Terms And Conditions Apply | Ogenie's Personal Assistance

Last updated in Aug 2022

General

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, together with: (i) GenieTalk’s privacy policy, located at "Privacy Policy"; and (ii) any other agreements and terms and conditions entered into with the Company (collectively, "Terms and Conditions") govern: (a) your relationship with GenieTalk; and (b) your use of the Platform and the Services (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.

Definitions

In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall bear the meanings ascribed to them below:

  • "Affiliate(s)" means persons that control, are controlled by, or are under common control with the Company, where “control” means the power to direct the management or policies of any persons, whether through: (i) the ownership of over 50% (fifty percent) of the voting power of such persons; (ii) the power to appoint more than half of the constitution of the board of directors or similar governing body of such persons; and/or (iii) contractual arrangements or otherwise;
  • "Content" includes, without limitation, information, data, text, written posts and comments, images, software, scripts, graphics, and interactive features generated, provided or otherwise made accessible on the Platform or through the Services;
  • "O Genie App" means the mobile applications available for Android, iOS and such other platform, developed and provided by GenieTalk that provides access to the Services;
  • "GenieTalk Marks" shall mean trademarks, service marks, trade names, service names, brand names, brand marks, internet domain names, identifying symbols, logos, emblems, signs or insignia, owned by GenieTalk;
  • "GenieTalk Network" shall mean the systems, hardware, software, web properties and communication pathways and interfaces owned or operated by or on behalf of GenieTalk that are used to provide all or any part of the Services;
  • "GenieTalk Representatives" means the respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, partners, service providers, vendors and suppliers of each of the GenieTalk entities;
  • "Losses" shall mean and include all direct losses, expenses, claims, damages, liabilities, penalties, judgments, costs, expenses (including without limitation reasonable legal costs), charges, actions, proceedings and demands;
  • "Orders" means an order or booking made by a user on the Platform for purchase of the Products;
  • "Platform" means https://www.ogenie.app/, its sub-domains and all other internet domains, the O Genie App and all other mobile applications, widgets, and other downloadable applications developed, owned, operated and controlled by GenieTalk, and branded or licensed exclusively under the GenieTalk Marks, whether now existing or hereinafter developed, through which GenieTalk provides the Services;
  • "Products" means the goods and services provided by the Third-Party Providers to the Customers through the Platform;
  • "Services" means the services, content, features, applications, tools, data, documents and information provided or made available by GenieTalk through the Platform, from time to time, but does not include any services provided by the Third-Party Providers;
  • "Subsidiary(ies)" has the meaning ascribed to such term under the (Indian) Companies Act, 2013; and,
  • "Third Party Provider(s)" means third-party merchants, vendors or service providers who are registered with GenieTalk for providing the Products.

Acceptance of terms and conditions

Before you are permitted to use the Platform or the Services, you are required to accept these Terms and Conditions.

  • Accessing, browsing or using the Platform, or agreeing to use the Services by clicking "Sign up" or registering with us, or clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service or ordering the Services on the Platform, or engaging in any transaction with respect to the Services, or ordering the Products through the Platform, constitutes your acceptance and agreement to be bound by these Terms and Conditions, which may be modified by us, at any time and from time to time, without notice to you.
  • If, at any time, you do not accept or agree with any of these Terms and Conditions or do not wish to be bound by these Terms and Conditions, you may: (i) not access, browse or use the Platform and the Services and immediately terminate your access or use of the Platform and the Services; or (ii) send an email to us at [email protected], indicating your intent to terminate your Account.
  • Accepting or agreeing to the Terms and Conditions shall constitute a legal contract between you and GenieTalk.

Eligibility and Registration

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.

Registered Users

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.

General Users

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.

Use Of The Platform And Services

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 For Specific Services

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.

Charges

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.

Pricing, Coupon Code, Discounts And Referral Program

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 protected].

Payments

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.

Refunds

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.

Communication Policy

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.

Content Of The Website

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.

User Content

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.

In connection with the User Content, the User affirms, represents, and/or warrants that: (i) the User owns or has the necessary licenses, rights, consents, permissions and authorizations to use and authorise GenieTalk to use, all User Content, including to enable GenieTalk to include and use the User Content for the purposes and in the manner contemplated by these Terms and Conditions; (ii) the User has the written consent, authorisation, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by these Terms of Use; and (iii) GenieTalk will not be subjected to any claim, actions, liabilities, loss and damage as a result of its use of the User Content.

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:

    • Belongs to another person and to which the User does not have any right to;
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • Harm minors in any way;
    • Infringes any patent, trademark, copyright or other proprietary rights;
    • Violates any law for the time being in force;
    • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • Impersonate another person;
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
    • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Mandatory Rules Of Conduct

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:

  • Sexually explicit content: GenieTalk does not allow actions that facilitate or promote sexual gratification or sexually explicit content. This includes: (i) pornographic, sexually explicit, or erotic content; (ii) content that describes sexual acts or sex toys; (iii) escort services or other services that may be interpreted as providing sexual acts in exchange for compensation; (iv) content that describes or encourages bestiality; and (v) child endangerment, including child pornography. GenieTalk has a zero-tolerance policy against child sexual abuse content. If we become aware of content facilitating or promoting the distribution of child sexual abuse content, we will report it to the appropriate authorities and delete the Accounts of those involved with the distribution.
  • Violence and dangerous activities: GenieTalk does not allow actions that facilitate or promote gratuitous violence or dangerous activities. This includes: (i) graphic descriptions of realistic violence or violent threats to any person or animal; (ii) terrorist groups documenting their attacks anything that amounts to endangering national security; (iii) instructions for engaging in or facilitating violent activities, including bomb-making or weapon-making; (iv) self-harm, including instructions to carry out self-harm; and (v) bullying and harassment. We do not allow actions that facilitate threats, harassment, or bullying. This includes content primarily intended to harass or single out another person for abuse, malicious attack, or ridicule.
  • Hate speech: GenieTalk does not allow actions that facilitate or promote content that advocates hate or violence against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity. Actions that facilitate or promote near-hate negativity towards a protected group are prohibited. This includes actions that make inflammatory or excessively negative statements about: (i) intelligence; (ii) appearance or hygiene; (iii) socio-economic status; (iv) ethics or morality; (v) disability or medical condition; (vi) criminal history; (vii) sexual activity; and (viii) sensitive events. We do not allow actions that lack reasonable sensitivity towards or capitalize on, a natural disaster, atrocity, conflict, death, or other tragic events.
  • Gambling and other Illegal activities: GenieTalk does not allow actions that promote online gambling services, including but not limited to, online casinos, sports betting, lotteries, or games of skill if they offer prizes of cash or other value. Further, we do not allow actions that facilitate or promote illegal activities. You are solely responsible for determining the legality of your action in its targeted locale. Actions determined to be unlawful in locations where they are published will be removed.
  • Alcohol & Tobacco: Any actions that facilitate or promote the sale of alcohol or tobacco, or related products, must: (i) comply with all restrictions or procedures required under applicable law; and (ii) implement account linking and verify user meets legal age requirements. Alcohol and tobacco branded actions must include age verification at the beginning of the action conversation. These requirements apply to all types of alcohol beverage and tobacco products. We do not allow actions that promote excessive use of alcohol or tobacco or use by minors.
  • Recreational Drugs: GenieTalk does not allow actions that facilitate the sale or production of recreational drugs.
  • Emergency Services: GenieTalk does not allow actions that enable users to contact emergency responders. For example, 100.
  • Financial Services: GenieTalk does not allow actions that provide services or store sensitive financial data in violation of applicable legal obligations. GenieTalk is not able to commit that the actions on its Platform can meet all requirements set by financial regulations. Financial data or authentication data cannot be collected via the conversational interface. This includes, for example, bank account or credit card numbers, or PIN/passwords. Actions that provide bank account information, such as credit balances, must implement account linking.

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.

Any activity that you are prohibited from performing under these Terms of Use is equally prohibited to anyone using your Account, computers, systems, mobiles, machines, communication devices, network and others’ applications and resources to access the 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.

You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestion, feedback, ideas, material or other information sent or transmitted to GenieTalk, either through the Platform, email or otherwise (collectively "Feedback"), shall be deemed to be and treated as non-proprietary and non-confidential. Subject to the conditions described in GenieTalk’s Privacy Policy, GenieTalk shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including but not limited to developing and marketing the Services. GenieTalk reserves the right to publish or use the Feedback for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such Feedback will be the property of GenieTalk. GenieTalk reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as it deems fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with GenieTalk’s products or services. If you provide a Feedback, you represent and warrant that you own or otherwise control the rights to the Feedback. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false email, address, impersonate any person or entity, or otherwise mislead GenieTalk as to the origin of any Feedback. You agree to indemnify GenieTalk for all claims arising from any claim to any rights in any Feedback or any damages arising from any Feedback.

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.

Intellectual Property Rights And Ownership

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.

Policy

We view the protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. Our Privacy Policy governs our collection, use and disclosure of your personal information and is incorporated into and forms an integral part of these Terms and Conditions. Please read it carefully. It describes what information we collect from you and when, how and why we collect information from you, whom we share your information with and when and how you can opt-out. This is important information. By using our Services, you specifically consent to our Privacy Policy.

Confidentiality

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.

Disclaimer

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.

Indemnification

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.

Limitation Of Liability

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.

Termination

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 [email protected].

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.

Governing Law And Jurisdiction

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.

Dispute Resolution

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.

Miscellaneous Provisions

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.

Entire Agreement: These Terms and Conditions, the Privacy Policy, Cancellation & Refund Policy, including all related agreement and policies incorporated by reference herein, constitutes the entire agreement between you and GenieTalk related to the subject matter hereof.

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 protected]. GenieTalk will send its notices to the Users by way of an email at the email address provided by the Users.

Genie ELITE

Last updated in Aug 2022

Features:

  • Travel Benefits on every booking –
  • Unlimited Rescheduling
  • Discounted Cancellation
  • Complimentary Meals
  • Free Seat
  • 1% Reward Points
  • Private Charters worth ₹50,000/yr (discount)

  • GenieBox – 200+ offers with Exclusive Brands

General Terms And Conditions

  • All the benefits under this membership are available with selected partner airlines and selected carriers on domestic routes with economy class.
  • We recommend making any modifications before 24 hours of your journey to avoid any inconvenience.
  • OGenie is not responsible for any changes made directly with the airlines on your bookings. In such a scenario, a membership holder is not eligible for any refund generated from the modification of his/her journey.
  • Benefit consumption is only eligible for the bookings made from the OGenie application.
  • To avail of the benefits, membership holders should log in on the OGenie app with the Registered mobile number which was used to purchase the membership.
  • Please note that benefits are not covered under ‘Standard Fares’, membership holders have to select 'Genie fare' at the time of booking.
  • OGenie shall not be held accountable or responsible in any manner for the information provided by the user for GST details used for the bookings.
  • In case of benefit(s) revoked by the partner airlines, or airlines shut the operations for any or all domestic sectors, OGenie shall not refund any membership fee charged on the membership. Membership once purchased will not be refunded under any circumstances
  • Benefits claimed under this membership are completely subjected to airline policies and can be updated at any time without prior notice.
  • Airline rules and regulations are subject to change without prior notice. We also request you to please keep a check with the relevant airline as well.

Unlimited Rescheduling

  • Membership holders are eligible to modify the date and time for their upcoming travel for unlimited times as necessary.
  • Source and destination of the upcoming travel cannot be changed under the benefit.
  • Airline rescheduling charges are waived off completely under this benefit; however, the OGenie fee of Rs. 350/- per passenger per sector along with fare difference & applicable taxes charged at the time of rescheduling.
  • As the rescheduling time window differs from airline to airline, modifications can only be done 24 hours prior to departure to avoid any inconvenience.
  • Any acceptance of your modification request is the sole decision of the airlines. OGenie shall not be liable for any denials by the airline on your upcoming travel at the time of rescheduling.

Discounted Cancellation

  • Cancellation claimed under this benefit will attract a discounted price which is usually less than regular cancellation charged by the airlines.
  • Membership holders are eligible to get upto 50% off on airline cancellation charges. Please note that the OGenie fee of Rs. 499/- will be applicable additionally on per passenger per sector basis.
  • Any possible refund amount will be processed after 7 working days of the cancellation confirmation by the airlines and will be credited within 10-15 working days on the actual mode of payment or in your Genie Wallet.
  • As the cancellation time window differs from airline to airline, cancellations can only be done 24 hours prior to departure to avoid any inconvenience.
  • OGenie does not stand liable for the delay in processing refunds if the same is not received by the airlines.
  • No airlines cancellation fee or OGenie fee will be charged for cancellation if the airline cancels the flight.
  • Customer will not be eligible for a refund if the airline has issued a credit shell against the cancelled booking/flight service.
  • OGenie convenience fee is non-refundable in case of cancellation.
  • We suggest making all cancellation/modification requests 12 hours prior to flight departure in the case of domestic flights. For International, please report any changes before 48 hours of departure.

Complimentary Meals

  • Membership holders can avail of this benefit with our partner airlines for select domestic routes.
  • Membership holders can choose free meals onboard or pre-book from the available menu options in the application at the time of booking.
  • Meals on board and meals options available in the application may differ depending on sectors. We suggest to please contact the airlines for any clarification.
  • Pre-book meals once selected cannot be changed.
  • OGenie does not guarantee the availability of pre-booked meals on board. It is completely dependent on the airlines and is irrespective of the option chosen in the application.
  • OGenie is not responsible for any changes done by the airlines on the pre-book menu option available in the application.

Seat Benefits

  • Membership holders can avail of this benefit with our partner airlines.
  • Membership holders can opt for complimentary seats from the available seat map in the application at the time of booking, which is subject to availability.
  • As per the airline’s policy, only specific rows are available for your selection as a complimentary benefit. Not all the seats in an aircraft are available for selection.
  • Please note that extra legroom seats are chargeable by the airline, you can opt for such seats by paying extra at the time of booking.
  • OGenie does not assure definite free seat selection for any passenger as the benefit is available on a first-come-first-serve basis and the airline’s availability.

1% Reward Points

  • Flat 1% of the total transaction amount will be credited to the Genie Wallet as your rewards after the services are availed.
  • Reward points can be redeemed for your upcoming flight bookings made through the OGenie application.
  • To redeem, you can select Genie Wallet as our payment option at the time of payment.
  • Rewards can be consumed completely or partially as per your choice from your Genie Wallet.
  • We suggest renewing your membership before expiration to keep using Genie Rewards and enjoy exclusive benefits.

GenieBox

  • GenieBox offers can only be redeemed with a purchase of Genie ELITE
  • Offers are to be claimed following the partners' authenticity of the coupon expiration
  • Users shall consider the terms and conditions on their respective partners' platform
  • The offer is valid only for coupons generated from the OGenie App only
  • One Coupon Code is applicable at a time
  • In case of any assistance concerning this offer, write to us at [email protected] or reach out to us at +91 7780066666

Private Charters

  • Users can avail of INR 50,000 worth of additional benefits given on booking of a Private Charter within a year
  • INR 10,000 can be redeemed per charter booking, maximum upto 5 times within a year
  • For detailed terms and conditions in regards to the charters booking, kindly adhere and refer to this link: click here.

Genie PRO

Last updated in Aug 2022

Features:

  • 100% Refundable booking for Domestic and International flight bookings with no cap limit.
  • Genie ELITE Benefits applicable, click here.

100% Refundable Booking

  • 100% refund on travel booking(s) is provided with hassle-free processing in 5 easy steps:

    Go to OGenie app -> Purchases -> Select Flight -> Cancel Ticket -> Fill Up Refund Application
  • Genie Pro users will be charged a 5% refundable booking fee of the total ticket amount.
  • Refundable Booking is applicable on the total transaction amount irrespective of the number of travellers.
    Without any cap limit.
  • Users can claim for the refund by filling up the Refund Application form upto 30 days after the travel date.
  • Refundable Booking Policy needs to be exclusively selected while booking the flight ticket. So the user can claim full refund against that booking only post cancellation.
  • Document needs to be attached with the Refund Application Form as an evidence of the reasons stated on OGenie’s Platform for cancellations of travel and subsequently for attaining full refunds.
  • OGenie will refund the ticket amount for cancelled trips within 5 working days to the user’s bank account after the cancellation process is initiated and it is conditionally on the approval of the evidence provided and verified.

General Terms And Conditions

  • All the benefits under this membership are available with select partner airlines on domestic routes with economy class.
  • We recommend making any modifications before 24 hours of your journey to avoid any inconvenience.
  • OGenie is not responsible for any changes made directly with the airlines on your bookings. In such a scenario, a membership holder is not eligible for any refund generated from the modification of his/her journey.
  • Benefit consumption is only eligible for the bookings made from the OGenie application.
  • To avail of the benefits, membership holders should log in on the OGenie app with the Registered mobile number which has active Membership.
  • Please note that benefits like rescheduling, free seats, discounted cancellation and complimentary meals are not covered under ‘Standard Fares’, membership holders have to select 'Genie Fare' at the time of domestic flight bookings.
  • OGenie shall not be held accountable or responsible in any manner for the information provided by the user for GST details used for the bookings.
  • In case of benefit(s) revoked by the partner airlines, or airlines shut operations for any or all domestic sectors, OGenie shall not refund any membership fee charged on the membership. Membership once purchased will not be refunded under any circumstances.
  • Benefits claimed under this membership are completely subjected to airline policies and can be updated at any time without prior notice.
  • Airline rules and regulations are subject to change without prior notice. We also request you to please keep a check with the relevant airline as well.

Genie Charters

Last updated in Aug 2022
  • Confirmation of the flight is subject to availability Of Aircraft & Crew at the time of booking can be confirmed after the receipt of Advance payment only.
  • This offer is subject to availability of the Aircraft/Helicopter, traffic rights, compliance with ‘Flight Duty Limitation Rules’ and receipt of necessary permissions from regulatory authorities at the time of confirmation.
  • Standard Catering included in the above quotation. Any Special request will be charged at additional cost. Note: Due to COVID-19 situation and partial lockdown of suppliers, presently catering is subject to availability.
  • The flight timings and cost mentioned are representations. It may vary depending upon weather / wind / fog/visibility conditions and flight schedules are subject to change / divert due to weather conditions, flight safety and operational restrictions.
  • For Crew Layover in case of prolonged halts during a single day at a particular station, the “charterer” will make suitable arrangements for boarding, lodging & local transport or Genie Talk Pvt Ltd will make the necessary arrangements at additional cost to the charterer.
  • Genie Talk Pvt Ltd shall not be liable for any delay/inconvenience caused towards diversion, due to bad weather/VIP movements, unforeseen circumstances caused by nature or due to force majeure reasons in such conditions; charterer has to bear the cost of extra flying/overnight halt/waiting etc.
  • Quote/ offer is made on a best- effort basis. Any cancellation necessitated due to technical reasons/ non- availability of permits or landing slots or reasons beyond the control of Genie Talk Pvt Ltd. will not attract any penalty/ claim from the charterer.
  • For a halt that exceeds 3Hrs, then crew accommodation charges will be applied @ Rs.50000/- plus GST.
  • If the destination does not permit parking of aircraft, nearest airport ferry flying charges additional to be paid by you. Private airfield charges & the cost of Extension of watch hours is to be borne by the customer.
  • The passengers should follow the security and safety regulations of the concerned airport, any delay due to non-compliance of the same by the passengers, the operator will not be held responsible. Carrying of absolute contraband items, narcotic drugs and psychotropic substances that include dangerous goods, any sharp objects, lighters, Mobile Samsung Note 7, 2 etc. is strictly prohibited.
  • The operator ensures best of their effort for the performance, any cancellation due to engagement of aircraft in local elections or any diversion due to reasons beyond human control the operator will not be held responsible for the operation.
  • The Estimated flying time quoted above is Block time minimum payable by you., Should the flight time vary, or flight be curtailed/cancelled/diverted/held-over due to factors beyond our control (like weather), or the actual flying time is longer than the indicated time (due to ATC clearance/density of air traffic/wind and weather conditions etc.), payment would have to be made on the basis of actual flying/overnight halt/waiting etc. or the estimated flying time plus additional expenses whichever is higher.
  • 100% advance to be received at the time of booking, as ‘confirmation charges’ for confirming the charter. Payment can be made via Bank Transfer to 'GENIE TALK PVT LTD' or through Payment Links
    Account Name: GenieTalk Private Limited
    Bank Name : HDFC Bank Ltd
    Account Number: 50200020997488
    IFSC Code: HDFC0001240
    Branch: Commerce House, Indore

Please take note that our GENERAL TERMS AND CONDITIONS will apply.

We require Copies of Valid Passport for all Foreigners with Valid VISA along with the names of Indian passengers well in advance to obtain prior permissions. Please send us the payment and acceptance of our offer on the above-mentioned terms, by signing and returning a copy of the quotation / Proforma Invoice, at the earliest, as the availability is subject to any prior confirmed bookings received by us.

Annexure 1 - GENERAL TERMS AND CONDITIONS:

  • 1. We would require the requested information within the stipulated timelines, in-order to enable us to seek the necessary permissions for the effecting of the flight.
  • 2. "Genie Talk Pvt Ltd" will not be responsible in any manner whatsoever for passengers travelling without the relevant travel documents and/or, carrying any contraband items and/or, involved/indulging in any illegal activities.
  • 3. Minimum 2 hours ‘per aircraft per day’ or actuals ‘per aircraft per day’, whichever is higher - will be charged for a booking.
  • 4. If there is no flying on a particular day of a Charter, a minimum of 2(two) hours of flying time will be charged as “Non-Flying Day Charge” and in this case, no night halt charge will be levied.
  • 5. Flying hour charges include the cost of the Aircraft fuel, oil, maintenance, landing at AAI Airports and day parking charges, standard in-flight meals, navigation fees and dispatch cost of the aircraft.
  • 6. In addition to applicable Taxes, we would be charging for the below mentioned items:
1. Domestic Flights:
  • Ground Handling service charges
  • Extension of watch hours (if applicable)
  • Day Detention charges are applicable after 4 hours of waiting at a destination.
  • Night Halt charges (if applicable)
2. International Flights:
  • IFS (International Flight clearance Service) charges
  • Crew stay: The crew members will be entitled to ₹1,00,000/- per night /day per stay (subject to hotel check-in and check-out times
3. Any additional/statutory charges levied by Airport Authority, Customs/Regulatory authorities, shall be billed.

Cancellation Charges:

  • An amount of ₹ 3,50,000 or actuals will be levied against flight preparation charges if flight is cancelled due to "force majeure" reasons. In case the flight is cancelled by the Charterer due to delay in departure due to "Force Majeure" reasons 100% of the Charter cost will be levied if updated in advance to the charterer about chances of such delay.
  • 30% of the total estimated charter cost will be levied if the flight is cancelled within 72 to 48 hours of the scheduled departure.
  • 75% of the total estimated charter cost will be levied if the flight is cancelled within 48 to 24 hours of the scheduled departure.
  • 100% of the total estimated charter cost will be levied if the flight is cancelled within 24 hours of the scheduled departure.
  • For any delay, not will fully cause by “Genie Talk Pvt Ltd”, (intimated less than 24 hours from ‘scheduled departure’) feasibility will be reconfirmed keeping in mind the operational hours of the airports and the other prior commitments on the aircraft (this is primarily because ‘Flight Duty Limitations’ may apply on the crew). Failing which the flight would be termed as ‘a last-minute cancellation’ - and the 100% cancellation clause would apply.
  • Any changes/modification of ‘flight program’, requested by the customer after commencement of the ‘flight program’ and if the same cannot be executed due to operational reasons/lapse of relevant permissions in flight sectors will be termed as ‘a last-minute cancellation’ - and the cancellation clause of 100% would apply.
  • If due to sudden deterioration of weather en-route/destination, the aircraft cannot land at the Destination OR diverted due to defense services activity AND has to return to the starting point or divert to some other airport, the actual flying time and any other additional charges due to the diversion would be chargeable and balance if any, would be payable / refundable.
  • The above quote is only indicative and any extra flying on account of diversions due to Air Traffic Control; extra fueling halt on account of aircraft performance due to weight, altitude, temperature and range limitations will be billed at actuals, after the flight is conducted in the Final Invoice.
  • We do not serve alcoholic beverages (for flights within India) & smoking is not allowed on-board.
  • Force Majeure: Genie Talk Pvt Ltd cannot be held responsible for non-operation of charter for any unforeseen reason/s such as Bad Weather, Poor Visibility, Non – Availability of clearances from ATC / Defense Authorities / Civil Administration.
  • Declaration: While we endeavor to provide the Aircraft, we should not be held responsible for any cancellations / delay in commencement or continuation of the flight, due to technical snags or any other reasons beyond our control. We also reserve the right to deviate from the route of journey / alter the stopping place / decide on the number of passengers / decide on the acceptable baggage / take any necessary decision / change the type of Aircraft, if the circumstances so demand, in the best interest of our passengers.

Cancellation & Refund Policy

Last updated in Aug 2022

Cancellation

Bookings made by the Customer (s) may be confirmed (“Confirmed Booking”) once OGenie receives payment towards such booking and issues a valid confirmation number. Users can cancel the booking once the transaction is complete.

Every transaction done on OGenie App is subject to cancellation charges as provided by the third-party vendors which may vary.

Cancellation policies for COVID based scenarios -
  • No airlines cancellation fee or OGenie fee will be charged for cancellation if the airline cancels the flight.
  • Customers will not be eligible for a refund if the airline has issued a credit shell against the cancelled booking/flight service.
  • OGenie convenience fee is non-refundable in case of cancellation.
  • We suggest making all cancellation/modification requests before 12 hours prior to flight departure in case of domestic flights. For International, please report any changes before 48 hours of departure.
  • Airline rules and regulations are subject to change without prior notice and at their discretion. We also request you to please keep a check with the relevant airline as well, before raising any such requests.

You can cancel any booking by,

Online cancellations:
  • Cancellations can be made within the OGenie app in 'My Purchases’ section.

You could refer to the GENIE ELITE terms and conditions section in our website for information related to your ELITE membership.

Refund

User shall be entitled to refund only if:

  • The payment amount has been deducted from the User's Debit Card/ Account/ Credit Card, yet the user fail to receive a valid service/product as requested by the User on the App.
  • The transaction for which the refund is requested, or any other activity by the user on the OGenie App, does not violate any of our terms and conditions.
  • In case the service/ product paid for has not been received by the User then the User is requested to raise a complaint on the Application. On receiving such Complaint, the matter shall be examined by the support team and then a full or partial refund (as applicable in the scenario) shall be made to the User.
  • Our decision on refunds shall be at our sole discretion and would be final and binding.
  • The refund will be initiated and may take up to 10 working days to reflect on the User’s account.
  • The refund amount is subjected to the Third-party Vendor/ Merchant’s refund policy.
  • In case the Merchant’s policy doesn’t have a refund for a particular product/service, OGenie is not liable to pay if you wish to cancel the product/ service.
  • All promo/special costs & OGenie convenience fee are restrictive and are non-refundable. Certain promo/special costs do not permit changes to the service/product. Kindly check restrictions while booking. Under all promo/special costs, limited inventory is available on selected product/service on a first-come, first-served basis. OGenie or its service providers reserves the right to withdraw and/or amend the promo/special costs without any prior notice.
  • OGenie should not be held liable for any loss or damages arising out of force Majeure events. We reserve the sole right to cancel any order in circumstances of failure due to reasons beyond our control or attributable to the Vendor/ Merchant.

100% Refundable Terms & Conditions

Last updated in Aug 2022
  • 100% refund on travel booking(s) is provided with hassle-free processing in 5 easy steps:

    Go to OGenie app -> Purchases -> Select Flight -> Cancel Ticket -> Fill Up Refund Application
  • Genie Pro users will be charged a 5% refundable booking fee of the total ticket amount.
  • Refundable Booking is applicable on the total transaction amount irrespective of the number of travellers.
    Without any cap limit.
  • Users can claim for the refund by filling up the Refund Application form upto 30 days after the travel date.
  • Refundable Booking Policy needs to be exclusively selected while booking the flight ticket. So the user can claim full refund against that booking only post cancellation.
  • Document needs to be attached with the Refund Application Form as an evidence of the reasons stated on OGenie’s Platform for cancellations of travel and subsequently for attaining full refunds.
  • OGenie will refund the ticket amount for cancelled trips within 5 working days to the user’s bank account after the cancellation process is initiated and it is conditionally on the approval of the evidence provided and verified.

Privacy Policy

Last updated in Aug 2022

Introduction

At OGenie, we value your trust and respect your privacy. We are committed to the protection of the personal information provided by you to us. This privacy policy ("Privacy Policy") provides you with details about the manner your data is collected, stored, disclosed and used by us. Please note that the Privacy Policy shall apply regardless of whether you use a computer, mobile phone, tablet, television, or other devices to access our Services. It is important that you read the Privacy Policy before you use our Services and consent to the practices we describe in our Privacy Policy. All users of the Platform are advised to read this Privacy Policy carefully.  If you do not agree to the terms of this Privacy Policy, please refrain from using the Platform. When you browse through the Platform and/or avail the Services, you agree to be bound by this Privacy Policy. We ensure compliance with applicable laws by periodically updating this Privacy Policy. Hence, you are strongly advised to read this policy carefully from time to time.

Regulatory Framework Scope & Applicability

This Privacy Policy is published in compliance with, inter alia: (i) the Information Technology Act, 2000; (ii) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("Data Security Rules"); and (iii) Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your information including, your personal information. This Privacy Policy applies to personal information collected by us in connection with the Services. This includes information collected offline through our customer engagement centres, direct marketing campaigns, marketing and advertising practices and online through our Platforms, mobile applications, services, tools and branded pages on third-party platforms and applications accessed or used through such Platforms or third-party platforms ("Company Sites") regardless of how you access or use them.

This Privacy Policy also applies to our targeted content, including offers and advertisements for Services, which we (or a service provider acting on our behalf) may send to you on third party Platforms, platforms and applications ("Third-Party Sites"). These Third-Party Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Third-Party Sites.

This Privacy Policy is hereby incorporated into and forms part of the Terms and Conditions available. Capitalized terms used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms and Conditions.

This Privacy Policy states the following: (i) the type of information collected from the Users, including Personal Information (as defined below) and Sensitive Personal Data or Information (as defined below); (ii) the purpose, means and modes of collection, usage, processing, retention and destruction of such information; and (iii) how and to whom we will disclose such information.

The information collected from you by OGenie may constitute 'personal information' or 'sensitive personal data or information' as defined under the Data Security Rules. "Personal Information" is defined under the Data Security Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. The Data Security Rules further define "Sensitive Personal Data or Information" of a person to mean such personal information about that person which consists of information relating to: (i) passwords; (ii) financial information such as bank accounts, credit and debit card details or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing services; and (viii) any of the information received under the above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

Company may offer you the ability to connect with the Services using a mobile device, either through a mobile application or via a mobile optimized Platform. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

The Platform and our Services are designed and intended for use by adults. If you are a minor, please do not share your personal data or information. If we discover that we have collected information from a minor, we will delete that information as soon as possible. In no event shall the Company be liable for any information provided by a minor. We may use your personal information to carry out age verification checks and enforce any age restrictions applicable to the Account.

The general provisions as outlined in the Terms and Conditions shall be applicable to this Privacy Policy as well.

Your Consent

You specifically accept this Privacy Policy when you access and/or use the Platform, the Services and the Company Sites.

By accessing, browsing and/or using the Platform, the Services and the Company Sites, you are specifically consenting to OGenie collecting, using, storing, sharing and disclosing your personal information in accordance with this Privacy Policy. If you do not agree to the collection, use, storage, sharing and disclosure of your personal information in this way, please do not use the Platform, the Services and the Company Sites or otherwise provide us with your personal information.

You acknowledge that this Privacy Policy is a part of the Terms and Conditions of the Company Sites and the Services, and you unconditionally agree that becoming a user of the Company Sites and its Services signifies your: (i) assent to this Privacy Policy, and (ii) consent to us collecting, storing, processing and/or disclosing your Personal Information and Sensitive Personal Data or Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Company Sites and use of the Services is subject to your unconditional acceptance of this Privacy Policy and the Terms and Conditions.

The collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information under the Data Security Rules require your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure in accordance with this Privacy Policy.

The Platform uses artificial intelligence programmed to learn your behavioural patterns to personalize and/or improve the Services or suggest Products to you. We do not use such automatically generated data for any other purpose other than as mentioned in this Privacy Policy. You hereby give us express consent to use such data in accordance with the terms of this Privacy Policy and our Terms and Conditions.

Collection Of Personal Information

OGenie works on artificial intelligence chatbots that are suggestive, predictive and personalized and for this unique feature, the application requires to collect as much as information such as personal information, behaviour pattern, certain choices and preferences in terms of products and services which makes OGenie capable of executing various transactions using the tie-ups with third-Party Providers.

When you access or use the Platform, the Services and the Company Sites, we collect information about you through various means as described below:

Information provided by the User
  • When you create an Account with OGenie, purchase a Product, download a software update, [register for a class at an OGenie store], contact us (through call, text, email or any other mode) or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, nickname, website, company/title, contact, demographic information such as gender, age, occupation, household income and zip code, personal calendar, credit/debit card information, login information for Facebook, and Gmail account. Similarly, we may also collect the information of your family and friends when you share your content with the intention to use this information to satisfy your request and provide you with a better range of products and services. OGenie, may from time to time, access your contact list and/or SMS data on your mobile device to collect, use your contact list or SMS data in accordance with this Privacy Policy with the sole purpose of providing a personalized experience on the Platform. We may also require you to share your Government-issued ID (such as Aadhaar card number, PAN number, etc.) in case any circumstances complying under application of the law.
Information collected from the use of our Services
  • In addition to the information you provide, we may collect information about your use of our Services through software on your device and other means, which includes access to information which our application will require you to provide including but not limited to access to location, access to the communication information, access to your log information, access to your voice information (while your use of our Platform).
  • When you browse through our Platform, we may collect information regarding the domain and host from which you access the internet, the Internet Protocol (IP) address of the computer or Internet service provider (ISP) you are using, and anonymous site statistical data.
  • Some of our mobile Services may collect your unique mobile device identifiers including but not limited to IMEI, subscriber identity information, network service provider-specific identifiers, network settings and other such information.
  • The permissions to access such information can be obtained from the user from time to time in accordance with the Service requested by the user. For instance, location information (precise location data) can be collected, used, and shared, including the real-time geographic location of your device in order to provide you with enhanced location-based service.
  • It is important to note that GenieTalk Private Limited will be authorized to store your credit card information in an encrypted format once the company is PCI-DSS certified. The Customer’s credit card details shall continue to reside in GenieTalk Platform.
  • GenieTalk shall not be liable or responsible, should any confidential or other information provided by or pertaining to the Customer (including credit card numbers, passwords, personal identification numbers, IDs, transaction details, etc.) be intercepted or altered and subsequently used by an unintended recipient.
Information from Third-party Source
  • We may obtain information regarding the users through the public and commercial sources (sources which are permitted under the law) along with information from third-party social networking services when you select to connect with those services. Example of information we might receive from other sources are IP address, websites visited, the advertisements on those websites and the searches performed using such engines along with their results.

Cookies

  • A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. OGenie uses cookie and tracking technology depending on the features offered. Cookies can remember your sign-in credentials for further reference.
  • Cookies help us and third parties to understand the most popular parts of the Services, the ads you have watched in order to avoid repetition and to provide you with relevant content and advertising by collecting information about your use of our Platform, the Services, other websites and apps. Through this kind of information, we are better able to adapt the Services and provide you with a better experience.
  • No personal information will be collected via cookies and other tracking technology; however, if you previously provided personal identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
  • You can configure your browser to accept or reject all or some cookies. However, some services may be designed to work using the cookies and that disabling cookie may affect your ability to use those services.

Beacons

OGenie may accompany third parties in the use of technologies known as beacons (or pixels) which enables OGenie to collect information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or particular email, message, and also determine the time and date on which you viewed the beacon and the IP address of your device. This technology is used for various purposes along with analyzing the use of our Services and offering content and advertisements which are relevant to the user's lifestyle.

Use Of Information

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information:

  • to set-up your account and register you in order to provide you with a large range of products and services assistance;
  • to enable you to access the Platform and use the Services;
  • for the provision of seamless and efficient Services to you, customised in accordance with User preference, i.e. for performing our obligations towards you;
  • to provide you with services and products which you explicitly requested for;
  • for business management, accounting and auditing purposes;
  • to verify your identity;
  • to provide you with the necessary details pertaining to your Account and your license to use the Services, including, sending notifications for termination of the contract;
  • to accept payments from you for using the Services, and to process and complete your transactions on the Platform and to send you related information, including purchase confirmation and invoices;
  • to send transactional communications, including responses to your comments, questions and requests;
  • to contact you, through voice call, text messages, or emails, as authorised by you, under the Terms and Conditions;
  • to send you offers based on your previously ordered products and services;
  • to inform you about offers, products, services and updates;
  • to do such activities for which you have explicitly given us consent;
  • to comply with applicable laws, rules and regulations, as updated from time to time;
  • to detect, prevent or remedy any breach of the Terms and Conditions;
  • to create, develop, operate, deliver, and improve our products, services, content and advertising;
  • to comply with applicable security standards and to prevent money laundering and/or fraud or any attempt thereof;
  • to protect you from loss and fraudulent activities;
  • to protect the public interest or for official purposes, if formally requested by any investigative or other governmental authority;
  • in customising the Services which results in a better experience, and for an appropriate response to the instruction, requests and queries;
  • to resolve disputes, troubleshoot concerns and help promote safe Services;
  • to measure consumer interest in our Services;
  • to send important notices, such as communications about purchases, software update and changes to our terms, conditions and policies;
  • to keep you informed with the latest product announcement, upcoming events, and other promotional offers;
  • to help detect and protect against error, fraud and other criminal activity;
  • to deal with legal disputes, if any;
  • to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems; to help us study and track the purpose and manner the users prefer to use our Services and update our Services and operate, evaluate and improve our business;
  • to perform research, business and/or operational analysis;
  • to track user activity and behaviour pattern on the Platform;
  • to generate internal reports about our user base and service usage patterns, analyse the accuracy, effectiveness and popularity of the Services; and
  • for internal purposes like auditing and data analyses for business development.

DISCLOSURE

The personal information which you disclose to OGenie is not shared unless it is required in order to provide you with certain requested Services. However, we may disclose your information for the following purposes:

  • Processing of Transactions: We share information, including personal information, with our officers, employees, consultants, agents, representatives, subcontractors, service providers and business partners to enable them to undertake, perform and deliver the Services purchased by you.
  • Affiliates: OGenie may disclose personal information to its Affiliates for better functioning and providing a more satisfactory experience.
  • Business Partners: We may share your information with business partners, including wireless carriers. These entities may use your information to provide you with services you request, make predictions about your interests and may provide you with promotional material, advertisements and other materials. OGenie shall not be held liable for any acts or omissions committed by any of its business partners.
  • Service Providers: OGenie may share the information with the companies/entities that provide services for or on behalf of OGenie. This includes the companies/entities who provide services such as information processing, extending credits, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing your interest in our Products and Services and conducting customer research or satisfaction surveys.
  • Third Parties: OGenie may disclose a user's information to a third party for performance for various duties regarding the services to be provided. In certain cases, the third party may obtain such information directly from your device. OGenie shall not be held liable for these third-party providers' privacy or security practices. The privacy and security practices of the relevant providers, including details on the information they receive from us or collect about you, are subject to the privacy statements of these parties, which we strongly suggest you to review.
  • Publishers and Advertisers: We may share the information with our publishers and advertisers to aid in their understanding of how Users are using our apps and engaging with ads.
  • Compliance with Laws and Law Enforcement Requests & Protection of our Rights: We may also share your data with third parties where we believe in good faith that such disclosure is necessary to comply with any applicable law or to comply with legal processes and to respond to requests from public and government authorities, including public and government authorities outside your country of residence, to prevent imminent physical harm or financial loss, to enforce our Terms and Conditions, including to meet national security or law enforcement requirements. We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions, or as otherwise required by law. We may also share your information in situations involving potential threats to the physical safety of any person, violations of this Privacy Policy or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of the Company, our employees, users, or the public and obtaining your consent is difficult. We, at our sole discretion, shall have the right to disclose your personal information to third parties, in the event we believe it to be necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or any other unlawful activity.
  • Other parties: OGenie may share information to such other parties in cases where it is imperative to share in order to protect our Services, when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss.
  • Business Transaction: We may share your information in connection with any corporate restructuring, including a merger, demerger, amalgamation, reorganisation, sale of some or all of OGenie's assets, a change in control transaction or a financing or acquisition of all or a portion of our business by another company.
  • Consented parties: We may disclose your information to a third party when you consent to or request such sharing.
  • Express Consent: We may share your information in any other circumstances where we have your express consent.

Links To Third Party Sites And Services

The Platform may contain links to third-party Platforms, including but not limited to, the payment gateway, e-commerce Platforms, Third Party Providers, marketing platforms and social media services. Your use of these features may result in the collection, processing, use, storage or sharing of information about you, including your personal information, by these Platforms, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other platforms or services that may be linked to our Services. We do not endorse or make any representations about third-party platforms or services. The information you choose to provide to or that is collected by these third parties is not covered by our Privacy Policy. We shall, at no time, be liable for any unauthorised use of your personal information by these third-party platforms. We strongly encourage you to read such third parties' privacy policies.

Accessing Your Information

You may, under applicable law, have the right to access, correct, update or delete the personal information OGenie holds about you. In order to exercise your rights, to the extent permitted and required of OGenie under applicable law, please contact us.

You can help ensure that your contact information and preferences are accurate, complete and up to date by logging into your account and go to setting option on your mobile application. If you desire to have access of your information while your use of the Platform, in certain cases you may be required to answer certain security questions. Such practice is done only to ensure that no one has unauthorized access to your information.

Under the laws for some jurisdictions, you may have the right to request details about the information we collect and to correct inaccuracies in your information. Any further statutory user rights remain unaffected. If permitted by law, we may charge you a small fee for providing with this ability. We may decline requests that are unreasonably repetitive, require disproportionate technical efforts, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local laws.

For any questions or comments that you have about this Privacy Policy or any practices of the Platform and you would like to update or verify any personal information that we already have then please use your login account details or perform the activities or contact us.

Information Security

We take appropriate security measures to protect against unauthorized access, unauthorized alteration, disclosure, destruction of data. We strive to attain the same by an internal review of data collection, storage and processing practices and other security measures, including appropriate encryption and physical security measures to guard against unauthorized access to the system where we store your personal data.

All the information that we gather about you is securely stored within our controlled database. Your personal data and information are maintained by OGenie in electronic form on its equipment, and on the equipment of its employees, agents, representatives and sub-contractors. Such information may also be converted to physical form time to time. The database is protected by a multi-layer security system, which strives to ensure the security and privacy of your personal information against unauthorized access or unauthorized alteration, disclosure or destruction. However, no matter how effective our security measures are, no security system is impenetrable.

Please note your access to the Platform or the Services will be through a secured OTP sent to your registered mobile number. Please do not share your OTP with anyone. Genie Talk shall not be held liable for any fraudulent activities in such cases.

Data retention, Deleting Your Information & Opting Out

We respect your communication preferences, if you no longer wish to receive notifications via our Platform, you can adjust your preferences. If you prefer not to receive ads that are tailored to your interests, you can opt-out by writing to us at [email protected] at any time.

OGenie may use your information to contact you in the future to inform you about the Services OGenie believes will be of interest to you. If OGenie does so, each communication it sends to you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or wish to have your name deleted from our mailing lists, please contact us at [email protected].

If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at [email protected].

Due to the nature of the Services, and the restricted access to our Platform, the only way for you to opt-out of sharing your personal information with us which are essential for providing the Services is by deactivating your Account. If you wish to cancel your account or request that we no longer use your information to provide you services contact us. Upon deletion of your Account, OGenie shall, at its earliest, stop sharing your personal information in accordance with this Privacy Policy. Any personal information shared before such deactivation shall be governed by this Privacy Policy. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytical purposes. Please note that your withdrawal of consent or cancellation of account may result in OGenie being unable to provide you with its Services or to terminate any existing relationship OGenie may have with you.

OGenie may, at any time, delete your information, including but not limited to, your personal information, without any prior notice to you. Upon the expiry of your license to use the Services or deactivation and/or termination of your Account, OGenie shall have the right to, immediately and permanently, delete all stored messages, emails, contents and all other records of your Account without any notice.

Except to the extent provided herein, we will destroy your personal information upon the fulfilment of its purpose. We may, however, retain your personal information for: (i) accounting purposes for such time period as is prescribed under applicable law; (ii) for legal purposes till the completion of statutory limitation for bringing any suit, if any; (iii) to resolve disputes; and (iv) to enforce agreements.

Compliance and Cooperation with Regulatory Authorities

We regularly review our compliance with the Privacy Policy. The services which we provide at OGenie are in compliance with the Payment Card Industry Data Security Standard (PCI DSS) and Secure Sockets Layers (SSL). When we receive formal written complaints, we will contact the person who made the complaint to follow up. OGenie works with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Children's And Minor's Privacy

The Platform and our Services are designed and intended for use by adults. If we discover that we have collected information from a minor, we will delete that information as soon as possible.

We strongly encourage parents and guardians to supervise the online activities of their minors to help provide a child-friendly online environment and prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Services are not intended for use by minors, we respect the privacy of minors who may inadvertently use the internet or the mobile application.

Disclaimer

We shall not be liable for disclosure of your username and password and you shall be solely responsible for protecting your username and password, at all times. You shall choose your password carefully and shall not use other User's username and password to log in to the Platform at any point in time. You shall be solely liable for any unauthorised use of the Platform through your Account. In the event of such unauthorised usage, you shall notify us immediately and reset your password accordingly.

While we give utmost importance to protecting User data, we cannot ensure that all your personal information (including sensitive information) will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private. As a User of the Platform, you understand and agree that you assume all responsibility and risk for your use of the Platform, the internet generally, and the documents you post or access and for your conduct on and off the Platform.

There is no absolute security of the transmission over the internet or any electronic storage and we try our best to use technological means to protect and secure your personal identifiable information, however we cannot guarantee and also you cannot expect that there will be immunity from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse.

Notwithstanding anything contained herein, OGenie shall not be responsible for the confidentiality, security or distribution of your personal information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, OGenie shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of OGenie including but not limited to computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the user or other force majeure events.

Contact Us At

Should you have questions about this Privacy Policy or our information collection, use and disclosure practices, or if you would like to make a complaint about a possible breach of local privacy laws, you may contact the Grievance Officer appointed by OGenie in accordance with the provisions of the Data Security Rules. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the Grievance Officer mentioned below:

Registered Address: OGenie Pvt. Ltd., Technopark, 74/II, "C" Cross Road, Opp Gate No 2, Seepz, Andheri East, Mumbai, Maharashtra-400093

Email: [email protected]

Contact Number: +91 778-006-6666