Terms Of Access...

This Agreement is a legal agreement between you and GenSoy that states the terms and conditions under which you may receive the GenSoy Service and use the GenSoy Web site. Your use of the GenSoy Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree to the terms and conditions do not use the Site or the GenSoy Service.

1. GenSoy Service. The GenSoy Service is a transaction, information and communication service available to authorized users ("customers") through a personal computer and communications connection using the GenSoy Web site. GenSoy currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.

(a) Grocery Shopping and Delivery Service.

(i) Local Service: GenSoy's employees, agents or designees will run shop and deliver grocery orders placed with the GenSoy Service. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of delivery. You are responsible for ensuring that someone (a person 21 years of age or older with appropriate identification if delivery includes liquor and/or tobacco) is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If GenSoy cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. GenSoy's liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.

(ii) National Service: GenSoy's employees, agents or designees will run shop and deliver national orders placed with the GenSoy Service. National deliveries will be shipped to the address specified when you place a national delivery order. Charges for merchandise and associated delivery fees will be billed to your credit card at the time an order is shipped.

If you are not satisfied for any reason with an item purchased through the local service, you may return it and it will be credited against your next GenSoy order placed through the local service. If you are not satisfied for any reason with an item purchased through the national service, you may return it to GenSoy and GenSoy will credit your account. While GenSoy strives to ensure that its online merchants provide GenSoy customers with the highest quality items, GenSoy is not liable for product quality, product availability, or discrepancies between prices displayed on the GenSoy Service and actual prices. Liability for products, product availability and price discrepancy lies solely with the merchants and vendors that provide them.

(b) Third Party Information Providers and Merchants. The GenSoy Service may permit you to order and receive products, information and services from businesses which are not owned or operated by GenSoy. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. GenSoy does not endorse, warrant or guarantee such products, information or services and is not liable for the accuracy, completeness or usefulness of such information, opinion or advice or the quality or availability of such products or services. GenSoy will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, services or information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the GenSoy Service.

2. License and Proprietary Rights.

(a) All rights reserved regarding Web site design, text, graphics, interfaces, and the selection and arrangement thereof, and all software with GenSoy. Permission is granted to view, electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with GenSoy for your personal, non-commercial use only. Any other use of materials on this Web site, including the reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written permission of GenSoy is strictly prohibited. GenSoy reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from GenSoy.

(b)All GenSoy logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of GenSoy or otherwise proprietary to GenSoy and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, their packaging and colour combination and company names or logos appearing in the GenSoy Service are the property of their respective owners.

(c) Except for public domain material, all material displayed on the Site is copyrighted. You may reproduce copyrighted materials solely for your own personal use provided that you preserve any copyright and other proprietary notices contained in or associated with such information. You may not otherwise copy and may not distribute, publish, commercially exploit or otherwise transfer such material, in whole or in part, without the prior consent of the copyright owner. You acknowledge that GenSoy and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material.

3. Customer Registration Data; Unauthorized Use. You agree to provide GenSoy with accurate, complete and updated information as required by registration for the GenSoy Service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify GenSoy of any change in your Customer Registration Data. You agree to notify GenSoy promptly of any unauthorized use of the GenSoy Service or loss or theft of your credit card or bank account number. You will remain liable for any use of the GenSoy Service until you notify GenSoy of the unauthorized use, loss or theft.

4. Fees, Payment and Access Expense. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use the GenSoy Service, including your children, relatives and other customers of your family or friends. Fees and charges will be assessed in accordance with the then current GenSoy fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the GenSoy fee schedule (which would include if a cheque is returned or electronic payment is rejected, or a redelivery charges or restocking charges are imposed), GenSoy may charge such amount directly to the credit card identified in your Customer Registration Data and GenSoy may suspend or terminate your access to the GenSoy Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that GenSoy may incur in its efforts to collect any unpaid balances from you. Your right to use the GenSoy Service is subject to limits established by GenSoy or by your credit card issuer. If payment cannot be charged to your credit card or a payment is returned to GenSoy for any reason, including chargeback, GenSoy reserves the right to suspend or terminate your access to the GenSoy Service and your customer account. GenSoy reserves the right to establish a credit limit for your account.

You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the GenSoy Service. You should contact your local telephone company if you have a question about whether an access number is a long distance or toll call from your location.

5. Changes in Agreement, Fee Schedule or GenSoy Service. GenSoy may at any time change any of the terms of this Agreement or the GenSoy fee schedule including changing the amount of, or basis for determining, any fees or charges for the GenSoy Service, and instituting new fees or charges. If GenSoy makes material changes to this Agreement or changes to the GenSoy fee schedule, GenSoy will provide notice to you in a manner provided in this Agreement. Your use of the GenSoy Service after any such change will be conclusively deemed acceptance of such change. GenSoy may also discontinue or revise any or all aspects of the GenSoy Service without prior notice to you. If any change is unacceptable to you, you may cancel your GenSoy service and terminate this Agreement but GenSoy will not refund any remaining portion of the monthly or other periodic fees.

6. Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THE GENSOY SERVICE, THE SITE AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GENSOY SERVICE, THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND GENSOY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GENSOY SERVICE, THE SITE OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GENSOY SERVICE AND GENSOY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GENSOY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF INFORMATION, PRODUCTS OR SERVICES. GENSOY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

The material in the Site is provided for lawful purposes only. GenSoy controls and operates this Site from its headquarters in Mahakosh House, Indore(M.P.), INDIA and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

7. Limitation of Liability. NEITHER GENSOY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS (COLLECTIVELY, "GENSOY ASSOCIATES") SHALL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INTERNET. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND. WITH RESPECT TO ANY OTHER DISPUTE ARISING FROM OR RELATING TO THE GENSOY SERVICE, ANY LIABILITY OF GENSOY ASSOCIATES TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT OF DELIVERY FEES PAID BY YOU TO GENSOY IN THE SIX (6) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR RELATING TO THE GENSOY SERVICE OR THE GENSOY WEB SITE MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION AROSE.

IN NO CASE SHALL GENSOY BE LIABLE FOR COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. ARISING FROM YOUR USE OF THE GENSOY SERVICE, THE SITE, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH GENSOY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification. You agree to defend, indemnify and hold GenSoy Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.

9. Termination. GenSoy may suspend or terminate the GenSoy Service at any time for any reason with or without notice to you. You may terminate your GenSoy Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your GenSoy Service for any reason, you will not be entitled to a refund of any fees (including any remaining portion of any periodic fees). GenSoy reserves the right to collect fees and charges incurred before you cancel your GenSoy service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

10. Privacy Policy. Your privacy is very important to GenSoy. GenSoy does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers outside the scope of the GenSoy Service. GenSoy reserves the right to disclose aggregated information regarding its customers and usage of the GenSoy Service (such as customer demographics and traffic patterns) to advertisers, partners and others for various purposes.

11. Notices. GenSoy may give notice to you of a change in this Agreement, a change in the GenSoy Fee Schedule, and any other matter by general posting on the GenSoy web site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to GenSoy by telephone ((0731)518124-25-26 GenSoy), by electronic mail (as specified in the "Contact us" section of the GenSoy web site), or by conventional mail to:

MAHAKOSH HOUSE,7/5 SOUTH TUKOGANJ, INDORE(M.P.), INDIA.

12. Legal and Miscellaneous. This Agreement represents your entire agreement with GenSoy regarding the use of the GenSoy Service and the GenSoy Web site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and GenSoy. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the Indian laws. You expressly agree that exclusive jurisdiction for any claim or dispute with GenSoy or relating in any way to your use of the GenSoy Service or GenSoy Web site resides in the courts of Indore Jurisdiction. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

The provisions of Sections 6, 7and 8of this Agreement are for the benefit of GenSoy Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 6, 7and 8of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your GenSoy service.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL GENSOY CUSTOMER CARE AT MAHAKOSH HOUSE,7/5 SOUTH TUKOGANJ, INDORE (M.P.), INDIA.