Last Updated: June 12, 2024
Ayoway Hotels & Offices Private Limited, with its registered office at S-203, 2nd Floor, Galaxy Plaza, Mawana Road, Opp. Punjab National Bank, Mawana, Meerut, Uttar Pradesh - 250401, (“Ayoway” or “we” or “us” or “our”) operates and manages the online Platforms, including the Website www.ayo-way.com and the corresponding Mobile Application Ayoway (collectively referred to as the “Platform”). Our Platform is designed to facilitate hotel bookings and connecting hotels (“Authorized Stay Providers”) with individuals seeking hotel accommodations (“user” or “users” or “you” or “your”). Through our Platform, we offer a convenient and secure environment for users to access and book hotel options, making travel and stay experiences more accessible and enjoyable. The use of our Platform and Services offered through this Platform are subject to these Terms of Service, all parts and sub-parts of which are specifically incorporated by reference here together with our Privacy Notice and Cancellation & Refund Policy. These Terms of Service shall govern your use of Platform, and any product or service offered through this Platform by our Authorized Stay Providers (“Service(s)”) form a binding agreement between you and us. Our Platform is designed only to facilitate the commercial transactions for hotel bookings. As such, it is not intended for children or minors. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter and to abide by and comply with these Terms of Service. Please read these Terms of Service carefully. Your access to and use of the Platform and any of the information, materials, data, documentation, blogs, and other materials made available on or through this Platform (collectively, “Materials”) are subject to all applicable laws, rules, and regulations and to all the terms and conditions set forth in these Terms of Service. By accessing, either directly or through a hyperlink, the Platform, and/ or purchasing the Services offered through this Platform, you agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Based on the Services obtained by you, additional terms and conditions in respect to specific Services may apply, which shall be deemed an agreement between us and you. These Terms of Service apply to all users of the Platform, including without limitation vendors, Stay Providers, customers, prospects, merchants, browsers and/ or contributors of content. You acknowledge and agree that the Platform may use your information as described in our Privacy Notice. If you are accessing or using the Platform on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Service. If you do not wish to be bound by these Terms of Service, please exit the Platform, and cease use of all Materials, as you are not permitted to access or use the Platform or such Materials. These Terms of Service may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Service will be effective upon posting on the Platform. You should always review these Terms of Service prior to your access or use of the Platform or Materials to ensure that you understand the current Terms of Service that apply to your access or use thereof, including our Services. Your continued use of the Platform following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. YOUR ACCESS TO THE PLATFORM (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS. ABOUT THE PLATFORM Our Platform is designed to facilitate hotel bookings and connecting hotels with individuals seeking hotel accommodations. We retain the discretion on behalf of Stay Providers to decline service or the sale of services provided by Stay Providers through this Platform to any individual or entity, without the obligation to provide a specific reason, and this discretion may be exercised at any time. Our Platform does not screen or censor the users who register on and access the Platform except as set out in our Privacy Notice. You assume all risks associated with dealing with Stay Providers or other users with whom you come in contact through the Platform. You agree to use the Platform only for lawful purposes without infringing third party rights or restricting the use of the Platform for any third party. INTELLECTUAL PROPERTY Unless otherwise indicated and except for materials in the public domain, the Platform and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion, and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all materials provided on or through, the Platform are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. Our Platform, Materials and all Services are our exclusive and proprietary property or of our Authorized Stay Providers or third party licensors. ALL RIGHTS RESERVED. Subject to your compliance with these Terms of Service, we grant you a non-exclusive, limited, non-transferable and revocable license to access the Platform to: (a) view the Services and/or Materials made available on or through the Platform; and (b) purchase and use the Services. The foregoing permission is for the sole purpose of enabling you to use the Platform and enjoy the benefit of the Materials and/or Services as made available by us, in the manner permitted by these Terms of Service. The foregoing permission will terminate automatically if you breach any of these Terms of Service and you agree that you shall not bypass any measures used by us to prevent or restrict access to the Platform. The posting, display or other provision of any Materials or Services on the Platform shall not constitute a waiver of any right or interest of ours and/or of our Authorized Stay Providers or third party licensors in such Materials or Services. Except as expressly provided herein, nothing contained in these Terms of Service or the Platform shall be construed as conferring by implication or otherwise any license, interest or right in or to the Materials and/or Services under any copyright, trademark, or proprietary rights of ours or of any third party. Further, neither the Platform, Services nor any Materials (or portions thereof) may be copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted by you in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third party owner. To make the Platform, Materials and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload or otherwise make available to the Platform (“Your Content”). We claim no further rights in Your Content. ACCOUNT OBLIGATIONS As a user of the Platform and/or Services, you may be asked to register an account with us. When you do, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your full name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Platform and Services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing upon becoming aware that this information related to your account has been compromised and you must notify us via email at the email provided below. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information, as set forth under these Terms of Service. Providing false or inaccurate information or using the Platform or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. We do not accept responsibility for the security of your account or content within such account. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion. You agree and understand that while we have made reasonable efforts to safeguard the Platform, we do not ensure or make any representations that the Platform or any of the information provided by you cannot be hacked by any unauthorized third parties. You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered through the Platform. You hereby agree and confirm that we shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the Platform by third parties or for any such use of the information provided by you or any spam messages or information that you may receive from any such unauthorized third party. PAYMENT Should you purchase any Service on the Platform, you agree to pay us the specific monetary amounts required for such Services (“Fees”). These Fees inclusive of payment terms and applicable tax payable by you will be described to you during your account registration and/or confirmation process for the transaction. In the event that you procure any service from our Authorized Stay Providers outside the purview of this Platform, it is expressly understood that we are not bound by any agreements or terms between you and the Authorized Stay Providers even in such instances. ACCEPTABLE USE You agree to i) comply with all applicable laws, statutes and regulations concerning your use of the Platform, Services and Materials, ii) not use the Platform, Materials or Services for any unlawful purpose or in any way that could damage the Platform, Materials, Services, or our general business, or iii) not use for the Platform, Services and Materials for any purpose prohibited under these Terms of Service. a) You hereby acknowledge and agree that you are prohibited from using the Platform, Materials and Services: i. to violate any of our intellectual property rights or of any third party; ii. to upload, transmit or otherwise disseminate any computer viruses, worms, defects, Trojan horses, time-bombs, malware, spyware, or any other computer code or software of a destructive or interruptive nature that may damage our property, including the Platform, or of any third party; iii. to perpetrate any fraud or engage in other misleading or deceptive activities; iv. to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, incite violence, hate or discrimination towards any group or any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or for any other reason, or otherwise violate any person's legal rights; vi. to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; vii. to unlawfully gather information about others, including using our Platform for illegal spam activities, inclusive of gathering email addresses and personal information from others or sending any mass commercial emails; viii. to solicit others to perform or participate in any unlawful acts; ix. to violate any local, federal or international law, statute, ordinance or regulation; x. to modify the Materials (or any portion thereof) or remove or alter any copyright, trademark and other proprietary notices and legends contained in the Services, Materials, or the Platform (and any printouts thereof); or xi. to share Materials or Services and any associated intellectual property of ours, or our confidential information with any third parties, except as expressly authorized in advance by us. The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Platform. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates a party's intellectual property, including our own, or these Terms of Service. We reserve the right to monitor your communications with us whether by mail, voice, fax, email, or any other form of transmission for the purposes of quality control, security, and other business needs. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE PLATFORM, MATERIALS AND SERVICES FOR VIOLATING ANY OF THE PROHIBITED USES SET OUT HEREIN. ADDITIONAL COMMUNICATION You understand that each time you use the Platform in any manner, you agree to these Terms of Service. By agreeing to these Terms of Service, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receiving communications via phone, mail, or email from us telling you about current and future Services offered by us (or by our affiliates and partners), events or to understand your requirements. Communication can also occur by posting notices on the Platform. You agree that the communications sent to you by us via email as set out above shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. You are entitled to opt-out from receiving promotional communication from us as set forth in our Privacy Notice. AFFILIATE MARKETING AND ADVERTISING We may, through the Platform, engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Platform. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. PRIVACY Through your use of the Platform and Services, you may provide us with certain information including personal information. By using the Platform, you grant us permission to utilize such information as specified in the Privacy Notice. For more information on the information we process and the means we use to process the same, please read our Privacy Notice. SALE OF GOODS AND SERVICES We allow third parties and/or Stay Providers to sell goods or services on the Platform. We undertake to be as accurate as possible with all information regarding goods or Services offered through this Platform, including descriptions and images. CANCELLATION AND REFUND POLICY Hotel bookings are governed by the terms and conditions specified in our Cancellation & Refund Policy. If you find a Service unsatisfactory, you may contact our Customer Care Support through the provided channels to request a refund, as detailed in the Cancellation & Refund Policy. For a better understanding of how such requests are handled, please refer to our Cancellation & Refund Policy. Please note that, unless stated otherwise in the Cancellation & Refund Policy, all fees are considered non-cancellable and non-refundable. INDEMNIFICATION You agree to fully indemnify, defend and hold us, our employees, officers, directors, contractors and agents, our affiliates, including our affiliates’ employees, officers, directors, contractors and agents, harmless against any and all legal claims and/or demands, including reasonable attorney's fees, made by any third party arising out of or related to i) your use or misuse of the Platform, Material and/or Services, ii) your breach of these Terms of Service, iii) your breach of any applicable laws and regulations, iv) any negligence or willful misconduct by you, v) any infringement or misappropriation by you of any of our intellectual property or other rights or of any third party, or vi) any actions taken by you or by any person authorized to use your account created with us, including without limitation, disclosure of passwords to third parties. THIRD PARTY LINKS AND CONTENT We may occasionally post links and/or advertisements to other websites or other services maintained and/or owned by unrelated third parties (“Unrelated Linked Web Sites”). These Terms of Service do not apply to any such Unrelated Linked Web Sites. An advertisement of, or link to, an Unrelated Linked Web Site on this Platform does not mean that we approve, endorse, or accept any responsibility for such Unrelated Linked Web Site, its content or use, or the use of products or services made available on or through such Unrelated Linked Web Site, nor does our presence on any Unrelated Linked Web Site constitute or imply our endorsement of any such Unrelated Linked Web Site. You acknowledge and agree that we are not responsible for the actions, content, accuracy, legality, decency, opinions expressed, privacy and security policies, and/or products or services provided or made available on or through any Unrelated Linked Web Site, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such Unrelated Linked Web Site. Unrelated Linked Web Sites are not investigated, monitored, or checked for accuracy, completeness or conformance with applicable laws, rules and regulations by us. We do not make any representations whatsoever or give any warranties of any kind and hereby disclaim all warranties, expressed, implied, or otherwise, with respect to any and all Unrelated Linked Web Sites which you may access through this Platform, the content thereof, or the products and/or services made available on or through such Unrelated Linked Web Site. If you decide to leave our Platform and access such Unrelated Linked Web Site, you do so solely at your own risk and you hereby waive any and all claims against us with respect to such Unrelated Linked Web Sites and your use of or reliance on any information, materials, products or services made available on or through such Unrelated Linked Web Sites. All applicable terms of use, rules, policies (including privacy and security policies) and operating procedures of such Unrelated Linked Web Sites will apply to your use or access thereof. Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Platform by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect our opinions concerning the significance, priority, or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by us, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by us. You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that we are not responsible for any content sent using and/or included on the Platform by any third party. We shall not be responsible for any interaction between you and the other users of the Platform. Under no circumstances will we be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. We are under no obligation to become involved in any disputes between you and other users of the Platform or between you and any other third parties. You agree to release us from any and all claims, demands, and damages arising out of or in connection with such disputes. MODIFICATION AND DISCONTINUATION As stated above, these Terms of Service may be changed by us, in our sole discretion, from time to time with or without notice to you and all modifications to these Terms of Service are in full force and effect immediately upon posting on the Platform. Such modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service. a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by applicable court of law, you agree that the prior, effective version of these Terms of Service shall be fully enforceable and valid. b) You agree to routinely monitor these Terms of Service and refer to the updated date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these Terms of Service. c) In the event that you fail to monitor any modifications to or variations of these Terms of Service, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Terms of Service. We reserve the right at any time and from time to time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Platform (or any portion thereof) and/or the Materials and Services made available on or through the Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Platform. PLATFORM INTERRUPTIONS We may need to interrupt your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, and you further acknowledge that we shall have no liability for any damage or loss caused because of such downtime. TERM, TERMINATION AND SURVIVAL These Terms of Service will remain in effect until terminated by you or us. We may terminate these Terms of Service with you at any time for any reason, with or without cause and without notice, to terminate your permission to use the Platform, and to block or prevent future access to and use of the Platform and Materials. We specifically reserve the right to terminate these Terms of Service if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or of a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material via the Platform or using the Platform in an unauthorized manner. If you have registered for an account with us, you may also terminate these Terms of Service at any time by contacting us and requesting termination. Please keep in mind that any outstanding Fees will still be due to us even after termination of your account with us. Upon termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. WARRANTY DISCLAIMERS You agree that your use of the Platform, Materials and Services is at your sole and exclusive risk and it is your responsibility to ensure these meet your specific requirements and to evaluate (or take professional advice on) the accuracy and completeness of all Materials and Services on the Platform or any Unrelated Linked Web Site. We make no representations or warranties with respect to the Platform, the Materials, and Services, which are provided by us on an "as is" basis, except as set forth otherwise in these Terms of Service and referenced policies. We hereby expressly disclaim any and all warranties, express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose, non-infringement, quality and of merchantability. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software and other computer requirements necessary for your access to and use of the Platform and the Materials. We also make no representations or warranties as to whether (a) the information, including any Materials, accessible via the Platform or any Unrelated Linked Web Site, is accurate, reliable, complete, or current, (b) use of the Platform and access to the Materials will be uninterrupted or error-free, (c) the Platform and the Materials will be available at any particular time, or (d) the Platform and Materials are free of viruses or other harmful components. We will not be liable with respect to any decisions made by you or any other person as a result of reliance on the Platform or any Materials. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Platform, Materials or Services is your sole responsibility and that we are not liable for any such damage or loss. You accept that our shareholders, owners, officers, directors, employees, affiliates and other representatives shall have the benefit of this section. LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, affiliates, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, the Platform, Services or the Materials or any Unrelated Linked Web Site. If you are dissatisfied with the Platform, the Service or any Materials, your sole and exclusive remedy shall be to discontinue use of the Platform, Services and Materials and terminate these Terms of Service in accordance with its terms. To the maximum extent permitted by law, in no event shall our total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the lesser of i) Rs. 1000 (Rupees One Thousand) or ii) the amount you paid to us for any Services in the last six (6) months preceding the incident giving rise to such liability, if any, related to your access to the Platform and/or Materials or purchasing and/or using the Services. GENERAL PROVISIONS a) Governing Law and Jurisdiction: Through your use of the Platform, Materials or Services, you agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between you and us, except for its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, it is hereby agreed to you submit to the exclusive jurisdiction of the courts at Meerut, Uttar Pradesh, India and agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue. b) Entire Understanding: These Terms of Service constitute the entire understanding between you and us with respect to any and all use of the Platform, Materials and/or the Services. These Terms of Service supersede and replace all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Platform, Materials and/or the Services. c) Severability: If any part, or sub-part of these Terms of Service, is held invalid or unenforceable by a court of law the remaining parts and sub-parts shall continue in full force. d) No Waiver: If we fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision of these Terms of Service. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part of these Terms of Service. e) Headings are for Convenience Only: Headings of parts and sub-parts under these Terms of Service are for convenience only. Headings shall not affect the meaning of any provisions of these Terms of Service. f) No Agency, Partnership or Joint Venture: No agency, partnership, or joint venture has been created between you and us because of these Terms of Service and neither you nor us has any authority to bind the each other hereunder to third parties. g) Electronic Communications Permitted: Electronic communications are permitted under these Terms of Service. h) Language: All communications made, or notices given pursuant to these Terms of Service shall be in the English language. For any questions or concerns, please email us at the following address: tos@ayoway.co