Terms of Use
Updated: November 11, 2024
General
These Terms of Use (“TERMS”) constitute a binding agreement between you and GenieNexus (“Company”) and govern your access to and use of our any of our services and products, as they may be from time to time, including without limitations, our website located at: genienexus.com (collectively, the “Services”).
You may use the Services only in compliance with these TERMS and with all Applicable Law, rules and regulations as well as any policies, terms of use or guidelines of any third-party sites and platforms you may use in conjunction with the Services, including any social platforms (collectively, “Applicable Law”).
By accessing and/or using the Services you agree that you have read, understood and agree to be bound by these TERMS. Company may change, add or remove any of the Services and/or any feature within the Services at any time and in its sole discretion without prior notice to you. In addition, Company may suspend, terminate and resume providing of the Services (or any features within the Services) at any time and in its sole discretion without prior notice to you. If you do not agree with the TERMS you are required to cease use of the Services including the Website.
These TERMS incorporate by reference our Privacy Policy at: genienexus.com/privacy-policy, and our Promotion Rules at: genienexus.com/promotion-rules and will apply to any entry by you to any Promotions (as such term is defined therein), to the handling of the Promotions, the prizes and their distribution. Any breach of the above agreements shall also be deemed to be a breach of these TERMS and vice versa.
Company may revise these TERMS from time to time at its discretion and/or add additional terms and guidelines at our sole discretion and without notice and you are expected to review these TERMS from time to time in order to make sure you are familiar with the most updated version. If you do not wish to be bound by any modification, please stop using the Services immediately. Your continued use of the Services indicates your acceptance of the modified TERMS.
Registration and Account
In order to use the Services (and participate in any Competitions) you will be required to register to the Website by creating a personal account and become a registered user (a “User”). Upon registration, Company may request that you provide us with certain personal information, such as your name, age, gender and contact details. In addition, we may be required under Applicable Law to request certain information and documents from you from time to time. You hereby undertake to provide us with such information and documents and to make sure that any information you provide is full, accurate and complete and that you will promptly update us of any change in such information.
Company may suspend or terminate your account at any time or cease providing you with all or part of the Services at any time for any reason and without notice, including, but not limited to, if we reasonably believe that you have breached these TERMS and/or any Applicable Law. You will have no claims against us in case of such termination or suspension.
As part of the registration to your account, you will be provided with a username and a password. You are responsible for safeguarding the username and password that you use to access the account and the Services and for any activities or actions under your account. You should never disclose or give any other person access to your username and password and to your account. Company will not be liable for any loss or damage arising from your failure to comply with the above requirements and/or from any unauthorized access to your account.
Limitations
You may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services; (iv) use the Services or the Website in such a way that might be in breach of any Applicable Law, and/or in any other way not specifically permitted by Company herein, including without limitations, test the vulnerability of any system or breach or circumvent any systems, access or search or attempt to access or search the Services by any means (automated or otherwise); (v) interfere with, or disrupt (or attempt to do so), the Services or the access of any other user, to the Services; (vi) send any unsolicited or unauthorized advertising, promotional materials, email, spam, or other form of solicitation; or (vii) use the Services or Content (as such term is defined below), or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not specifically permitted by these TERMS.
You are not allowed to use the Services if you are under 18 years of age. By accepting these TERMS and by using the Services you are representing that you are at least 18 years of age.
User Content and other Content
If you post, publish, transmit, or upload any “User Content” (i.e. means all the data that you upload, create, or generate on or through the Services), you agree that it will be: (i) accurate; (ii) not confidential; (iii) not in violation of Applicable Law; (iv) not in violation of other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content; (v) free of viruses, adware, spyware, or other malicious code; (vi) in compliance with these TERMS. Company does not recommend, endorse or make any representations with respect to any User Content posted or made available by you or by any other User through the Services or provide any representations regarding the legality, truthfulness, accuracy, or reliability of any User Content.
All ownership rights in and to the User Content remain under the exclusive ownership of the applicable Users, however each User grants Company with a worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, modify, publish, display and distribute such User Content in any and all media or distribution methods in connection with Company’s business purposes.
All right, title, and interest in and to any other content on the Website or in the Services are and will remain the exclusive property of Company and its licensors, as is more fully described below in the Intellectual Property section of these TERMS.
Intellectual Property Rights and Copyright Notices
The Services, including the Website (collectively, the “Our IP”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Our IP includes trade secrets and information that is confidential and proprietary to Company, and you agree to take all necessary actions to protect the confidentiality of such information.
All ownership rights in the Our IP, including any related documentation and any new releases, modifications, and enhancements thereto and including any feedback provided by Users, belong solely to Company and its licensors, if any, including all intellectual property rights therein. Company hereby expressly reserves all rights in the Our IP which are not expressly granted to you under these TERMS.
Disclaimers
You understand and agree that the Services and the Website are provided to you on an “AS IS” basis. Without limiting the foregoing, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty and disclaims all responsibility and liability for (i) the completeness, accuracy, availability, security or reliability of the Services or Website; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Website, or any Content (including without limitation any unlawful use of the Services or Website); or (iii) whether the Services or Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Indemnification and Limitation of Liability
You will indemnify and hold harmless Company and its affiliates, and their respective officers, shareholders, directors, employees, services providers, agents and other representatives (collectively, the “Company Parties”), from and against any claims, disputes, demands, liabilities, damages, costs and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with: (i) your access to or use of the Services or Website including without limitations any abuse or wrongful use of the Services or Website, (ii) any User Content, (iii) your infringement of any third party rights, or (iv) your violation of these TERMS or any Applicable Law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR WEBSITE; OR (ii) ANY CONTENT OBTAINED FROM THE SERVICES OR WEBSITE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS (U.S. $500.00).
THE LIMITATIONS ABOVE SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
Miscellaneous
You may not assign or transfer these TERMS without Company’s prior written consent. Company may freely assign or transfer these TERMS without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors and permitted assigns.
In the event that any provision of these TERMS is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TERMS will remain in full force and effect.
These TERMS (including any other agreements or terms or guidelines incorporated herein by reference) are the entire and exclusive agreement between you and us regarding the Services and Website and supersede and replace any prior agreements between you and us regarding the Services and Website.
These TERMS and any action related thereto will be governed by the laws of the UK without regard to its conflict of laws provisions and any dispute between you and Company will be resolved by the competent courts of London, England. The parties hereby grant exclusive jurisdiction to such courts.
If you have any questions or concerns about these TERMS, please contact us via email at: info@genienexus.com.
Company Name: GenieNexus Ltd
Registered Address: 101 New Cavendish St, London, W1W 6XH
Operational Address: 91 Waterloo Road, London SE1 8RT