Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading details or using the Geniebikez website located at Geniebikez.com, and all associated sites linked to geniebikez.com, or the Geniebikez mobile application or any similar platform (hereinafter collectively, the Geniebikez Platform run by Fordon Technologies Private Limited, Flat No A No 32 /230/31/4 Ground Floor Elegant Habitat Hennur Main Road, Bengaluru, Karnataka 560043, India.

and/or any of its affiliates (hereinafter collectively, Geniebikez) on any device and/or before availing any services offered by Geniebikez on the Geniebikez Platform which may include services such as buying a used two wheelers, selling a used two wheelers, news and updates and purchasing accessories or any other service that may be offered by Geniebikez on the Geniebikez Platform (hereinafter individually, and collectively, the Geniebikez Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Geniebikez Services, whether offered by Fordon Technologies Private Limited or its affiliates.

Acceptance:

By registering on, accessing, browsing, downloading details or using the Geniebikez Platform for any general purpose or for the specific purpose of availing any Geniebikez Service, you agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Geniebikez Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to any additional or modified service-specific terms and conditions in relation to any Geniebikez Service or any future service that may be offered by Geniebikez on the Geniebikez Platform. By registering on, accessing, browsing, downloading details or using (as applicable) the Geniebikez Platform or availing any Geniebikez Service, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the Geniebikez Platform and immediately stop availing the Geniebikez Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the Geniebikez Platform or a customer or beneficiary of the Geniebikez Services, and Geniebikez. All services are rendered by Geniebikez through the Geniebikez Platform under the brand name “Geniebikez” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Geniebikez, regarding your use of Geniebikez’s digital services or any such other services which may be added on the Geniebikez Platform and which will henceforth be a Geniebikez Service, from time to time. The Geniebikez Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, Geniebikez grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Geniebikez Platform and/or avail the Geniebikez Services.

Other Terms and Conditions:

Additional terms and conditions may apply in order for you to avail specific Geniebikez Services and to specific portions or features of the Geniebikez Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Geniebikez Platform or for any Geniebikez Service offered on or through the Geniebikez Platform, the latter terms shall control with respect to your use of that portion of the Geniebikez Platform or the specific Geniebikez Service. Geniebikez may make changes to any Geniebikez Services offered on the Geniebikez Platform, or to the applicable terms for any such Geniebikez Services, at any time, without notice. The materials on the Geniebikez Platform with respect to the Geniebikez Services may be out of date, and Geniebikez makes no commitment to update the materials on the Geniebikez Platform with respect to such Geniebikez Services.

User Information and Participating Platforms:

Geniebikez offers you the opportunity to voluntarily share your contact details on Geniebikez and Geniebikez Platforms. This information is used for tracking a user’s purchase journey and may be provided to participating platforms or Geniebikez Partners in the event of a promotion, sale, offer or for regular business. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Geniebikez’s user information is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Geniebikez is solely responsible only for those content that it actually operates. For Geniebikez registered users, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The user information shall be owned and operated by Fordon Technologies Pvt Ltd for use on all Participating Platforms, by Fordon Technologies Pvt Ltd or its affiliates. For the use of Geniebikez’s services, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration. Geniebikez cannot be held liable for any incorrect information provided by users. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties or to disclose them otherwise. The user is obliged to inform Geniebikez immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement. Geniebikez is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Geniebikez) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Communication Policy:

Customer Communications

1. Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Product. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address (es)

By accepting the T&Cs, you accept the following:

1. Geniebikez may send alerts to the mobile phone number provided by you while registering with the Geniebikez Platform or on any updated mobile number subsequently provided by you on the Geniebikez Platform, or via e-mail. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional, then you may not get the alert at all or get delayed messages.
2. Geniebikez will make best efforts to provide alerts via SMS/e-mail and it shall be deemed that you shall have received the information sent from Geniebikez as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Geniebikez Platform or availing any Geniebikez Services. Geniebikez shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Geniebikez liable for non-availability of the SMS/email alert service in any manner whatsoever.
3. The SMS/e-mail alert service provided by Geniebikez is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Geniebikez shall be immediately informed about the same by you and Geniebikez will make best possible efforts to rectify the error as early as possible. You shall not hold Geniebikez liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert facility.
4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert service depend on many factors including the infrastructure and connectivity of the service provider. Geniebikez shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless Geniebikez and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Geniebikez or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by you or improper or fraudulent information provided by you; (ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or (iii) the customer receiving any message relating to the buying/ selling a used two wheeler, reservation, meeting scheduling, shipment updates, and other services from Geniebikez and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e mail and phone call regarding what Geniebikez perceive to be of your interest based on your usage history and browsing history (which information may be shared by Fordon Technologies with its affiliates). This includes providing information relating to offers, discounts and general information by Geniebikez. In case you do not want such information, you have to explicitly ask to be excluded.

Use of Geniebikez Platform:

You understand that except for information, products or services clearly indicated as being supplied by Geniebikez, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Geniebikez cannot and does not guarantee or warrant that files available for download through the Geniebikez Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.

Vehicle Logistics terms:

Geniebikez provides logistics supply to its interested seller(s) who are willing to sell vehicle to Geniebikez, below are the terms and conditions for the logistics of the Vehicles

1. PICKUP OF VEHICLE : You may choose to sell your vehicle to Geniebikez as per your choice and convenience. You may choose to perform the service on any day of the week and for several times you may wish for. When you click on the accept sale option upon a notification of a task, you expressly consent each time for providing your services to the User. You agree that You take services directly from Geniebikez as the case maybe.
   • Transportation/ Delivery Services from Merchant Establishments: You acknowledge that the You may sell your vehicle with Geniebikez on the Platform through the Geniebikez Platform. In this regard, You shall provide logistics cost Not borne by Geniebikez for transportation/pickup services from the Your location. You shall be liable to INR 1000 (One Thousand Rupees Only) in case, if You ask for return of Your vehicle picked up by Geniebikez. The payment shall be made to the Geniebikez agent in cash or through online payment mode to Geniebikez account which shall be shared with You in respect to the transactions initiated by the You on this Platform (“Logistics”).
   • Pick up of Vehicle: You hereby agree that while providing pick up pertaining to Your vehicle to the Geniebikez agent, You acknowledge that you shall provide Geniebikez with all necessary documents required for transfer of your vehicle ownership and also provide coordination for RTO rules and regulations.
2. Pick Up Services: You acknowledge that You may initiate a transaction on the Platform by which You will be required to keep your vehicle ready with all necessary documents before pick up of the vehicle from Your location. You agree that before delivery up of vehicle you shall ensure the documents is not tempered, lose or blur. You further agree that before giving delivery off the vehicle, you shall take reasonable measures to ensure that you have provided exact location for pick-up of your and handed over to the correct person. You shall be responsible for safe pick up of the vehicle to the Geniebikez Agent as may be specified by Geniebikez

Prohibited Conduct:

By accessing or using the Geniebikez Platform or by availing Geniebikez Services, you agree not to:

1. Violate the T&Cs
2. Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Geniebikez Services, perform any other similar fraudulent activity or otherwise avail Geniebikez Services with what we reasonably believe to be potentially fraudulent funds;
3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy
4. Use the Geniebikez Services if you are under the age of 18 years without a parental sponsor or, in any event, use the Geniebikez Services if you are under the age of 16 years old even with a parental sponsor and in accordance with applicable law
5. Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person
6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature
7. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Geniebikez
8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Geniebikez Services and the Geniebikez Platform or features that enforce limitations on the use of the Geniebikez Services or the Geniebikez Platform
9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Geniebikez Services or Geniebikez Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law
10. Use the Geniebikez Services or the Geniebikez Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Geniebikez Services or the Geniebikez Platform in an automated manner
11. Modify, adapt, translate or create derivative works based upon the Geniebikez Services and the Geniebikez Platform or any part thereof, except and only to the extent that that this is permissible by applicable law
12. Intentionally interfere with or damage operation of Geniebikez Services or the Geniebikez Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
13. Use any robot, spider, other automatic device, or manual process to monitor or copy the Geniebikez Platform without prior written permission
14. Interfere or disrupt the Geniebikez Platform or networks connected to the Geniebikez Platform
15. Take any action that imposes an unreasonably or disproportionately large load on Geniebikez’s infrastructure/network
16. Use any device, software or routine to bypass the Geniebikez Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Geniebikez Services
17. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Geniebikez Platform or to manipulate your presence on the Geniebikez Platform
18. Sell the Geniebikez Services, information, or software associated with or derived from it
19. Use the facilities and capabilities of the Geniebikez Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
20. Breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs
21. Provide false, inaccurate or misleading information
22. Use the Geniebikez Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Geniebikez Platform, except and only as expressly provided in the T&Cs
23. Avail Geniebikez Services with what Geniebikez reasonably believes to be potentially fraudulent funds
24. Use the Geniebikez Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Geniebikez, a third party or you
25. Use the Geniebikez Services in a manner that Geniebikez or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
26. Take any action that may cause Geniebikez to lose any of the Geniebikez Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers
27. Send automated request of any kind to the Geniebikez Platform without express permission in advance from Geniebikez

Termination; Agreement Violations:

You agree that Geniebikez, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Geniebikez Services/Geniebikez Platform and remove and discard on the Geniebikez Platform all or any part of your account, your user profile, or your recipient profile, at any time. Geniebikez may also in its sole discretion and at any time discontinue providing access to the Geniebikez Services, or any part thereof, with or without notice. You agree that any termination of your access to the Geniebikez Services/Geniebikez Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Geniebikez will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Geniebikez may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Geniebikez Services/Geniebikez Platform.

Limitation of Liability and Damages:

In no event, Geniebikez or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or nonpecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Geniebikez Services, the Geniebikez Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Geniebikez Services, the Geniebikez Platform (including any and all materials) or any reference sites/app/platform/service, even if Geniebikez or a Geniebikez authorized representative has been advised of the possibility of such damages. In no event, Geniebikez or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Geniebikez Services, the Geniebikez Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Geniebikez services, the Geniebikez Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with Geniebikez, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Geniebikez Service or the Geniebikez Platform giving rise to the cause of action, or beyond or in excess Rs.1,000, whichever is lesser. You acknowledge and agree that Geniebikez has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Geniebikez, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Geniebikez. Geniebikez would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Geniebikez’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification:

You agree to indemnify, save, and hold Geniebikez, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Geniebikez Services or of the Geniebikez Platform; (ii) any violation by you of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein. Geniebikez reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Geniebikez, including rights to settle, and you agree to cooperate with Geniebikez’s defense and settlement of these claims. Geniebikez will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties:

To the fullest extent permissible pursuant to applicable law, Geniebikez and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Geniebikez or through the Geniebikez Services or the Geniebikez Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Geniebikez” includes Geniebikez’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that Geniebikez is a reseller of used two wheelers and is not liable for any third party obligations due to rates, quality and all other instances. You expressly agree that use of the Geniebikez Services on the Geniebikez Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Geniebikez does not warrant that the Geniebikez Services will be uninterrupted or error-free or that defects in the site will be corrected. The Geniebikez Services and the Geniebikez Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Geniebikez, and its third party suppliers, licensors, and partners do not warrant that the data, Geniebikez software, functions, or any other information offered on or through the Geniebikez Services/Geniebikez Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Geniebikez and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Geniebikez Services/Geniebikez Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Geniebikez Services/Geniebikez Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Geniebikez be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Geniebikez Platform.

Ownership; Proprietary Rights:

The Geniebikez Services and the Geniebikez Platform are owned and operated by Geniebikez and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Geniebikez Services and the Geniebikez Platform provided by Geniebikez (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Geniebikez, all Materials, trademarks, service marks, and trade names contained on the Geniebikez Platform are the property of Geniebikez and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Geniebikez or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Geniebikez Services/Geniebikez Platform. Except as expressly authorized by Geniebikez, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Geniebikez reserves all rights not expressly granted in this Agreement. If you have comments regarding the Geniebikez Services and/or the Geniebikez Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Geniebikez, and shall assign to Geniebikez, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement:

Geniebikez reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Geniebikez Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Geniebikez Platform, availing the Geniebikez Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Geniebikez Services/Geniebikez Platform. For certain changes, Geniebikez may be required under applicable law to give you advance notice, and Geniebikez will comply with such requirements.Your continued use of the Geniebikez Platform following the posting of changes will mean that you accept and agree to the changes.

Notice

Geniebikez may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Geniebikez Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Geniebikez must be sent by courier or registered mail to Fordon Technologies Private Limited, Flat No A No 32 /230/31/4 Ground Flr Elegant Habitat Hennur Main Road , Bengaluru, Karnataka 560043 , India.

Waiver

The failure of Geniebikez to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Geniebikez.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Geniebikez Service or the Geniebikez Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Geniebikez may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bangalore and the language of this arbitration shall be English. Either you or Geniebikez may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore necessary to protect the rights or the property belonging to you or Geniebikez (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Geniebikez may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Geniebikez. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Geniebikez must be resolved by a court having jurisdiction in Bangalore, India. You agree to submit to the personal jurisdiction of the courts located within Bangalore, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without Geniebikez’s prior written consent which may be withheld in Geniebikez’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by Geniebikez freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, you agree to be customers of Geniebikez (including, each of Fordon Technologies and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring Geniebikez’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Geniebikez Platform and availing the Geniebikez Services by you subject to any specific terms and conditions imposed by any affiliate of Geniebikez; (c) for receiving communications, notices and information from any Fordon Technologies or any affiliate of Fordon Technologies; (d) for sharing of business information (including data analytics and any information relating to you or the services being availed by you) between Fordon Technologies and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Geniebikez’s customers (including you); (ii) provision of better services by Geniebikez’s vendors; (iii) to prevent any breach of a binding agreement between Fordon Technologies and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Geniebikez or by any affiliate of Geniebikez; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Fordon Technologies or any affiliate; or (vi) Fordon Technologies retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times Fordon Technologies or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with Geniebikez to provide products and services, or that help Geniebikez market to customers. Personal information will only be shared by Geniebikez to provide or improve Geniebikez’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. Geniebikez, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in Geniebikez’s products and services, offering any products or services from any Geniebikez Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect your personal information under applicable law. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Geniebikez to disclose your personal information. Geniebikez may also disclose information about you if Geniebikez determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Geniebikez may also disclose information about you if Geniebikez determines that disclosure is reasonably necessary to enforce the T&Cs or protect Geniebikez’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Geniebikez’s business or products or services offered through any Geniebikez Platform to any persons (including any affiliates), Geniebikez may transfer any and all personal information that Geniebikez collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of Fordon Technologies; or (b) a person under the control of or under common control with Fordon Technologies; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Fordon Technologies Private Limited (calculated on a fully diluted basis). For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Geniebikez), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever. Geniebikez’s privacy policy applies to use of the Geniebikez Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Geniebikez Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Geniebikez Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between you and Geniebikez relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Geniebikez in accordance with the terms of this Agreement.

Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Geniebikez website located at Geniebikez.com, and all associated sites linked to Geniebikez.com, or the Geniebikez mobile application or any similar platform (hereinafter collectively, the Geniebikez Platform) run by Fordon Technologies Private Limited, having its registered office at Fordon Technologies Private Limited, Flat No A No 32 /230/31/4 Ground Flr Elegant Habitat Hennur Main Road , Bengaluru, Karnataka 560043 , India.and/or any of its affiliates (hereinafter collectively, Fordon Technologies or Geniebikez) on any device and/or before availing any products related services offered by Geniebikez on the Geniebikez Platform (hereinafter, individually Geniebikez Service and collectively, the Geniebikez Services).

Eligibility

The Geniebikez Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Geniebikez from availing the Geniebikez Digital Services or accessing the Geniebikez Platform. By accepting the T&Cs or by otherwise using the Geniebikez Digital Services on the Geniebikez Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Geniebikez, or disqualified for any other reason. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Geniebikez reserves the right to suspend or permanently prevent you from availing Geniebikez Digital Services or using the Geniebikez Platform.

General Terms & Conditions

1. Geniebikez facilitates an old bike to new bike exchange.
2. Geniebikez reserves the right to change/modify/add/delete any of the terms and conditions applicable on different promotional schemes introduced in the market from time to time.
3. Geniebikez is not liable to provide HSRP plates to its customers, as Geniebikez purchases and Sells second hand two wheeler, the Company does not change or alter the number plates of the vehicles
4. Geniebikez can extend or terminate the offers/sale, without prior information at any point of time.
5. Geniebikez shall quote price while procuring vehicle which shall be tentative price, and the final price shall be provided post final inspection of the vehicle
6. In case of any query pertaining to the offer or voucher, please contact our customer care by emailing us at cs@Geniebikez.com or call on +91 0000000000 Monday to Saturday from 9.00 am to 7.00 pm.
7. Geniebikez reserves the right to cancel any reservation/order placed using promotional vouchers. Some situations where your reservation/order may be cancelled include without limitation, misuse of any promotional vouchers, unauthorized usage of vouchers or inaccuracies of voucher pricing, technical glitches and value thresholds. The discount amount will not be refunded in such cases.
8. If a customer requests for the return of the bike, the logistic costs will be borne by the customer.
9. Two or more offers cannot be clubbed together, until and unless specified otherwise.
10. Offer may not be applicable for all products on the website.
11. Special coupons should be redeemed within the limited period and validity once expired, cannot be extended later.
12. If a customer wants to return a product, the same offer will not be provided again
13. Customer needs to opt for ongoing offers available on our website.
14. All offers are subject to time validity.
15. Any issues regarding spare parts, only the manufacturer will be responsible not Geniebikez
16. The voucher cannot be exchanged in cash or kind.
17. Geniebikez reserves the right to exercise its discretion with respect to claims made, the time period, applicability and availability of bikes.
18. All disputes will be subject to the exclusive jurisdiction of Bangalore courts only.
19. If there is any technical issue and the order gets placed with the incorrect discount amount, Geniebikez reserves the right to cancel that order.
20. If any orders are placed due to a technical error, Geniebikez reserves the right to cancel that order without any prior information.
21. While selling vehicle to Geniebikez, vehicle should be free of all the encumbrances such as traffic challan , theft , court case , documents breaching , accident case or any other legal case . If found otherwise, Geniebikez shall make the payment after deducting all the expenses as per our standard terms and conditions.

Terms and Conditions for Ownership Transfer

The ownership of bikes will be transferred to the Buyer by Seller only. Ownership transfer documentation needs to be verified by buyers. Geniebikez will only facilitate the transaction and provide assistance; ownership transfer is the sole responsibility of Seller and Buyer only.

VEHICLE SERVICE TERMS AND CONDITIONS:

1. Geniebikez provides Door to Door service to its customers which is chargeable
2. Geniebikez provides vehicle servicing to its Customers through Geniebikez service centers or Geniebikez authorised service center which is chargeable
3. Geniebikez charges for any additional services on request of the customer on the vehicle
4. To avail service kindly contact us at: +91 00000000000 or email us at customersupport@Geniebikez.com