This is an agreement between you ("you" or "your") and Genhap Global Services Private Limited (“Company, Genhap, The Company, us, our”), a company registered under the Companies Act 2013 with its registered office and corporate office at 233, Opp Sunny Trade Centre, New Aatish Market , Sanganer Jaipur- 302020,that governs your use of the search services offered by Genhap through its Website/App and / or other virtual medium, telephone search, SMS, WAP, APP or any other medium using which Company may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms, T&C").
This document is an electronic record in accordance of provisions of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended time to time by the legislature in the Information Technology Act, 2000 or made any enactment. This electronic record is generated by a computer system anddoes not require any physical or digital signatures. By registering at Our Site/App App as a Merchant and usingthe Services, You shall be contracting with Genhap Global Services Private Limited. You agree to be bound by the T&Cs and allpolicies and guidelines of the Site are herein incorporated by reference.
These Terms of Use ("Agreement") describe the terms and conditions applicable to your access and use of the Website/App www.genhap.com(the "Site") and Application. Please ensure that you (referred to as the "User", "you" or "your") read these TERMS AND CONDITIONS OF USE with care as they govern your use of and access to this Website/App (also referred to as "Site").
Your use of the Sites and Genhap’s services is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Sites that companymay publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”.
BY ACCESSING THE SITE/APP APP OR USING THE SERVICES, YOU AGREE TO ACCEPT AND BE BOUND BY THE TERMS. PLEASE DO NOT USE THE SERVICES OR THE SITES IF YOU DO NOT ACCEPT ALL THE TERMS. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS & CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
We expressly reserve the right to change these Terms & Conditions of Use from time to time without any further notice to you. You acknowledge and agree that it is your responsibility to review this site/App and these Terms of Use from time to time and to familiarize yourself with any modifications/ amendments. We also reserve the sole right to either modify or discontinue the site, including any of the sites features, at any time with or without any notice to you. We will not be liable to you or any third party while exercising such right. Any new features that augment or enhance the current services on this site shall also be subject to these Terms & Conditions of Use.
Genhap is not responsible of the manner in which you use the information published on our Website/App, while we continuously strive to maintain the quality, safety and accuracy levels of all information on Genhap.We do not provide any guarantee about the person with whom you are connecting/sharing/discussing/meeting/dating/ for your purposes. Please use your best practices / way/ knowledge/ mind to find out the best person/ post /deal/ option for you and for your purpose. We do not provide any guarantee or warranty about the completeness, accuracy, punctuality or suitability of the same. By using our resources, you are acknowledging that there can be errors/inaccuracies in the content provided by other users. Genhap, however, cannot be held liable for such errors.
In case of a dispute that may arise between the users (service provider/service receiver/seller/buyer/vendor /customer) in respect to the payment/transaction and, there remains no scope for mutual resolution or amicable settlement, then the disputed amount parked with " Genhap shall be transferred in the account of Genhap Global Services Private Limited if payment made by using Genhap’s payment gateway otherwise we are not responsible for any monetary transactions happened between users . We are only the platform who are connecting the people for their need/interest/purpose.
Further,Genhap shall try to meditate/conciliate the dispute between the users and release the payment post settlement.
Genhapshall not be liable to pay any interest for the disputed amount for the period it is parked in its account.
The terms in these T&C shall be defined as below:
No Individual / organization shallbe eligible to be registered as user/ merchant, if:
While you can scroll through the Platform without registering with us but a registered user can use/avail the services/products of website /application. To become a registered User(s) of the Website/App a proper procedure has been made available on the Website/App which is for the convenience of User(s) so that they can easily use the Website/App.
User(s) can become registered User(s) by filling an on-line registration form on the Website/App by providing the required information (including name, contact information, details of User(s) business, interest, profession etc.). Genhap will establish an account ("Account") for the User(s) upon successful registration. Company may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account.User may also link his phone number with his Genhap’s Account. We may use your phone number or any other mode to verify your account.
User(s) registering on the Website/App on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to Genhap, during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the Website/App, they consent to the inclusion of their personal data in Genhap’s on-line database and authorize Genhap to share such information with other User(s) when required for better services after considering the sensitivity of information. Genhap may refuse registration of any User(s) for whatever reason. Further, Genhap may suspend or terminate a registered membership at any time without any prior notification of the interest of the company or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on Genhap of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Website/App are in no manner a part of or affiliated toGenhap.
User(s) further agree and consent to be contacted by Genhap through phone calls, SMS notifications or any other means of communication, in respect to the services provided by company even if contact number(s) provided to company upon registration are on Do Not Call Registry.
This Agreement applies to any person who accesses or uses the Website/App for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Website/App, under actual or apparent authority. User(s) may use this Website/App solely for their commercial/business/personal/same interest/post/opinion purposes.
This Agreement applies to all services offered on the Website/App and by Company, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Website/App. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Website/App, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
Genhap reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Website/App. If you do not agree to such provisions, you must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify your acceptance of the amended provisions of the Agreement.
Genhap is the sole owner and the lawful licensee of all the rights to the Website/App and its content("Website/App Content"). Website/App Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Website/App. The Website/App Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Website/App and the Website/App Content shall remain in Genhap, its affiliates or licensor’s of the Website/App content, as the case may be.
All rights, not otherwise claimed under this Agreement by Genhap, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website/App or any offer displayed on or in connection with any service offered on the Website/App ("Website/App Information")is intended, solely to provide general information for the personal use of the User(s), who fully accept and all responsibility and liabilities arising from and out of the use of such Information. Genhap does not represent, warrant or endorse in any manner the accuracy or reliability of Website/Appinformation, or the quality of any products and/or services obtained by the User(s) as a result of any Website/AppInformation.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical, personal and business judgment of the User(s). In no event shall Genhap be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Genhap’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. Genhap respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. Genhap reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion ofthe Information.
During your connection/interaction/discussion with other users on the Genhap Platform, you agree to follow the following terms always:
We endeavour to preserve the sanctity of the Platform and we strive to ensure that the User Content posted on the Platform is not harmful to our community, or contrary to law. Without limiting the generality of the foregoing, the following is an indicative list of the types of User Content that the Company deems to be inappropriate:
If you know or have reasons to believe that the security of your Genhap’s Account has been breached, you should report it on our Platform or contact our grievance officer immediately as per the contact information provided in Section 16 (Grievance Officer). If we find a security breach or suspected security breach of your Genhap’s Account, we may require you to change your password, and/or temporarily or permanently block your Genhap Account without us incurring any liability.
a) We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Platform.
b) You do not have any permission to download, copy, install, reverse-engineer or use the Platform, or information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform and prevent your future access to the Platform.
You agree and undertake that by using the Platform you shall not engage in or encourage or assist others to:
If you do or attempt any of the acts listed in Clause 9.1 and 12.1, in relation to the Platform, we may, in our sole discretion, take the following actions to protect ourselves and our community and also to comply with the applicable laws –
User must be registered on the Sites to access our Services. Except with Genhap’s approval, one User may only register one member account on the Site. Genhap may cancel or terminate a User’s account if Company has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Genhap may reject User’s application for registration for any reason. The information provided by you while availing the Services on the Website/App is subject to Privacy Policy of the Company displayed on the Website/App. The Company reserves the right to use, store, evaluate, analyze, verify, and authenticate the information and data provided by the User. User may be required to provide KYC information/details to the Company, such as electronic copies of identity proof, address proof and any other such document. You agree that you shall only use accounts owned by you, and not by any other person or entity. 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 the Terms of Service, We shall have the right to indefinitely suspend or terminate your account and refuse to provide You with access to the Website/App. In the event, if any discrepancy is found, in case any of the information provided by the User, for example, registration information provided does not match with the adjoining documents, such mismatch shall lead to the rejection/deactivation/termination of the registration. You acknowledge that we have the right to disclose the information (if required) provided by you to the law enforcement authorities whether or not for any investigation purposes. Genhap is committed to anti money laundering compliance in accordance with applicable laws and shall always prevent the use of products and services for money laundering, terror financing and other criminal activities.
a) To register as Vendor, You must provide your name, valid and functional e-mail addressand phone number (“Registration Data”).
b) The Registration Data provided by you must be accurate, correct, current and true. We shallbear no liability for false, old or incorrect Registration Data provided by you. Further, you shall be liable to indemnify us against all damages, liabilities, costs and expenses that may be suffered orincurred by us as a consequence of inaccurate information provided to us by you.
c) You shall be solely responsible for maintaining the confidentiality of Your ID and Password and You shall be responsible for all activities that occur under Your ID and Password. We shall not be liable for any claims, damages, liabilities that may be suffered by you as a consequence of unauthorized use of your account.
d) You hereby expressly consent to receive communications from us through your registered phone number and/or e-mail id.
e) By registering for a Merchant Account, You agree to the following:
f) Upon execution of Merchant Agreement, you will become a Merchant and will be entitled to services subject to these T&Cs and the Merchant Agreement.
In the event of any inconsistency or conflict between these T&Cs and the provisions of Merchant Agreement, the provisions of the Merchant Agreement will prevail to the extent of the inconsistency or conflict.
Merchant agrees that from time to time it shall be responsible for providing information relating to the Services proposed to be sold by the Merchant. In this connection, the Merchant undertakes that all such information shall be accurate in all respects. The Merchant shall not exaggerate or over emphasize the attributes of the Services.
a) Merchant shall be liable to offer the discount/offers/special deals, by whatever name called, to the Genhap registered customers, which is publicly displayed at www.genhap.com &Mobile Application
b) Initially, all discount/offers/special deals will be valid for specific period(as decided at the time of listing)and vendors can update the same from Dash board, which will be displayed on Website/App with the confirmation from Genhap within 24 Hours.
c) In case, vendor fails to update the offers on time, by any reason, and customer availed the offer from GenhapWebsite/App or through app or by any other way, merchant shall be liable to given the offer to the customers. However, Merchant can give extra benefit from the benefit listed at Website/App or application at the time of availing offer but not less than what is displayed on web/App.
d) Merchant will ensure to verify the Genhap members to offer extra benefits.
e) Merchant can change the rates of discount/offers/deals anytime from the vendor dashboard. Merchant may send the said changes to Genhap to update on the Website/App. Save as otherwise provided merchant shall provide the same offers to the customerstill the latest offers update on the Website/App.
f) The Merchant agrees that from time to time it shall be responsible for providing information relating to the Services proposed to be sold by them. In this connection, the Merchant undertakes that all such information shall be accurate in all respects. The Merchant shall not exaggerate or over emphasize the attributes of the Services.
g) Genhap shall not be responsible for volume of sales/customer footfall at merchant outlet.
h) Marchant can apply to register themselves free on web / App for their listing, which shall be live with the approval of Genhap Team.
i) Genhap reserves the right to refuse to activate the Vendor feature, to terminate the Vendor feature, and to remove content made available through the Vendor account at his will.
j) Genhap reserves the right to introduce and subsequently increase and/or decrease a fee for listing.
k) Genhap also reserves the right to introduce and subsequently increase and/or decrease the service fee or others, for operating the Marketplace.
l) Genhap shall notify the Vendor of such changes as provided above 30 days prior to such changes entering into force.
m) Continuoususes of the Marketplace for 30 days of posting of changes, as provided above, constitutes your binding acceptance of such changes.
n) Customized packages available for the vendors as per their requirement for their business promotions. To avail the facility, merchant may contact toGenhapTeam or he can promote himself by giving advertisement on our website/app by choosing multiple options available on our website/App itself
o) Amount paid for advertising will be non refundable except on the discretion of Genhap.
p) Flat discounts will be in MRP, not on negotiated price.
q) In case of discontinuation of services with us, vendors have toinform to Genhap in advance & till the time of delisting vendor has to offer the discounts/deals to members. Team will delist the vendor within 7 days after information from vendor.
r) Service provider/Merchant can change the information/details by accessing his admin panel. They can promote themselves by updating their information on the specific page provided to them.
s) Genhap can discontinue/ terminate the pages/promotions on his discretion. Genhap will not be liable for any loss arising from this act.
The Company, at its sole discretion, reserves the right to modify the commission/fee/membership amount from time to time. Seller/Payee/Payer/Buyer (“User”) shall bear and be responsible for any applicable central, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use tax, value added taxes, GST). All payments can be done online.
Customer may pay online, offline or by any other mode as decided by the team Genhap
Genhap is reliant on third parties such as Merchant/service providers/other users to deliver timely information. Since,Genhap cannot control the actions of such third parties; Genhap will not be responsible to renderServices or process payments or refunds on the following days ("Non-Working Days"):
Users of the website/application shall be liable to offer the discount / offers / Special Deals/benefits/information to Genhap’s Registered Customers, which shall be published at Website/App of the company. All the offers shall be valid for a certain period which can be withdrawn by the users without the prior approval of Genhap. Although Genhap will try gradually to control over this withdrawn so that user cannot withdrawn the same without informing Genhap.
In case any alteration/ changes/ variation in the offer/ rates/ discount/ deal provided by merchant shall be updated with prior approval with Team Genhap only.
Merchant agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person’s use of the Site.
The Merchant shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about Genhap, the brand name or domain name used by GENHAP otherwise engage in any conduct or action that might tarnish the image or reputation of GENHAP or otherwise tarnish or dilute any trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by GENHAP. The Merchant agrees that the Merchant will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, networks, or any systems or networks connected to GENHAP.
Merchant can’t make Genhap responsible for volume of sales/customer footfall at his/her outlet.
Since,Genhap provides information directory services through various mediums (SMS, WAP, E-Mail, Website/App , APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the Genhap services and also about the Advertiser's listed at Genhap is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Genhap and any materials you add to the Site or add to any mediums offered by Genhap, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). Genhap does not endorse or accept any of your Communication as representative of their views. By transmitting any public Communication to the Site, you grant Genhap an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to Genhap. You hereby waive and grant to Genhap all rights including intellectual property rights and also "moral rights" in your Communications, posted at Genhap through any of mediums of Genhap. Genhap is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also Genhap reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
Genhap has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Genhap cannot review all Communications made on and through any of the mediums of Genhap. However, Genhap reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Genhap in its sole discretion deems inappropriate, offensive or contrary to any Genhap policy, or that violate this terms:
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Genhap reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Genhap against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Genhap takes no responsibility and assumes no liability for any content posted by you or any third party on Genhap site or on any mediums of Genhap.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Genhap.
Genhap communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms ,Genhap has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damage, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions, including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms.
Genhap reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website/App on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Genhap. Users are permitted to read, print or download text, data and/or graphics from the Website/App or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website/App or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Genhap or its affiliates. Genhap does not make any representations regarding the availability and performance of its Platforms or any of the external Website/App s to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website/App or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Genhap.
Genhap and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Website/App s. We do not fully screen or investigate business listing Website/App s before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Genhap will at no point of time be responsible for the accuracy or correctness of such information. Genhap reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
Genhap also reserves the right to impose/change the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, Genhap is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
Please remember that any provider of goods or services is entitled to register with Genhap. Companydoes not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Genhap has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Genhap disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE/APP ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GENHAP DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. GENHAP DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GENHAP DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
Users using any of Genhapservice across the following mediums:
- through internet i.e.www.Genhap.com(Website/App ), Website, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Genhap.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the Bonafide of the Advertiser/s and Genhap does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Genhap .Further, Genhap is not at all responsible for any act of Advertiser/s listed at Genhap.
IN NO EVENT GENHAP SHALL BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF GENHAP ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. GENHAP DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of law’s provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Genhap. Company reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Genhap reserves the right to seek all remedies available at law and in equity for violations of these Terms.
25.1 Notices and Communication: All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice.
All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by courier, to our address: Genhap Global Services Private Limited, 233, Opp Sunny Trade Centre, New Aatish Market , Sanganer Jaipur- 302020.
25.2 Force Majeure: In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
a). All proceedings shall be conducted in English language.
b). Arbitrator in the matter shall be the person appointed by the Genhap for resolution of dispute arises between the parties.
c). The venue of Arbitration shall be in Jaipur, Rajasthan only.
