- Provide traveler information
- Review terms and conditions
- Submit payment
- Receive booking confirmation
7.2 Booking Confirmation
A booking is confirmed only when:
- Payment is successfully processed
- Vendor confirms availability
- You receive confirmation email
7.3 Booking Modifications
Changes to bookings are subject to:
- Vendor's modification policy
- Availability
- Additional fees
- Timing restrictions
8. Payment Terms
8.1 Pricing
- All prices are listed in the specified currency
- Prices include taxes unless stated otherwise
- Prices may change without notice
- Displayed prices may not include all fees
8.2 Payment Methods
We accept:
- Credit/Debit cards (via Stripe)
- PayPal
- Bank transfer
- Digital wallets
8.3 Service Fees
We charge a service fee on bookings:
- Clearly disclosed before payment
- Non-refundable except as stated in Refund Policy
- May vary by package and payment method
9. Vendor and Agent Terms
9.1 Vendor Obligations
Vendors must:
- Provide accurate package information
- Honor confirmed bookings
- Maintain required licenses and insurance
- Comply with all applicable laws
- Respond promptly to inquiries
- Provide quality services as described
9.2 Vendor Liability
Vendors are solely responsible for:
- Quality of services
- Safety of travelers
- Fulfillment of packages
- Refunds for vendor-initiated cancellations
- Compliance with regulations
10. Intellectual Property
10.1 Our IP
All content on the Platform is our property or our licensors', including:
- Trademarks and logos
- Software and code
- Design and layout
- Text, images, and videos
10.2 License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes.
10.3 User Content
You retain ownership of content you submit but grant us a worldwide, royalty-free license to use, copy, display, modify, and distribute your content across the Platform.
11. Reviews and User Content
11.1 Review Guidelines
Reviews must be:
- Based on genuine experience
- Honest and accurate
- Non-defamatory
- Not incentivized
- Original content
11.2 Content Moderation
We reserve the right to:
- Remove or edit content
- Suspend users who violate guidelines
- Report illegal content to authorities
12. Cancellation and Refund Policy
For complete details, see our separate Refund Policy. Summary:
User-Initiated Cancellations
- Refunds subject to timing and vendor policy
- Cancellation fees may apply
- Some bookings are non-refundable
Vendor-Initiated Cancellations
- Full refund including service fees
- No cancellation penalties
- Alternative package may be offered
13. Disclaimers
13.1 No Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability
- Uninterrupted or error-free operation
13.2 Third-Party Services
We are not responsible for:
- Vendor service quality
- Travel delays or cancellations
- Visa denials
- Health or safety issues
- Lost or damaged belongings
- Third-party website content
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WE ARE NOT LIABLE FOR:
- Indirect, incidental, or consequential damages
- Lost profits or revenue
- Business interruption
- Data loss
- Personal injury or property damage
- Actions of vendors or third parties
OUR TOTAL LIABILITY SHALL NOT EXCEED: The amount you paid to us in the 12 months before the claim, or $1,000 USD, whichever is less.
15. Indemnification
You agree to indemnify and hold us harmless from claims arising from:
- Your use of the Platform
- Violation of these Terms
- Violation of third-party rights
- Your content or reviews
- Your bookings or travel
16. Privacy and Data Protection
Your use of the Platform is subject to our Privacy Policy. By using the Platform, you consent to our collection and use of data as described in the Privacy Policy.
17. Dispute Resolution
17.1 Informal Resolution
Before filing a claim, contact us at support@hajjumrah.com to resolve the dispute informally.
17.2 Binding Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration, except for small claims court disputes, intellectual property disputes, and injunctive relief claims.
17.3 Class Action Waiver
YOU AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
18. Governing Law and Jurisdiction
These Terms are governed by applicable laws, without regard to conflict of law provisions. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the appropriate courts.
19. Modifications to Terms
We may modify these Terms at any time. We will notify you of material changes via:
- Platform notification
- Prominent notice on the website
Continued use after modifications constitutes acceptance. If you disagree, stop using the Platform.
20. Termination
20.1 By You
You may terminate your account at any time by deleting your account in settings or contacting support.
20.2 By Us
We may suspend or terminate your account for:
- Violation of these Terms
- Fraudulent activity
- Abusive behavior
- Legal requirements
- Prolonged inactivity
20.3 Effect of Termination
Upon termination:
- Your right to use the Platform ceases
- Confirmed bookings remain valid
- Unpaid amounts become immediately due
- We may delete your data (subject to legal obligations)
21. General Provisions
21.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement.
21.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
21.3 Force Majeure
We are not liable for delays or failures due to circumstances beyond our control, including:
- Natural disasters
- War or terrorism
- Government actions
- Pandemics
- Technical failures
22. Contact Information
For questions about these Terms:
Email: legal@hajjumrah.com
Support: support@hajjumrah.com
ACKNOWLEDGMENT
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.