General Terms and Conditions of ActivitySuperMarket

These Terms and Conditions ("Terms") govern the use of the ActivitySuperMarket platform by both Vendors (Activity Providers) and Customers. This Agreement forms a mandatory and binding contract between the Platform and all users.

CRITICAL NOTICE: This Agreement must be read in conjunction with the Platform’s separate, mandatory Refund & Cancellation Policy, which governs all financial transactions, refund eligibility, chargebacks, and related processes.

By accessing, using, registering on, or listing services on the Platform, all parties acknowledge and accept these Terms and Conditions. Vendors, in particular, confirm that by listing any service, they automatically and unconditionally agree to the obligations and responsibilities outlined herein.

Nature of Platform & Relationship

1.1 Marketplace Only

ActivitySuperMarket is an online marketplace facilitating discovery and booking of services offered solely by independent Vendors. The Platform is not the operator of any activity.

1.2 Independent Service Provider

The Vendor is the exclusive organiser and operator of all services listed by it. All operational, legal, safety, service quality, and regulatory responsibilities rest solely with the Vendor.

1.3 No Partnership or Agency

Nothing in this Agreement creates any partnership, employment, joint venture, principal-agent, or similar relationship between ActivitySuperMarket and the Vendor.

1.4 Platform-Only Role (Critical Disclaimer)

ActivitySuperMarket is not a tour operator, activity provider, organiser, manager, supervisor, agent, or principal. ActivitySuperMarket does not control the Vendor’s arrangements, equipment, pricing, staff, operations, or safety practices. All operational, safety, legal, financial, and service‑related responsibilities lie exclusively with the Vendor.

1.5 Contractual Relationship (No Agency)

The service contract for the activity is exclusively between the Customer and the Vendor. ActivitySuperMarket is not a party to that contract and bears no obligations arising from it. The Platform does not act as an agent, partner, joint venture, representative, guarantor, or co-seller of any Vendor.

1.6 No Ownership, Control, or Possession

ActivitySuperMarket does not own, operate, manage, maintain, supervise, inspect, supply, or control any equipment, vessel, gear, premises, transport, machinery, tools, or staff used in any activity provided by the Vendor. The Platform has no physical possession, operational control, supervisory authority, or involvement—directly or indirectly—in the Vendor’s services, assets, operations, personnel, or resources in any manner whatsoever. The service contract for the activity is exclusively between the Customer and the Vendor. ActivitySuperMarket is not a party to that contract and bears no obligations arising from it. The Platform does not act as an agent, partner, joint venture, representative, guarantor, or co-seller of any Vendor.

1.7  Safe Harbour & Intermediary Protection (Section 79, IT Act, 2000)
ActivitySuperMarket is an “intermediary” as defined under Section 2(1)(w) of the Information Technology Act, 2000. In accordance with Section 79 of the IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, ActivitySuperMarket shall not be liable for any third-party information, content, listings, representations, services, failures, acts, or omissions provided, published, uploaded, or made available by any Vendor or Customer on or through the Platform.

ActivitySuperMarket does not initiate, select, modify, supervise, control, or influence:
(a) the information, descriptions, images, prices, inclusions, exclusions, schedules, statements, or representations provided by Vendors;
(b) the operation, execution, performance, delivery, safety, legality, or quality of any activity or service offered by Vendors; or
(c) the equipment, vessels, vehicles, personnel, guides, crew, instructors, or any operational arrangements of Vendors.

All such matters are the sole, exclusive, and unconditional responsibility of the Vendor.

Nothing in this Agreement shall be interpreted as requiring or obligating ActivitySuperMarket to:
(a) audit, inspect, verify, or monitor any Vendor’s licences, registrations, permits, insurance, approvals, legal compliance, or statutory obligations;
(b) perform background checks, safety inspections, equipment verifications, staff qualification checks, or operational audits;
(c) assess, confirm, or validate the accuracy, legality, safety, reliability, quality, suitability, or completeness of any content or activity provided by Vendors;
(d) monitor Vendor behaviour, operations, service quality, or legal compliance; or
(e) act as a regulator, inspector, certifying authority, supervisor, safety auditor, or enforcement agency for any Vendor.

All regulatory, legal, operational, licensing, environmental, statutory, and service-related responsibilities rest solely and entirely with the Vendor.

Notice-and-Takedown Mechanism
ActivitySuperMarket shall act upon receiving actual knowledge, a valid court order, or a lawful direction from a Government agency regarding any unlawful, harmful, misleading, infringing, unsafe, or non-compliant content. Upon such notice, ActivitySuperMarket may remove, disable, or restrict access to such content within the statutory timelines. Such removal, disabling, or restriction does not constitute admission of liability and does not impose any obligation to monitor Vendor content continuously.

Compliance With Due Diligence Requirements (Clarified)
ActivitySuperMarket complies with the minimum due-diligence obligations prescribed for intermediaries under the IT Act and IT Rules, 2021, including maintaining a grievance mechanism and responding to lawful takedown notices. For clarity, ActivitySuperMarket is not required, obligated, or expected to police, supervise, regulate, or monitor Vendors; verify their legal compliance, licences, permits, or approvals; ensure their operational safety standards or service quality; proactively identify unlawful or unsafe activities; or undertake any regulatory, enforcement, supervisory, or inspection role. All such responsibilities rest solely with the Vendor.

Continuing Safe Harbour Protection
This Safe Harbour protection is ongoing, continuous, and survives suspension, delisting, deactivation, or termination of this Agreement. No voluntary action or assistance by ActivitySuperMarket shall be construed as assuming liability or diminishing the protections available under Section 79 of the IT Act, 2000.

2. Vendor Obligations & Legal Compliance

2.1 Accurate Listing Information

The Vendor shall ensure that all descriptions, images, prices, schedules, inclusions, exclusions, and policies displayed on the Platform are accurate, current, and not misleading.

2.2 Compliance With Laws

The Vendor shall comply with all applicable Indian Central, State, and Local laws, including those related to tourism, adventure sports, safety, licensing, taxation, and insurance.

2.3 Warranties

The Vendor warrants that all required licences, approvals, qualifications, and insurance are valid and maintained at all times.

2.4 Vendor Affirmation of Compliance

The Vendor unequivocally warrants and represents that they hold all necessary licenses, permits, qualifications, and legal permissions to operate and list every service provided on the Platform. The Vendor further warrants that all documentation related to their legal compliance, safety certifications, and insurance coverage is genuinely valid, current, and sufficient for their activities under all applicable laws. The Platform explicitly disclaims, and the Vendor acknowledges, that the Platform does not demand, collect, review, or verify the authenticity or sufficiency of any such documentation. The Platform operates solely as an information intermediary and relies absolutely and entirely on this written warranty. For the avoidance of doubt, this warranty is provided by the Vendor's acceptance of this entire Terms and Conditions Agreement (see Clause 14). The Vendor assumes full, exclusive liability for any misrepresentation or failure of compliance.

3. Payment Structure & Collection of Balance Amount

3.1 Partial Payment of Booking Amount

ActivitySuperMarket collects only the Initial Payment (booking amount). The balance amount (“Due Amount”) is collected directly by the Vendor at the time of activity check-in. Initial amount constitutes platform fee and is not refundable. Platform may chose to refund it as per the guidance issued in refunds and cancellation policy document.

3.2 Vendor’s Responsibility for the Due Amount

The Vendor shall independently collect the Due Amount from the Customer. ActivitySuperMarket does not collect, chase, enforce, guarantee, or monitor payment of the Due Amount. The Vendor shall not raise claims against ActivitySuperMarket regarding unpaid or partially paid balances.

 

4. Restrictions on Payment Collection

4.1 No Advance Collections

Except for the Due Amount collected strictly at check-in, the Vendor shall not request, demand, or accept any advance, deposit, token, or pre-activity payment by any method.

4.2 Unauthorised Collections

If the Vendor collects any unauthorised payment, the Vendor shall refund the entire amount directly to the Customer in the event of cancellation, non‑fulfilment, or dispute. ActivitySuperMarket shall bear no responsibility or liability for such unauthorised amounts, nor shall it be required to assist in or facilitate their refund. ActivitySuperMarket shall have no obligation, responsibility, or duty to recover any amounts from any party, including Customers or Vendors. The Vendor shall be solely accountable for all consequences arising from such unauthorised collections and shall indemnify ActivitySuperMarket against any related claims. ActivitySuperMarket reserves the right to suspend or delist the Vendor for such violations.

4.3 Clarification

The only amount the Vendor is allowed to collect without separate agreement is the Due Amount at check-in.

5. Cancellations, Refunds & Non-Fulfilment

5.1 Mandatory Reference to Refund & Cancellation Policy

All rules regarding customer-initiated cancellations, vendor-initiated cancellations, refunds of the Platform Fee (Booking Amount), refund processing timelines, and resolution of non-fulfilment issues are governed exclusively by the Platform's separate Refund & Cancellation Policy. Customers and Vendors are bound by the terms, limitations, and mandatory procedures defined in that Policy.

5.2 Platform Responsibility Limitation

ActivitySuperMarket’s responsibility for refund processing is strictly limited to the portion of the Booking Amount it collected (15% + taxes), subject to the discretion and deductions outlined in the Refund & Cancellation Policy.

5.3 Vendor Responsibility for Balance Amount

ActivitySuperMarket bears no responsibility whatsoever for refunding any sum collected directly by the Vendor (the Balance Amount) or any other sum the Platform did not collect. The Vendor is solely responsible for handling, processing, and settling any refund claims related to the Balance Amount.

5.4 No Liability for Customer No‑Shows or Customer‑Initiated Cancellations

Customer no-shows or cancellations create no financial, operational, or settlement liability for ActivitySuperMarket. ActivitySuperMarket does not owe any payment, transfer, compensation, or settlement to the Vendor for such no-shows or cancellations. The Vendor shall not raise any claim, complaint, or demand against ActivitySuperMarket arising from a Customer’s failure to attend, refusal to participate, or decision to cancel.

5.5 Indemnity for Recovery, Disputes & Related Losses

Both the Vendor and the Customer expressly agree that ActivitySuperMarket shall bear no obligation, liability, responsibility, or duty to pursue, recover, enforce, mediate, or secure any payment, refund, chargeback, balance amount, compensation, or settlement from any party. The Vendor and the Customer shall fully indemnify and hold harmless ActivitySuperMarket from any claim, dispute, loss, cost, recovery action, or legal proceeding arising from or connected to cancellations, refund expectations, non‑fulfilment, payment disagreements, balance‑amount disputes, or any recovery attempts between the Vendor and Customer. ActivitySuperMarket does not owe any payment, transfer, compensation, or settlement to the Vendor for such no-shows or cancellations. The Vendor shall not raise any claim, complaint, or demand against ActivitySuperMarket arising from a Customer’s failure to attend, refusal to participate, or decision to cancel.

6. Safety, Service Quality, Customer Protection & Customer Responsibilities

6.1 Vendor Responsibility

The Vendor is solely and fully responsible for the safe, lawful, and compliant operation of all activities it provides. This responsibility includes, without limitation:

• ensuring that all equipment used is safe, certified, regularly inspected, and fit for purpose;

• ensuring that all instructors, guides, operators, crew members, and staff are properly trained, qualified, medically fit, and authorised for the duties they perform;

• maintaining all required safety gear, rescue equipment, first‑aid kits, communication devices, and emergency support systems at all times;

• complying with all applicable Central, State, Local, maritime, coastal, environmental, tourism, transport, and adventure‑sports‑related laws and regulations;

• conducting thorough safety briefings, risk disclosures, and obtaining all required waivers or declarations from Customers before commencing any activity;

• continuously monitoring weather conditions, tidal movements, visibility, and environmental advisories and acting upon them appropriately;

• ensuring that no activity is conducted in unsafe, hazardous, restricted, non‑permitted, or environmentally sensitive zones;

• maintaining all machinery, vessels, flotation devices, breathing equipment, protective gear, and related items in proper working condition;

• ensuring robust emergency preparedness, including trained rescue personnel, evacuation protocols, reliable communication channels, and coordination with local authorities whenever necessary.

The Vendor bears exclusive and unconditional liability for any incident, injury, accident, casualty, loss of life, harm, property damage, or adverse event arising from or connected to its services, whether caused by negligence, omission, operational failure, equipment malfunction, environmental conditions, human error, or any other reason whatsoever.

**Statutory and Incident Reporting Obligations
The Vendor shall be solely responsible for all statutory, regulatory, maritime, coastal, environmental, tourism‑department, harbour‑authority, and police reporting obligations arising from any incident, accident, non‑compliance, safety event, or operational matter connected to its services. This includes all mandatory intimations, filings, statements, submissions, logs, notifications, and responses required by any governmental, regulatory, maritime, or policing authority. ActivitySuperMarket shall have no duty, obligation, or involvement—directly or indirectly—in filing, assisting, preparing, participating in, or responding to any such reports, notices, or proceedings.

Criminal Liability and Police Proceedings
ActivitySuperMarket shall not be named, treated, or considered as an accused, co‑accused, witness, or responsible party in any police complaint, FIR, criminal proceeding, or investigation arising from the Vendor’s operations, activities, conduct, equipment, personnel, safety failures, omissions, or negligence. All criminal, civil, statutory, regulatory, and police liability arising from the Vendor’s services shall rest exclusively with the Vendor.

The Vendor shall ensure that ActivitySuperMarket, its directors, officers, employees, and affiliates are not required to appear before, respond to, participate in, or comply with any police summons, notices, or investigative requirements relating to the Vendor’s activities, except where strictly mandated by law. All such obligations shall be borne solely by the Vendor.

If ActivitySuperMarket or any of its personnel are named, summoned, or made to participate in any police inquiry, FIR, or criminal proceeding due to the Vendor’s actions, omissions, or failures, the Vendor shall indemnify ActivitySuperMarket for all associated legal costs, advocate fees, travel, compliance expenses, and damages.

No Duty of Rescue or Emergency Response

ActivitySuperMarket has no obligation, responsibility, or legal duty to provide, arrange, supervise, monitor, coordinate, or participate in any rescue operations, emergency response, medical assistance, first-aid, evacuation, distress support, or on-ground intervention in connection with the Vendor’s activities. All such responsibilities rest solely and entirely with the Vendor.

The Vendor shall ensure that adequate safety equipment, trained personnel, communication systems, and emergency protocols are in place at all times. Any failure of rescue measures, emergency response, safety preparedness, or crisis management shall be the exclusive responsibility and liability of the Vendor. ActivitySuperMarket shall not be held liable, directly or indirectly, for any delays, failures, or deficiencies in emergency or rescue procedures undertaken by the Vendor or any authority.

6.2 No Liability for Accidents or Casualties (Waiver of Catastrophic Claims)

ActivitySuperMarket bears no responsibility whatsoever for any injuries, accidents, incidents, operational failures, equipment malfunctions, negligence, environmental conditions, property damage, harm, DEATH, or TOTAL DISABILITY occurring before, during, or after the Vendor’s activities. All such risks, responsibilities, liabilities, and consequences rest solely and entirely with the Vendor. The Customer irrevocably waives the right to initiate any civil or criminal proceeding against the Platform related to incidents arising from the Vendor's operation, negligence, or breach of safety standards.

The Vendor shall ensure that every Customer signs a clear and legally valid risk‑assumption and liability‑waiver declaration before participating in any activity. The Vendor shall:

• prepare, maintain, and administer such waivers in compliance with applicable Indian laws;

• ensure Customers understand the risks, safety instructions, and conditions of participation;

• maintain proper records and secure storage of signed waivers;

• produce such waivers immediately upon request by ActivitySuperMarket.

Failure by the Vendor to obtain such waivers from Customers shall be deemed a material breach of this Agreement. Under no circumstances shall ActivitySuperMarket be held liable for the Vendor’s failure to secure or enforce such waivers. Under no circumstances shall ActivitySuperMarket be held liable for the Vendor’s failure to comply with safety rules, legal requirements, licensing obligations, operational standards, environmental norms, or any other regulatory or statutory framework governing the Vendor’s activities.

6.3 Customer Responsibilities and Assumption of Risk (Mandatory Due Diligence)

Customers acknowledge that all activities listed on the Platform are organised and operated solely by independent Vendors, and not by ActivitySuperMarket. By booking or participating in any activity, the Customer understands and accepts that such activities may involve inherent risks, including but not limited to physical exertion, environmental conditions, equipment usage, transportation, and outdoor or adventure‑related hazards. Customers participate voluntarily and at their own risk.

6.3.A. Mandatory Due Diligence and Vendor Vetting

The Customer expressly agrees that the Platform's listing of a Vendor is not an endorsement, warranty, or guarantee of the Vendor's safety, competence, or legal compliance. The Customer has an affirmative, non-delegable duty to perform their own independent research, vetting, and assessment of the Vendor’s safety record, certifications, insurance coverage, and compliance with local laws before committing to the activity. The Customer assumes all risks arising from their failure to conduct such due diligence.

Customers agree to comply with all safety instructions, briefings, waivers, and requirements communicated by the Vendor and must disclose any medical or physical condition that may affect their ability to safely participate. Customers further acknowledge that ActivitySuperMarket does not supervise, control, inspect, or guarantee the safety, legality, quality, or suitability of any Vendor’s activity, staff, equipment, or environment. By booking through the Platform, the Customer expressly agrees that ActivitySuperMarket shall bear no responsibility or liability for any injury, accident, loss, damage, delay, inconvenience, or casualty arising from or connected to the activity, whether caused by the Vendor, the environment, equipment, other participants, or any unforeseen circumstances. All such risks and liabilities rest solely with the Vendor and the Customer.

6.4 No Duty to Verify Customer Medical Fitness or Suitability

ActivitySuperMarket does not evaluate, verify, assess, review, or determine the medical condition, physical fitness, health suitability, or capability of any Customer for participation in any activity. The Platform has no obligation or responsibility to request, review, or validate medical disclosures, fitness certificates, health declarations, or any information relating to a Customer’s physical or medical condition.

All responsibility for assessing medical fitness and suitability lies exclusively with the Vendor and the Customer. The Customer participates entirely at their own risk and is solely responsible for disclosing any medical or physical condition that may affect their ability to safely engage in an activity. The Vendor is solely responsible for determining whether a Customer is medically or physically fit to participate, and for enforcing any medical or safety restrictions required under applicable laws or industry standards.

ActivitySuperMarket shall not be held liable, directly or indirectly, for any injury, accident, incident, health complication, or casualty arising from a Customer’s undisclosed medical condition, misrepresentation, inadequate fitness level, or failure by the Vendor to screen or evaluate medical suitability.

6.5 No Liability for Subcontractors or Third-Party Operators

The Vendor shall not subcontract, assign, delegate, outsource, or transfer any part of the activity to any third-party operator, guide, boat owner, vessel operator, instructor, photographer, driver, or service provider who is unlicensed, unqualified, unapproved, or otherwise non-compliant with applicable laws. The Platform bears no responsibility or liability for any subcontractor or third party engaged by the Vendor, whether disclosed or undisclosed.

All acts, omissions, negligence, conduct, failures, representations, or operational lapses by any subcontractor or third-party engaged by the Vendor shall be deemed acts of the Vendor. The Vendor shall bear full responsibility and liability—civil, criminal, statutory, regulatory, or otherwise—for all consequences arising from such subcontracting.

If any incident, accident, dispute, claim, FIR, regulatory action, or legal proceeding arises from a subcontractor’s involvement, the Vendor shall fully indemnify ActivitySuperMarket for all losses, legal fees, compliance costs, and damages incurred.

6.6 No Liability for Vendor Representations, Statements, or Information

All descriptions, representations, statements, assurances, warranties, timings, schedules, safety claims, equipment details, images, qualifications, inclusions, exclusions, prices, or any other information relating to an activity are provided solely by the Vendor. ActivitySuperMarket does not verify, audit, authenticate, review, or confirm the accuracy, completeness, legality, sufficiency, or reliability of any Vendor-supplied information, whether submitted through the dashboard or via WhatsApp, SMS, email, phone, or any informal communication channel.

The Vendor shall bear exclusive responsibility and liability for all representations and information supplied by it. Any misrepresentation, omission, inaccuracy, false statement, concealment, outdated information, or misleading content—whether intentional or unintentional—shall be deemed the sole responsibility of the Vendor.

ActivitySuperMarket shall not be held liable, directly or indirectly, for any loss, claim, dispute, complaint, regulatory action, police inquiry, or legal proceeding arising from any Vendor-provided information. The Vendor shall fully indemnify ActivitySuperMarket for all losses, legal costs, damages, complaints, and proceedings arising from or connected to any misrepresentation or inaccurate information supplied by the Vendor.

6.7 No Duty to Inspect, Verify, or Audit Vendor Equipment, Staff, or Operations

ActivitySuperMarket has no obligation, responsibility, or duty to inspect, audit, examine, monitor, supervise, verify, or assess any equipment, vessels, oxygen cylinders, diving gear, safety devices, premises, vehicles, or operational resources used by the Vendor. The Platform is not required to review, confirm, or validate the Vendor’s safety standards, staff qualifications, certifications, licences, permits, insurance, operating procedures, maintenance practices, or readiness for conducting activities.

All inspection, maintenance, verification, operational safety checks, and compliance assessments are the sole and exclusive responsibility of the Vendor. Any failure of equipment, staff, safety systems, gear, machinery, communication devices, vessels, or operational procedures shall be deemed the sole responsibility of the Vendor.

ActivitySuperMarket shall not be held liable, directly or indirectly, for any injury, accident, incident, malfunction, casualty, operational failure, or regulatory action arising from any deficiency in the Vendor’s equipment, staff, safety systems, or operational standards. The Vendor shall indemnify ActivitySuperMarket for any claim, loss, regulatory proceeding, FIR, or legal action arising from such deficiencies.

6.8 Mandatory Vendor Cooperation With Authorities and Investigations

The Vendor shall fully, promptly, and unconditionally cooperate with all investigations, inquiries, inspections, audits, legal proceedings, police complaints, FIRs, statements, regulatory examinations, maritime authority reviews, tourism-department inquiries, or any other proceedings initiated by any governmental, regulatory, police, coastal, maritime, or statutory authority in connection with the Vendor’s activities.

Such cooperation shall include, without limitation:

• providing all documents, licences, permits, logs, records, waivers, and certifications upon request;

• ensuring the attendance of the Vendor’s owners, managers, captains, dive professionals, crew, instructors, or relevant staff before authorities;

• providing complete and truthful statements, information, and clarifications;

• producing all equipment, vessels, or operational records required for inspection;

• responding promptly to all notices, summons, directives, or communications issued by authorities.

Failure of the Vendor to cooperate shall be deemed a material breach of this Agreement. ActivitySuperMarket shall bear no responsibility for delays, penalties, or consequences arising from the Vendor’s failure to cooperate. The Vendor shall indemnify ActivitySuperMarket for all losses, legal costs, and damages resulting from such failure.

6.9 Mandatory Maintenance and Production of Operational Logs, Waivers, and Records

The Vendor shall maintain complete, accurate, and contemporaneous operational records for all activities, including but not limited to safety logs, equipment inspection logs, maintenance logs, weather checks, dive logs, boat movement logs, oxygen-filling records, staff qualification records, customer safety briefing logs, waiver forms, passenger manifests, and any documentation required under applicable maritime, coastal, tourism, or adventure-sports regulations.

All such records shall be retained safely and produced immediately upon request by any statutory authority or by ActivitySuperMarket for compliance or verification purposes. ActivitySuperMarket is not responsible for storing, reviewing, auditing, or validating any such records and does not collect or maintain copies of these documents.

Any deficiency, absence, inaccuracy, falsification, or failure to maintain such records shall be deemed the sole responsibility of the Vendor and shall constitute a material breach of this Agreement. The Vendor shall indemnify ActivitySuperMarket for all consequences arising from missing, insufficient, inaccurate, or non-produced records, including legal costs, penalties, police involvement, regulatory action, delays, or damages.

ActivitySuperMarket shall bear no liability whatsoever for any investigation, claim, or proceeding initiated due to the Vendor’s failure to maintain or produce required records.

6.10 Mandatory Vendor Insurance and Platform Non-Involvement

The Vendor shall maintain, at its sole cost and responsibility, all legally required and industry‑standard insurance policies for its operations, including but not limited to public liability insurance, professional liability insurance, maritime or vessel insurance, adventure‑sports insurance, staff insurance, and any insurance mandated by tourism, coastal, environmental, or regulatory authorities.

ActivitySuperMarket has no obligation, duty, or responsibility to obtain, verify, review, validate, or confirm the existence, adequacy, scope, currency, or authenticity of any insurance policy held or claimed to be held by the Vendor. The Platform does not request, collect, store, or audit insurance documents and relies entirely on the Vendor’s warranty of compliance.

Any lapse, insufficiency, expiry, invalidity, misrepresentation, or absence of required insurance shall be the sole responsibility and liability of the Vendor and shall constitute a material breach of this Agreement. The Vendor shall indemnify ActivitySuperMarket for all claims, losses, damages, legal proceedings, or regulatory actions arising from uninsured or under‑insured operations.

6.11 No Platform Oversight of Pricing, Activity Design, or Operational Decisions

ActivitySuperMarket has no obligation, responsibility, or duty to oversee, review, approve, evaluate, monitor, or supervise the Vendor’s pricing, activity design, itinerary, timing, inclusions, exclusions, equipment selection, staffing decisions, operational procedures, safety methods, environmental practices, or any aspect of how the Vendor structures or delivers its services.

All decisions relating to pricing, service structure, safety methodology, staffing, logistics, activity route, time schedules, equipment selection, and operational execution are made solely and entirely by the Vendor. The Platform does not verify, audit, influence, modify, recommend, or validate any such operational or commercial decisions.

Any deficiency, negligence, failure, misjudgment, omission, unsafe practice, or operational flaw in the Vendor’s activity design or execution shall be deemed the sole responsibility of the Vendor. ActivitySuperMarket shall bear no liability whatsoever for any loss, injury, accident, delay, dissatisfaction, regulatory action, or claim arising from such Vendor decisions.

The Vendor shall indemnify ActivitySuperMarket against all claims, complaints, disputes, legal actions, regulatory notices, or police proceedings arising from or connected to the Vendor’s independent operational and pricing decisions.

6.12 No Duty to Resolve Vendor–Customer Disputes

ActivitySuperMarket has no obligation, responsibility, or duty to mediate, negotiate, intervene in, arbitrate, resolve, or participate in any dispute, disagreement, complaint, conflict, allegation, claim, or issue between the Vendor and any Customer, whether relating to service quality, safety, refunds, payments, behaviour, delays, representations, or any aspect of the activity.

All such disputes shall be handled solely and entirely between the Vendor and the Customer. The Vendor acknowledges that ActivitySuperMarket shall not act as an arbitrator, mediator, facilitator, negotiator, witness, or representative in any dispute.

Any claim, charge, complaint, or legal action initiated by a Customer arising from the Vendor’s activity shall be directed solely to the Vendor. The Vendor shall indemnify ActivitySuperMarket for all losses, costs, damages, legal fees, and regulatory or police interactions arising from any Vendor–Customer dispute.

ActivitySuperMarket shall not be required to provide documentation, communication logs, screenshots, evidence, or statements relating to any dispute unless compelled strictly under law. The Vendor agrees that no dispute with any Customer shall create any obligation, liability, or involvement for ActivitySuperMarket.

7. Commission & Settlement

7.1 Commission

ActivitySuperMarket charges a standard commission of 15% plus applicable taxes on each successfully completed booking. This commission reflects the Platform’s ongoing investment in marketing, customer support, technology infrastructure, vendor visibility, operational facilitation, and the overall ecosystem that enables Vendors to acquire customers efficiently. The commission applies uniformly unless a different rate is mutually agreed upon in writing. The Vendor acknowledges that this commission structure helps maintain a reliable and high‑quality marketplace for all participants.

7.2 Deductions

ActivitySuperMarket may deduct refunds, penalties, adjustments, chargebacks, and gateway fees before settlement, in accordance with the Refund & Cancellation Policy.

7.3 Taxes

The Vendor is solely responsible for payment of GST and other applicable taxes.

8. Limitation of Liability

ActivitySuperMarket’s maximum liability, if any, shall not exceed the commission earned in the three months preceding the claim. No consequential or indirect damages shall be claimed from the Platform.

8.1 Service Interruptions, Technical Issues & Digital Limitations

ActivitySuperMarket uses reputable technology and infrastructure; however, as with any digital platform, occasional or unforeseen technical issues may occur. The Vendor acknowledges that such system‑related interruptions or irregularities are inherent to digital services and shall not create any form of liability, including delayed, missed, or undelivered notifications, emails, SMS alerts, or system messages for ActivitySuperMarket. Without listing or limiting any category of issues, the Vendor agrees that any technical, digital, or system‑related malfunction—regardless of its nature, source, or impact—shall not give rise to any claim, demand, compensation request, or legal action against ActivitySuperMarket. ActivitySuperMarket may, at its discretion, assist in resolving or mitigating such issues, including facilitating reversals or corrections where feasible. However, such assistance is voluntary, non‑obligatory, and shall not be construed as acceptance of liability or responsibility in any manner whatsoever.

8.2 No Liability for Vendor’s System or Device Issues

ActivitySuperMarket is not responsible for errors, failures, or losses arising from:

• outdated devices or browsers,

• poor internet connectivity,

• malware, viruses, or device corruption,

• improper configuration of Vendor systems,

• Vendor staff negligence or misuse of the dashboard. In all such cases, the Vendor shall bear full responsibility.

9. Indemnity

The Vendor shall fully and unequivocally indemnify, defend, and hold harmless ActivitySuperMarket, Yerrata Private Limited, and all their directors, officers, employees, agents, and affiliates from any claim, dispute, loss, liability, damage, penalty, cost, or legal proceeding arising from or connected to the Vendor’s activities, conduct, representations, omissions, operations, safety practices, legal compliance, service delivery, customer interactions, or any other act or omission by the Vendor or its staff. This indemnity extends to all consequences, including but not limited to accidents, injuries, operational lapses, safety failures, regulatory breaches, payment‑related disputes, or any claim brought by a Customer, authority, or third party. The Vendor shall be exclusively responsible for all attorneys' fees, expert consultant fees, investigation costs, and related expenses incurred by ActivitySuperMarket in defending or responding to any police action, criminal investigation, or regulatory inquiry initiated against the Platform due to the Vendor's failure to comply with its obligations. The Vendor acknowledges that this indemnity is comprehensive, continuing, and remains enforceable even after the termination of this Agreement.

10. Suspension or Termination

10.1 General Right of Termination

ActivitySuperMarket may suspend or delist the Vendor without notice for breaches of this Agreement, safety concerns, customer complaints, legal issues, inaccurate listings, or unauthorised payment collection.

10.2 Suspension Upon Regulatory or Police Notice

The Platform may immediately suspend or permanently terminate a Vendor's listing and access if it receives a notice, complaint, or instruction from any regulatory authority, police, court, or governmental body regarding the Vendor's activities, legality, safety standards, or compliance with Clause 2.2. Such suspension shall be immediate, temporary or permanent, and shall be without liability or compensation to the Vendor.

11. Additional Customer Terms and Conditions

11.1 Access and Customer Accounts

Customers confirm they are of legal age and responsible for the accuracy of all information provided on the Platform, including billing and contact details.

11.2 Marketplace Nature of Services

All activities displayed on the Platform are performed solely by independent Vendors. ActivitySuperMarket does not manage, supervise, operate, or control any activity. Customers acknowledge that the Platform is only a facilitator and not a service operator.

11.3 Accuracy of Descriptions, Images & Representations

Customers acknowledge that images, videos, colours, descriptions, or representations of activities on the Platform are provided by Vendors and may differ from actual conditions, equipment, weather, personnel, or environment on the day of the activity. Variations in lighting, weather, equipment updates, staff changes, or natural conditions may cause differences. Such variations, including differences caused by device display settings, screen configuration, or digital rendering, shall not create any liability, refund obligation, or claim against ActivitySuperMarket.

11.4 Orders, Pricing & Payments

Prices and availability shown on the Platform are subject to change. Payments processed through the Platform do not guarantee service fulfilment if a Vendor cancels for operational or safety reasons. Customers agree to provide accurate payment details.

11.5 Shipping, Delivery or Meeting‑Point Responsibilities

For activities involving reporting locations, transportation, vessel departures, or scheduled meeting points, Customers are solely responsible for arriving on time and at the correct location. Delays caused by traffic, weather, personal circumstances, or misunderstanding of directions do not create liability for ActivitySuperMarket.

11.6 Customer Responsibilities

Customers must review activity descriptions, disclose medical conditions, comply with Vendor instructions, sign waivers when required, and arrive on time.

11.7 Errors, Inaccuracies & Omissions

There may occasionally be typographical errors, inaccuracies, or omissions in activity descriptions, pricing, schedules, availability, or inclusions. ActivitySuperMarket reserves the right to correct such errors without prior notice. Any such errors shall not create liability, compensation rights, or obligations for ActivitySuperMarket.

11.8 Cancellations, No‑Shows & Refunds

All rules governing cancellations, the forfeiture of booking amounts due to no-shows, and the processing of refunds are governed exclusively by the Platform’s separate Refund & Cancellation Policy, which is binding on the Customer.

11.9 Activity Risk Disclaimer

Customers participate in adventure or outdoor activities entirely at their own risk. ActivitySuperMarket bears no liability for injuries, accidents, property damage, delays, cancellations, or casualty. All risks lie with the Vendor and the Customer.

11.10 Prohibited Uses

Customers shall not misuse the Platform, attempt to interfere with its functioning, engage in fraudulent bookings, misrepresent information, harass Vendors, scrape data, or use the Platform for any unlawful purpose. ActivitySuperMarket may suspend customer access without notice for such violations.

11.11 Third‑Party Tools and Links

ActivitySuperMarket is not responsible for third‑party content, services, or tools accessed through external links.

11.12 Intellectual Property

All trademarks, content, images, text, and design on the Platform remain the intellectual property of ActivitySuperMarket or licensors. Customers may not copy or misuse content.

11.13 Disclaimer of Warranties

ActivitySuperMarket provides its services strictly on an "as‑is" and "as‑available" basis without warranties of accuracy, reliability, uninterrupted access, completeness, merchantability, or fitness for any particular purpose.

11.14 Limitations of Liability

ActivitySuperMarket provides services on an "as‑is" basis and is not liable for indirect or consequential damages arising from the use of the Platform.

11.15 Termination of Customer Access

ActivitySuperMarket may suspend, limit, or terminate customer access at any time without notice for misuse of the platform or breach of these terms. Customers remains responsible for all actions undertaken prior to termination.

11.16 Customer Indemnification

Customers shall indemnify and hold harmless ActivitySuperMarket for claims arising from misuse of the Platform or breach of these Terms, whether or not a physical or digital signature has been obtained.

11.17 Acceptance of Customer Terms

By booking or using the Platform, Customers accept these terms.

12. Governing Law & Jurisdiction

This Agreement is governed by Indian law. Courts in Bangalore, Karnataka, shall have exclusive jurisdiction.

Entire Agreement

This Agreement supersedes all prior communications. Amendments require written confirmation from ActivitySuperMarket.

Acceptance

By creating a Vendor account, initiating onboarding, listing any service on the Platform, booking any activity, or using the Platform in any manner, both Vendors and Customers are deemed to have read, understood, and unconditionally accepted these Terms and Conditions. Continued use of the Platform by any party constitutes ongoing acceptance of all obligations, responsibilities, and liabilities contained herein.

Acceptance Through Conduct and Communication

The Vendor expressly acknowledges and agrees that the Platform is not required to obtain any physical signature, digital signature, written confirmation, or formal execution for these Terms to become legally binding. These Terms constitute a binding contract under Indian contract law by virtue of the Vendor’s conduct.

Any act by the Vendor that involves providing, supplying, confirming, or approving service information—whether verbally, in writing, via WhatsApp, SMS, phone call, email, or through the Vendor dashboard or any other communication channel—shall constitute:

• full and unconditional acceptance of these Terms and Conditions and the Refund & Cancellation Policy;

• a binding representation that the Vendor has read, understood, and agreed to all obligations herein;

• legal consent for the Platform to publish, list, or display such information on the Vendor’s behalf.

The Vendor further agrees that any service listing initiated, approved, or requested through informal communication channels carries the same legal force and effect as if executed through a formal written contract.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change , or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 17. Contact Information Questions about the Terms of Service should be sent to us at activitysupermarket@gmail.com. Contact Details: activitysupermarket@gmail.com Yerrata Pvt. Ltd. YERRATA PRIVATE LIMITED 17, 2nd Floor, 7th Main Road Bangalore North, Indiranagar (Bangalore) Bangalore – 560038 Karnataka