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Merchant Terms and Conditions

The Genie | Generic Technologies Private Limited

Effective from 6th November 2023.

Preamble

This document outlines the terms and conditions (the 'Terms') under which 'The Genie' provides access to its services. These services include, but are not limited to, a software platform for restaurant operations, food delivery services, third-party service partnerships, and AI-driven data analytics for promotional activities. By registering for and using 'The Genie’s' services, you, the merchant, are agreeing to be bound by these Terms. If you do not agree to these Terms, do not use the services provided by 'The Genie.'

 

1. Definitions

In these Terms and Conditions, unless the context requires otherwise, the following terms shall have the meanings specified:
- 'Merchant' refers to any individual, group of individuals, or legal entity that registers and is accepted to use The Genie's platform for the purposes of selling food and beverage items.
- 'Services' encompasses all services offered by The Genie, including but not limited to the software platform for restaurant operations, food delivery services, and AI-driven data analytics.
- 'Platform' means the digital interfaces and related technologies provided by The Genie, through which the Services are delivered.
- 'Party Packages' denotes specially curated food and beverage offerings created by Merchants for sale through The Genie.
- 'Customer' is any user of The Genie’s services who purchases or intends to purchase Merchant offerings through the Platform.
- 'Confidential Information' includes any proprietary information, trade secrets, and any other information of a confidential nature, disclosed in the course of this Agreement.
- 'Intellectual Property' refers to all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and domain names.
- 'Data Protection' signifies the obligation to protect personal data in accordance with applicable laws and regulations related to privacy and data security.

 

2. Scope of Services

The Genie offers a multifaceted platform designed to support the diverse needs of the food service industry. Our platform facilitates a variety of services, including but not limited to, order management, payment facilitation, and analytics, catering to both in-house operational needs and customer-facing services. These services are provided through a combination of proprietary technology and partnerships with third-party providers, aimed at enhancing the efficiency and reach of our Merchants' operations. The Genie's platform is built to accommodate a dynamic range of services such as food delivery, takeout, and other related offerings, which are subject to evolution and enhancement in line with industry standards and customer needs.

 

3. Merchant Account

3.1 Account Registration and Requirements
- To access and use the Services, Merchants must register for an account and sign an LOU to Enroll with The Genie. During registration, Merchants are required to provide accurate and complete
information and must keep this information up to date.
- Merchants must have the legal capacity to enter into contracts and must agree to comply with all local, state, and federal regulations applicable to their business and use of the Services.

3.2 Account Security and Credentials
- Merchants are responsible for maintaining the confidentiality of their account information, including usernames and passwords. All activities under a Merchant's account will be presumed to have been conducted by the Merchant.
- The Genie must be notified immediately of any unauthorized use of a Merchant’s account or any other breaches of security. The Genie will not be liable for any loss or damage arising from failure to comply with this security obligation.

3.3 Merchant Representations and Warranties
- By creating an account, Merchants represent and warrant that all information provided is truthful, accurate, and current. Merchants further warrant that they will use the Services only in compliance with these Terms, applicable laws, and regulations.

 

4. Use of Services

4.1 Access to the Platform
- The Genie grants Merchants a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for their business operations as contemplated by these Terms.
- Merchants are not permitted to use the Platform for any illegal or unauthorized purpose. Compliance with all laws, rules, and regulations applicable to the use of the Platform is mandatory.

4.2 Service Limitations and Restrictions
- The Genie reserves the right to modify, suspend, or discontinue the Services (or any part thereof) with or without notice at any time.
- Merchants shall not (i) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from The Genie; (ii) use the Services to store or transmit any content that infringes upon any person’s intellectual property rights.

4.3 Software Use Guidelines
- Merchants agree to follow any guidelines or policies associated with the Services as provided by The Genie, including software updates and maintenance requirements.
- The Genie may offer updates to its software that may add, modify, or remove features. Merchants are required to install all mandatory updates to continue using the Services.

4.4 Third-Party Integrations and APIs
- The Services may be integrated with third-party services and APIs to enhance the functionality offered to Merchants. Use of these integrations is subject to the terms and conditions of the third-party providers.
- The Genie does not warrant the continuous availability of such integrations and shall not be liable for any loss or damage arising from their unavailability.

 

5. Merchant Obligations

5.1 General Conduct and Compliance
Merchants agree to conduct business in a professional manner that reflects favorably on the reputation and goodwill of The Genie. Compliance with all applicable laws, regulations, and The Genie policies, including health and safety standards, is mandatory for all Merchants.

5.2 Menu and Pricing Responsibilities
It is the responsibility of Merchants to ensure that all menu items listed on The Genie's platform are described accurately, priced correctly, and available for sale. Merchants must promptly update their menus on The Genie's platform to reflect any changes in price, availability, or other pertinent information.

5.3 Quality Control and Customer Service
Merchants shall maintain high standards of quality and service, ensuring that all food items meet customer expectations and are prepared and packaged in accordance with safe food handling practices. Prompt and professional response to customer complaints and feedback is required, with a focus on resolving any issues in a manner consistent with The Genie's customer service standards.

5.4 Cooperation with Delivery and Takeout Services
Merchants must provide accurate preparation times and ensure orders are ready for pickup or delivery within the stated timeframe. Cooperation with The Genie's delivery partners is expected to ensure a seamless delivery experience for customers.

 

6. Financial Terms

6.1 Fees and Payment Structure
- The Genie will charge fees for the use of the Platform, which may include subscription fees, transaction fees, and/or commission on sales. Detailed fee structures will be communicated to Merchants and may be updated from time to time with prior notice.

6.2 Commission Rates
- For each sale made through the Platform, The Genie will levy a commission at a rate agreed upon in the Merchant's enrollment agreement. Commission rates are subject to change with prior notice to the Merchant.

6.3 Billing and Payment Processing
- Merchants will be billed in accordance with the fee and payment structure specified in their agreement. Payments to Merchants for sales made through the Platform will be processed after deducting the applicable fees and commissions.

6.4 Refunds and Consent
- The Genie manages and processes refunds in accordance with its policies and applicable laws, with the consent of the Merchants. Merchants agree to comply with The Genie's refund policies and to cooperate in the refund process to ensure customer satisfaction.

6.5 Financial Records and Reporting
- Merchants agree to maintain accurate financial records related to their use of The Genie's Services. Merchants will provide The Genie with all necessary financial information for accurate billing and reconciliation.

6.6 Taxes
- Merchants are solely responsible for determining and paying any taxes owed as a result of sales made through The Genie's Platform. The Genie is not responsible for collecting, reporting, or remitting any taxes arising from such sales.

 

7. Data Ownership and Use

7.1 Merchant Data Rights
- Merchants have co-ownership of the data they provide to The Genie’s Platform. By using the Services, Merchants grant The Genie the right to use this data for the purposes of operating the Platform, improving services, and as otherwise permitted by these Terms and applicable laws.

7.2 Data Collection and Usage
- The Genie collects and uses data generated from Merchant use of the Services, including for future enhancements and development of new services. Merchants acknowledge that The Genie may use such data in an aggregated or anonymized form for analysis, forecasting, and other business-related purposes.

7.3 Data Sharing and Transparency
- The Genie may share Merchant data with third parties for the purposes of providing the Services, enhancing user experiences, or as legally required. All data sharing will be done with considera
tion for the privacy and rights of the Merchants, and in line with these Terms and applicable laws.

7.4 Privacy and Security
- The Genie is committed to protecting the privacy and security of Merchant data and will employ appropriate technical and organizational measures to safeguard it. Merchants are also responsible for the secure handling of customer data in accordance with relevant data protection laws.

8. Intellectual Property Rights

8.1 Ownership of The Genie Intellectual Property
- All intellectual property rights in the Services, including but not limited to software, trademarks, service marks, trade names, and content, are owned by The Genie or its licensors. Merchants do not acquire any ownership rights by using the Services.

8.2 Merchant Content and Licensing
- Merchants grant The Genie a non-exclusive, royalty-free, worldwide license to use, display, and reproduce the content provided by Merchants through the Platform for the purpose of providing the Services. This license includes the right to use Merchant trademarks and logos as part of the Services.

8.3 Prohibitions on Infringement
- Merchants agree not to infringe upon any intellectual property rights of The Genie or third parties while using the Services. Any unauthorized use of intellectual property may result in termination of the Services and legal action.

8.4 Brand Use and Representation
- Merchants may be permitted to use The Genie’s brand and associated marks in a manner that is consistent with The Genie’s branding guidelines. Such use must be approved by The Genie and must not misrepresent the relationship between the Merchant and The Genie.


 

9. Confidentiality

9.1 Confidential Information Treatment
- Merchants may receive sensitive information regarding The Genie’s business practices, technical processes, or other proprietary data. Merchants agree to treat all such information as confidential and to use it only for the purpose of fulfilling their obligations under these Terms.

9.2 Obligations and Exceptions
- The obligation of confidentiality will not apply to information that is publicly known, independently developed, or rightfully received from third parties. Merchants must promptly return or destroy all confidential information upon the termination of their relationship with The Genie or upon request.

9.3 Duration of Confidentiality
- The confidentiality obligations set forth herein shall survive the termination of the Merchant’s relationship with The Genie and shall continue for a period of five (5) years thereafter, or for as long as such information remains confidential.

 

10. Marketing and Promotions

10.1 Participation in Marketing Initiatives
- Merchants may be invited to participate in various marketing initiatives and campaigns organized by The Genie to promote their offerings and the Platform. Participation in such initiatives is voluntary but encouraged to maximize the Merchant’s visibility and sales.

10.2 Use of Marketing Materials
- The Genie may provide Merchants with promotional materials, such as graphics, banners, or written content, for use in their own marketing efforts. Merchants agree to use these materials in accordance with The Genie’s guidelines and branding policies.

10.3 Promotional Offers
- Merchants have the opportunity to create and offer promotions to Customers through the Platform. All promotions must be fair, reasonable, and in compliance with applicable laws and regulations. The Genie reserves the right to review and approve all Merchant promotions to ensure alignment with Platform standards and policies.

 

11. Term and Termination

11.1 Duration of Agreement
- The agreement between The Genie and the Merchant shall commence upon the Merchant’s acceptance of these Terms and will continue in effect until terminated by either party in accordance with these Terms.

11.2 Termination by Merchant
- Merchants may terminate their agreement with The Genie at any time by providing written notice in accordance with the termination provisions outlined in these Terms.

11.3 Termination by The Genie
- The Genie reserves the right to terminate the agreement with a Merchant with or without cause, including but not limited to breaches of these Terms, actions that harm The Genie’s reputation or business, or failure to comply with legal requirements.

11.4 Effects of Termination
- Upon termination, all rights and licenses granted to the Merchant will cease, and the Merchant must cease all use of the Services. The Merchant will be required to fulfill any outstanding obligations, including the payment of any fees that accrued prior to termination.

11.5 Post-Termination Obligations
- Following termination, Merchants are required to promptly return or destroy all confidential information and materials belonging to The Genie. Any clauses that by their nature should survive termination, will continue in effect post-termination.

 

12. Representations and Warranties

12.1 Merchant’s Assurances
- The Merchant represents and warrants that they have the authority to enter into this agreement, that their use of The Genie’s Services will be in accordance with these Terms, and that they will conduct their business in a manner that reflects favorably on the goodwill and reputation of The Genie.

12.2 The Genie’s Commitments
- The Genie represents and warrants that it has the authority to make the Services available under these Terms and will provide the Services in a professional manner consistent with industry standards.

12.3 Disclaimer of Additional Warranties
- Except as expressly provided in these Terms, The Genie disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

13. Indemnification

13.1 Scope of Indemnity
- Merchants agree to indemnify, defend, and hold harmless The Genie, its affiliates, officers, agents, and employees from any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or related to their use of the Services, violation of these Terms, or violation of any rights of a third party.

13.2 Procedures for Indemnification
- If any claims are brought against The Genie that would require the Merchant to indemnify The Genie under these Terms, The Genie will provide the Merchant with timely notice. Merchants will not settle any claim without The Genie’s prior written consent, which shall not be unreasonably withheld.

13.3 Limitations on Indemnification
- Merchants are not required to indemnify The Genie for any claims arising from The Genie’s own negligence or willful misconduct or for any amounts that exceed the fees paid by the Merchant to The Genie under this agreement in the twelve months preceding the claim.

 

14. Limitation of Liability

14. Limitation of Liability

14.1 Limitations on Damages
- In no event will The Genie be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) the Merchant’s access to, use of, or inability to use the Services; (ii) any conduct or content of any third party on the Services; or (iii) unauthorized access, use, or alteration of the Merchant’s transmissions or content.

14.2 Basis of the Bargain
- The limitations of liability set forth above are fundamental elements of the basis of the bargain between The Genie and the Merchant and would not have been provided without such limitations.

14.3 Essential Purpose
- If any limitation on remedies, damages, or liability is found to be invalid or unenforceable for any reason, the aggregate liability of The Genie under such circumstances for liabilities that otherwise would have been limited shall not exceed the fees paid by the Merchant to The Genie under this agreement during the twelve months prior to the action giving rise to the liability.

 

15. Governing Law and Dispute Resolution
15.1 Governing Law
- These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

15.2 Arbitration Process
- Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in India, before one arbitrator. The arbitration shall be administered as per the Arbitration and Conciliation Act, 1996.

15.3 Class Action Waiver
- The Merchant and The Genie agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Merchant and The Genie expressly waive their right to file a class action or seek relief on a class basis.

 

16. General Provisions

16.1 Amendments and Waivers
- No amendment or waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom it is to be enforced.

16.2 Assignment
- Merchants may not assign any of their rights under these Terms without the prior written consent of The Genie. The Genie may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

16.3 Severability
- If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

16.4 Entire Agreement
- These Terms constitute the entire agreement and understanding between the Merchants and The Genie with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Merchant and The Genie with respect to such subject matter.

 

17. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact The Genie at:

Email: getintouch@thegenie.in
Phone: +91 8667211896
Postal Address: No.32, Arcot Road, Virugambakkam, Chennai - 600092, India

Grievance Officer:
Name: Koushik Raj
Generic Technologies Private Limited
Address: #32, Arcot Road, Virugambakkam, Chennai, India.
Email: koushikraj@generictechltd.com
Time: 10 AM – 5 PM (Monday – Friday)

In accordance with the Information Technology Act 2000 and the rules made thereunder, the contact details of the Grievance Officer are provided.

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