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The website Okaygenie.com is operated by Okaygenie Software Private Limited "Okaygenie" or "us" or "we" or "our"), having its registered office located at A 701 / 702, Mainframe IT Park, Royal Palms Estate, Aarey Colony, Goregaon East, Mumbai- 400065. Please read the Conditions of Use document carefully before using the Okaygenie.com website. By using the Okaygenie.com website, you signify your agreement to be bound by Okaygenie’s Conditions of Use and Privacy Policy.
Please read these conditions carefully before using the Okaygenie.com website. By using the Okaygenie.com website, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future Okaygenie.com service (e.g., Wish List or Marketplace) ("Okaygenie Service"), you will also be subject to the terms, guidelines, and conditions applicable to that Okaygenie Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Conditions Relating to Your Use of Okaygenie.com
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and OTP (One Time Password) and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. You can access and update much of the information you provided us with in the My Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Okaygenie.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
2. Privacy
Please refer Privacy Policy for details.
3. E-Platform for Communication
You agree, understand, and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Okaygenie is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on okaygenie.com. Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the pre-set limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
4. Access to Okaygenie.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Okaygenie.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue.
to cause annoyance, inconvenience, or needless anxiety
6. Reviews, comments, communications, and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Okaygenie.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Okaygenie.com violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Okaygenie Software Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Okaygenie Software Private Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Okaygenie Software Private Limited, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Okaygenie.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Okaygenie.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Okaygenie Software Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Copyright, authors' rights, and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Okaygenie Software Private Limited, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights, and database right laws. The compilation of all content on this website is the exclusive property of Okaygenie Software Private Limited and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Okaygenie Software Private Limited, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without Okaygenie Software Private Limited and / or its affiliates (as may be applicable) express written consent. You may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Okaygenie Software Private Limited and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Okaygenie Software Private Limited and / or its affiliates (as may be applicable) express written consent.
8. Intellectual Property Claims
Okaygenie Software Private Limited and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please email us at hello@okaygenie.com
9. Trademarks
OKAYGENIE.COM, OKAYGENIE, and other marks indicated on our website are trademarks or registered trademarks of Okaygenie Software Private Limited or its subsidiaries (collectively "Okaygenie"), in India and/or other jurisdictions. okaygenie.com graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Okaygenie. Okaygenie' trademarks and trade dress may not be used in connection with any product or service that is not Okaygenie's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Okaygenie. All other trademarks not owned by Okaygenie that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Okaygenie.
10. Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Okaygenie nor shall Okaygenie have any obligations or liabilities in respect of any transactions on the website
11. Indemnity and Release
You shall indemnify and hold harmless Okaygenie Software Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Okaygenie Software Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
12. Limitation of Liability:
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the website. Our liability, or the liability of our affiliates and our suppliers for all claims relating to the use of the website is limited to the amount of charges/fees, convenience fees, if any, paid by you to Okaygenie for a specific order. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the website, services provided by the logistics partner, services provided through the payment gateway on the website or any other services of the website arising from your use of, inability to use, or reliance upon website. Okaygenie Software Private Limited, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the website or that the operation of the website or the logistics partner will be error free and/or uninterrupted. Okaygenie provides no guarantee to its users in respect of the products sold on the website. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the website.
13. Children
Use of Okaygenie.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e., under the age of 18 years, you may use Okaygenie.com only with the involvement of a parent or guardian.
14. Other Businesses
Parties other than Okaygenie Software Private Limited and its affiliates may operate stores, provide services, or sell product lines on Okaygenie.com. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Okaygenie Software Private Limited does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
15. Communications
When you visit Okaygenie.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
16. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
19. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
21. Our Details
This website is operated by Okaygenie Software Private Limited.
For the Okaygenie.com website, you could contact us at hello@okaygenie.com
