The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Genie Bazaar Private Limited for making product and service payments through an online payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. and Payment Gateway Service provider, through Genie Bazaar Private Limited's website i.e. www.geniebazaar.com. Each User is therefore deemed to have read and accepted these Terms and Conditions.
Please be aware, however, that Genie Bazaar Private Limited will release specific personal information about the User if required to do so in the following circumstances:
B. General Terms and Conditions for Online-Payments
- in order to comply with any valid legal process such as a search warrant, statute, or court order, or
- if any of User’s actions on Genie Bazaar Private Limited’s website violate the Terms of Service or any of Genie Bazaar Private Limited’s guidelines for specific services, or
- to protect or defend Genie Bazaar Private Limited’s legal rights or property, the Genie Bazaar Private Limited site, or Genie Bazaar Private Limited’s Users; or
- to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of Genie Bazaar Private Limited website/offerings.
C. Limitation of Liability
- Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on Genie Bazaar Private Limited’s website or mobile application and pay their dues and/or bill(s) or in any other manner as may be specified by Genie Bazaar Private Limited from time to time.
- Genie Bazaar Private Limited's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Genie Bazaar Private Limited's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by Genie Bazaar Private Limited with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Genie Bazaar Private Limited.
- If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
- These Terms and Conditions constitute the entire agreement between the User and Genie Bazaar Private Limited. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Genie Bazaar Private Limited. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- The entries in the books of Genie Bazaar Private Limited and/or the Payment Service Providers kept in the ordinary course of business of Genie Bazaar Private Limited and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
- Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Genie Bazaar Private Limited with his/ her claim details and claim refund from Genie Bazaar Private Limited alone. Such refund (if any) shall be effected only by Genie Bazaar Private Limited via payment gateway or by means of a demand draft or such other means as Genie Bazaar Private Limited deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
- In these Terms and Conditions, the term “Charge back” means approved and settled card (Debit or Credit) or netbanking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to Payment Gateway Service Provider’s accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
- Refund for fraudulent/duplicate transaction(s): The User shall directly contact Genie Bazaar Private Limited for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Genie Bazaar Private Limited alone in line with their policies and rules.
- Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
- In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Genie Bazaar Private Limited via e-mail or any other mode of contact as provided by Genie Bazaar Private Limited to confirm payment.
- In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider. No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
D. Miscellaneous Conditions
- Genie Bazaar Private Limited has made this Service available to the User as a matter of convenience. Genie Bazaar Private Limited expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Genie Bazaar Private Limited reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
- Genie Bazaar Private Limited and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Genie Bazaar Private Limited and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
- Genie Bazaar Private Limited and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
- the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
- any interruption or errors in the operation of the Payment Gateway.
- The User shall indemnify and hold harmless the Payment Service Provider(s) and Genie Bazaar Private Limited and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
- The User agrees that Genie Bazaar Private Limited or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Genie Bazaar Private Limited’s reasonable control.
- In no event shall Genie Bazaar, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from
- access to or use of the website or any services offered by any service professionals via the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect;
- Errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content;
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party;
- Any interruption or cessation of transmission to or from the website;
- Any errors or omissions in any data, content, information, materials or substance of the website or submitted content;
- Any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website;
- Any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or
- Any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Genie Bazaar is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the total, aggregate liability of Genie Bazaar, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Genie Bazaar by you hereunder.
You hereby acknowledge and agree that Genie Bazaar shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that Genie Bazaar shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.
E. Debit/Credit Card, Bank Account Details
- Any waiver of any rights available to Genie Bazaar Private Limited under these Terms and Conditions shall not mean that those rights are automatically waived.
- The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Genie Bazaar Private Limited or the Payment Service Provider(s) have no control over such matters.
- Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Genie Bazaar Private Limited does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
- Genie Bazaar Private Limited, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
- The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by Genie Bazaar Private Limited on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
- Choose a new password, whenever required for security reasons.
- Keep his/ her User ID & Password strictly confidential.
- Be responsible for any transactions made by User under such User ID and Password.
- The User is hereby informed that Genie Bazaar Private Limited will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her Genie Bazaar Private Limited account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
F. Personal Information
- The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
- The User may pay his/ her dues and bills to Genie Bazaar Private Limited by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
- The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The User is authorizing debit of the nominated card/ bank account for the payment of dues and settlement of bills selected by such
User along with the applicable Fees.
- The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
G. Payment Gateway Disclaimer
- The User agrees that, to the extent required or permitted by law, Genie Bazaar Private Limited and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
- The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to Genie Bazaar Private Limited. The User agrees to be contacted via e-mail on such mails initiated by him/ her.
- The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
The Service is provided in order to facilitate access to view and pay product and service dues and bills online. Genie Bazaar Private Limited or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
H. Payment Gateway Disclaimer
I. Dispute Resolution
- A service or product delivery can be cancelled up to 24 hours in advance of expected delivery or service time. Customers will receive full refund for such cancellations
- All commissions payable to Genie Bazaar Private Limited by Service Professionals and Customers on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
- All money earned by Service Professionals in form of “Credits” is non-interest bearing and can be withdrawn at any time.
- If poor customer service or inappropriate behaviour with customers results in the professional being de-listed from the Genie Bazaar platform, then all earned credits (through providing services) will be refunded.
J. Shipping Policy
Genie Bazaar reserves the right to cancel shipment in case of payment failures and/or to enable fraud prevention. Customer will be charged for product on delivery
K. Delivery Policy
Genie Bazaar reserves the right to cancel entire or part of delivery due to being out of stock on certain items, logistics, weather conditions, force majeure, fraud prevention and non-payment, and other reasons where its deemed necessary.
Customer can cancel a delivery until 24 hours in advance of delivery. Any request for cancellation that is made within 24 hours of delivery will be taken on a case-by-case basis and will depend upon whether products have already been shipped or not.
L. Condition of Use for Service Professionals
M. Condition of Use for Paying Users
(a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
(b) misrepresent the location at which they will provide a Service;
(c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service;
(d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
- offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly;
- exceed multiple Posting limits;
- post a single Service but offer additional identical services in the Service description;
- charge fees for traveling further than desired to provide the Service;
- offer the opportunity through Genie Bazaar to purchase the Service or any other service outside of Genie Bazaar;
- use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.
In case we realize that any professional is involved in any of the above activities, Genie Bazaar holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS: If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Genie Bazaar, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page
N. Use of Submitted Content
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
- commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Genie Bazaar in connection with the use or purchase of any Service.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Genie Bazaar, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
1. No Confidentiality
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Genie Bazaar does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Genie Bazaar shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. A doctor or a lawyer) is not extended to Genie Bazaar.
Genie Bazaar may also disclose user information including personal information if Genie Bazaar reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) Or other legal requirement of any governmental authority, (ii) would potentially mitigate Genie Bazaar’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. Your Representations and Warranties
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO GENIE BAZAAR
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. GENIE BAZAAR'S DISCLAIMERS AND RIGHT TO REMOVE
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Genie Bazaar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Genie Bazaar with respect thereto, and agree to indemnify and hold Genie Bazaar, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Genie Bazaar may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Genie Bazaar, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Genie Bazaar is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Genie Bazaar is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
O. Indemnification and Release
If you have a dispute with one or more website users, you forever release Genie Bazaar (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website and/or any submitted content.
M. No Third-Party Beneficiaries
O. General information
2. Statute of limitations: You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
© 2016 Genie Bazaar Private Limited. All rights reserved