SITE AND ITS CONTENTS
This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
Access to certain areas of the Site may only be available to registered members. You are required to register with GiftsGenie if you want to purchase a gift voucher or want to write a review or view and edit your profile. In order to register with the Site you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
You are solely responsible for any data, text, graphics, messages, or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your information or reviews. All Content posted by you is your sole responsibility. The Site does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances the Site will be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted via the Service.
OWNERSHIP
The Content is protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. You also agree not to extract the code or reverse-engineer it in anyway. Any attempt at hacking or unlawful use of GiftsGenie can and will invite the maximum prosecution allowable under the law.
PRIVACY POLICY
It is our policy to respect the privacy of our users. We encourage you to review our Privacy Policy and become familiar with it. Please note that we do not sell, rent or make available your email address, phone number, address, or any other personal information to any third-party for any reason whatsoever.
USER'S MATERIAL
You are responsible for maintaining the confidentiality of your user ID and password for accessing GiftsGenie and are responsible for all activities/transactions that occur through your account.
We welcome your comments about your experience of shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, information, or any other content you contribute to GiftsGenie (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for GiftsGenie to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.
You are prohibited from posting any defamatory, obscene, pornographic, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
The Site assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. The Site may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Site policies in any way. You agree not to resell or make any commercial use of the Site service without the express consent of the GiftsGenie. You agree not to use the Site service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise). You agree not to transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. GiftsGenie reserves the right to suspend/terminate its services to users if found involved in service abuse.
GiftsGenie will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting such materials.
TERMS AND CONDITIONS OF USE
Making a Purchase:
- We reserve the right to change the price of any gift, without prior notice.
- The user should carefully read the description of gift vouchers, shipping declaration and destination information before placing the order.
- It will take 3-4 business days for the delivery of your orders via courier.
- The image displayed in indicative in nature. Actual product may vary in shape or design as per the availability.
Order and Shipment:
- It is the responsibility of the purchaser to provide correct and complete shipping address information for gifts, whether by email or courier. GiftsGenie will not responsible for any damaged, missing or delayed orders due to incorrect or incomplete delivery details.
- Once placed, requests for cancellation/exchange of orders will not be entertained.
- We use contracted courier companies for delivery of Gift Boxes. GiftGenie accepts no responsibility for any damage, loss or delay as a result of using this service. Couriers deliver between 9am and 5pm (Mon-Fri) and specific dates and times cannot be guaranteed. We cannot deliver to PO Boxes. A redelivery charge of Rs 100 will apply if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item.
- We use contracted courier companies for delivery of Gift Boxes. GiftGenie accepts no responsibility for any damage, loss or delay as a result of using this service. Couriers deliver between 9am and 5pm (Mon-Fri) and specific dates and times cannot be guaranteed. All Gift Box deliveries must be signed for (unless specified to leave unattended) and we cannot deliver to PO Boxes. A redelivery charge of $16.50 will apply if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item.
- Order received till 2pm will be dispatched the same day and order received after 2pm will be dispatched by next day
- If the gift vouchers are damaged during shipment they will be replaced only if the recipient sends back the damaged vouchers.
- During rush period, if your order is received late (closer to the occasion date), your order might be delivered on the next working day or later. Although we do ensure that this never happens and the deliveries reach you on time, we do not take any responsibility for such late deliveries. Also during such time owing to the number of orders, the order might be delivered before or after the selected date.
- All delivery charges are non-refundable. A redelivery charge will apply if the delivery address is incorrect.
- For delivery vis email, GiftsGenie is not responsible for any loss suffered as a result of GeniePoints via email being blocked by filters or firewalls, or due to incorrect email address provided by the purchaser. If the recipient does not receive the GeniePoints via email, please contact our customer care at customercare@giftsgenie.in immediately to send vouchers to an alternative email address.
- We will not be responsible for any delay / non-delivery of the order by the vendors or because of flood, fire, wars, act of God or for any reason that are beyond our control. For such orders a complete refund will be provided.
- We are committed to exceeding standards in the packaging of all products to eliminate damage in transit whenever possible. If you notice any damage to the goods, please write to us immediately at 'customercare@giftsgenie.in'. Please include the below details in the mail:
- Order #
- Name of Purchaser
- Date of Delivery
- Item(s) Damaged
- Description of Damage
- Contact Email and Telephone Number
No claim will be allowed after 15 days of receipt of product
For Fresh Flowers/ Express Deliveries (Same Day Delivery)
- We will attempt delivery of the items ONCE. Incase the delivery is not executed during the attempt, the customer shall still be charged for the order and no redelivery will be possible. We will consider the order executed in the below cases :
- Delivery not done due to wrong address.
- Recipient not available.
- Premises locked.
- Wrong phone or Cell or Extension number/ not working/ no reply or not connecting/ reachable and delivery is not done.
- Recipient refused the products.
- Delivered the product at the Gate/ Reception/ Neighbor.
- No change in instructions can be entertained before 2 working hours of the date of delivery and acknowledged by our Customer support team.
- In case the product is not delivered due to any of the above reasons, the update will be available in the website and the same can be collected from the delivering outlet same day in the same city , details of which is available with our customer support numbers.
- Conformance would be seeked from the customer for the same through e-mail. However, if there is no response from the customer within 24 hrs., it shall be assumed that s/he has agreed to the delivery of the alterante product.
- While placing an order, please provide us with the following information for delivery at Hotel / Hospital.
Hotel:
- Full address of the hotel.
- Room No.
- Telephone number of the hotel.
- Name of Tour company, if applicable.
Hospital:
- Full address of the hospital.
- Ward number or name.
- Home address of recipient with phone number.
- If there is no one available at the shipping address (to accept the delivery of your order) at the time of delivery, the order will not be considered late. Hence in such cases, no refunds, cancellations, liability can be made.
- If the recipient has not checked in at the hotel on the delivery date, the order will be left at the reception & the order will be assumed as executed. If the person has checked out of the hotel by delivery date, the order will be assumed as executed & no refund will be made in such cases.
- For delivery of gift items to Wedding Ceremonies/ Marriage Halls, we may not be able to assure the delivery to the bride and/or bride-groom because of non-accessability of our delivery team to the couple. However, we shall ensure that the delivery is made to one of the responsible member of host. Also, if possible we shall provide you with the name of the recipient through our order confirmation mail.
* For Midnight Deliveries:
- Delivery will be made between 11.30 pm to 12.15 am on mentioned / asked delivery date
- We deliver on Sundays
- We will attempt delivery of the items ONCE. Incase the delivery is not executed during the attempt, the customer shall still be charged for the order and no redelivery will be possible. We will consider the order executed in the below cases :
- Delivery not done due to wrong address.
- Recipient not available.
- Premises locked.
- Wrong phone or Cell or Extension number/ not working/ no reply or not connecting/ reachable and delivery is not done.
- Recipient refused the products.
- Delivered the product at the Gate/ Reception/ Neighbor.
- In case the product is not delivered due to any of the above reasons, the update will be available in the website and the same can be collected from the delivering outlet next day in the same city , details of which is available with our customer support numbers.
- We will not entertain any complaint of any order beyond 7 (Seven) days from the date of delivery of the order.
* For Fix Time Delivery
- We cannot commit sharp/exact time for delivery. Order will be delivered +15 or -15 mins as per selected time.
- We required 3 hours lead time.
- We deliver on Sundays also.
- The above product will be delivered only in the cities mentioned in the List of Serviceable Cities.
- No deliveries would be done on National Holidays. The delivery of the same would be done on the next working Day.
- We would attempt delivery of the items once. Incase the delivery is not executed during the attempt, due to wrong address/recipient not available/premises locked, the customer shall still be charged for the order.
- Please note that Flowers, Cakes and other perishable products are sourced locally at the delivery location.
- The image displayed is indicative in nature. Actual product may vary in shape or design as per the availability.
- Correct and elaborate Address (landmark) and contact number is must of the recipient for placing the order.
- In case of floods/ Heavy Rains/ National Bandh we reserve the right to reschedule the delivery for another date and time.
* For Remote Locations & Towns :
- All the orders received by 6pm would be delivered on Next Day.
- We deliver on Sundays also
- No deliveries would be done on National Holidays. The delivery of the same would be done on the next working Day.
- We would attempt delivery of the items once. Incase the delivery is not executed during the attempt, due to wrong address/recipient not available/premises locked, the customer shall still be charged for the order.
- Delivery would be made between 10am to 7pm on all working days.
- No time commitment for the deliveries would be entertained.
- Correct and elaborate Address (landmark) and contact number is must of the recipient for placing the order.
Refund requests:
- We reserve the right to cancel any order without providing any reason. This will be regardless of whether the payment has been confirmed / received. Payment for the cancelled orders will be refunded and the user will be informed. Refund can take up to 20 days to take effect.
- For orders in which problem arises owing to the mistake of the user e.g. wrong address or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user.
- All gift vouchers are not exchangeable or redeemable for cash. Those which have an expiry date, are also non refundable.
- Delivery of certain items may not be possible under certain uncontrollable circumstances like no courier service, delivery not available etc. However, you will get 100% refund of your money. Refund can take up to 20 days to take effect.
- Complaints received after 15 days of Order Date / Shipment Date, whichever is later will not be entertained. Refund requests should be made within 1 day of the shipment / delivery date.
User Account:
- The user agrees to give the correct information which is true and authentic. We reserve the right to confirm the information provided by the user. We also reserve the right to disallow any user to use this website and may reject / cancel the registration without providing any reason whatsoever.
- You may terminate your participation in the Site service with or without cause at any time and effective immediately. The Site may terminate its service or your use of the service with or without cause at any time and effective immediately, at its sole discretion, by immediate termination of your use of the site services.
Payments:
- We will not be held liable for any credit card fraud that occurs on Site. Users have to use only their card when they make their payments. You, and not GiftGenie, are responsible for paying any unauthorized amounts billed to your credit card by a third party.
- The liability of using a fraudulent credit card lies on the user and the responsibility to establish otherwise shall exclusively be the users.
General Guidelines:
- GiftsGenie has no liability for any act, omission or default, whether negligent or otherwise of any experience provider or third party. GiftsGenie has no liability for any loss or damage occasioned by any negligent act or omission of any experience provider or third party. Where GiftsGenie's liability cannot be excluded, such liability is limited to the value of the Gift Voucher purchased.
- The Site shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the Site. This includes, but is not limited to, payment and delivery of gift vouchers, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, retailers and/or individuals. The Site is under no obligation to become involved in disputes between participants on the Site service, or between participants on the Site service and any third party.
Redemption of Gift Voucher:
- If you book for an redemption of your experience voucher with the merchant and wish to cancel it, you may incur a cancellation fee from the experience provider. Each experience provider has their own cancellation policies which you are bound to follow. In the case of short notice cancellations by you, you may lose your voucher completely depending upon experience provider's policy. If an experience provider needs to cancel an experience for any reason, you will be notified as soon as possible in order to reschedule a convenient alternative date. GiftsGenie is not responsible for such interaction or liability between you and the experience provider.
- If you have a problem or a complaint on with your experience, please bring this to the experience provider's attention immediately so that issues may be addressed on the spot, wherever possible.
INDEMNITY
You agree to indemnify and hold GiftsGenie, its parent, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site Service, the violation of these Terms of Service by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any state or local law or regulation.
DISCLAIMER
The material in this Site could include technical inaccuracies or typographical errors. The Site may make changes or improvements at any time. GiftsGenie is not responsible for and need not honor typographical or pricing errors on the Site.
The materials on this site are provided on an "As Is" basis, without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Site disclaims all warranties of merchantability and fitness for a particular purpose.
The Site does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
The Site does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.
You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. The Site does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
You also acknowledge that through this Site, GiftsGenie merely provides intermediary services in order to facilitate highest quality services to you. GiftsGenie is not the last-mile service provider to you and therefore, GiftsGenie shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (merchants) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.
Independent merchants provide information about the experiences they can offer. We try to ensure that the information on GiftsGenie is accurate and up-to-date at all times. However, the content or format offered for few experiences may vary from time to time. When you go to redeem your voucher, the experience provider will provide the final details about your experience. The experience provider will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the experience provider's terms and conditions at the time your booking is confirmed by the experience provider.
At certain times we may need to change the contents of Gift Baskets, for example when individual items are out of stock etc. We always try to ensure that any replacement item is of comparable quality.
GiftsGenie will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.
If any dispute arises between you and GiftsGenie during your use of the Site or thereafter in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Delhi. The arbitration proceedings shall be in the English language.
The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time. These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Delhi, India.
Concerns and Comments
You may e-mail us with any further questions or concerns regarding our Terms of Service at customercare@giftsgenie.in. Please provide a reference to the terms of service in your subject line. We will attempt to respond to all reasonable concerns or inquiries within five business days of receipt.
Thank you for using GiftsGenie!
This policy was last modified on 6th April 2010.
