1. Terms of Acceptance

You are to avail our deals and services only if you agree to our terms and conditions. These terms of use (Terms) constitute a legally binding agreement between you and the Availany.com regarding your use of the web site i.e. www.availany.com (the Site) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise .By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. “User” or “You” means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may use Availany.comand the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, contact number.

2. Coupons

You agree, understand and acknowledge that the Site is an online platform, a venue enabling the Users to buy the Coupon for a discount on any Services listed on the Site. You agree and acknowledge that the Site is not involved in the sale and purchase of the Services listed on this Site. The Site is only a facilitator or an intermediary and is not and cannot be a party to and cannot control in any manner any transactions between the Vendor and the User and shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users. All commercial / contractual terms are offered by and agreed to between the Users and Vendors directly. The commercial / contractual terms include without limitation price, date, period, warranties related to Services including after sales services over which the Vendor has complete control and the same may be subject to change. You may buy the Coupon displayed on the Site in three ways as stated below:

  1. On the internet by paying through credit card, debit card or net banking.
  2. The Coupon you purchase shall be redeemed by the Vendor against the Services, in respect of which the Coupon has been purchased. The Vendor is the seller of the Services and is solely responsible for redeeming any Coupon you purchase.
  3. The Coupon shall have the necessary redemption instructions on it. The Coupons may have an offer period, or expiry date, mentioned on it. You shall use it accordingly.
  4. Unless otherwise stated, you will not be entitled to receive credit or cash-back for any value of the Coupon you don’t use.
  5. Unless otherwise stated, you cannot combine the Coupon offer with other special offers or promotions that may be on.
  6. The Coupons purchased through the Site are non-refundable and cannot be cancelled.
  7. Neither AVAILANY.COM nor the Vendor shall have any liability in the event you lose your Coupon.
  8. AVAILANY.COM is merely the aggregator of deals and issuer of usable Coupons. The Coupons and the deals are the property of the Vendors.
  9. The Vendor shall be fully responsible for any losses, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of the User by virtue of the use of the Coupons purchased on the Site.
  10. You are advised to independently verify the bona fides of any particular Vendor that you choose to deal through the Site and use your best judgment in this regard.
  11. Notwithstanding anything contained herein AVAILANY.COM acts only as booking agent to facilitate / integrate transactions between the Users and Vendors through various platforms (online web store, print ads, call centre, mail order catalogues, SMS. etc.) and shall in no way be responsible for any quality of Service, replacement, damages, additional cost, losses, expenses and/or taxes incurred by Users qua the Services. In no event shall AVAILANY.COM, and its Owner be liable for any damages relating to the Services purchased with Coupon sold through the Site.
  12. The User agrees to provide authentic and true information. AVAILANY.COM reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false (wholly or partly), AVAILANY.COM reserves the right at its sole discretion to reject the registration, block the Account and debar the User from using the Site, without prior intimation whatsoever.
  13. For any defects in services, the User shall have to contact the Vendor directly.
  14. AVAILANY.COM is not responsible for unsatisfactory or delayed services or damages or delays as a result of services. We accept payment through debit card, credit card, and net-banking. Users should note that the online payment gateway accepts payments in Indian Rupees only.
  15. Before placing an order, you are advised to check the service description carefully and terms and conditions applicable to the Coupon.

3. Online Payment

In order to facilitate payments for coupons purchased by you through the Site. AVAILANY.COM, offers an online payment gateway that will enable you to make payments in respect thereof to the Vendors using a credit/debit card account, subject to your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the Site of the payment gateway service providers. It is hereby clarified that AVAILANY.COM does not itself collect the payments from the Users and the entire payment transaction (including collection from the Users is conducted by the online payment gateway facility provided.

4. Credit Card/Debit Card Details

In a credit card transaction, you must use your own credit card. You agree, understand, undertake and confirm that the credit/debit card details provided by you for making payments for Services purchased through AVAILANY.COM, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by you will not be shared by AVAILANY.COM with any third party unless required by law, regulation or court order or for facilitating and completing the purchases made by you. AVAILANY.COM shall not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.

5. Changes

AVAILANY.COM reserves the right to suspend, cancel, discontinue or make modifications and alterations in any Coupons or Service descriptions or other content displayed on the Site at any time without notice.

6. Prohibited Activities

  • You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -:Prohibited Activities;
  • You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that-:Prohibited Activities
    1. belongs to another person and to which you do not have any right to;

b. libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

  1. harm minors in any way;
  2. infringes any patent, trademark, copyright or other proprietary rights;
  3. violates any law for the time being in force;
  4. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  5. impersonate another person;
  6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  7. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
  8. Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

7. Comments Policy

AVAILANY.COM accepts no responsibility for the comments made on the posts and any harm resulting thereof.

  1. AVAILANY.COM reserves the right to edit or delete any comments submitted by the User without notice if:The comments are deemed to be spam or questionable spam. The comments are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
  2. AVAILANY.COM makes no representations as to the accuracy or completeness of any comments on this Site or found by following any link on this Site.
  3. AVAILANY.COM shall not be liable for (a) any errors or omissions in the comments or (b) for the availability of these comments.

8. Disclaimer of Warranties and Liability

Your use of the Site is at your own and sole risk. All content displayed on the Site is for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. All warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any content, / information, or service, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, etc., are disclaimed and excluded. AVAILANY.COM does not warrant that descriptions or other content or prices related to the Services, Coupons or other information and content contained on the Site is accurate, complete, reliable, current, or error-free. Notwithstanding anything to the contrary, AVAILANY.COM’s entire liability to you shall be the refund of the money charged from you for any specific Coupon, under which the unlikely liability arises. Under no circumstances shall AVAILANY.COM be liable for any indirect, incidental, special, punitive or consequential damages, any loss of profits/revenue/goodwill or any indirect or remote loss that you or your friends and family may suffer.

All specifications, features, quality, workmanship, performance, warranties, guarantees relating to the Services showcased on this Site and services related thereto are from the manufacturers, retailers and others and duly verified by independent agencies, wherever specifically claimed to that effect. AVAILANY.COM is not responsible and/or liable in any manner whatsoever to all that is stated about the Services, in relation to the performance, quality of the Services, etc. and/or also with regard to the views, opinions, etc. stated/featured in relation to the Services.

The images shown on the Site may differ from the original Services. Results mentioned in relation to any Service may vary from person to person or from situation to situation or from state to state depending on the place of proposed availability of the service in that region. All effort has been taken to make the content accurate on a best effort basis and the producer will be glad to ensure rectification of any inaccuracies that may have crept in, on being pointed out.

AVAILANY.COM does not warrant or represent that your access to the IVR booking facility will be uninterrupted or error-free or that any information, data, content, software or other material accessible will be free of bugs, viruses, worms, Trojan horses or other harmful components.

9. Indemnity

You shall indemnify, defend and hold harmless AVAILANY.COM and AVAILANY.COM’s parent company, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use.

10. Termination/Suspension

AVAILANY.COM reserves its right to refuse service, restrict, suspend, terminate your Account; terminate this agreement; terminate or suspend your access to the Sites; move, or remove any Service or Coupon that is available on the Site; deactivate or delete your accounts and all related information and files in your account; establish general practices and limits concerning use of this Site at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Site will immediately cease, the data stored by you in your Account shall cease to be available to you and AVAILANY.COM shall not be obliged to provide you the same for any reason whatsoever.

11. Relationship

None of the provisions of this agreement, terms and conditions, notices or the right to use the Site by the User contained herein or any other section or pages of the Site and/or the linked sites, shall be deemed to constitute a partnership between the User and AVAILANY.COM and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

12. Communication with Users

AVAILANY.COM reserves the right to communicate with Users regarding this Site, User’s use of the Site or any Service or Coupon purchased by User on this Site. You hereby agree and consent to receive messages from AVAILANY.COM from time to time in relation to any new deals or in relation to the purchase of Coupons by the User irrespective of your registration for Do Not Disturb/Call as per TRAI regulations.

13. Force Majeure

AVAILANY.COM shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause. AVAILANY.COM shall also not be liable in case such interruption or delay in accessing the Site or any failure or delay in delivery of Coupons is due to any element of nature or Act of God, fire, flood, earthquake, war, explosion, acts of terrorism, governmental action, riots, insurrection, and breakdown of internet connection, power failure, strikes or labour dispute.

14. Governing Law and Jurisdiction

This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.

Notice of Copyright Infringement and Grievance Redressal

AVAILANY.COM is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Site, or services advertised on the Site, by end users or any other third parties. Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement.

15. Redressa Mechanism:

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to –

Mr.Priyabrata Sen , [email protected]

we request you to please provide the following information in your complaint:-

  1. The address, telephone number or e-mail address of the complaining party.
  2. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  3. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
  4. All notices shall be sent in English language only.