TERMS OF USE


TERMS OF USE – www.genzee.in ,  www.genzeeonline.in & mobile application

 

  1. Background

 

  • This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

  • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.genzee.in & www.genzeeonline.in (“Website”) and the mobile application "Genzee" ("Application"). For the purposes of this Terms of Use, the term Website and Application shall be collectively referred to as “Platform”.

 
  • The Platform is owned, registered and operated by “Genzee”, a sole proprietorship owned and managed by Ms. Meeta Chandra and having its place of business at #174/A, 19th Main Road, Sector 4, HSR Layout, Bangalore- 560102

 

  • These terms of usage (“Terms of Use”) govern Your use of the Platform and Services (as defined below) provided through the Platform. By using or visiting the Platform or by using any content or information provided as part of the Platform/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

 

  • For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “User” or “Customer” shall mean any natural or legal person who uses the Platform for availing the Services. The term “We”, “Us”, “Our” shall mean Genzee.

 

  • We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Platform and Your continued use of the Platform, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Platform.

 

  1. Services

 

www.genzee.in, www.genzeeonline.in  & mobile application are  e-commerce portals which allows Users to browse, select and purchase clothing  specially designed for tweens, teen and  women .

 

  1. Intellectual Property Rights

 

  • Copyright

 

  • All content included on the Portal and delivered to Users as part of the Services, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, is the property of Genzee, and is protected by the applicable intellectual property laws. The compilation of all content on this Platform is the exclusive property of Genzee. You agree not to decompile, reverse engineer or disassemble any content accessible through the Platform, not to insert any code or product or manipulate the content of the Platform in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if We, in our sole and absolute discretion, believe that You are in violation of this clause.

 

  • Genzee’s content available on or via the Platform, are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Genzee. Genzee reserves all rights, not expressly granted in and to the Platform.

 

  • Trademarks

 

www.genzee.in , www.genzeeonline.in & mobile applications are the domain of Genzee. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Genzee. The trademarks, domain names and trade dress of Genzee shall not be used in connection with any product or service that is not affiliated with Genzee, in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of Genzee; or (c) to disparage or discredit Genzee.

 

  • Warranty for Your submission to the Platform

 

  • As between You and Genzee, You own the information You provide to Genzee, and You may request its deletion at any time. Any information You submit to Us is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

 

  1. Guest User and User Account

 

  • In order to access or use the Platform, You must be 18 (eighteen) years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Platfomr if We have previously banned You from the Platform or closed Your account.

 

  • You may use the Platform and avail the Services offered by Genzee through the Platform as a guest user without having to register Yourself as specified below.

 

 

  • You may create an account and provide certain information about Yourself as required for the process of registration (“User Account”). You shall be responsible for maintaining the confidentiality of Your username, account password and You shall be responsible for any and all activities that occur in connection with Your User Account. Under no circumstances shall Genzee be liable for any loss or damage arising from Your failure to comply with this clause.

 

  • While creating Your account, You agree to provide complete and accurate information about Yourself. You may not impersonate any third party to create or use an account for anyone other than Yourself OR provide an email address other than Your own OR create multiple accounts.

 

  • You shall not allow: (a) any other person to share Your User Account; (b) any part of the Platform being cached in proxy servers and accessed by individuals who have not registered as Users of the Platform; and (c) access to the Platform through a single account and password being made available to multiple users on a network.

 

  1. Channel Subscription

 

As a condition of Your purchase, the Website requires Your permission to send You administrative and promotional emails. We will send You information regarding Your account activity and purchases, as well as updates about Our Products and promotional offers. You can opt out of Our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of Our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to You. The offers made in those promotional emails or SMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.

 

  1. Fraud and Improper Conduct

 

  • You may only access the Website for availing the Services that are offered by Genzee. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree that You will not in any way:

 

  • interfere with the ability of others to access or use the Services;

 

  • disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Platform or the Services;

 

  • claim a relationship with or to speak for any individual, business, association, institution, or other organization for which You are not authorized to claim such a relationship;

 

  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

 

  • upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with malicious, disruptive and/or destructive features;

 

  • You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Service, or obtain any services or information not intentionally made available to You by Genzee on or through the Service;

 

  • You shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's use of the Service;

 

  1. Exactness of the Products not Guaranteed

 

Genzee hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User, as quality of imagery cannot be taken a final representation. The quality of any Products, Services, information, or other material purchased or obtained by you through the Website will be as per Genzee’s standards.

 

  1. Limitation and Disclaimer of Warranty

 

  • The Platform, the Services and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.

 

For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

 

  • Genzee does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Platform or its Services.

 

  • Under no circumstances, including, but not limited to, negligence, shall Genzee be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Website, the Services or any portion thereof, by any person, including employees and contracted personnel of Genzee.

 

  • Under no circumstances, shall Genzee be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (example: payment gateway service providers, logistics service providers etc.) empanelled by Genzee for the purposes of rendering its Services.  

 

  • If You are dissatisfied or harmed by this Platform or anything related the Platform, You may terminate these Terms of Use in accordance with Clause 16 below.

 

  • Genzee does not guarantee that the Platform will function without interruption or errors in functioning. In particular, the operation of Platform may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Platform due to the above mentioned reasons, Genzee shall inform the User of the same, and Genzee disclaims all liability with respect to delay in provision of Services due to the same.

 

  1. Pricing and Payment

 

  • Prices for Products displayed on Our Platform are provided in Indian rupees. Please note that the prices, Products and Services may change at the sole discretion of Genzee.
  • Customers can make online payments for their orders by using: (i) their debit card/credit card;
  • You understand, accept and agree that the payment facility provided by Us, is neither a banking nor financial service. You further agree that, while availing any of the payment options as specified above, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) Decline of such transaction for any reason.

 

  1. Delivery

 

  • Genzee will make a maximum of 2 attempts to deliver Your order. In the event the customer is not reachable or does not accept delivery of Products in these attempts, Genzee reserves the right to cancel the order(s) at its discretion.

 

  • An estimated delivery time shall be displayed on the order summary page. Upon placing Your order, You will receive an e-mail containing a summary of the order and also the estimated delivery time to Your location.

 

  • Sometimes, the delivery of Your order may take longer than the estimated timelines due to an occurrence of a Force Majeure Event. In such an event, Genzee shall intimate You about such delay in delivery of Your order via e-mail.
  • In general , GENZEE will try to get an order delivered across India within 15 days of shipping the order, barring some of the conditions as mentioned in clause10.3

 

For the purpose of this Terms of Use, “Force Majeure Event” means, an act of God, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of Genzee, which has the effect of wholly or partially suspending the obligations hereunder of Genzee during the continuance and to the extent of such prevention, interruption or hindrance.

 

  1. Cancellation and Refund Policy

 

  • In the event, the Customer intends to cancel his/her order, he/she shall communicate  before the order is shipped by GENZEE .

 

  • Upon receipt of such request, Genzee shall send a confirmation e-mail initiating the cancellation and refund.

 

  • For payments made by the Customer through credit card or debit card, Genzee shall raise a request with its respective payment gateway service provider within 3  working days and the refund amount will be refunded to the appropriate credit card/debit card account of the Customer after deduction of service charges.

 

  • For payments made by the Customer through his/her e-wallet account, Genzee shall credit the refund amount to the e-wallet account of the Customer.

 

  • Under no circumstances shall Genzee accept a request for cancellation and refund that is received beyond the Cancellation and Refund Period.

 

  1. Return Policy

 

  • We permit returns requested by the Customer if such request is made within 10 calendar days of receiving the package (“Return  Period”).
  • GENZEE will refund any charges incurred by you in couriering the product back to GENZEE, provided that you share with Us a copy of the invoice issued by the courier company.
  • You can also request GENZEE to arrange for return pickup by choosing return order link from website.
    • You can also communicate your request for return via e-mail to orders@genzeeonline.in . Along with your request, You shall provide: (a) a short description of the issue that You have identified with the Product; and (b) attach a snapshot of the Product delivered to You (only if the Product delivered is a wrong Product or damaged Product). In the event You fail to make a request within the Return Period, the Product shall be considered sold and no further requests will be entertained. You will also provide a contact number to reach, if needed.

     

    • Once the request is sent from your end, please await an e-mail confirmation from Our end initiating the return .

     

    • If you have not requested GENZEE to arrange for return pickup, Upon receipt of Our e-mail, You may courier the package to Us at: #174/A, 19th Main Road, Sector 4, HSR Layout, Bangalore- 560102.  You will also inform Us via e-mail that the Product has been couriered from Your end along with Your order number, courier tracking details and a copy of the invoice. Once we receive the Product(s), We will take 3 business days  to do a quality check of the Product and contact You via e-mail or telephone regarding the exchange or return.

     

    • All requests for return or exchange shall be processed by Genzee within 3 business days after satisfactory completion of the quality check of the Product . Genzee shall raise a request with its respective payment gateway service provider within 3  business days and the refund amount will be refunded to the appropriate credit card/debit card account of the Customer after deduction of service charges. It can take 10 to 15 business days for the money to reflect back in your account.

     

    • While returning the Product, please ensure that:
    • The tags on the Product are intact;
    • The Product should be unwashed, unused and in an undamaged condition (not applicable if the Product delivered was damaged already); and
    • The Product should be returned along with the original packaging.

     

     

    1. Obligations of the User

     

    • You may make Your payments against the invoice issued by Genzee through online payment by using your debit card/credit card or by using the e-wallet option as specified in Clause 9 above.

     

    • In the event of a failed transaction wherein the money is debited from Your account but the same has not been credited to Genzee’s account, You may provide Genzee with the relevant transaction details to validate such transaction, following which, Genzee shall take necessary steps to track such transaction.   
    • In the event a feedback, a comment or any communication made by the User on the Website or on any social media platform (such as Facebook, Instagram etc.) made available to the User on the Website contain profanity or abusive language, Genzee shall have the right to take disciplinary action against such User which may result in indefinite suspension of the User’s account, temporary suspension of the User’s account or issue a formal warning to such User.
    • You agree to (a) immediately notify Genzee of any unauthorized use of Your account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Genzee shall not be liable for any loss or damage arising from Your failure to comply with this clause.

     

    1. User Feedback/Comments/Suggestions

     

    • We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“User Feedback”) with Us.

     

    • The User agrees and acknowledges that:

     

    • The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;

     

    • The User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law;

     

    • We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;

     

    • We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;

     

    • We are not obligated to review the User Feedback; and

     

    • We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.

     

    1. Indemnification

     

    You agree to indemnify, defend and hold harmless Genzee, and Our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of: (a) Your failure to comply with these Terms of Use; or (b) where any information You submit, email, or otherwise transmit to Us violates third party rights or applicable laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defence and in asserting any available defences.

     

    1. Termination

     

    • Genzee may terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You.

     

    • You may terminate these Terms of Use, for any or no reason, at any point in time.

     

    • In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.

     

    • You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You.

     

    1. Severability

     

    If any part of the Terms of Use for Services are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

     

    1. General

     

    Unless otherwise specified herein, these Terms of Use for Services constitute the entire agreement between you and Genzee in respect of the Services and supersedes all previous written and oral agreements between you and Genzee, if any. Genzee’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

     

    1. Governing Law and Dispute Resolution

     

    These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. The courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.

     

    1. Grievance Officer

     

    In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

    Meeta Chandra , email: meeta.chandra@genzee.in, Ph no 9686966553

     

     

     

     


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