OGenie "GenieTalk Private Limited" (the "Company"), including its Subsidiaries, Affiliates, Associate/ Group Companies and Licensors (collectively, "GenieTalk", "we", "us" or "our") welcomes you, irrespective of whether you are a mere visitor or a member/subscriber (the "Customer", "Subscriber", "User", "you" or "your") to our Platform (as defined below).
These Terms and Conditions constitute an electronic record within the meaning of applicable law and do not require any physical or digital signatures. These Terms and Conditions are published in compliance with, and are governed by the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
Please read the Terms and Conditions carefully before accessing, browsing, registering on, downloading or using the Platform or the Services.
For the avoidance of doubt, it is clarified that these Terms and Conditions shall apply to all Services, whether offered by GenieTalk, its Subsidiaries or its Affiliates.
By accessing our Platform or purchasing/utilizing our Services, you agree and understand that GenieTalk is an “Intermediary” as defined under the provisions of the (Indian) Information Technology Act, 2000.
In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall bear the meanings ascribed to them below:
Before you are permitted to use the Platform or the Services, you are required to accept these Terms and Conditions.
This clause sets forth the eligibility criteria for entering into a legally binding agreement with GenieTalk in order to access the Platform or avail the Services.
Use of the Platform and the Services is available only to persons who can enter into legally binding contracts under applicable law. The Services are not targeted towards, nor intended for use by, anyone under the age of 18 (eighteen) or anyone who is disqualified or not competent to enter into a contract under the Indian Contract Act, 1872 or any other applicable law. By using the Services, you represent and warrant that you are 18 (eighteen) years of age or older and competent to enter into a contract. In addition, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all these Terms and Conditions. If you are not competent to enter into a contract, you shall not, under any circumstances or for any reason, access the Platform or use the Services. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Platform and shall not transact on or use the Platform or the Services. As a minor, if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents on the Platform. We may, in our sole discretion, refuse to offer the Services to any person or entity and/or change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform and Services is revoked where these Terms and Conditions or use of the Platform or the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
The Platform is operated and controlled by us in India, and the Services provided through the Platform is not directed to any other jurisdiction or country, including any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject GenieTalk to any registration or other requirements within such jurisdiction or country. Access to the Platform/ Services from countries, territories and jurisdictions where such access is illegal, is prohibited.
If you are using the Services on behalf of an entity, company or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company or organization/association to these Terms and Conditions; and (ii) agree to be bound by these Terms and Conditions on behalf of such entity, company or organization/association.
If you are using the Services on behalf of any other person (whether under his/her authority or otherwise), you represent and warrant that you: (i) have the absolute authority to act for such person; (ii) have the absolute authority to bind such person to these Terms and Conditions; and (iii) agree to be bound by these Terms and Conditions on behalf of such person.
To sign up for the Services, you must register for opening a user account on the Platform ("Account" ). You must provide accurate and complete information and keep your Account information updated. You shall not select or use as a username: (i) a name which belongs to another user; (ii) the name of another person with the intent to impersonate that person; (iii) a name which is subject to the rights of a person for which you do not have an appropriate authorization; or (iv) a name that is otherwise offensive, vulgar or obscene. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions, we shall have the right to indefinitely suspend or terminate or block your access to the Platform and the Services. Notwithstanding anything contained herein, we may, in our sole discretion, refuse to offer or suspend the Services to any person or entity for any reason.
Subject to these Terms and Conditions, we grant each User of the Services a non-exclusive, revocable, non-sublicensable, non-transferable and limited license to use the Platform and the Services through the Account, solely for the purpose of using the Services in terms hereof.
You shall: (i) be responsible for maintaining the confidentiality of your user name and password; (ii) not share your username and password with third parties; (iii) never publish, distribute or post login information for your Account; and (iv) notify GenieTalk promptly of any unauthorized use of your Account and of any loss, theft or disclosure of your password. You will not create nor have more than one active Account. Additionally, you are prohibited from transferring your Account to any other person. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a Third-Party (including your contractors or agents), and for keeping your Account password secure. You shall never use another user’s account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from any state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You shall have the ability to disable your Account by making a request to us.
You shall not distribute, sell, license, rent or otherwise exploit your username and password for accessing your Account in any manner whatsoever.
Failure to comply with these requirements shall constitute a breach of these Terms and Conditions and shall constitute grounds for immediate termination of your Account and your right to use the Platform.
GenieTalk shall not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your Account secure.
Certain portions of the Platform will be visible/ available to Users who have not registered with GenieTalk. Such Users, nevertheless, are bound by these Terms and Conditions.
You agree to use the Platform and the Services only for purposes that are permitted by: (i) these Terms and Conditions; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
The Platform is an artificial intelligence-based platform to help you: (i) manage and/or remind you of your daily activities; and (ii) place Orders seamlessly for the Products from Third-Party Providers.
You specifically understand, acknowledge and agree that GenieTalk is not the manufacturer, supplier, distributor or provider of the Products but only enables a Customer to place an Order for the Products using the Services. The Platform and the Services have been designed for informational purposes only. The Platform is a medium that: (i) can be utilized by Users to reach a larger base to buy and sell products or services; and (ii) Customers and Third-Party Providers use for their transactions. GenieTalk acts as an introduction company only and as such it functions within the introducing capacity and is only providing a platform for communication and it is agreed that the contract for the sale of any of the Products shall be a strictly bipartite contract between the Third-Party Provider and the Customer.
You specifically understand, acknowledge and agree that: (i) the Platform and the Services are not: (a) promoting any Third-Party Provider; (b) an invitation to offer to buy or subscribe for any Products provided by the Third-Party Provider; or (c) recommending any person to enter into any transaction of whatsoever nature; and (ii) the Platform and the Services is not intended to provide any professional advice or opinions on any Products. GenieTalk provides information on brands, goods and services for informational purposes and for the purposes of enhancing choice and customer experience. Customers shall research upon the Third-Party Providers and avail their Products based on such due diligence. GenieTalk strongly recommends you to use the information found on the Platform for conducting your own research and due diligence on the profiled/featured Third-Party Providers in order to determine your own personal opinion about such Third-Party Providers before initiating, undertaking and concluding a transaction with such Third-Party Providers. Given that GenieTalk does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content and information on the Platform, including User Content (as defined below), and that you are not relying on GenieTalk for any User Content, you are solely responsible for determining whether any transaction or any other product or service, is appropriate or suitable for you based on your objectives, circumstance and independent judgement.
GenieTalk is not and cannot be a party to or control, in any manner, any transaction between the Customers and Third-Party Providers. Please note that the purchase of any Products with assistance from the Services is a private contract between the Customers and the Third-Party Providers. GenieTalk is merely an online intermediary facilitating the transaction in a limited capacity and does not bear any responsibility for delivery, authentication, performance or any other kind of logistical support. All commercial/contractual terms are offered by and agreed to between Customers and Third-Party Providers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after-sales services related to the Products. GenieTalk does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and Third-Party Providers. All discounts, offers (including exchange offers) are by the Third-Party Providers and not by GenieTalk. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Third-Party Provider that you transact with.
GenieTalk does not at any point of time during any transaction between Customer and Third-Party Provider on the Platform come into or take possession of any of the Products offered by the Third-Party Providers nor does it at any point gain title to or have any rights or claims over the Products offered by Third-Party Provider to Customer. At no time shall GenieTalk hold any right, title or interest over the Products nor shall GenieTalk have any obligations or liabilities in respect of such contract.
Placement of an Order by a Customer with a Third-Party Provider on the Platform is an offer to buy the Product(s) in the Order by the Customer to the Third-Party Provider and it shall not be construed as Third-Party Provider's acceptance of Customer's offer to buy the Product(s) ordered. All Orders accepted by Third-Party Provider are subject to confirmation from the Third-Party Provider and we shall communicate to you about the confirmation or cancellation of an Order once we receive the communication from the Third-Party Provider. The Third-Party Provider retains the right to cancel any such Order placed by the Customer, at its sole discretion and the Customer shall be intimated of the same by way of an email/SMS or notification on the Platform or other electronic communication. Any alternation, change or cancellation in the Order is between you and the Third-Party Provider and GenieTalk is not involved in such decision. Any transaction price paid by the Customer in case of such cancellation by the Third-Party Provider will be refunded to the Customer as per the terms of the Third-Party Provider’s refund policies and subject to the terms hereof. You agree to take proper care of providing the correct, accurate and complete information about yourself, the Order details and the delivery information to ensure seamless fulfilment. You shall not use any illegal means for making payments for transactions through the Platform. You warrant that the credit or debit card used during the transaction or any other form of payment used whether internet banking or use of any internet wallets are owned by the user or the user has necessary permission from the owner of the card holder to use it for making payments. The user also warrants that the associated card, bank account or wallet account has sufficient amount to make the payment. The fulfilment of the Products ordered through the Platform is the responsibility of the Third-Party Provider. GenieTalk shall accept Orders for the Products offered on behalf of the Third-Party Provider only in the capacity of an intermediary and accepting Orders on behalf of the Third-Party Provider. In the event payments are collected by GenieTalk on behalf of the Third-Party Provider, in the mode/s as conveyed to the Customers, the same will be collected on behalf of the Third-Party Provider with the sole intent of facilitating the transactions between the Customers and the Third-Party Provider.
GenieTalk reserves the right to cancel any Order in circumstances of failure due to reasons beyond its control or attributable to the Third-Party Provider.
GenieTalk does not make any assurances, representations or warranties as to specifics (such as title, quality, value, saleability, suitability etc.) of the Products proposed to be sold or offered to be sold or purchased from the Third-Party Provider through the Platform. GenieTalk does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Platform. GenieTalk accepts no liability for any errors or omissions, whether on behalf of itself or Third-Parties.
GenieTalk may be under no contractual or other obligation with the Third-Party Providers in relation to the provision of the Services. We expressly disclaim any relationship of agency, employment or other arrangements with the Third-Party Providers, and do not act for or on behalf of the Third-Party Providers. Under no circumstances shall GenieTalk be liable for any deficiency of the Products provided by the Third-Party Providers or due to any misrepresentation by the Third-Party Providers. You expressly agree that your use of the Services does not result in a contractual relationship with Third-Party Providers, and in the event that you use the Third-Party Providers Products, the terms of such arrangement will be determined by your agreement with the Third-Party Providers.
GenieTalk is not responsible for any non-performance or breach of any contract entered into between Customers and Third-Party Providers. GenieTalk cannot and does not guarantee that the concerned Customers and/or Third-Party Providers will perform any transaction concluded on the Platform. GenieTalk is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back-ordered. GenieTalk bears no responsibility or liability to any user or person for any failure of a user/person to fulfil his/her/its obligations under any transaction or arrangement. GenieTalk shall not and is not required to mediate or resolve any dispute or disagreement between Customers and Third-Party Providers.
GenieTalk: (a) does not take responsibility or control the User Content (as defined below) and other information provided by Users which is made available on the Platform; and (b) does not examine, verify, research, endorse, validate or certify the User Content and any other information submitted/uploaded by Users on the Platform nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy and reliable. Further: (i) GenieTalk cannot and does not warrant or guarantee the accuracy of the User Content and any other information submitted/uploaded by Users on the Platform; (ii) none of the information submitted or available on the Platform constitutes a solicitation, offer, opinion, or recommendation by GenieTalk to buy or sell any products or services of whatsoever nature; (iii) GenieTalk does not offer any advice with respect to any Products; (iv) GenieTalk does not and has not made any recommendations regarding the merit of any user, person, products or services appearing on the Platform, or endorsed or sponsored any user, person or entity appearing on the Platform; and (v) GenieTalk does not take part in the negotiation or execution of any transaction related to or in connection with any deal, transaction or other arrangements between the Users, specifically between the Customer and the Third-Party Provider.
You understand that you may be exposed to Content, including User Content, on the Platform and/or by using the Service, that may be offensive, harmful, untruthful, inappropriate, misleading, false, inaccurate and that has not been updated and you further understand GenieTalk shall not be liable to you for any loss or damage which you may suffer as a result of your viewing, using or relying on such User Content and information. It is your responsibility to evaluate the accuracy, completeness and usefulness of any User Content, data and information provided on the Platform. With respect to any User Content, data, listing, posting or information available on the Platform or while interacting with other Users on the Platform, we strongly encourage and recommend that you exercise adequate diligence. You are strongly advised to independently verify the bona fides of any particular Users that you chose to deal with and use your best judgement in that behalf. All Users shall be responsible for their own due diligence and the legal and regulatory compliance of any transaction they enter into and GenieTalk assumes no liability whatsoever in connection with your use of the Service. GenieTalk shall not have any obligation to participate or assist in any way in the event of any dispute between Users or third parties. In no event shall GenieTalk be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of the Services.
Some of the Services can be used or are particularly useful when used over mobile networks. You should be aware that your network provider may charge you for access to its network, the duration of your mobile phone's/mobile device's connection to the network and the data volume used to use the Services. You are entirely responsible to check with your network provider whether any such costs may apply before using the Services in this respect.
While GenieTalk shall continuously work towards keeping the Platform functional, you hereby acknowledge that technical failures are inevitable. We shall take adequate steps to keep the Platform running and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software on account of technical problems or traffic congestion on the internet or combination thereof, we shall take immediate measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you, including but not limited to loss of profit, loss of data, or loss of opportunity arising out of such unforeseen events and/or technical malfunction, or otherwise.
GenieTalk cannot and does not guarantee or warrant that files available for download through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
Use of the Services requires a supporting environment, including internet access, compatible hardware and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
GenieTalk may make changes to any Services offered on the Platform, or to the applicable terms for any such Services, at any time, without notice.
The Content and materials on the Platform with respect to the Services may be out of date, and GenieTalk makes no commitment to update the Content and materials on the Platform with respect to the Services.
GenieTalk shall not be liable for any deficiencies in the performance of the Services and such deficiency in performance shall not constitute GenieTalk’s failure to meet the requirements detailed in these Terms and Conditions, to the extent that any such failure is attributable to: (i) force majeure events; (ii) Customer’s acts or omissions (including, among other things, violations of law, wilful misconduct, negligent acts or breach of these Terms and Conditions); (iii) acts or omissions of third parties related to the Customer; (iv) restrictions/constraints imposed by applicable laws; (v) deficiencies or defects in User’s network, computer systems, servers, software and other resources utilised by the User accessing the Platform or for availing the Services; (v) acts or omissions of the Third-Party Providers; (vi) a failure by the user to provide GenieTalk, within a reasonable time, with any information or other material reasonably requested by GenieTalk for the performance of the Services; (vii) any inaccurate or misleading information supplied by the user to GenieTalk and upon which GenieTalk relies in performing the Services hereunder; (viii) user’s failure to take such corrective action which forms a part of the user’s responsibility, as may be reasonably requested and identified by GenieTalk to the user; (xi) infringement by the user of any Third-Party rights; and (xi) such other reasons not attributable to GenieTalk.
Notwithstanding anything contained in these Terms and Conditions, GenieTalk shall not be required to provide a Service to the extent the provision thereof would violate or contravene any applicable law.
Additional terms and conditions may apply in order for you to avail specific Services and to specific portions or features of the Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by reference. You agree to abide by such other terms and conditions, including where applicable representing.
If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Platform or for any specific Service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific Service.
We reserve the right to charge convenience charges on the Services we offer at our discretion. Customers will be intimated about the same while doing the transaction. GenieTalk reserves the right to change its fee policy from time to time. In particular, GenieTalk may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Platform. In such an event, GenieTalk reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to GenieTalk.
The Customer shall make the payment, in full, if Customer has availed any Services from GenieTalk. The Customer will pay for the Services as per the mode of payment prescribed by the GenieTalk from time to time.
The Customer shall be liable to pay all applicable taxes with respect to Services provided by GenieTalk.
Any payment made by the Customer for availing the Services is non-refundable. However, at GenieTalk’s sole discretion, refunds or credits may be granted in extenuating circumstances, as or to correct any errors made by GenieTalk. In no event shall GenieTalk’s aggregate liability in such events exceed the fee received by it from the concerned Customer for the relevant Service.
GenieTalk strives to get the best deals and provide the most competitive prices and we try to provide you with the best pricing for the Products. All prices mentioned on the Platform are received from the Third-Party Providers who have offered to fulfil the Products.
We try to keep the prices of the Products on the Platform updated. We also try to keep suggested plans or prices based on our information but at times, they may not be the latest pricing of the Products. While we strive to provide accurate pricing information, typographical and other errors may occur. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or service information, we will have the right to modify the price of the Product and contact the Customer for further instructions, or cancel the Product and notify the Customer of such cancellation. Further, in such a condition, the Customer will be required to make the additional payment of the Products to the Third-Party Provider.
Coupons are tickets that can be redeemed for a financial discount when purchasing a Product and are issued on behalf of respective Third-Party Providers. In addition to these Terms and Conditions, coupon redemption is subject to the standard and specified terms and conditions mentioned by respective Third-Party Providers. Any damages, losses and liabilities incurred by you as a result of using the coupon is not the responsibility of GenieTalk. Payments received after the expiry of the coupon code will not be applicable for any kind of incentive on an Order. Coupon codes can be used only on specific Orders as deemed fit by GenieTalk. GenieTalk has the right to refuse the usage of any coupon code at any point in time. Coupon codes that have expired cannot be used on the Platform. GenieTalk can at any time ask you for the proof of having received the coupon code.
Any discounts offered by GenieTalk will cover deduction in amount during the process of making the payment to GenieTalk. No claims later will be entertained. The discounts or coupons cannot be applied later once the order is confirmed and no reason or queries will be entertained in this respect. Any discounts are subject to Genie Talk’s discretion and can be changed, altered or withdrawn anytime without providing any prior information to the User. The User cannot hold GenieTalk responsible for any losses arising from the usage or non-usage of these discounts.
GenieTalk may also facilitate referral program wherein a unique number is assigned to your Account. You can use this code to refer your friends to GenieTalk and get rewarded. When you refer a friend to GenieTalk, you as well as your friend receives reward points when they set up their free account with us. This referral program is subjected to specific terms and conditions. To share your referral code, sign in and then visit our refer and earn page where you can share your custom link on WhatsApp, Messenger, Facebook, Twitter, LinkedIn, Google , SMS, or via email.
You must make sure to use a debit or credit card or bank account or internet wallet that you can legally use and either own or have the authorization to use. During the transaction and processing of the payment, you must provide the correct, accurate and complete details. GenieTalk cannot be held responsible for any illegal use of any debit or credit card or bank account or internet wallet. It is solely the responsibility of the user to use authorized payment details and ensure sufficient balance, limit or payment capacity is present in the card or bank account or internet wallet.
For further information regarding pricing and payment, please contact GenieTalk at email@example.com..
All fees and other charges are payable in Indian Rupees to the entity and in the manner determined by GenieTalk. You shall be solely responsible for compliance of all applicable laws for making payments to GenieTalk.
All payments for Services and the Products will be made through: (i) an electronic and automated collection and remittance service (the "Payment Gateway"), either hosted on the Platform through payment gateway service providers or payment links of service providers provided by GenieTalk (the "Service Providers"); or (ii) wire/bank transfer to a bank account designated by GenieTalk; or (iii) through payment links provided by GenieTalk. The Payment Gateway service is provided to you in order to facilitate your purchase of the Products and Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Service Providers in addition to these Terms and Conditions. The terms of your payment may also be determined by agreements between you and the financial institution, card issuer or other providers of your chosen payment method. By choosing to use paid Services, you agree to pay us, through the Service Providers, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms. You represent that you have the legal right to use any payment method that you submit to us. GenieTalk makes no representation of any kind, express or implied, as to the operation of the Payment Gateway. GenieTalk is not responsible for any errors by the Service Providers. GenieTalk reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. GenieTalk assumes no liability whatsoever for any monetary or other damage suffered by you on account of: (i) access to, use of, or reliance on the Payment Gateway services; (ii) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway; or (iii) any interruption or errors in the operation of the Payment Gateway. You expressly agree that your use of the Payment Gateway is entirely at your own risk. GenieTalk does not collect and store any payment details provided by you for transacting through the Payment Gateway. You agree, understand and confirm that personal data including without limitation details relating to debit card/credit card stored and transmitted over the internet is susceptible to misuse, theft and/or fraud and that GenieTalk has no control over such matters and shall not be liable in any manner whatsoever. GenieTalk does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorized use of data over the internet.
The records of GenieTalk and/or the Service Provider, generated by the transactions arising out of the use of Service, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction. The details provided by you for use of the Service Provider are correct and accurate and you shall not use a debit/credit card/net banking which are not lawfully owned by you. You further agree and undertake to provide correct and valid debit/credit card/net banking details. In default of the above conditions, GenieTalk shall be entitled to recover the amount of the transaction from you. Further, GenieTalk also reserves the right to initiate any legal action for recovery of cost, penalty or any other measures, as it may deem fit.
GenieTalk will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you while making payments to GenieTalk.
All commercial terms with respect to a transaction or deal are on a principal-to-principal basis between the Customer and the Third-Party Provider and use of the payment facility shall not render GenieTalk liable or responsible for the non-completion of any deal or transaction or any loss or damage suffered by the Customers such regards the deals/transactions.
All refunds for the Products ordered by a Customer shall be subject to the concerned Third-Party Provider’s policy. Further, the time required to process the refunds and the refund amount is also subject to the Third-Party Provider’s refund policy. In case the Third-Party Provider’s policy does not provide for a refund for particular Product, GenieTalk shall not be liable to refund the amount paid for the Product in the event the Customer wishes to cancel the Order or return the relevant Product.
The Customers shall be entitled to raise a request for a refund only if: (i) they pre-pay online for the Order at the time of placing the Order or the amount has been deducted from the Customers debit card/ account/ credit card, but they have not received the Product as per the Order; and (ii) the transaction for which the refund is requested, or any other activity by the Customer on the Platform does not violate any of these Terms and Conditions.
In case the Product purchased by the Customer has not been received by the Customer, then the Customer is requested to raise a complaint on the Platform. On receiving such complaint, the matter shall be examined by GenieTalk and if the complaint is found to be correct, then a full or partial refund (as applicable in the scenario) shall be made to the Customer within a reasonable period of time.
Notwithstanding anything contained herein, our decision on refunds shall be at our sole discretion and shall be final and binding on all Users.
The Customer has an option to transfer the refund money back to the debit card/ credit card/ bank account or wallet that was used to make the payment.
If the Third-Party Provider approves the Customer’s refund request, the refund will be initiated within 48 (forty-eight) hours and may take up to 7-10 working days to reflect on the Customer’s account.
When you use the Platform and/or Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records (including SMS) from us periodically and as and when required, irrespective of whether you are registered under the Do Not Disturb registry under Telecom Regulatory Authority of India, Government of India (TRAI) or not.
Your act of accessing, browsing or using the Platform and/or the Services or by contacting us through any means or medium, or engaging us to provide the Services constitutes a “verifiable request” by you authorising us to call or send messages to your telephone numbers provided to or registered with us, with respect to the Services.
We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
GenieTalk may send alerts to the mobile phone number provided by you while registering with the Platform for opening an Account or on any updated mobile number subsequently provided by you on the Platform, or via e-mail or push notifications. GenieTalk will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent by GenieTalk as an alert on the mobile phone number or e-mail ID provided during the course of or in relation to, using the Platform or availing any Services.
GenieTalk shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold GenieTalk liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever. The SMS/e-mail alert/push notification service provided by GenieTalk is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy.
Your access to the Services may also be through a secured one-time password (OTP) sent to your registered mobile number. It is your responsibility to protect your OTP and you shall not share your OTP with others and GenieTalk will not be responsible for the same.
In the event that you observe any error in the information provided in the alert, GenieTalk shall be immediately informed about the same by you and GenieTalk will make best possible efforts to rectify the error as early as possible. You shall not hold GenieTalk liable for any Losses that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
The Services shall contain Content specifically provided by us and/or our partners or licensors and such Content is protected by copyrights, trademarks, trade secrets or other proprietary and intellectual property rights and laws. Your use of the Content shall at all times be subject to these Terms and Conditions and you shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
While GenieTalk uses reasonable efforts to include accurate and up-to-date information on the Platform, GenieTalk makes no warranties or representations as to its accuracy. GenieTalk does not assume any liability or responsibility for any errors or omissions in the Content.
Given the nature of the Platform and the Services provided by us, it is not possible for us to be aware of the content that is uploaded or displayed on the Platform. Accordingly, GenieTalk operates on a “notice and takedown” basis. If you believe that any Content, including User Content on the Platform, is illegal, offensive or otherwise in breach of these Terms and Conditions ("Objectionable Content"), please notify us immediately. Once this procedure has been followed, we will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time, and in any event within 36 (thirty-six) hours or such longer period provided under applicable law.
GenieTalk may also take down Content, including User Content, upon receipt of a takedown notice received from any law enforcement agencies or upon the order of any judicial authority.
All content created, added, uploaded, submitted, distributed, communicated or posted on the Platform by Users (collectively "User Content" ), whether publicly posted or privately transmitted, is the sole responsibility of the User/person who originated such User Content. The Platform permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, the User shall be solely responsible for User’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Any and all feedback, review or content in any form provided by you will be non-confidential and GenieTalk can make use of this information in an unrestricted manner. GenieTalk may periodically review the User Content and may, with or without notice, take down such User Content that is not compliant with these Terms and Conditions.
You acknowledge that all Content and User Content, accessed by you using the Services, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content or User Content you access on the Platform or through the Services is or will continue to be accurate. GenieTalk does not and will not claim any ownership over or rights to the User Content, except to the extent stated herein.
By submitting any User Content to the Platform, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Platform, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing, part or all of the Platform or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, Third-Party websites and feeds), and including after your termination of your arrangement with us or the Services.
By submitting any User Content to the Platform, you also hereby do and shall grant each User (only to the extent such User Content is accessible to other Users) a non-exclusive and perpetual license to access any of your User Content that is available to such User on the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after the termination of your arrangement with us or the Services.
For clarity, the foregoing licenses granted to us and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any Third-Party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contractual rights, or any other intellectual property or proprietary rights.
GenieTalk: (i) does not examine, verify, research, endorse, validate or certify the User Content and any other information submitted/uploaded by Users on the Platform nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy and reliable; and (ii) expressly disclaims any and all liability in connection with User Content.
As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, GenieTalk hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
As a condition of use of the Platform and the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activities in connection with the Services and the activities of any person who uses your Account or who uses your computers, systems, mobiles, machines,communication devices, network and others’ applications and resources.
By using the Platform and the Services, you agree specifically that: (i) you will use your own independent and informed judgement before making any decision to buy or sell any Products and GenieTalk is not providing you with any advice or making any recommendation with respect to any Product, deal or transaction; (ii) you do not expect GenieTalk to, and understand that GenieTalk does not evaluate, confirm, verify or endorse any content, whether viewed on the Platform or otherwise conduct its own independent due diligence; (iii) you are not relying on the Content, or any data and information that appears on the Platform to make any decision related to your purchase of the Products; (iv) you are solely responsible for complying with any applicable law regarding any transaction carried out with the Third-Party Provider; (v) you will obtain such advice as is appropriate to protect your interest, including legal, accounting, tax, financial and other advice, before transacting through the Platform; (vi) there is a risk of incurring losses and damages as a result of any activity (purchase and/or sale of Products) and that you are willing to undertake this risk at your own will; and (vii) any decision taken by you pursuant to the use of the Services are at your own will and risk and you will be solely liable for the Loss incurred as result of any transaction undertaken by you pursuant to the Services.
GenieTalk strictly prohibits the submission, uploading, sharing, or distribution of content, information, data, and/or materials (either directly or indirectly) of the nature described below:
In addition to the above, you agree that you shall not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on or through the Services that: (i) you do not have the right, authority or license to make available, whether under law, contract or otherwise; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane or is otherwise inappropriate as determined by us, in our sole discretion; (iii) is false, misleading, untruthful or inaccurate; (iv) is invasive of another’s privacy; (v) violates the publicity or proprietary or intellectual property rights of third parties; (vi) impersonates any person or entity, including any of our employees, agents, representatives or sub-contractors or falsely states or otherwise misrepresents your affiliation with any person or entity or expresses or implies that GenieTalk endorses any statement you make; (vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, or non-public information; (ix) constitutes unauthorized or unsolicited advertising; (x) violates any law, statute, ordinance or regulation; (xi) would give rise to criminal or civil liability (under tort or otherwise); (xii) encourages conduct that constitute an offense or that encourages or provides instructional information about illegal activities; (xiii) has the potential to create liability for us; (xiv) could cause us to lose, in whole or in part, our relationship with our Users, clients, business partners, licensors, services providers or other suppliers; (xv) interferes with or disrupts the operation of the Platform/Services or the servers or networks used to make the Platform/Services available, or violate any requirements, procedures, policies or regulations of such networks; and (xvi) threatens the unity, integrity, defense, security or sovereignty of any country, 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.
You shall not (directly or indirectly): (i) disclose any sensitive, proprietary or confidential information, about yourself or anyone else or knowingly disseminate information that you know, reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to; (ii) misrepresent the source of your content; (iii) use the Platform or the Service in violation of any local, state or central law, rule or regulation or otherwise in violation of any law, rule or regulation which you may be subject to; (iv) use the Service in a manner that would violate the lawful privacy rights of any person or to publish or republish defamatory or libelous statements, or to harass or embarrass any person; (v) use the Service in a manner which could cause loss, damage or personal injury to any person; (vi) use the Service for any fraudulent or unlawful purpose or for the promotion of illegal activities; (vii) use the Services if you are a competitor of GenieTalk or for reasons that are in competition with GenieTalk; (viii) use the Services, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other persons use and enjoyment of the Services; (ix) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other computer systems, resources or networks connected to the Services); (x) run any form of auto-responder or “spam” on the Services; (xi) use manual or automated software, device, or other processes to “crawl” or “spider” any page of the Platform; (xii) obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information or any services available on or through the Platform through any means, including through means not intentionally made publically available or provided for through the Platform; (xiii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our Third-Party service providers’) infrastructure; (xiv) interfere or attempt to interfere with the proper working of the Platform and Services or any activities conducted on the Platform; (xv) use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injuries code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks,(g) flood or mail bombs,(h) logic bombs, or (i) other actions which GenieTalk reserves the sole right to determine to be malicious in intent; (xvi) make improper use of our Services or submit false reports of abuse or misconduct; (xvii) disparage, tarnish or otherwise harm GenieTalk, including the Platform and the Services; (xviii) 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; and (xix) use the Platform or the Service in violation of these Terms and Conditions or otherwise take any action in violation of our guidelines and policies.
In using the Services, you must comply with, and refrain from violations of, any right of any other persons, entity, law or contractual duty, including without limitation laws forbidding: (i) forgery, identity theft, misdirection or interference with electronic communications; (ii) invasion of privacy; (iii) unlawful sending of commercial electronic message or other marketing or electronic communications; (iv) securities violations, wire fraud, money laundering, or terrorist activities; and (v) false advertising, propagating or profiting from fraudulent and unfair schemes.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform or Services (including without limitation the O Genie App); (ii) modify, translate, or otherwise create derivative works of any part of the Services; and/or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations with respect to the use of the Platform and Services.
You shall not use the Services in violation of the copyrights, trademarks, patents, trade secrets or other intellectual property rights of third parties, nor shall you utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The applicable laws governing intellectual property will apply to issues of copyrights violations. GenieTalk will, in appropriate circumstances, terminate access to the Platform/Services of violators. If a Third-Party believes that you have violated their intellectual property rights and notifies us, we will forthwith take all necessary action, including but not limited to immediately terminating your access to the Platform/Services.
You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-Users or persons who gain access to the Services using your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with access to your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources and information; (iii) notify all persons who receive access to the Services of the provisions of these Terms and Conditions, and shall inform them that the terms of these Terms and Conditions are binding upon them; and (iv) notify GenieTalk if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or GenieTalk to cure the security breach.
You shall assume full legal responsibility for any access and use of the Platform and the Services, and in the event of any breach of this duty resulting in a legal claim against GenieTalk, you shall defend, indemnify and hold GenieTalk harmless from all claims and damages arising therefrom.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violation hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our Users and the public.
The enumeration of violations in this Section is not meant to be exclusive, and GenieTalk has and will exercise its authority to take any action which is necessary to protect the Services, Users and third-parties from acts that would be inimical to the purpose of this Section.
If GenieTalk does take any legal action against you as a result of your violation of these Terms and Conditions, GenieTalk is entitled to fully recover from you all attorney’s fees and costs as a result of such activity by you. You agree to fully pay any such fees incurred in the process. GenieTalk reserves complete right to seize your Account in whatever condition it is and freeze it without doing anything about any information contained in the Account or pending Orders.
The Platform, GenieTalk Network and all information and Content available on the Platform and its “look and feel”, including but not limited to the GenieTalk Marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data complications and software, and the compilation and organization thereof is the property of GenieTalk, or is used with consent of the owner and is protected by laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you are prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws.
GenieTalk Marks referenced in the Platform are the intellectual property rights of GenieTalk. Any unauthorized use of the same is strictly prohibited and all rights in same are reserved by GenieTalk. No use of any GenieTalk Marks may be made by any Third-Party without the express written consent of GenieTalk.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content obtained through the Platform for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Subject to these Terms and Conditions, we grant each User a non-exclusive, revocable, non-sublicensable, non-transferable and limited license to access the Platform solely for the purposes availing the Services.
Nothing contained on this Platform should be construed as granting, by implication or otherwise, any right, license or title to any of GenieTalk’s intellectual property and GenieTalk Marks, without the advance written permission of GenieTalk or such Third-Party as may be appropriate. All rights are expressly reserved and retained by GenieTalk. Your misuse of any of GenieTalk Marks displayed on the Platform, or any other Content on the Platform, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that GenieTalk considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent of the law.
The Services may contain information which is confidential to GenieTalk including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to you as confidential. Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about GenieTalk ("Confidential Information"), whether written, oral or visual, disclosed to it by GenieTalk or which comes into its possession or knowledge, from time to time.
You shall not disclose the Confidential Information to any others, except as may be required by law, in which this case and to the extent permissible by applicable law, you will notify GenieTalk immediately of any disclosure of any information which is confidential to GenieTalk.
You acknowledge that we have no duty to take any action regarding: (i) which Users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.
The Platform, the Services, the Content, including without limitation any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our Platform or the Services or that the Platform or the Services are error-free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
GenieTalk and GenieTalk Representatives do not warrant that: (i) the Platform or the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any Content or software available through the Platform or Services is free of viruses or other harmful components; and/or (iv) the result of using the Platform or the Services will meet your requirements. Your use of the Platform or the Services is solely at your own risk. The Platform/Services contain information provided by one or more Third-Party data providers. GenieTalk does not control and is not responsible for the information provided by any such Third-Party provider. You acknowledge and agree that neither GenieTalk nor any such Third-Party provider has any obligation to correct such information except as required by applicable law. Information you request may not be available or may not be provided, and GenieTalk has no liability for such failure. In no event will GenieTalk warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, the Contents and/or the Services. The Information, Contents, Products and Services available on the Platform may include technical inaccuracies or typographical errors. Therefore, you agree that your access to and use of our Platform, the Services and Content are at your own risk.
GenieTalk does not authorize anyone to make a warranty on its behalf and you may not rely on any statement of warranty as a warranty made by GenieTalk.
You shall defend, indemnify, and hold harmless GenieTalk and GenieTalk Representatives from all losses, claims, damages, liabilities, penalties, judgments, costs, expenses (including without limitation reasonable legal costs), charges, actions, proceedings and demands brought against or suffered by any of them resulting from, arising out of or relating to: (a) your (or any Third-Party using your identity or your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources);(b) use or misuse of, or access to, the Services, Content, or otherwise from your User Content; (c) violation or breach of any term of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; and (d) violation of any rights of any Third-Party.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. GenieTalk reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify GenieTalk, including rights to settle, and You agree to cooperate with GenieTalk’s defense and settlement of these claims. GenieTalk will use reasonable efforts to notify You of any claim, action, or proceeding brought by a Third-Party that is subject to the foregoing indemnification upon becoming aware of it. This Section shall survive termination of this Agreement.
The downloading and/or use of the O Genie App is entirely at your own risk and in no event, shall GenieTalk be liable for Losses relating to the O Genie App. Your sole and exclusive remedy for dissatisfaction with the O Genie App is to stop using the O Genie App.
GenieTalk disclaims any and all liability to you for enabling the purchase of the Products. This does not affect your statutory rights as a consumer against the Third-Party Provider. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Product to GenieTalk.
In no event shall GenieTalk and GenieTalk Representatives be liable under contract, tort, strict liability, negligence or any other legal or equitable theory: (i) with respect to the Platform and the Services; (ii) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages in excess of the fees paid to us for the Services, even if GenieTalk has been advised of, knew, or should have known, the possibility thereof. You hereby waive any and all claims against GenieTalk arising out of your use of the Platform or the Services, or any conduct of GenieTalk Representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.
In addition, you agree that GenieTalk is not responsible for any data compiled by our Services and that GenieTalk will not be liable, in any manner, as a result of your exposure to any defamatory, libellous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall GenieTalk, or any Third-Party provider of any component of the Services or of any information delivered as part of the Services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the Services, the Content, the use or inability to use this Platform, or any linked website, including without limitation, lost profits or other economic losses, business interruption, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if GenieTalk is advised of the possibility of such damage, including liability associated with any viruses which may infect your computer equipment.
GenieTalk shall not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Platform, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of data/information of a property or a project. GenieTalk shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or user or to any other person's computer related to or resulting from participating or downloading materials/information from the O Genie App. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your mobile system via GenieTalk.
GenieTalk reserves the right, in its sole discretion, to terminate your access to all or any part of the Platform or the Services at any time, with or without notice, effective immediately.
If you wish to terminate your Account, you may do so by following the instructions on the Platform or through the Services or writing to us at firstname.lastname@example.org.
GenieTalk is entitled to terminate these Terms and Conditions at any time and without any prior notice if you violate any of these Terms and Conditions.
Any such termination may result in the forfeiture and destruction of information associated with your Account.
Upon termination of your access to the Platform or Services for any reason, you shall destroy and remove from all computers, devices, equipment and other storage media all copies of any intellectual property owned by GenieTalk that you acquired through the Services.
Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to the GenieTalk before such termination shall become immediately due and payable, including any liabilities that may have been incurred prior to termination such as, GenieTalk’s costs for collection (including attorneys’ fees) of any such charges or other liabilities.
Upon termination, any and all rights granted to the user will immediately be terminated, and the user shall promptly discontinue all use of the Services.
All provisions of these Terms and Conditions which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing licenses to the User Content, ownership of intellectual property, warranty disclaimers, indemnity and limitation of liability.
These Terms and Conditions will be governed by the laws of India. Further, the courts at Mumbai, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and Conditions and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
If any dispute, controversy or claim arises under this Agreement or in relation to the Platform or Service, including any question regarding the existence, validity or termination of this Agreement (hereinafter “Dispute”), the concerned parties shall use all reasonable endeavours to resolve such Dispute amicably.
If the parties are unable to resolve the Dispute amicably within 30 (thirty) days of the notice of such Dispute, GenieTalk may elect to resolve such Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by GenieTalk. The seat of the arbitration shall be Mumbai or Indore and the language of arbitration shall be English.
Nothing contained in this clause will preclude a party from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief.
Any arbitration shall be confidential, and neither you nor GenieTalk may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award.
All administrative fees and expenses of arbitration will be divided equally between you and GenieTalk. This paragraph shall survive termination of these Terms and Conditions.
Interpretation: The section and paragraph headings in these Terms and Conditions are for convenience, solely for the purpose of reference and shall not, in any way, affect the meaning or interpretation of these Terms and Conditions. Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase will have corresponding meanings. Further, where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neutral gender and vice-versa. Any reference to a party, person or User in these Terms and Conditions shall include a reference to its successors in title/interest and assigns. All references to “laws”, “rules”, or “regulations” shall be to such laws, rules and regulations as amended, supplemented, or re-enacted from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
Force Majeure: GenieTalk shall not have any liability for failure to fulfill any obligation on account of force majeure reasons or reasons beyond its control, including, but not limited to any act of God, an act of government or any authorities, malicious Third-Party attacks on the Platform, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, explosion, rainstorms, earthquake, fire, flooding, or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in supply, destruction of service facilities, infectious diseases, epidemics, utility or telecommunication outages, internet disturbance or any unforeseen change in circumstances.
Modification: GenieTalk reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms and Conditions without prior notice to you, provided that if any such alterations constitute a material change to these Terms and Conditions (as determined by GenieTalk in its sole discretion), GenieTalk will notify you by posting an announcement on the Platform. All such amendments and modifications shall take effect immediately when posted on the Platform. By continuing to access the Platform or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms and Conditions. For this reason, we encourage you to review the Terms and Conditions whenever you use the Services. If you do not agree to any change to these Terms and Conditions, then you must immediately stop accessing the Platform or using the Services.
Waiver: Failure of GenieTalk to require performance of any provision of these Terms and Conditions shall not affect GenieTalk’s right to full performance thereof at any time thereafter, and any waiver by GenieTalk of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of GenieTalk.
Independent Rights: Each of the rights of GenieTalk are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right by GenieTalk, whether under these Terms and Conditions or otherwise. The rights of GenieTalk with respect to any matter conferred under any provision of these Terms and Conditions shall be in addition to any other rights conferred under any other provision of these Terms and Conditions, in law or in equity.
Severability: If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms and Conditions shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions. Furthermore, in lieu of each such illegal, invalid or unenforceable provision, we shall add as a part of these Terms and Conditions, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
Evidence: Subject to the applicable laws of evidence, you hereby agree not to object to the admission of these Terms and Conditions as evidence in legal proceedings.
Assignment: These Terms and Conditions and agreement evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any person without your consent.
No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
Notices: Any notices, requests and other communications required or permitted hereunder to be provided by the User to GenieTalk shall be in writing, in English language, and shall be given by hand against written acknowledgement of receipt, or sent by registered mail, or by facsimile followed by a confirmation letter by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by GenieTalk. Unless otherwise specified in these Terms and Conditions, electronic notices should be sent to GenieTalk at email@example.com. GenieTalk will send its notices to the Users by way of an email at the email address provided by the Users.
Last updated in May 2020