Introduction
Welcome to Genius Private Ltd. (“Genius”, “we”, “us”, or “our”), operating the website www.geniusfits.com (the “Website”). Genius is a proprietorship business, registered under GST, and all applicable Indian laws govern our operations.
These Terms & Conditions (“Terms”) govern your access to and use of our Website, including any content, functionality, and services offered on or through1 www.geniusfits.com. By accessing, Browse, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Shipping Policy, Returns, Refunds, & Exchange Policy, and Privacy Policy,2 all of which are incorporated herein by reference.
If you do not agree with any part of these Terms, you must not access or use the Website.
1. Your Account & Responsibilities
1.1. Account Creation: To make a purchase or access certain features on our Website, you may be required to create an account. You must be at least 14 years old with a valid ID proof such as an Aadhar Card to create an account and make purchases. By creating an account, you represent and warrant that you are at least 14 years of age.
1.2. Account Information: You are responsible for providing accurate, current, and complete information during the registration process and for updating such information to keep it accurate, current, and complete.
1.3. Account Security: You are solely responsible for maintaining the confidentiality of your account login information (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
2. Products & Orders
2.1. Product Information: We strive to ensure that all product descriptions, images, and pricing on our Website are accurate and up-to-date. However, we do not warrant that product descriptions or other content are error-free, complete, or current. The colors you see depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate. Our products are designed to be skin-friendly for kids. In the rare event of a complaint regarding the material of a product, customers are encouraged to connect with us via email at borngenius2023@gmail.com.
2.2. Order Acceptance: All orders placed through the Website are subject to our acceptance. An order confirmation email does not signify our acceptance of your order, but rather an acknowledgment that we have received it. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product description, or suspected fraudulent activity.
2.3. Pricing: Prices are subject to change without notice. All prices are listed in Indian Rupees (INR) and are inclusive of GST, as the business is registered under GST. Any additional applicable taxes or charges will be clearly displayed during the checkout process.
2.4. No Customization: We do not offer any customization or personalized products. All products are sold as displayed on the Website.
2.5. Product Type: All products sold on www.geniusfits.com are physical clothing items. We do not offer any digital products or services.
3. Shipping, Returns, Refunds, Cancellations & Exchanges
3.1. Separate Policies: Detailed information regarding our shipping methods, delivery times, payment options, and the procedures for returns, refunds, cancellations, and exchanges can be found in our dedicated policies:
* Shipping Policy
* Returns, Refunds, & Exchange Policy
You agree to review and abide by these separate policies when making a purchase.
4. Intellectual Property Rights
4.1. Ownership: All content on the Website, including but not limited to text, graphics, logos, images, product designs, product names (e.g., GENIUS ESSENTIALS, REBELLIOUS ROARs, GENIUS IN THE MAKING), the brand name “Genius,” slogans (“Born to Defy,” “Young; Not Dumb”), our unique brand aesthetic elements, audio clips, digital downloads, and software, is the property of Genius Private Ltd. or its content suppliers and is protected by Indian and international copyright, trademark, and other intellectual property laws. The compilation of all content on this site is the exclusive property of Genius Private Ltd. and protected by Indian and international copyright laws.
4.2. Trademark Status: Please note that the brand name “Genius” is currently under the process of registration under India’s Trademark Law for Class 25 (clothing, footwear, headgear).
4.3. Unauthorized Use and Enforcement:
You acknowledge and agree that the ‘Genius’ brand name, its associated logos, product images, designs, slogans, and all proprietary content displayed on this Website are valuable intellectual property. Any unauthorized use, reproduction, distribution, display, or modification of our brand name, products, product images, designs, slogans, or any other proprietary content, in any public channel (including but not limited to social media platforms, websites, print media, or other digital/physical channels) without explicit prior written permission from Genius Private Ltd. or without appropriate and clear credit to the ‘Genius’ brand, is strictly prohibited.
In the event of such unauthorized use, Genius Private Ltd. reserves the right to take any and all appropriate legal actions under applicable Indian laws, which may include, but are not limited to:
* Issuing a formal cease and desist notice.
* Requesting immediate removal of the infringing content from the public channel.
* Filing Digital Millennium Copyright Act (DMCA) takedown notices or equivalent intellectual property infringement notices with relevant platform providers or internet service providers.
* Initiating civil proceedings for injunctive relief, damages, and recovery of legal costs.
* Pursuing criminal prosecution where applicable under Indian intellectual property laws.
5. User-Generated Content (UGC) & Prohibited Conduct
5.1. User-Generated Content (UGC): We encourage our users to share their experiences with Genius products. If you submit, post, or display any content (including but not limited to photos, reviews, comments) on our Website or social media channels (“User Content”), you grant Genius Private Ltd. a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Content for any purpose, including for marketing and promotional purposes, across any media.
* Credit for Use: When using our products or showing them on your public profile, you are required to give credit to the “Genius” brand in any form such as verbal, written, tag, share, or more.. Failure to do so may result in your content being subject to our unauthorized use policy (Section 4.3).
5.2. Prohibited Conduct: You agree not to engage in any of the following prohibited activities:
* Spamming: Transmitting unsolicited commercial messages or content.
* Misrepresentation of Brand Identity: Impersonating Genius, its employees, or other users, or falsely representing your affiliation with the brand.
* Association with Other Brands: Associating the “Genius” brand with other popular brands in India or globally in a manner that creates confusion, misleads consumers, or implies false endorsement without our express written permission.
* Misuse for Illegal Acts: Using the brand name or its products for any illegal activity, including, but not limited to, activities related to child pornography, which will be punishable by Indian law and will be immediately reported to the relevant authorities.
* Violating any applicable local, state, national, or international law or regulation.
* Any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Genius or users of the Website or expose them to liability.
6. Privacy
6.1. Your use of our Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your data as described in the Privacy Policy.
7. Disclaimer of Warranties
7.1. The Website and all products and services offered on it are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a18 particular purpose, non-infringement, or course of performance.
7.2.19 Genius Private Ltd. does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website or the materials results in the need for servicing or replacing equipment or data, Genius Private Ltd. is not responsible for those costs.
8. Limitation of Liability
8.1. In no event shall Genius Private Ltd., its proprietor, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
8.2. In any case, our aggregate liability arising out of or related to these Terms, whether in contract, tort, or otherwise, shall not exceed the amount you paid to us for the products or services in question.
9. Indemnification
9.1. You agree to defend, indemnify, and hold harmless Genius Private Ltd., its proprietor,employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.
10. Governing Law & Dispute Resolution
10.1. Governing26 Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
10.2. Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof. The arbitration shall be conducted by a sole arbitrator appointed mutually by both parties. If the parties are unable to agree on an arbitrator, the arbitrator shall be appointed in accordance with the rules of the Indian Council of Arbitration (ICA). The language of the arbitration shall be English. The seat and venue of the arbitration shall be [Your City, e.g., Ahmedabad], in the state of Gujarat, India.
10.3. Jurisdiction: Subject to the arbitration clause above, you agree to the exclusive jurisdiction of the courts in the state of Gujarat, India, for any legal action or proceedings arising out of or in connection with these Terms.
11. Changes to Terms & Conditions
11.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 3031 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
11.2. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
12. Miscellaneous
12.1. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12.2. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.3. Entire Agreement: These Terms, together with the linked policies mentioned herein, constitute the entire agreement between you and Genius Private Ltd. regarding your use of the Website.
13. Additional terms & conditions
For the purpose of these Terms and Conditions, The term “we”, “us”, “our” used anywhere on this page shall mean GENIUS, whose registered/operational office is RAM, LAXMINAGAR SOCIETY Opp. G.E.B. Colony Porbandar GUJARAT 360575 . “you”, “your”, “user”, “visitor” shall mean any natural or legal person who is visiting our website and/or agreed to purchase from us.
Your use of the website and/or purchase from us are governed by following Terms and Conditions:
- The content of the pages of this website is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on our website and/or product pages is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website and/or product pages meet your specific requirements.
- Our website contains material which is owned by or licensed to us. This material includes, but are not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in our website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of information provided by us shall give rise to a claim for damages and/or be a criminal offense.
- From time to time our website may also include links to other websites. These links are provided for your convenience to provide further information.
- You may not create a link to our website from another website or document without GENIUS’s prior written consent.
- Any dispute arising out of use of our website and/or purchase with us and/or any engagement with us is subject to the laws of India .
- We, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
14. Contact Us
If you have any questions about these Terms & Conditions, please contact us at:
Email: borngenius2023@gmail.com Phone: +91 7984257070
