The domain name www.discountandyou.com (hereinafter referred to as "Web site") is owned by
(Hereinafter referred to as Discountandyou)
Discountandyou is a fast-growing startup LLP of Jaipur that connects audience of lakhs of Indian online and mobile shoppers with e-commerce merchants and best service providers by providing discounts. It's a win-win situation as our audience gets great deals and our partner merchants supercharge their sales! Each day we push 'N' number of transactions to our partner merchants making Discountandyou the largest coupon and deal site in India. Discountandyou is our flagship product. It is India's largest directory of discount coupons & offers. It has regularly updated coupons from over 5000 Indian online merchants and 2000 F&B merchants.
The use of this Web site and mobile is available only to those above the age of 18 barring those 'Incompetent to Contract' which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. Minors may use the site under the supervision of a parent or a legal guardian. The use of this Web site is not limited to those above the age of 18 only and are applicable to all barring those 'Incompetent to Contract' which inter alia include insolvents under the Indian Contract Act, 1872.
If You are a minor and wish to use the Web site, you may do so through your legal guardian and Discountandyou reserves the right to restrict your usage of the Website on knowledge of You being a minor.
Further, We may access Your details through your Facebook account if you link your Facebook account to your Discountandyou profile. You hereby grant us permission to access some information available on Your Facebook account as well as permission to access Your Friend list. Discountandyou will post on Your behalf only with your express permission and the rights given to Discountandyou to access and post can be revoked at anytime by You.
We reserve the right to restrict access of part/ whole of the Website and mobile app for paying customers who may access this restricted area with a login id and password.
The membership of this Web site and application is free of cost and this includes the browsing of the site/application and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
5. Third Party Information
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
6. User Obligations
You are a restricted user of this Web site.
You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Web site/mobile application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Web site/mobile application is not permitted.
You agree not to access (or attempt to access) the Web site/mobile application and/or the materials or Services by any means other than through the interface that is provided by the Web site. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Web site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Web site, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Web site. You acknowledge and agree that by accessing or using the Web site or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Web site. Further, You may report such offensive content.
In places where this Web site/application allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.
b) Engage in any activity that interferes with or disrupts access to the Web site or the Services (or the servers and networks which are connected to the Web site).
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Web site or another's computer.
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
h) Probe, scan or test the vulnerability of the Web site or any network connected to the Web site, nor breach the security or authentication measures on the Web site or any network connected to the Web site. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Web site, or any other customer of the Web site, including any Web site Account not owned by You, to its source, or exploit the Web site or Service or information made available or offered by or through the Web site, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Web site.
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Web site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Web sites or any affiliated or linked sites.
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
m) Violate any applicable laws or regulations for the time being in force within or outside India.
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
p) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India.
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
7. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a) THE WEB SITE AND MOBILE APPLICATION, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEB SITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DISCOUNTANDYOU MAKES NO WARRANTY THAT (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) ANY ERRORS OR DEFECTS IN THE WEB SITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
c) WE AND OUR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
d) DISCOUNTANDYOU CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN ANY MANNER. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR RISK AND WE SHALL NOT BE HELD LIABLE IN ANY WAY.
e) IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF Rs 5000
f) THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE OR MOBILE APPLICATION IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
g) DISCOUNTANDYOU IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEB SITE WITH RESPECT TO THE THIRD PARTY WEB SITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
8. Indemnification and Limitation of Liability
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEB SITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
9. Third party information
The Web site hosts information provided by third party. We are in noway responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We are an online and mobile guide that acts as an intermediary to provide information. You agree to not hold us liable for the falsification of any such provided information. Your dealings or communications through the Web site with any party are solely between you and that third party. Under no circumstances will we be liable for any good, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to the Web site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
All information, content, services and software displayed on, transmitted through, or used in connection with the Web site, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by us, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
If you operate a Web site and wish to link to Discountandyou, you may do so provided you agree to cease such link upon request from us. No other use is permitted without prior written permission from us.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web site, not to insert any code or product or manipulate the content of Discountandyou in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
11. Copyright Complaints
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at the address listed below under the heading "Contact Us."
User-Provided Information and Content By providing information to, communicating with, and/or placing material on, the Web site, including for example communication during any registration, communication on the bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Web sites, to include the information in a searchable format accessible by users of the Web site and other affiliated Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note we do not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
The Web site is controlled, operated and administered from its offices within INDIA. We make no representation that materials or Content available through our Web site is appropriate or available for use outside INDIA and access to them from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Content in violation of INDIAN export laws and regulations. If you access the Web site from a location outside INDIA, you are responsible for compliance with all applicable laws.
13. Disputes and Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Discountandyou must be filed in India within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to , and all other provisions for which survival is equitable or appropriate.