Terms & Conditions
The Genie | Generic Technologies Private Limited
Effective from 6th November 2023.
Introduction
This document constitutes the Terms and Conditions ("Terms") governing your use of the services provided by The Genie ("we", "us", "our", or "The Genie"), a comprehensive platform offering food takeout and AI-powered Enterprise Resource Planning (ERP) services. By accessing or using any part of our services, you agree to be bound by these Terms, which are designed to ensure a clear understanding of mutual rights and obligations. Your agreement with us includes these Terms and any additional terms that you agree to, as provided in connection with specific services, subject to the terms herein.
Definition of Terms
For the purposes of these Terms, the following definitions shall apply:
- "Services" refers to all the services provided by The Genie, including but not limited to food takeout services, AI-powered operational analytics, ERP services, and any related features, technologies, and functionalities offered through our platform.
- "Users" denotes individuals or entities that access or use our Services for the purpose of food ordering, data analysis, or any other use case facilitated by our platform.
- "Partners" encompasses all restaurants, vendors, third-party service providers, and any other entities that collaborate with The Genie to offer products, services, or functionalities through our platform.
- "ERP Services" pertains to the AI-powered solutions provided by The Genie, designed to assist in the management of a restaurant's operations, including but not limited to analytics, reporting, inventory management, and data-driven decision-making tools.
- "Takeout Services" refers to the service that allows Users to order food for pickup or takeout from various Partner restaurants through The Genie's platform.
- "Data Ownership" means the rights and interests that Partners retain over the data generated from their operations and interactions with The Genie's Services.
User Account and Access
User Account Creation
To utilize the full spectrum of The Genie’s Services, users may be required to create an account. When creating an account, users agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. Users agree to promptly update account and other information, including email address and credit card numbers and expiration dates, so that we can complete transactions and contact you as needed. Registration must be done by a human. Accounts registered by 'bots' or other automated methods are not permitted and will be deleted without notice. Each user is responsible for whatever happens on their account and must report any unauthorized accesses in a timely manner.
Account Responsibilities
As a registered user, you are responsible for safeguarding your account details, including passwords and other sensitive information. You are solely responsible for all activities that occur under your account and agree to notify The Genie immediately of any unauthorized use of your account. The Genie cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may be held liable for any losses incurred by The Genie or any other user of or visitor to the Site due to someone else using your Genie ID, password, or account.
Modification of Terms
Right to Modify Terms
The Genie reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. Changes will be effective when posted on the Service with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Service. It is your responsibility to check these Terms periodically for changes. Continued use of the Service following the posting of changes will mean that you accept and agree to the changes. Assuming that any change is unacceptable to you, you shall cease using this Service.
Acceptance of Modified Terms
Your continued engagement with The Genie’s Services following any amendments indicates that you accept the modified Terms. You acknowledge and agree that by logging into your account, or using our Services after changes to these Terms have been posted, you are expressing your acceptance of the updated or modified Terms. If you do not agree to any change to these Terms then you must stop using the Services immediately.
Services Description
The Genie's Service Overview
The Genie offers an amalgamation of services designed to cater to the evolving needs of the food service industry and its patrons. Our platform provides a seamless interface for ordering takeout from a wide array of partner restaurants, alongside robust AI-powered ERP solutions tailored for restaurant management. The Genie's ERP services empower restaurants with operational analytics, offering insights into performance, customer behavior, and market trends, thereby enabling data-driven decision-making.
AI-Powered Operational Analytics
By leveraging cutting-edge AI technology, The Genie delivers advanced analytical tools that process operational data to unveil actionable insights. These analytics cover various aspects of restaurant management, including sales trends, inventory levels, staffing efficiency, and customer satisfaction metrics.
Takeout Services
The Genie’s takeout services provide a convenient option for users to order food online from our extensive network of partner restaurants. Our platform is designed to facilitate an intuitive ordering process, ensuring a satisfactory experience from menu browsing to order placement and pickup.
User Obligations
Compliance with Terms and Local Laws
As a user of The Genie, you agree to comply with these Terms and all local, state, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Services. It is your responsibility to ensure that your use of The Genie’s Services does not contravene any applicable laws.
Accuracy of Information
You pledge to provide authentic and current information required for the use of The Genie’s Services and to maintain the accuracy of such information. The Genie relies on this information to provide you with its Services, and any misleading, false, or outdated information may lead to suspension or termination of your access to the Services.
Responsible Conduct
You commit to engaging with The Genie’s Services in a manner that is respectful and considerate of other users and our partner restaurants. Any conduct by you that, in The Genie’s discretion, restricts or inhibits any other person or entity from using or enjoying any of The Genie’s Services is strictly prohibited and may result in the termination of your access to the Services.
Intellectual Property Rights
Ownership and Use of Content
The Genie and its associated logos and marks are proprietary trademarks of The Genie, including the design, graphics, and text of our Services. The Genie owns the intellectual property rights in the content and materials displayed on the platform. By using the Services, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of The Genie.
User-Generated Content
When you submit content to The Genie, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the provision of the Services.
Protection of Intellectual Property
The Genie respects the intellectual property of others and expects the same from its Users. If you believe that your intellectual property rights have been infringed, please inform us, and we will take appropriate action in accordance with our IP policy and applicable laws.
ERP Services Specific Terms
Scope of ERP Services
The Genie's ERP services provide an integrated suite of tools to optimize restaurant operations. These services include, but are not limited to, inventory management, financial reporting, staff scheduling, and predictive analytics. The Genie grants you a limited, non-exclusive, non-transferable license to use the ERP Services for your internal business purposes in accordance with these Terms.
Data Handling and Ownership
Restaurants retain ownership of the data they generate while using The Genie’s ERP services. The Genie may use this data to provide and improve the Services, subject to the terms of our Privacy Policy. The Genie ensures that all data is handled securely and in compliance with relevant data protection regulations.
Third-Party Integrations
The ERP Services may integrate with third-party services. While The Genie strives to offer seamless integrations, we are not responsible for the performance of third-party services or their compliance with applicable laws. You agree that The Genie shall not be liable for any issues arising from the use of any third-party services.
Takeout Services Specific Terms
Overview of Takeout Services
The Genie’s takeout services facilitate an efficient ordering process for users seeking to enjoy meals from our network of partner restaurants. The services are designed to be user-friendly, providing clear menus, accurate pricing, and real-time updates on order status.
Order Placement and Processing
When placing an order through The Genie’s platform, you are making a direct offer to purchase the product from the selected restaurant. Upon receiving your order, we will send an acknowledgment email confirming receipt. This confirmation does not constitute acceptance of your order; the contract between you and the restaurant is only formed when we send you confirmation via email that the restaurant has accepted your order.
Payment and Pricing
All prices listed on The Genie’s platform are determined by the partner restaurants. The Genie takes no responsibility for the pricing of food items. Payment for all orders must be made in full at the time of ordering via our secure payment mechanisms.
Data Protection and Privacy Policy
Commitment to Data Protection
The Genie is committed to protecting the privacy and security of our users' and partners' data. Our Privacy Policy outlines the types of data we collect, how we use it, and the measures we take to ensure your personal information is handled with care and in compliance with applicable laws and regulations.
User Data
In delivering our Service, we may collect personal data such as your name, contact details, and payment information. This data is essential for providing you with our Services and is handled in accordance with our Privacy Policy.
Partner Data
Partner restaurants retain ownership of the data they generate while using our Services. We ensure that partners have access to analytics tools and that their data remains secure and confidential.
Data Security
We employ appropriate security measures to protect your information against unauthorized access, alteration, disclosure, or destruction. We continuously review and update our security practices to enhance the safety of your personal information.
Restrictions on Use
Prohibited Activities:
The Genie's services are provided to help users order takeout efficiently and to enable restaurants to manage their operations effectively. To maintain the integrity of our services, the following activities are expressly prohibited:
- Any form of unauthorized automated use of the system, including the use of scripts to send comments or messages.
- Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
- Attempting to impersonate another user or person.
- Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account.
- Selling or otherwise transferring your profile.
- Using any information obtained from the Services to harass, abuse, or harm another person.
- Using the Services in a manner inconsistent with any applicable laws and regulations.
Intellectual Property Violations:
We take intellectual property rights seriously and require that our users do the same. Users must not upload, post, or otherwise distribute or facilitate the distribution of any content that:
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party.
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts.
User Feedback and Ratings
Feedback Submission
Users of The Genie's platform may submit feedback and ratings for the services and restaurants they have interacted with. This feedback is crucial for maintaining the quality of our services and fostering a trustworthy community.
Integrity of Feedback
To ensure the integrity and accuracy of feedback:
- Users must provide honest comments that represent their genuine experience.
- Any attempt to manipulate ratings or feedback by creating false accounts, coercing other users, or any other deceptive or fraudulent activity is strictly prohibited.
- The Genie reserves the right to remove feedback that we determine, in our sole discretion, to be fraudulent, abusive, or in violation of our terms and conditions.
Advertising and Promotions
Advertisements on The Genie
The Genie may display advertisements and promotions from third parties on its platform. The manner, mode, and extent of advertising by The Genie are subject to change, and the appearance of advertisements on the platform does not necessarily imply an endorsement or recommendation by The Genie.
User Participation in Promotions
From time to time, The Genie or its partner restaurants may conduct promotions that users can participate in. These promotions, including contests, sweepstakes, and other such events, may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. Participation in these promotions is completely voluntary, and you have a choice whether or not to disclose any information that may be required.
Additional Legal Terms
Warranties and Disclaimers
The Genie provides its services using a commercially reasonable level of skill and care, but there are certain things that we don't promise about our services. Other than as expressly set out in these terms or additional terms, neither The Genie nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services 'as is'.
Limitation of Liability
To the extent permitted by law, The Genie, its affiliates, officers, employees, agents, suppliers, or licensors will not 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 (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; or (d) unauthorized access, use, or alteration of your transmissions or content.
Termination and Suspension
Grounds for Termination
The Genie reserves the right to terminate or suspend your account and access to the Services immediately, without prior notice or liability, under circumstances including, but not limited to, your breach of the Terms, unauthorized use of our intellectual property, or actions that cause harm to The Genie or its users. Upon termination, your right to use the Services will cease immediately.
Effect of Termination
In the event of termination, you will lose all access to any services for which you have registered. All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Suspension of Services
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies.
Dispute Resolution
Governing Law
These Terms will be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.
Arbitration Agreement
In the unlikely event that The Genie has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any The Genie claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the Indian Arbitration and Conciliation Act, 1996.
Class Action Waiver
Any claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, by entering into these terms, you and The Genie are each waiving the right to a trial by jury or to participate in a class action.
General Provisions
Entire Agreement
These Terms constitute the entire agreement between you and The Genie and govern your use of the Service, superseding any prior agreements between you and The Genie (including, but not limited to, any prior versions of the Terms).
No Waiver
The failure of The Genie to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without The Genie’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Genie may assign or transfer these Terms, at its sole discretion, without restriction.
Notices and Amendments
Method of Providing Notices
The Genie may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on our services, or other reasonable means now known or hereafter developed.
Procedure for Amendments
The Genie reserves the right to update or modify these Terms at any time without prior notice, and such changes will be effective immediately upon being posted on the site or service. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.
Contact Information
Customer Service Contact
For questions or concerns regarding the Service, your account, or these Terms, you may contact The Genie's Customer Service at the following details:
Email: getintouch@thegenie.in
Phone: +91 8667211896
Postal Address: No.32, Arcot Road,
Virugambakkam,
Chennai - 600092.
India
Grievance Officer
In accordance with the Information Technology Act 2000 and the rules made thereunder, the contact details of the Grievance Officer are provided below:
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)
Please reach out to our grievance officer directly for any concerns or issues related to privacy. The Grievance Officer is responsible for redressing the grievances of users regarding content and service.
Nodal Contact Person
For any law enforcement related queries, please contact our Nodal Officer at the following details:
Name: [Name]
Generic Technologies Private Limited
Address: #32, Arcot Road, Virugambakkam,
Chennai, India.
Email: info@generictechltd.com
Time: 10 AM – 5 PM (Monday – Friday)
Copyright Infringement and DMCA Policy
Notification Procedures
The Genie respects the intellectual property of others and expects its users to do the same. In accordance with the Indian Copyright Act, 1957, The Genie has adopted a policy of terminating, in appropriate circumstances and at The Genie's sole discretion, users who are deemed to be repeat infringers. The Genie may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Counter-Notification Procedures
If you believe that your content has been removed in error or misidentified, you may send us a counter-notice with the following information:
- Your name, address, phone number, and physical or electronic signature;
- Identification of the material and its location before it was removed;
- A statement under penalty of perjury that the material was removed by mistake or misidentification; and
- Your consent to local jurisdiction or agreement to accept service of process from the party who provided the notification of the alleged infringement.
Special Acknowledgments
AI Usage and Limitations
The Genie employs artificial intelligence (AI) to enhance service delivery, user experience, and operational efficiency. Users acknowledge that while AI can provide significant benefits, it is subject to limitations and should not be relied upon exclusively for decision-making. The Genie is not liable for any issues arising from AI operations, including data inaccuracies or service interruptions. The Genie disclaims any liability for errors or omissions by AI-operated services.
Restaurant Partnerships and Data Use
The Genie values its partnerships with various restaurants and food service providers. Users acknowledge that by using The Genie’s platform, they consent to the sharing of transactional data with our restaurant partners for the purpose of fulfilling orders and enhancing service delivery. All data shared will be in compliance with our Privacy Policy and relevant data protection laws.
Conclusion
Summary of Agreement
This document and any documents referenced herein represent the entire agreement between The Genie and the user regarding the use of The Genie’s services. By using the Services, you acknowledge that you have read these Terms in their entirety, understand them, and agree to be bound by their terms and conditions. You further agree that these Terms are the complete and exclusive statement of agreement between you and The Genie, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and The Genie relating to the subject matter of these Terms.
Affirmation of Understanding
By using the services provided by The Genie, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.
