Terms of Use
Bharatage Innovations Private Limited (GenWise)

Updated on: 17 Sep 2024

Bharatage Innovations Private Limited(“Company”), having its registered office at Plot No 20, Okhla Industrial Area, PH-III, Okhla Industrial Estate, New Delhi, Delhi, India, 110020 , is the owner and the operator of the website i.e. https://genwise.club and the mobile application i.e. GenWise, collectively referred to as the “Platform”. 'GenWise' is the brand of Bharatage Innovations Private Limited. 

The Company is a Licensed Investment Advisor registered by Securities and Exchange Board of India (SEBI) with license number : INA000018568 (received on 13th November 2023)

By registering, accessing and/or using the Platform, you hereby agree to be governed by the following terms and conditions (the “Terms of Use”) and Privacy Policy.

Please read this Terms of Use and Privacy Policy carefully before registering, using or accessing the Platform. These Terms of Use and Privacy Policy constitute a legally binding agreement between you and Company governing your access to and use of the Platform and/or the Platform Services (as herein defined). If you do not understand these documents or do not accept any part of them, then you should not use or access the Platform and/or the Platform Services.

Based upon the access or use of the Platform and/or Platform Services by you, certain additional terms and conditions with respect to access or usage of specific features of the Platform and/or Platform Services, may also be applicable. In such case, such additional terms and conditions shall be part of Terms of Use.

You further understand and agree that Company reserves the right to update any of these Terms of Use from time to time. You must ensure that you keep yourself up-to-date and read the Terms of Use.

“You” shall refer to all persons who access, register and/or uses the Platform and/or its Platform Services. It shall also be applicable to the friend and family members who are added by a user for performing certain activities on your behalf and/or for availing certain features that may be available on the Platform. Please note that all such friends & family members will have to register as a user on the Platform and this Term of Use & Privacy Policy shall be applicable to such user also.

ABOUT THE PLATFORM

The Platform is aimed to help the elderly people become tech-savvy and independent. The Platform through its various Platform Services reduces the elderly people dependency on friends and family members. Even though the Platform aims to target the elderly people, any person meeting the eligibility criteria can use the Platform and/or Platform Services subject to Terms of Use & Privacy Policy.

REGISTRATION

You must be 40 years of age or older to access/register/use the Platform and/or Platform Services. By accessing/registering/using the Platform and/or Platform Services, you represent and warrant to Company that you are 40 years of age or older, and that you have the right, authority and capacity to use the Platform and/or Platform Services, and agree to and abide by this Terms of Use & the Privacy Policy. The Platform is to be used only by persons who can form legally binding contracts. The Platform reserves the right to terminate and/or refuse to provide You with access to the Platform if it is brought to the Platform’s notice or if it is discovered that You are under the age of 40 (forty) years.

In order to use and access the Platform and/or Platform Services, you are required to register on the Platform by submitting certain details such as name, mobile number, email id etc. You may also add your friend & family member to your account for performing certain activities on your behalf and/or for certain features that may be available on the Platform. Any such friend & family members will undergo the registration process as may be determined by the Company and will be bound by the Terms of Use & Privacy Policy.

Upon registration, your account will be created, and you will be required to set a Login ID and Password/OTP (as per the modes made available on the Platform). You need to use them anytime you want to login and you shall be responsible enough to maintain its confidentiality.

You agree to notify the Platform immediately of any unauthorized use of your account or any other breach of security. Any breach of security or unauthorized use of your account does not make the Company liable to indemnification.

The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

By accessing the Platform, You undertake to explicitly consented to receive communications via phone, SMS, Whatsapp or push notifications on the Platform including e-mail messages telling you about products and services offered by the Platform (or the Company, its subsidiaries, affiliates and partners) and understanding your requirements. The communication can also be by posting any notices on the Platform.

You agree that the communications sent to You by the Platform shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. By registering your phone number on the Platform, you expressly authorize us to override the national Do-Not-Disturb Registry (DND) i.e. - even if your registered phone number falls under the DND list of National Consumer Preference Registry (NCPR/NDNC), You voluntarily allow us the authority to call You at the same.

You specifically understand and agree that by using this Platform you authorize the Company and its affiliates and partners to contact you by calls and/or reminders in relation to the services provided through the Platform. You also agree that the Company reserves the right to make your details available to its partners who may contact you in a similar manner by telephone/email/sms or any other electronic manner for the purpose of providing information about the products provided by them.

PLATFORM SERVICES

The following services can be availed through the Platform:

• UPI

UPI Payments: UPI Payments enabled on the App allows you to request for transfer or collection of funds and or respond to fund collection requests for any of your Accounts linked to your VPA, through the App. In case of collect request received in the App, User needs to check the details of the collect request before authorising the Transaction by entering UPI PIN in the App. The availability of UPI Payments also depends on the availability or downtime of UPI services at, or systems of, the Issuing Bank and or Beneficiary Bank. 

You agree and understand that the Transactions shall be subject to the restrictions like maximum amount or maximum daily or periodic limits that may be imposed by the App or the Issuing Bank or by the RBI or competent authority or that may be imposed under applicable law, from time to time and you shall at all times be bound by such limits and restrictions.

You understand that GenWise may undertake various security measures including multi-layered authentication process to ensure safety of each Transaction and you agree to abide by such safety measures as may be prescribed by GenWise from time to time.

Declarations

1. What is NPCI?
   NPCI is an authorized payment system operator by RBI.  NPCI owns and operates UPI payment system.

2. What is PSP bank?
   PSP is the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.

3. What is TPAPs?
   Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.

4. What is Customer’s Bank?
   The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.

5. Who is End User Customer?
   The end-user customer is the individual who uses UPI payment facility to send and receive payments.

6. We hereby confirm that:

   • We Bharatage Innovatons Private Limited are a TPAP authorized by NPCI to facilitate payments through PSP Bank(s) namely Axis Bank. We are a service provider and we participate in UPI through the PSP Bank.

   • We are bound by the tripartite agreement entered with the sponsor PSP Bank (Axis Bank) and NPCI. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.

   • We shall be the first point of contact for all UPI related grievances/complaints for customers on-boarded by us.  In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where you maintain the account) and NPCI in the same order. After exercising these options you can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

Definitions

1. “Authorization” means approval of a Transaction by an Issuing Bank.

2. “Account” means a bank account in the name of the Payer or Beneficiary maintained with an Issuing Bank or Beneficiary Bank, respectively, and is linked to the UPI ID of the Payer or the Beneficiary, respectively, and is used for a Transaction. 

3. “Beneficiary" means a person or an entity including a Merchant holding a valid Account, to whom the Payer initiates payment through the App. 

4. “Beneficiary Bank” means the bank regulated by the Reserve Bank of India (‘RBI’), in which the Beneficiary holds an Account, where payment is to be credited as per the Transaction instruction received from the Payer through App.  

5. “Merchant” means a merchant accepting UPI based payments from its customers towards sale of goods and services by such merchant.

6. “Payer” means a person holding a valid and active Account and who intends to pay money to the Beneficiary through the App.

7. “Issuing Bank” means the bank regulated by the RBI.

8. “Features” means the features extended or enabled by GenWise related to UPI Payments (both pay and collect or pull transaction)

9. “Transaction” means a payment initiated through the App for debiting the Payer’s Account and a corresponding credit to the Beneficiary’s Account. A Transaction could be either a UPI Payments based pay or collect payment transaction. 

10. “Transaction Amount" means the amount entered by the Payer or the Beneficiary in the App at the time of initiating a Transaction, that is to be transferred from the Payer’s Account to the Beneficiary’s Account as a part of such Transaction.

11. “UPI PIN” means authentication credentials set by the User, which shall be entered by the User in the App for authentication and completion of the Transaction through the App.

12. “UPI Payments” means Unified Payment Interface (UPI) based payment facilities offered to you/User by your Issuing Bank or Beneficiary Bank (i.e., pay someone (push) or collect from someone (collect or pull) transaction), that are enabled on the App to enable a User to make UPI based payments through the App.

13. “UPI ID” or “Virtual Payment Address” or “VPA” means a unique payment identifier issued to a User that, among other things, can be used to identify the User’s Account linked by the User to such UPI ID for carrying out Transaction

Users Eligibility

1. Use of UPI is available only to an individual or duly constituted legal entity who is competent to contract under the prevailing laws of India and has a valid Account. 

2. The User agrees that these Terms read with other guidelines prescribed by the RBI, NPCI and the relevant banks (Issuing Bank or Beneficiary Bank) shall be applicable to each Transaction

Your Account

1. In order to avail the Features through the App, you will have to download the App and register yourself on the App by creating an account (“User Account”) by submitting such details as may be required by GenWise and the Issuing Bank including registered mobile number linked to the Account, location access, SMS access etc. When you register to open your User Account or during financial transaction, you agree to provide certain personal information and personal sensitive information about/related to you which may include without limitation personal information such as name, e-mail address, mobile number, mobile device information, geographical location, passwords, financial information and other relevant details. GenWise's use of such information is governed by the provisions of the Privacy Policy for the App. You agree to provide true, accurate, current, and complete information and documents and, for as long as you continue to use your User Account, to update such information to keep it true, accurate, current, and complete. If GenWise has grounds to suspect that such information is untrue, inaccurate, not current, then GenWise has the right to indefinitely suspend or terminate your User Account and refuse to provide you with access to the App and/or take necessary actions under laws as applicable without any notice to you.

2. At the time of creating a User Account, a UPI ID will be issued to you which will be linked to the Account selected by you for carrying out Transaction through the App. Further, you will be required to set a UPI PIN approved by the Issuing Bank to authenticate your identity at the time of approving any Transaction using the App. If one Account is linked to the UPI ID, that shall be your default Account for making Transaction using the App and in case, you have linked multiple Accounts to the UPI ID, in the App, the Account selected by you as your default Account will be used for all your Transactions in the App. 

3. You are responsible for maintaining the confidentiality of your User Account’s password and the UPI PIN, and you are solely responsible for all activities that occur using your User Account’s password, UPI PIN and mobile phone on which the App is installed. You agree to notify GenWise immediately of any unauthorized use of your password or UPI PIN or any other breach of security related to the App or User Account or the UPI ID. If you know or suspect that someone else knows your password or UPI PIN, you should immediately notify GenWise and take appropriate measures to change the same. GenWise shall process the Transaction basis instructions provided by you to GenWise through/in the App including details of Transactions and / or validation and authorisation of the Transaction by you using UPI PIN. You are responsible for all activities and Transactions carried out using your User Account, password or UPI PIN and GenWise shall not be held responsible and liable towards any person for any loss or damage which may arise as a result of any failure by you to protect your password, UPI PIN, mobile device, User Account, any unauthorized Transaction and/or in otherwise complying these Terms. 

4. Notwithstanding anything to the contrary contained in the Terms, GenWise reserves the right to deny the creation of, suspend access to or terminate any User Account(s) and UPI ID issued with respect to the App, or require you to change your password or UPI PIN, at any time in its sole discretion and without any notice or liability to anyone.

User Covenants and Obligations:

1. You hereby authorize GenWise to act as a payment system provider and give your Issuing Bank instructions to debit your Account(s) as per instructions/Transaction request received by GenWise from you through the App or e-mandates given/set-up by you. You understand that although multiple bank accounts can be linked with the UPI Services, debit/credit Transactions can be done from the default Account opted by the User. User may change the default Account before initiating any Transaction.

2. You agree and undertake that you shall keep GenWise harmless against any consequence and risk that may arise due to any Transactions undertaken by you through the App and you shall be solely responsible for any liability incurred by GenWise in execution of any instruction issued and/or Transactions initiated through the App. You understand and agree that once a fund collection or transfer request/ Transaction is provided by you through the App, the default Account will automatically be credited or debited, as the case may be, with such amounts as may be mentioned in such fund collection or transfer request/Transaction, respectively. 

3. You shall be responsible for ensuring that correct details of the Beneficiary are provided while initiating and authorising any Transaction using the App. You / Payer shall be solely responsible for providing incorrect details of the Beneficiary like the UPI ID or mobile number, etc. due to which the fund may be transferred to an incorrect Beneficiary. You understand and agree that such amounts once credited to the Beneficiary’s Account or debited to the Payer’s Account cannot be reversed by GenWise or the User.
   
   

4. You agree and acknowledge that:

• GenWise is only a facilitator of the Transactions initiated by you and shall not be responsible for any Transactions processed basis the instructions and information provided by you through the App.

• GenWise will not be responsible for the products, services or any other transaction in respect of which the App is used to make or receive payments through the Features and the User shall not have any claim against GenWise in this regard.

• In the event of any dispute, GenWise records shall be binding as the conclusive evidence of the Transactions and other activities carried out through use of the App.

• GenWise  shall not be responsible for any communication or data provided by you through or in the App.

• GenWise shall not be a party to any refund, chargeback or other disputes between the Payer, Beneficiary and or their respective banks. GenWise shall have no liability or responsibility to share any data with any entity in case of a dispute or claim related to Transactions carried out through the App.

• GenWise shall not be responsible for storing any transaction data or transaction history beyond its internal policy in this regard and such transaction history may be made available by GenWise as an add on service at its sole discretion.

• The Transactions are authorised by the User and validated by Issuing Bank and may be subject to chargeback (applicable for person to Merchant Transactions only) and other complaints raised through the App.

• The Services shall be subject to the guidelines prescribed by the RBI from time to time, if any. 

• UPI Lite

For availing UPI Lite Services, refer to  UPI Lite T&C 

• Risk Free Passbook

This service allows you to view your bank(s) account statements over the Platform and analyze them for better personal financial management. All data and other information retrieved by Company is for informational purpose only and not for any trading or transactional purposes. In case you wish to carry out any transaction, refer to the platforms of the respective Banks/Financial Information Providers

The Company is a certified Financial Information User (FIU)* in the account aggregator ecosystem (as per Master Direction – NBFC- Account Aggregator (Reserve Bank) Directions, 2016) courtesy its Investment Advisor License mentioned above. 

To avail this service, you are required to complete following steps through company's platform:

1. Register on the portal of the RBI regulated Account Aggregator (with an NBFC- AA License) and accept its terms and conditions

2. Give your consent to the Account Aggregator to share your financial data with Company (FIU) 

3. Allow the Company to display your financial data on the Company’s Platform.

*Please note that Financial Information User are entities which are regulated by RBI/SEBI/IRDA or similar financial sector regulators

# In certain instances, it may take time for certain transactions to update and get reflected in the Risk free passbook available on the Platform

## Please note that some of the banks may not be available on RBI Account Aggregator framework

### Please note that for any queries pertaining to any transaction in your bank statement, please contact your bank directly. The company is not responsible for any errors in the provided information and does provide any waranty with respect to such information. 

• Whatsapp Greetings

The Platform offers a wide catalogue of customizable Content made available on the Platform to you. You agree that the Content or any customized Content shall only be used for non-commercial purposes only.

The Company hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Content worldwide, in perpetuity, for non-commercial purposes only. The Company or the Platform shall not be liable for any loss, damages, claim, penalties, fines of any nature, whatsoever due to the usage of Content.

Any customization or modification of the Content shall not lead to Content becoming defamatory or derogatory or obscene or deceptive advertisement or campaign or hurt any religious sentiment of any community or infringe any third-party mark or logo or in contravention of any applicable law. You shall be solely liable for any customization or modification to Content made available on the Platform.

Content shall mean the images (include still photographs, vectors, drawing, graphics), videos (include moving images, animation, films, audio/video representations, video elements, visual effects) and music (includes musical compositions, recordings, sounds or series of sounds) available on the Platform.

• GenWise Videos

The Platform offers a wide catalogue of content (include videos, photographs, graphics, musical compositions, sounds, recordings, moving images, animation, films, audio/video representations, video elements, visual effects) . You agree that the content shall only be used for non-commercial purposes only.

The Company hereby grants you a non-exclusive, non-transferable right to use and share content worldwide, in perpetuity, for non-commercial purposes only. The Company or the Platform shall not be liable for any loss, damages, claim, penalties, fines of any nature, whatsoever due to the usage of Content.

In addition to its own content, the platform also embeds content from other notable platforms like YouTube. Usage of that content will be governed by the policy of respective platforms 

• GenWise Saathi (Audio/Video/Chat) - Human Services

The Platform allows you to reach out to contracted third party agents for seeking assistance on a) various life issues and b) getting emotional and mental support on call . These discussions will be recorded for training and quality purpose only. We refer to these individuals who help you discuss any issue which you may want to discuss as “Saathi”, for the sake of terminology. Please note that the photo and name shown on the platform may be different from actual Saathi details.

For providing the assistance, the agents may request you to share your screen with them or seek your permission to share their screen with them.

You are requested not to share any confidential details such as private medical history, credit/debit card details, net banking details, ATM/UPI PIN, Phone Number Email with the agents. The Company or the Platform shall not be liable for any loss, damages, claim, penalties, fines of any nature, whatsoever due to such sharing such confidential data.

Though to the limited extent possible, we verify all “Saathi” associated with us, we do not conduct verification of each and every assertion made by the "Saathi" and our vetting process is basic due diligence. 

We cannot, at any point in time, be held to be responsible, if any information declared by any "Saathi" may prove to not be an accurate depiction of his or her portrayal, accomplishment, experience, or circumstance. The photos you see of "Saathis" on our platform are not their real images

You understand that these “Saathi” we curate to adhere to your optimum customer expectation, are not our employees or under our employment in any way, and are individuals contracted with us directly or through a third party for the limited purpose of helping you discuss your problems, concerns, issues, inhibitions, or general feelings and thoughts, in an associated role (experience sharing interaction) and each of these individuals are liable for their own conduct, behavior, disclosures, revelations, advice or suggestion.

You undertake to proceed only with the declared understanding that we are not certified to give or prescribe medical or psychological care or assistance to any user, and are only a platform that enables you to discuss your problems, concerns, issues, inhibitions, or general feelings and thoughts, with our ‘Saathi’ who, as per their disclosed life experience, may now be in a position to lend you an ear, support you by discussing your concerns and/ or suggest you alternatives to tackle your situation, in a non-professional way, without being liable for these discussions. We actively encourage you to seek professional assistance through government agencies like hospitals, police, fire department, etc., should you be at any medical, psychological, or physical risk, and need help.

Any sort of misbehaviour or misconduct with these "Saathi" will lead to permanent suspension of the user (along with E-wallet) from GenWise platform

• GenWise Astrologer

The Platform allows you to reach out to contracted third party astrologers for seeking assistance on various life issues . These discussions will be recorded for training and quality purpose only. 

For providing the assistance, the astrolgers may request you to share your screen with them or seek your permission to share their screen with them.

You are requested not to share any confidential details such as private medical history, credit/debit card details, net banking details, ATM/UPI PIN with the astrologers. The Company or the Platform shall not be liable for any loss, damages, claim, penalties, fines of any nature, whatsoever due to such sharing such confidential data.

Though to the limited extent possible, we verify all astrologers associated with us, we do not conduct verification of each and every assertion made by the individual and our vetting process is basic due diligence.

We cannot, at any point in time, be held to be responsible, if any information declared by any astrologer may prove to not be an accurate depiction of his or her portrayal, accomplishment, experience, or circumstance.

You understand that these astrologers we curate to adhere to your optimum customer expectation, are not our employees or under our employment in any way, and are individuals contracted with us for the limited purpose of helping you discuss your problems and each of these individuals are liable for their own conduct, behavior, disclosures, revelations, advice or suggestion.

• Horoscope

The Platform sources your horoscope through a third party based on declared input parameters and shares the same with you. The platform does not endorse, recommend, verify, evaluate or guarantee any advice or information mentioned in the horoscope nor does it warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content.

• GenWise Events/Community

The Platform offers its users to connect with each other through events and community on Zoom, Google Meet Facebook and Whatsapp. Enrolling for this feature is also subject to your acceptance of the terms & conditions of respective website/app (Zoom, Google Meet and Whatsapp) 

• GenWise Saathi (Audio / Chat) - AI sercices

The Platform offers its users to connect with Artificial Intelligence based service. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. 

When you use our Services you understand and agree:

• Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.

• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.

• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. 

• Our Services may provide incomplete, incorrect, or offensive Output that does not represent GenWise's views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with GenWise.

Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.  

• GenWise Friends and Club

The Platform offers its users to connect with each other and exchange information through various means (Type, Audio, Video) either in 1-1 mode or public mode

When you use our Services you understand and agree that you will not:

• Misrepresent your identity, age, any profile attribute or affiliations with a person or entity;

• Use the Services in a way that damages the Services or prevents their use by other users;

• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks;

• Use our Services for any harmful, illegal, or nefarious purpose;

• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause psychological harm;

• Post or share Prohibited Content as per the law

• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;

• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

• Use another user's account;

• Use our Services in relation to fraud, a pyramid scheme, or other similar practice;

• Disclose private or proprietary information that you do not have the right to disclose;

• Upload viruses or other malicious code or otherwise compromise the security of our Services;

• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

• Probe, scan or test the vulnerability of our Services or any system or network;

• Encourage, promote, or agree to engage in any activity that violates these Terms;

• Create a new account after we suspend or terminate your account, unless you receive our express permission; or

• Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded.

You are responsible for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or to legal liability. While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.   

The platform is allowed to use any public content you share on the platform for its commercial and non-commercial use

• E-Wallet

In order to facilitate the purchase of the goods and services on the Platform, the Platform will provide you a closed loop pre-paid instrument (“E-Wallet”) operated by the Company. The value stored and/or added into the E-Wallet is not insured or guaranteed by any person or entity.

The E-Wallet can only be used to purchase the goods and services on the Platform. Your E-Wallet can be loaded either through credit card/debit card/UPI/Net banking/any other RBI approved wallet. The balance available in the E-Wallet is non-transferrable to any other E-Wallet on the Platform.

The Company reserves the right not to accept E-Wallet or otherwise limit use of a E-Wallet if it reasonably believes that the use is unauthorized, fraudulent, or otherwise unlawful. Further, misuse of the E-Wallet or its benefits in any manner may result in disablement of the E-Wallet and/or withdrawal of benefits at the sole discretion of Company.

The Platform may charge you a convenience fee for enabling the loading of E-Wallet which will be displayed at the time of the loading.

All amounts loaded onto your E-Wallet are held and denominated in Indian Rupees. E-Wallet balance is non refundable

In case of the closure of E-Wallet or suspension of the E-Wallet, the money lying in your E Wallet, after adjustment of any cashback/fraudulent transactions/bonus already given, may be returned back to the source or in user’s bank account on Company's discretion. The Company may require you to submit certain additional documents before refunding the money.

MODIFICATIONS

The Platform reserves the absolute and unconditional right to change or discontinue, amend, alter, change, modify, discard, replace any aspect or feature or service available on the Platform (including, but not limited to, the contents, hours of availability and equipment/ information needed/required for access or use) or add any other terms and conditions to this Platform and the Terms of Use of the Platform. The Platform may, also discontinue disseminating any portion of information or category of information, change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Any such amendment, alteration, change, modifications, replacement or addition shall become effective immediately upon being used by the Platform or being posted to the Platform. It is Your sole responsibility to check the Platform from time to time to view any such changes in the Terms of Use and the Privacy Policy. If You do not agree to any such amendment, alteration, change, modifications, replacement or addition, if and when such changes are made to the Terms of Use and the Privacy Policy, You must cease use of the Platform. Your use of the Platform after such amendment, alteration, change, modifications, replacement or addition to the Terms of Use and the Privacy Policy indicates that You agree to such modified Terms of Use and/or the Privacy Policy.

GENERAL DISCLAIMER AND LIMITATION

Although the Company has attempted to provide accurate information on the Platform, the Platform assumes no responsibility for the accuracy of the information. The Platform makes no representations in respect of the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Platforms for any purpose.

All information, software, products, services and related graphics are provided on this Platform is “as is” and “as available” basis with without warranty of any kind, either expressed or implied.

The Platform disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. Company makes no representation about the suitability of the information, software, products, and services contained on this Platform for any purpose, and the inclusion or offering of any products or services on this Platform does not constitute any endorsement or recommendation of such products or services.

The Platform makes no warranty that the use of the Platform will be uninterrupted, timely, secure, without defect or error free. You expressly agree that use of the Platform is at your own risk. The Platform shall not be responsible for any content found on the Platform. Your use of any information or materials on this Platform or otherwise obtained through use of this Platform is entirely at your own risk, for which the Company shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this Platform meet your specific requirements. You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

You acknowledge and understand that the Platform may contain links to other web Platforms operated by third parties (“Third Party Platforms”). You further acknowledge that, when You click on a link to visit a Third Party Platform, a frame may appear that may contain the Platform logo, advertisements and/or other content selected by the Platform. You acknowledge that the Platform neither endorses nor is affiliated with the Third Party Platform and is not responsible for any content of any Third Party Platform or any link contained in a Third Party Platform, or any changes or updates to such web Platforms.

You also acknowledge that the Platform is providing these links to You only for your convenience. The Platform does not endorse in anyway any advertisers/ contents of advertisers on the Platform. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. the Platform shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of those advertisement or otherwise in relation to such Third Party Platform.

The third parties providing services through this Platform or through which certain services are enabled are independent affiliates and the Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any third parties. Company has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.

In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform, with the delay or inability to use the Platform or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Platform, or any interaction between you and other participants of the Platform or otherwise arising out of the use of the Platform, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Platform or any of its affiliates/suppliers has been advised of the possibility of damages.

You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Platform, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the Platform or participation in any Platform's activities. If you are dissatisfied with the Platform, or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the Platform.

You must have internet access and/or mobile connectivity for using the Platform and/or Platform Services. The Platform will try to ensure that Platform availability is uninterrupted and that transmissions will be error-free. However, the Platform cannot, guarantee that Your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.

DISCLOSURE OF INFORMATION

You acknowledge and agree that the data and information provided by you may be shared with third to provide the Platform Services to you.

You further acknowledge, consent and agree that the Platform may access, preserve and disclose your account information and the content you upload, post, or otherwise make available on the Platform if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Central, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any such content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Platform, its users and the public.

INTELLECTUAL PROPERTY RIGHTS

All the trademarks, logos, designs and service marks ("Marks") displayed on the Platform is the sole property and is in the exclusive right, title and ownership of the Company and/or are used under proper authorization from the owner/authorized person of such Marks.

You are not permitted to use such Marks without prior written consent of the Company

TERMINATION

In addition to the rights above, the Platform shall have the right to terminate or suspend access to the Platform at its sole discretion, if the You are found to be in breach of these Terms of Use or the Privacy Policy. You further accepts that the Platform shall incur no liability for such termination or suspension. Further, in the event there is any unauthorized access to the Platform, the Platform reserves the right, at its sole discretion, to cancel subscriptions, terminate accounts without giving You any prior notice.

INDEMNITY

You expressly agree that You shall indemnify, defend and hold the Platform and its affiliates, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, or partners (“Indemnified Parties”) harmless from and against any and all third party claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including attorney’s fees (“Claims”),that may be asserted, granted, imposed or brought against the Indemnified Parties due to or arising out of your use of the Platform, or other users of the Platform using your computer, of any intellectual property or other right of any person or entity including without limitation on account of the followings:

• • infringement or alleged infringement by You of any rights in and to patents, trademarks (registered or unregistered), service marks, logo, design rights, copyright, rights to extract or re-utilise data from a database or other database rights, registered designs, confidential information and any other industrial or commercial property right whatsoever, whether existing now or in the future of any third party; or

  • use or misuse of the services of the Platform by You; or

  • if You breach any of the Terms of Use or/and Privacy Policy; or

  • if any representation and warranty made by You being incorrect, false and misleading in any manner whatsoever; and

  • any third party claim or any offence committed by You in any manner whatsoever and under all applicable laws.

CONTACT US

To ensure that your concerns are addressed and resolved in a timely manner, Bharatage Innovations Private Limited (GenWise) has formulated an escalation matrix as set out below.

Level 1: Customer Support

Email: contact@genwise.club
Call:  +91-9319192260
Timings: Monday to Saturday 10 AM to 7 PM

Our customer support aims to resolve all your complaints within 3 business days

Level 2: Escalate to our Grievance Cell

Email: grievance@genwise.club

Working hours: Monday to Friday from 10:00 a.m to 7:00 p.m. We aim to resolve your complaint within 10 business days.

MISCELLANEOUS

These Terms shall be governed by, construed and enforced in accordance with the laws of India without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Platform, shall be brought only in either the courts located in Delhi, India, and you expressly consent to the jurisdiction of said courts.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the partie' Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.