Terms and Conditions of Use

                                                             

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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.

 

Yes Genie Dreams Private Limited a company incorporated under Companies Act, 2013 with CIN U51224HR2020PTC088434 having its registered office at SCF 129, FF, Sector 17, Panchkula, Haryana, India 134109 India is the licensed owner of the brand YES GENIE and the website www.yesgenie.com . Your use of a Yes Genie website www.yesgenie.com (hereinafter referred to as "Yes Genie/ Yes Genie website/ website") and its services and tools are governed by the following terms and conditions. If you transact on Yes Genie, you shall be subject to the policies that are applicable to the website for such transactions. By mere use of the website you shall be contracting with Yes Genie Dreams Private Limited, and these terms and conditions constitute your binding obligations.

For the purpose of these terms of use, wherever the context so require "You" shall mean any natural or legal person who has agreed to become a member of the website by providing registration data while registering on the website as registered user using the computer systems of the Yes Genie.

 

Accessing, browsing or otherwise using the website indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

 

Membership Eligibility

Use of the Yes Genie website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Yes Genie website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Yes Genie and shall not transact or use Yes Genie website. As a minor if you wish to use or transact on Yes Genie, such use or transaction may be made by your legal guardian or parents who have registered as users of the Yes Genie. Yes Genie reserves the right to terminate your membership and refuse to provide you with access to the Yes Genie if it is brought to Yes Genie's notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws

 

Your Account and Registration Obligations

 

If you use Yes Genie, you shall be responsible for maintaining the confidentiality of your user id and password and you shall be responsible for all activities that occur under your user id and password. you agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Yes Genie has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this terms of use, Yes Genie has the right to indefinitely suspend or terminate or block access of your membership with Yes Genie and refuse to provide you with access to the website.

 

Communications

When you use the website or send emails or other data, information or communication to Yes Genie, you agree and understand that you are communicating with Yes Genie through electronic records and you consent to receive communications via electronic records from Yes Genie periodically and as and when required. Yes Genie may communicate with you by email or by such other mode of communication, electronic or otherwise.

Services overview

As part of the registration process on the website, Yes Genie may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, postal code, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the website you visit/access, the links you click on the website, the number of times you access the page and any such browsing information.

 

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on Yes Genie is presented solely for the purpose of sale in India. Yes Genie makes no representation that materials in Yes Genie are appropriate or available for use in other locations/countries other than India. Those who choose to access this website from other locations/Countries other than India do so on their own initiative and Yes Genie is not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

 

License & Website access

Yes Genie grants you a limited sub-license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Yes Genie. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Yes Genie. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of Yes Genie and its affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Website’s or Yes Genie’s name or trademarks without the express written consent of Yes Genie. Any unauthorized use terminates the permission or license granted by Yes Genie.

 

Privacy

We view protection of your privacy as a very important principle. We understand clearly that you and your personal identification information is one of our most important assets. We store and process your personal identifiable information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with information technology act 2000 and rules there under. Our current privacy policy is available at www.yesgenie.com/privacypolicy. If you object to your information being transferred or used in this way please do not use Yes Genie website

 

Account & Registration Obligations

All shoppers have to register and login for placing orders on the website. You have to keep your account and registration details current and correct for communications related to your purchases from the website. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in “My Account” or by contacting the customer service.

Pricing

All the products listed on the website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Risk of loss

All items purchased from www.yesgenie.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier/courier company.

Product Description

Yes Genie tries to be as accurate as possible on behalf of its vendors. However, Yes Genie does not warrant that product description or other content of this website is accurate, complete, reliable, current, or error-free.

SERVICES

Payment

  1. While availing any of the payment method/s offered at Yes Genie, Yes Genie will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
  1. Lack of authorization for any transaction/s; or
  2. Exceeding the preset limit mutually agreed by you and between your "Bank/s"; or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s.
  1. All payments made against the purchases/services on Yes Genie by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Yes Genie does not accept any other form of currency with respect to the purchases made on Yes Genie.

Cancellation by website / Buyer

Yesgenie.com reserves the right to cancel any order without any explanation for doing so, under situation where Yes Genie .com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Yesgenie.com policy or order has invalid address/incorrect information or for any other reason. However, yesgenie.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.

You as a customer/buyer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

 

Return & Refunds

For information on return & refund policy:  (add link to Return and Refunds Policy)

Trademark, Copyright and Restriction

This website is controlled and operated by Yes Genie. All material on this website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Yes Genie or by other parties that have licensed their material to us. Material on Yes Genie website owned, operated, licensed or controlled by Yes Genie is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Copyright complaint

We at Yes Genie respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at info@yesgenie.com.

Indemnity

You shall indemnify and hold harmless Yes Genie its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of terms and conditions of use, privacy policy and other policies, or your violation of any law, rules or regulations or the rights of a third party.

 

You Agree and Confirm

  1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Yes genie for redelivery shall be claimed from you.
  2. That you will use the services provided by the website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the website.
  3. You will provide authentic and true information in all instances where such information is requested of you. Yes Genie reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the services and / or other affiliated websites without prior intimation whatsoever.
  4. That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website.
  5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
  6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

 

You may not use the website for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorized access to other computer systems.
  4. Interfering with any other person’s use or enjoyment of the website.
  5. Breaching any applicable laws;
  6. Interfering or disrupting networks or websites connected to the website.
  7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

 

 

Disclaimer by Yes Genie

  1. Yes Genie's role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable vendor/ seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer. At no time shall Yes Genie have any obligations or liabilities in respect of such contract nor shall Yes Genie hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to the buyer from the seller.

 

  1. These terms of sale shall not amend or modify any agreements, contracts, terms or policies between the buyer or seller on one hand and Yes Genie on the other hand.

 

  1. Yes Genie does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by sellers accessible through the website or any linked websites. Yes Genie makes no representations or warranties whatsoever about, and shall not be liable for, the seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, and non-infringement of third party intellectual property rights. Any transactions that buyer may have with such third parties are at buyer's own risk. The products shall be subject to seller's terms and conditions for warranty, service and maintenance, and Yes Genie does not accept any responsibility for the same. Yes Genie also does not accept any responsibility for the usage of the products by the buyer.

 

  1. Yes Genie specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by buyer from the seller and Yes Genie shall not assume any liability if the product purchased or availed by buyer from the seller is not exactly as per specifications detailed in the purchase confirmation order.

 

  1. Yes Genie is in no way responsible or liable for the offer for sale or sale of the product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the product and the return, refund or cancellation of purchase of any products.

 

  1. Yes Genie does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the seller and not to Yes Genie. Prices, product description and availability of the product are seller's responsibility.

 

  1. Buyer expressly acknowledges that the Seller selling the defective product will be responsible to buyer for any claims that buyer may have in relation to such defective product and Yes Genie shall not in any manner be held liable for the same.

 

  1. Yes Genie shall not assume any liability for the non-availability of the product, delivery of the product directly by the seller and the installation of the product where required.

 

 

Colours

We have made every effort to display the colors of our products that appear on the website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

Limitation of Liability

In no event shall Yes Genie be liable for any special, incidental, indirect or consequential damages of any kind in connection with terms and conditions of use, even if Yes Genie has been informed in advance of the possibility of such damages.

 

Modification of Terms & Conditions of Service

Yes Genie may at any time modify the terms & conditions of use of the website without any prior notification to you. You can access the latest version of these terms & conditions at any given time on the website. You should regularly review the terms & conditions on the website. In the event the modified terms & conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified terms & conditions of use of this website.

 

Governing Law and Jurisdiction

This terms and conditions of use shall be construed in accordance with the applicable laws of India. The courts at Panchkula, Haryana shall have exclusive jurisdiction in any proceedings arising out of this agreement.