Terms and Conditions

Welcome to the Genie App!

These Terms & Conditions thereby declare the operations of the Genie (also referred to as ‘Genie’, ‘we’, ‘us’ and ‘our) – effective for the customer’s (also referred to as ‘customer’, ‘user’, ‘host’, ‘guest’, ‘owner’ and ‘rentals’) services since dd-mm-year.

Customers are hereby requested to read the following Terms & Conditions carefully, as these define the legal aspects, jurisdiction limitations, elimination, remedies, willful compliance with arbitration and other governing laws. Moreover, these Terms & Conditions define a binding agreement between the customer and us, the Genie – in case a user makes a decision to use our services via web-based, mobile application or any other platform.

Disclaimer: The Genie may introduce an App for Android/iPhone users in the near future. In any such case, the user will be introduced to the Genie’s App, via web-based, email-based notification as well as via social media handles. Involvement in any seemingly risky activity of the Genie may prove not to be affordable/well for the user/owner and the host/guest shall be responsible for any resulting mishap/damage/injury. The user/owner, therefore, shall be solely responsible for the choices he/she makes and moreover, exempt the Genie within the lawful permissible conditions from all the injuries/loss/theft/death/accident. Moreover, the user/owner should abide by the laws/legislation of the destination/location and as well as of our Terms & Conditions. The user/owner is liable to investigate/cross-check carefully the Terms & Conditions/Agreements of the Genie within the lawful permissibility regarding the Listing/Catalog.

The Genie - Introduction

We, the Genie provide our services as an ‘online rental service provider for photoshoot purposes’. These services currently include luxury ‘boats, ‘cars’ and ‘houses’. The aim of the Genie is to connect the signed-up house/car/boat owners with potential customers. By accessing our services, customers can rent within a defined time-limit house/car/boat for photoshoot purposes.

These Terms & Conditions define the insurance agreements, rentals services, assistance terms as well as the user policies, as defined by the Services Agreement between the user and us.

Disclaimer: The Genie does not take any kind of responsibility for any dispute/conflict between the ‘rental’ and the ‘owner’ in any case.

For any assistance regarding any clause of the Genie’s Terms & Conditions or any of our services, kindly reach out to us at +1 (786) 302-9144 or email us at info@thegenieapp.com. For SouthEastern Americans, customers can reach out to us at our corporate office in Miami, Florida.

General Terms

Accessibility Criteria

For the car/boat rental services, the user/customer must be a licensed driver and must be exceeding the age limit of 18 years, as required by the governing laws of the United States.

Moreover, the user needs to be a lawful citizen/organization/legal entity of the United States with a good reputable standing within the society, so as to be able to comply with any legal binding agreement.

Note: If any user is found guilty of hiding/embezzlement of the driving/property records, his/her account shall be suspended immediately. Moreover, the Genie reserves the right to accept/reject user/owner account.

Portal Accessibility

In order to be able to access our, the Genie’ rental services/offers/discounts/bookings and/or publishing listings/reviews/queries, the user is required to create his/her account on our web-based platform. The sign-up can be carried out either through email-based sign-up or by signing up via any of the valid social media handles (such as Facebook, Google, Twitter, LinkedIn).

The user is requested to provide the updated, complete as well as authentic information. Furthermore, the criteria to access our full-fledge services are subjected to multiple constraints, including but not limited to meeting the age & legal requirements, meeting Reviews & Rating threshold, verification/scrutiny process, user’s membership/cancellation history and compliance with additional Agreements.

Note: The user/owner/honest reserves the right to disconnect the email/social-media account any moment via the ‘Settings’ tab. The user can look/check out Genie’s website as a guest user, with the intention of no subscription to our services. If a user/owner finds relevant conflict between the Terms & Conditions and the constraints/conditions of the specific area/service of the Genie, the Terms & Conditions will take precedence, unless discreetly mentioned otherwise.

Verification Process

The moment the user decides to book our, the Genie’s services (car, boat and/or house) for the purpose of the photoshoot, the user is liable to provide us with the ‘personal information’ – which uniquely defines the user. Moreover, the user is liable to provide his/her complete/accurate information. The verification is carried out in order to cross-check the legal aspects of the users/owners registered, criminal record, the legal status of the car/boat/property owned as well as the license/challan based details.

To verify a user/owner on the internet, the process may be exposed to multiple scams/fraudulent schemes. In order to avoid any such mishap/fraud/scam as well as to verify a user/vehicle/house’s documents, Genie may acquire the services of the third-party/ service provider via written and authorized agreement in accordance with the Fair Credit Reporting Act, and to its discretion may obtain/store/utilize additional information and/or correct information. For the verification process to be executed smoothly, the Genie may have to provide relevant information as well to the third-party/service provider. The user/owner is obliged to cooperate with us in providing the relevant additional information.

Note: We, the Genie are obliged to collect/save/screenshot the user’s provided information for the sole purpose of verification. However, we are not entitled to check the screen/verify the identity/authenticity of the users/owners/vehicles/boats/real estate property in any case. Moreover, we do not ensure the safety/security of the owner’s vehicle/real-estate property, as well as do not establish road/marine safety of the vehicle/boat and or other protection of the real estate. The owners are thereby solely responsible for the clean/hygienic state of the vehicle/house, safety recalls, missing/tarnished titles or any other requirements not mentioned within the eligibility criteria.

Information Modification/Alteration

We, the Genie reserves the right at its sole discretion to update/change/modify the Agreement/Terms & Conditions anytime. The updated Terms & Conditions will be available to the public via our web-based platform.

The user will be informed of the updated Terms & Conditions via a pop-up on the website and they will be effective the moment they have been updated/changed/modified, as will be evident from the ‘Last Update’ date tag. If the user/owner/host no longer wishes to comply with the updated Terms & Conditions, he/she will have to terminate the Agreement before the last date of the effective revised Terms & Conditions.

The user/owner can create only one account for the Genie’s web-portal. Moreover, the user can not disclose the Genie’s credential with any person/third-party/service provider as well as he/she is liable to all the activities conducted via his/her account, otherwise in any case of any neglect on your behalf, any unauthorized use of his/her account or any possible data breach/hack.

We, the Genie also allow the user to make/cancel authorized bookings on behalf of the other user/s via the ‘host’ option. Similarly, the same goes for the third-party/business authorized access to take actions on behalf of the user.
Note: The user/owner reserves the right to agree/disagree with the modified Terms & Conditions, However, in case of disagreement, the user/owner may have to altogether stop using our services. Furthermore, the user will be informed/notified of the service termination via email notification. If the user suspects any illegal/fraudulent/unauthorized use of his/her Genie’s user account, the user must inform us immediately. The access to the other Genie’s user/third-party should not require the sharing of the user’s important credentials with the later one.

User Commitment

The user hereby agrees to use the Genie’s services under the lawful conditions and in the best interest of both him/herself as well as of the Genie’s Terms & Conditions/Agreement.

As a vehicle/boat/real-estate owner/host, he/she must agree to provide a legally registered, authentic, hygienically approved, mechanically fit (for vehicle/boat), insured, untarnished/scratched/written-off number/HIN plate (for the vehicle/boat) as well as property documents & condition check-list (for the house).

As a guest, the user is legally bound to possess a current/functional driving license (vehicle/boat) along with other legal/citizenship documents and share with the host at the time of the exchange. Moreover, the user is expected to return the vehicle/boat/property similar to the condition when handed over by the owner.

Note: Both the user and owner are obliged to provide on-time on-spot services. If the user and/or owner fail to provide on-time or as expected services, the guilty party will be charged with the surplus amount.

Content Provision

We, the Genie, allow the registered user to post/upload/save/download the authorized content (text/infographics/images/videos/GIF/Audio) on our website at our sole discretion. Moreover, any registered/unregistered user is allowed to access the website content, as made public on behalf of us or the user.

The content or portion of a content, whether of the Genie and/or of the user) may be subjected to copyright laws, privacy conditions, trademarks and the governing laws of the United States. These include but not limited to the Genie’s logo, service marks, trademarks, promotional content, trade names, video-content, audio-files as well as the user’s profile photo and any other relevant non-published/non-identifiable/non-personal data. However, the trade-marks/logos/trade-name or any other identifying information of the third-party/service providers in legal binding with the Genie for the purpose of verification is subjected to the later’s Terms & Conditions.

We, the Genie, therefore, give the user non-revocable/non-transferable/limited access/download/view the overall Genie’s authorized public content, via any electronic medium (Laptop/PC/Mobile/Tablet/Smart TV). Moreover, the user who wished to use our services, they provide us with unlimited/non-revocable/transferable/royalty-free worldwide access to his/her data. The user’s personal data – provided at the time of account registration (first and last name/date of birth/GPS location/Identify Card information/vehicle and boat registration information/property-related information/address/contact information/email id), as well as non-personal data (preferences/likes & dislikes/survey data/reviews/ratings), shall be used by the Genie either to authorize the user/owner and/or vehicle/boat/real-estate or to carry out statistical analysis for marketing/outreach purposes.

The user/owner is the owner of the content posted on the Genie’s platform as well as the owner of the content rights, ownership and transferable permission, which will be willfully granted to the Genie. Moreover, the posting/uploading/sharing of any of the user’s content or the utilization of the users’ generated content by the Genie will violate the privacy/trademarks/trade name/trade secret of the signed-up third-party/service provider. Similarly, the user/owner is expected to respect the privacy of the information posted by any other user and/or us on the Genie’s web-platform. The user/owner shall not get involved in any illegal/harmful/deceiving act to exploit the Genie’s and/or the other registered customer’s data.

We, the Genie has a team of professional photographers who will be responsible for the professional shoot of the owner’s vehicle/boat/house, to be included in their Listings/Catalog for the sole purpose of marketing and outreach only. The image uploaded on the Genie’s website may or may not carry the watermark/logo of the Genie. If the user/owner decides to delete/remove his/her Genie’s account, he will give the authorized/revocable/unlimited/transferable access to the Genie to utilize the images/photos even then. Moreover, the user/owner/host will be given the non-transferable/non-revocable/limited access to the photos/images of his/her property/vehicle/boat.

Note: The user is not allowed to change/update/delete/manipulate the copyrighted/trademarked Genie’s as well as the user’s content/data. In case, a user/owner is found guilty of manipulating the registered members and/or the Genie’ data/content, the user account shall be suspended immediately and necessary legal action must be taken, given the complexity and scale of the data breach/manipulation.

Service Charges

We, the Genie may devise service charges/fees for both the user/guest as well as the host/owner. The charges vary for the service categories, the account type of the user/owner (basic/standard/premium) as well as for the time period service has been acquired.

Moreover, before any service acquisition, the charges are displayed both to the guest and the host. The user/owner will be entitled to pay any service fee/charges (including the Tax) he/she owes to us. These service fees are non-refundable and will be inclusive of the total fee/payment collected on behalf of the guest and/or owner.

Note: We, the Genie reserve the right to alter/change/update the service charges at any moment. The user will be notified of the updated charges via website-based pop-up as well as via email notification. Furthermore, the user/owner will not be charged with the updated/new/revised service fee before the effective date.

Limitation of Liability

The user/owner/guest/host/customer hereby acknowledges to his/her permissible extent that any interaction with the Genie web-platform/services, posting/uploading/sharing of the content on any of the Genie’s platform, or any interaction with the Genie’s registered guests/owners shall be owned by the user/owner himself/herself.

In case of any unavoidable natural disaster/security breach/system failure, we, the Genie, and any of our service provider shall not be responsible for any data theft/misplace/loss, property/vehicle’s misuse/accidental damages/illegal use, otherwise mentioned within our Terms and Conditions and as directed by the law enforcement agencies/governing bodies/legislative body.

Note: For any mishap/death/theft/misuse from any registered member of the Genie, the applicable laws and limitation of liability may exceed/disagree with the above-stated Terms and Conditions.

Indemnification

The user/owner/guest/host/customer within the permissible lawful constraints agrees to indemnify, defend and hold the Genie as well as its subsidiaries, employees, directors, managers and/or any affiliation free from any liabilities, claims and/or legal fee/charges.

These liabilities/claims may arise from the inappropriate use of the Genie’s platform and breach of Terms & Conditions of the Genie’s or any subscribed third-party/service provider on behalf of the user/owner, any interaction with the member/owner of the property/vehicle/boat, our remittance/collection of residency based Taxes.

Note: Any damages/loss/theft/misuse occurring from interaction with any user/member of the Genie shall not be claimed from the Genie on behalf of the user/owner.

Arbitration Agreement

These following Arbitration Terms & Conditions apply if the owner/user/host/customer/guest is the living resident of the United States. This claims that the user must agree to resolve the issues with a goodwill approach.

The Arbitration Agreement should be covered by the American Arbitration Association (AAA) and include the following clauses:

  • All the claims should be registered on the AAA online portal.
  • Arbitration’s initial fee for the customer must be around $200.
  • Arbitration must be based on neutral agreements.
  • Customer/user/owner/host/guest reserves the right to select the location of the hearing, the mode of interaction (audio/video/in-person) and claim under $25,000, given the required documents have been provided.
  • The parties pertaining to reimburse the damage’ claims can return the money within the permissible installments.
  • The arbitrator can provide the remedy on behalf of the party reimbursing the damages to the claiming party.

Note: Before initiating any arbitration, the user must notify the Genie beforehand of the claims, via email notification or contacting us via our contact info.

Guest-defined Agreement

The following Terms & Conditions are user/guest specific only:

  • Booking – All related fees, Terms & Conditions, ratings/reviews and the photographic review of the vehicle/boat/house should be provided to the user before the booking. Once the booking is placed, a legal binding between the user and the owner is formed, and for booking on behalf of the guest, the relevant agreement should take place. The fee for the additional/co-player must be divided as per the Agreement between the involved parties. The user is responsible for all the Agreements/Clauses of any choice made via our platform. Moreover, the Genie’s based credits shall be applicable to eligible bookings only.
  • Refunds/Cancellation – For any modification/alteration/update/cancellation of the bookings should be applicable to the host and guest. The guest/user can cancel the booking within the given time constraint. However, in case of the cancellation of the confirmed booking, the guest will redeem the full amount to the host. During a possible threat, a host may alter the service provided at the given moment. Due to certain unavoidable conditions, we, the Genie may cancel the services/bookings and in such case, the refundable amount shall be in accordance with the Refund Policy.
  • Conflict Resolution – In case the user fails to return the property/vehicle/boat within the same condition as at the time of service provision, the guest should be solely responsible for the recovery/reimbursement of the damages. If the host/owner provides substantial evidence of the damages caused by the user/guest, the owner can receive the reimbursement via the Genie. The user should be liable to abide by the damage claim and any other claim. The user must also agree to provide relevant information as requested. Moreover, on behalf of the host/owner, the Genie reserves the right to make any claims on behalf of the damages/issues arising on his/her behalf. And shall make amendments/reimbursements to the guest, as defined by the lawful clauses and Terms & Conditions. Moreover, the Genie reserves the right to collect the Damage claim’s payment on behalf of the owner/guest.
  • Review and Rating – After a certain time of the booking service acquired, the host, as well as the guest, can publicly review the service. The reviews/ratings shall be accurate and shall not include any defamatory/derogatory terms and they will be part of the user/owner/host/guest public profile as well as the Listings/Catalogs/Services. Moreover, the users can not manipulate/change/alter the ratings and reviews.
  • Taxation – Any owner/host member of the Genie is liable to collect/submit/remit/include Tax/VAT/tourist-based/residency-based fee/charges within the Listing/Catalog fees. Moreover, we, the Genie reserve the right to collect Occupation/Driving charges/fees from the guest on behalf of the owner. The owners/host must include the appropriate/correct information regarding the tax-based information. Moreover, we, the Genie reserve the right to omit our clause of collection of Occupancy/Driving based charges/fees at any moment.

Host-defined Agreement

The following Terms & Conditions are user/owner/host specific only:

  • Catalog Information – Before submitting Listing/Catalog item, the owner/user/host must ensure that he/she has provided the accurate/updated information to his/her information. Moreover, the owner shall be responsible for the price set for a particular service (vehicle/boat/house). The images of the property/vehicle/boat shall not be manipulated and must reflect the true condition only. The ranking/placement of the Catalog item is subjected to multiple constraints and once the service has been provided, a legal binding is formed. To avoid any mishap/damage, the hosts are requested to get their vehicle/boat/property insured.
  • Co-Hosting/Co-Player – The user/owner/host reserves the right to include co-host within their panel, via a legal binding/agreement. The responsibility of the selection of co-host shall fall solely on the owner and shall be responsible for any act/mishap on behalf of the co-host. The agreement between the host and the co-host/s can be terminated anytime and the host shall only be responsible for the actions prior to the termination moment. The termination of agreement can be caused by the Genie as well. However, the co-hosts ratings and reviews shall not be affected by the actions of the co-host/s.

The above Terms & Conditions/Agreement shall prevail only till the binding agreement between the Genie and the host/owner/user.

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