INTRODUCTION
https://genesis.gifts (‘Website’) is an online service owned, operated and managed by Genesis Gifts (‘Genesis Gifts’ or ‘we’ or ‘us’). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at sales@genesisgifts.com or call us on +97144311432 (Dubai) and +97126656420 (Abu Dhabi). We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website (Age of consent is mentioned as per the applicable law).
OWNERSHIP OF RIGHTS
ACCURACY OF CONTENT AND INVITATION TO OFFER
GENERAL TERMS OF USE
- Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
- User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the Genesis Gifts and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
- Genesis Gifts strives to provide best prices possible on products and services to users buying or availing from the Website. However, Genesis Gifts does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Genesis Gifts;
- The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
- All offers on Products shall be for limited stocks and are for limited period(s). Genesis Gifts may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
- A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Genesis Gifts;
- We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
- All products sold on https://genesis.gifts through our sellers are genuine. All sellers listing their products on https://genesis.gifts are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on https://genesis.gifts However this guarantee is not applicable for manufacturing defects.
- In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer;
- Genesis Gifts may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Genesis Gifts’s decision of cancellation of order shall be final and Genesis Gifts shall not be liable for such cancellation(s) whatsoever;
- Expected delivery time as mentioned on website may vary than the usual time of delivery;
- Genesis Gifts strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Genesis Gifts may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation;
- Genesis Gifts shall have right to modify the price of a product or service any time, without any prior information;
- Genesis Gifts may also require additional verifications or information before accepting any order. Genesis Gifts will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account;
- Cancellation by Genesis Gifts: There may be certain orders that Genesis Gifts is unable to accept and must cancel. Genesis Gifts reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, non-availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Genesis Gifts‘s credit and fraud avoidance department;
- Cancellation by the User: In case of requests for order cancellations, Genesis Gifts, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Genesis Gifts receives a cancellation notice and the order has not been processed/ approved by Genesis Gifts shall cancel the order and refund the entire amount to User within a reasonable period of time;
- Genesis Gifts will not be able to cancel orders that have already been processed, it is pertinent to note that the Genesis Gifts has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the Genesis Gifts is acceptable to User and User shall not create any dispute on the decision taken by Genesis Gifts on cancellation;
- Genesis Gifts reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Genesis Gifts as per certain criteria. Genesis Gifts Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale;
- Payment Method chosen is “COD”
- Multiple orders (More than 2 of same product, and More than 5 cumulative of different products) placed at the same address;
- Bulk quantity of the same product ordered;
- Invalid address given in order details;
- Any malpractice used to place the order.
- Genesis Gifts Reserves the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
- Limitation of Liability: Under no circumstances Genesis Gifts’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
These terms and conditions are subject to UAE laws and any dispute shall be subject to jurisdiction of the courts in UAE only.
USAGE RESTRICTIONS
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer / network systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise
- unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
- threatens the unity, integrity, defence, security or sovereignty of UAE, 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 any other nation.
You are also prohibited from
- violating or attempting to violate the integrity or security of the Website or its content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other users of the Website;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the content on the Website or other information available from the Website;
- framing or hotlinking or deeplinking any content on the Website.
QUANTITY RESTRICTIONS
PRICING INFORMATION
INDEMNITY
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless Genesis Gifts, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Genesis Gifts or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
ELIGIBILITY TO USE
Use of the Website is available only to persons who can form legally binding contracts under applicable law. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside UAE. Those who choose to access this Website from outside UAE are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within UAE and will not be liable for any claims relating to any products ordered from outside UAE. Some UAE states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from UAE states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
PRIVACY
REFUSAL OF SERVICE
PROMOTIONAL COMMUNICATIONS
“We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or register as a Do Not Disturb user. Within 15 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in UAE) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service”.
FINANCIAL DETAILS
COMMUNICATION
WEBSITE FEEDBACK, USER COMMENTS AND USER GENERATED CONTENT
COPYRIGHT & TRADEMARK
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Genesis Gifts names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Genesis Gifts or licensed to Genesis Gifts. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Genesis Gifts or its suppliers and licensors and protected by UAE and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by UAE and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Genesis Gifts and is also protected by UAE and international copyright laws. We don’t offer any Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.
OBJECTIONABLE MATERIAL
TERMINATION
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through UAE postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Genesis Gifts. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
LIMITATION OF LIABILITY AND DISCLAIMERS
WEBSITE SECURITY
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Genesis Gifts.
ENTIRE AGREEMENT
CONTACT INFORMATION
- Sending a letter marked to the attention of Grievance Officer, Genesis Gifts, 2005, 20th Floor, Aspect Tower, Business Bay, Dubai; or
- Sending an email to sales@genesisgifts.com