Terms Of Use

MagniGenie Terms of Use

These terms and conditions outline the rules and regulations for the use of MagniGenie' Website.
MagniGenie is located at: Plot No: 211, Second Floor, District Center, Bhubaneswar, Odisha, India.

These Terms of Use (“Terms of Use”) constitute a binding agreement between MagniGenie.com and Your use of the website and its services. By using the Site, you (“You” or “End User”) agree to these Terms of Use that MagniGenie.com has provided. We request you to read these Terms of Use carefully. Please note that if you do not agree to these Terms of Use, you should not use the website.

Website Access
MagniGenie.com hereby grants you permission to use the website in accordance with these Terms of Use, provided that:

  • You will not copy or distribute any part of the website in any medium without MagniGenie.com’s prior written authorization.
  • You will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose.
  • You will otherwise comply with all the defined Terms of Use and you agree not to collect or use any personally identifiable information (“Personal Information”) including, without limitation, account names, email addresses, or other User Submissions, from the website. Also, you agree not to use the communication systems provided by the website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the website.
  • You will not without the written consent of MagniGenie.com copy, translate, modify, or make derivative works of the content of the Site or any part thereof. It is strictly prohibited to redistribute, sublicense, rent, publish, sell, assign, transfer, market or otherwise make the content of the Site available to third parties.

Modifications to the Website
MagniGenie.com reserves the right at all times to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. MagniGenie.com shall not be liable to you or to any of the third party for any change, deferral or discontinuance of the website. Your continued use of the Site following the posting of changes means that You have accepted and agreed to these changes.

Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you. But they may be assigned, transferred, delegated, and sublicensed by MagniGenie.com without any restriction.

General
MagniGenie.com reserves all rights to amend these Terms of Use at any time in its sole good sense and without prior notice, which shall take effect as soon as it is posted on the website. It will be the complete responsibility of all users to review these Terms of Use for any changes. Your use of the website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or anything related to the website must commence within one (1) week after the cause of action accrues. Otherwise, such cause of action is permanently expelled.

Limitations on Liability
We are not liable for any error or defect in the services caused or contributed to by any of the users or even yourself. We are not to be held liable for anything unless all monies owed to MagniGenie.com by you have been paid in full in the expected timely manner.

We must be provided with at least 14 (fourteen) days’ notice of any matter for which we may be liable and be afforded a reasonable period to remedy any such breach before you incur any costs or expenses in remedying the matter yourself. If you do not provide any such written notice, we will not be liable to pay/owe you anything.

We reserve the right to request written evidence of any claims that you allege that we are liable for, together with full details of how any liability by us was incurred and what measures you have taken to mitigate the loss.

We are not liable to you for any:-

  • consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions);
  • economic and/or other similar losses; and/or
  • special damages and/or indirect losses.

All the user community should acknowledge that you are under a duty to mitigate any loss, costs, expenses or damages that you may incur. Our total liability to you under any contract shall not exceed the sum of $100 (one hundred US dollars).

Nothing in this contract is designed to exclude or limit any of your statutory rights which are not capable of exclusion or limitation due to your acting in a consumer capacity.

We shall not be liable to you for any delays in the provision of the services and for any other events to the extent that such events are due to things that are outside reasonable control including but not limited to emergencies, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, prohibitive governmental regulations or actions and any other similar events.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred/suffered by us or our subsidiaries, affiliates, officers and employees arising from a breach of this agreement, the content you transmit to or through the Website, as well as your conduct on or arising from your use thereof.

Termination
MagniGenie.com may, under certain circumstances and without prior notice, immediately terminate your MagniGenie.com access to the website and any other MagniGenie.com services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use, other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the website or any other MagniGenie.com services.

Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. MagniGenie.com is not intended for children under 13. If you are under 13 years of age, then please do not use the MagniGenie.com website.

Copyright Policy
MagniGenie.com reserves the right to terminate its agreement with You when you (repeatedly) infringe any copyrights of MagniGenie.com and/or third parties. If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, You shall inform MagniGenie.com at info@magniGenie.com.

Third Party Content
Under no circumstances will MagniGenie be liable for any loss or damage caused by your reliance on information obtained through the Site. It’s your own responsibility to evaluate the accuracy, completeness, usefulness of any information, advice, or any other content available through MagniGenie.com.
MagniGenie.com contains links to third-party websites maintained by other content providers who have no relationship with MagniGenie.com. These links are solely provided as a convenience to You and not as an endorsement by MagniGenie.com of the contents on such third-party sites. MagniGenie.com hereby expressly disclaims any responsibility and representation regarding the content and/or accuracy of materials on such third-party websites. If You decide to access these linked websites, You understand that you do so at your own risk.

Unless You have a written agreement with MagniGenie.com expressly permitting You to do so, You shall not provide a hyperlink to the Site from any other website. MagniGenie.com reserves the right to revoke its content to any link at any time in its sole discretion.

Warranty Disclaimer
The Site and Content are made accessible on an “as is” and “as available” basis. You expressly agree that the use of this Site and its Content is at your sole risk. Neither MagniGenie.com, its affiliates, nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site or of any Content will be uninterrupted or will be error free; nor do they make any warranty as to:

  • the result that may be obtained from the use of the Site, or any Content and products of third parties;
  • the accuracy, reliability or content of any information, service or products provided through the Site.

Indemnification
You agree to defend, indemnify and hold MagniGenie, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MagniGenie.com by any third party due to or arising out of or in connection with your use of the Site.
You are solely responsible for interactions with third parties and other users of the Site. To the extent permitted under applicable laws, You hereby release MagniGenie.com from any and all claims or liability related to any product or service of a third party, any action or in-action by third party, including third party’s failure to comply with applicable law and/or failure to abide by the Terms of Use of MagniGenie.com, and any conduct or speech, whether online or offline, of any other user.

Violation of Terms of Use
When violating these Terms of Use or other agreements or guidelines, You understand and agree that MagniGenie.com may, at its sole discretion and without prior notice, terminate your access to the Site and/or block any services offered to You through the Site. You also understand that any violations of these Terms of Use will cause harm to MagniGenie.com and that You will be held responsible for this damage.
MagniGenie.com reserves all rights to disclose any information we have about You, not limited to your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site. MagniGenie.com reserves the right at all times to disclose any information that MagniGenie.com finds necessary to comply with any applicable law, regulation, legal process or any governmental request.
If MagniGenie.com takes any legal action against You as a result of your violation of these Terms of Use, You agree that MagniGenie.com is entitled to recover from You all paid attorney fees and all additional costs of such action. You agree that MagniGenie.com will not be liable to You or to any third party for termination of your access to the Site and its services, as a result of any violation at your side of these Terms of Use.

Miscellaneous
These Terms of Use, Privacy Policy and any other policies, contracts and/or operating rules from MagniGenie.com, constitute the entire agreement of You with MagniGenie.com. If any provisions of these Terms of Use is held invalid by a court or any other competent jurisdiction, such invalidity shall not affect the enforceability of any provisions set out in the Terms of Use. The remaining provisions of this document shall continue in full force and effect. The failure and/or decision to exercise any of the rights under this Terms of Use shall not be deemed a waiver of such rights. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third party.
Latest Update: 4 December 2016

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