Terms & Conditions
These terms and conditions (“T&Cs”) apply to access and use of the software including but not limited to Mobile Application, Web Application, etc. The website/Software/Application is owned by TECHNO TARA PRIVATE LIMITED, (Company).
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Genie Moneywebsite located at http://www.geniemoney.in; and all associated sites linked to http://www.geniemoney.in, or the Genie Moneymobile application or any similar platform (hereinafter collectively, Genie Money, run byTechno Tara Private Limited, having its registered office at703, Spaces 912, Mira Bhayander Road, Mira Road East, Thane, Maharashtra, 401107, India (hereinafter collectively, CompanyorGenie Money) on any device and/or before availing any services offered by Genie Money on the Company’s Platform which may include services such as marketplace service or any other service that may be offered by Genie Money on the Genie Money Platform (hereinafter individually, and collectively, the Genie Money Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Genie Money Services, whether offered by the Company or its present or any future affiliates.
By registering on, accessing, browsing, downloading, or using the Genie Money Platform for any general purpose or for the specific purpose of availing any Genie MoneyService/s, You agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Genie Money Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the Genie Money Service/s or any additional or modified service-specific terms and conditions in relation to any Genie MoneyService/s or any future service that may be offered by Genie Money on the Genie Money Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Genie MoneyPlatform or availing any Genie MoneyService/s, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Genie MoneyPlatform and immediately terminate Your availing the Genie MoneyServices. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Genie MoneyPlatform or a customer or beneficiary of the Genie MoneyServices, and Genie Money. All services are rendered by Genie Moneythrough the Genie MoneyPlatform under the brand name “Genie Money” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Genie Money, regarding Your use of Genie Money’s digital services (which includes but may not be limited to the marketplace service or any such other services which may be added on the Genie MoneyPlatform and which will henceforth be a Genie MoneyService, from time to time. The Genie MoneyServices shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Genie Moneygrants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Genie MoneyPlatform and/or avail the Genie MoneyServices.
The Genie Money Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Genie Money from availing the Genie Money Services or accessing the Genie Money Platform. By accepting the T&Cs or by otherwise using the Genie Money Services on the Genie Money Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Genie Money, or disqualified for any other reason, from availing the Genie Money Services or using the Genie Money Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Genie Money reserves the right to suspend or permanently prevent You from availing Genie Money Services or using the Genie Money Platform.
Other Terms & Conditions –
Additional terms and conditions may apply in order for You to avail specific Genie Money Service/s and to specific portions or features of the Genie Money Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Genie Money Platform or for any Genie MoneyService/s offered on or through the Genie Money Platform, the latter terms shall control with respect to Your use of that portion of the Genie Money Platform or the specific Genie Money Service/s. Genie Money may make changes to any Genie Money Service/s offered on the Genie Money Platform/s, or to the applicable terms for any such Genie Money Service/s, at any time, without notice. The materials on the Genie Money Platform/s with respect to the Genie Money Service/s may be out of date, and Genie Money makes no commitment to update the materials on the Genie Money Platform/s with respect to such Genie Money Service/s.
Communication Policy –
By accepting the T&Cs, You accept the following:
- Genie Money may send alerts to the mobile phone number provided by You while registering with the Genie MoneyPlatform/s on any updated mobile number subsequently provided by You on the Genie Money Platform/s, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
- Genie Money 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 from Genie Money as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Genie Money Platform/s or availing any Genie Money Service/s. Genie Money shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Genie Money liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
- You authorize Genie Money to contact You and communicate with You for any Genie Money Service/s or Offer/s. Genie Money may use third party service providers to send alerts or communicate with You. You authorize Genie Money and Genie Money Entities to override the DND settings to reach out to You over calls, SMS, emails and any other mode of communication.
- The SMS/e-mail alert/push notification service provided by Genie Money is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Genie Money shall be immediately informed about the same by You and Genie Money will make best possible efforts to rectify the error as early as possible. You shall not hold Genie Money liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
- The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Genie Money shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- You will indemnify and hold harmless Genie Money and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Genie Money or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Genie Money and/or the SMS/e-mail service provider.
Usage of Genie Money Platform/s –
You understand that except for information, products or services clearly indicated as being supplied by Genie Money, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Genie Money cannot and does not guarantee or warrant that files available for download through the Genie MoneyPlatform/s 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.
Prohibited Conduct –
By accessing or using the Genie Money Platform or by availing Genie Money Services, You agree not to:
- Violate the T&Cs;
- Impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Genie Money Service/s, perform any other similar fraudulent activity or otherwise avail Genie Money Service/s with what we reasonably believe to be potentially fraudulent funds;
- Infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
- Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Genie Money;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Genie Money Service/s and the Genie Money Platform/s or features that enforce limitations on the use of the Genie Money Service/s or the Genie Money Platform/s;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Genie Money Service/s or Genie Money Platform/s or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- Use the Genie Money Service/s or the Genie Money Platform/s in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Genie Money Service/s or the Genie Money Platform/s in an automated manner;
- Modify, adapt, translate or create derivative works based upon the Genie Money Service/s and the Genie Money Platform/s or any part thereof, except and only to the extent that that this is permissible by applicable law;
- Intentionally interfere with or damage operation of the Genie Money Service/s or the Genie Money Platform/s or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- Use any robot, spider, other automatic device, or manual process to monitor or copy the Genie Money Platform/s without prior written permission;
- Interfere or disrupt the Genie Money Platform/s or networks connected to the Genie Money Platform/s;
- Take any action that imposes an unreasonably or disproportionately large load on Genie Money’s infrastructure/network;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Genie Money Platform/s or to manipulate Your presence on the Genie Money Platform/s;
- Sell the Genie Money Service/s, information, or software associated with or derived from it;
- Use the facilities and capabilities of the Genie Money Platform/s to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- Breach this Agreementor any other agreement or policy as may be applicable pursuant to the T&Cs;
- Provide false, inaccurate or misleading information;
- Use the Genie Money Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Genie Money Platform/s, except and only as expressly provided in the T&Cs;
- Use the Genie Money Service/s in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Genie Money, a third party or You;
- Send automated request of any kind to the Genie Money Platform/s without express permission in advance from Genie Money.
Violation of Agreement; Termination –
You agree that Genie Money, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Genie Money Services / Genie Money Platforms and remove and discard on the Genie MoneyPlatform/s all or any part of Your account, Your user profile, or Your recipient profile, at any time. Genie Money may also in its sole discretion and at any time discontinue providing access to the Genie Money Service/s, or any part thereof, with or without notice. You agree that any termination of Your access to the Genie MoneyServices / Genie Money Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Genie Money will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Genie Money may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Genie MoneyServices / Genie MoneyPlatform.
Modification of the Agreement –
Genie Moneyreserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Genie MoneyPlatform/s or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Genie MoneyPlatform/s, availing the Genie MoneyService/s. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Genie MoneyServices/ Genie MoneyPlatform/s. For certain changes, Genie Moneymay be required under applicable law to give You advance notice, and Genie Moneywill comply with such requirements.Your continued use of the Genie MoneyPlatform/s following the posting of changes will mean that You accept and agree to the changes.
Limitation of Liability and Damages –
In no event, Genie Money or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Genie Money Service/s, the Genie Money Platform/s or any reference site/app/platform/service; or (iii) Your use or inability to use the Genie Money Service/s, the Genie Money Platform/s (including any and all materials) or any reference sites/app/platform/service, even if Genie Money or a Genie Money authorized representative has been advised of the possibility of such damages. In no event, Genie Money, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Genie Money Service/s, the Genie Money Platform/s or any reference site/app/platform/service; or (iii) Your use or inability to use the Genie MoneyServices, the Genie Money Platform/s (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with Genie Money, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Genie Money Service/s or the Genie Money Platform/s giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Genie Money has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Genie Money, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Genie Money. Genie Money would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Genie Money’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Genie Money, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Genie Money Services or of the Genie Money Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Genie Money reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Genie Money, including rights to settle, and You agree to cooperate with Genie Money’s defense and settlement of these claims. Genie Money 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 paragraph shall survive termination of this Agreement.
Ownership & Proprietary Rights –
The Genie Money Service/s and the Genie Money Platform/s are owned and operated by Genie Money. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Genie Money Service/s and the Genie Money Platform/s provided by Genie Money (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Genie Money, all Materials, trademarks, service marks, and trade names contained on the Genie Money Platform are the property of Genie Money. You agree not to remove, obscure, or alter Genie Money or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Genie Money Services/Genie Money Platform/s. Except as expressly authorized by Genie Money, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Genie Money reserves all rights not expressly granted in this Agreement. If You have comments regarding the Genie Money Service/s and/or the Genie Money Platform/s or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Genie Money, and shall assign to Genie Money, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Genie Money may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Genie Money Platform/s or by any other reasonable means. Except as otherwise set forth herein, notice to Genie Money must be sent by courier or registered mail to Techno Tara Private Limited, 703, Spaces 912, Mira Bhayander Road, Mira Road East, Thane, Maharashtra, 401107, India.
The failure of Genie Money to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Genie Money.
If any dispute, controversy or claim arises under this Agreement or in relation to any Genie Money Service/s or the Genie Money Platform/s, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Genie Money may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafterAct). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai, Maharashtra, India and the language of this arbitration shall be English. Either You or Genie Money may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to You or Genie Money (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Genie Money 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 Genie Money. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law & Forum for Disputes –
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Genie Money must be resolved by a court having jurisdiction in Mumbai, Maharashtra, India. You agree to submit to the personal jurisdiction of the courts located withinMumbai,Maharashtra, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement –
This Agreement is the entire agreement between You and Genie Money relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Genie Money in accordance with the terms of this Agreement.