Terms & Conditions

These terms and conditions of use (hereinafter referred to as the “Terms of Use”) is a legally binding document that lays down the User’s rights and obligations and that of Kirusa (hereinafter referred to as “Company”, “We” or “Our” or “myGenie”) with regard to the services provided by us. "Client", "You", "Your", the “User” and “Customer” refers to you, the person accessing the services and accepting the Company's Terms of Use. You and the Company may be referred to collectively as “Us” or “Parties” and individually as “Party”, unless the expression be repugnant to the context or meaning thereof. These Terms of Use will commence when the user installs and uses myGenie App on his mobile phone.


IN DOWNLOADING, INSTALLING AND USING “myGenie” MOBILE APP YOU ARE DEEMED TO HAVE READ AND AGREED TO THE TERMS AND CONDITIONS AS PROVIDED HEREUNDER:

WHAT IS THE APP AND WHAT DOES IT DO

myGenie App enables the user of the App to discover third party apps , The user is required to install and use these apps in exchange for which they are granted free Airtime credits by myGenie app. These Airtime credits or virtual money can be used by the user, subject to a minimum number of Airtime credits accumulated in the User’s Purse/ Wallet/ Account, for recharging or topping-up their mobile phones.

These Terms of Use, as may be modified from time to time, is applicable to every user who downloads myGenie mobile app through the Google Mobile App Store “PlayStore”. The services provided by the Company are subject to your acceptance of all the terms and conditions contained in these Terms of Use. The use of the myGenie App by you is governed solely by these Terms of Use and all the terms, conditions, rules, regulations and the laws contained herein.


Privacy Policy

The Privacy Policy is a part of these Terms of Use and your acceptance of the provisions contained herein is an automatic acceptance of the provisions of the Privacy Policy that deals with the handling of your personal data or information or any material that you may provide.


Eligibility

Any person who is below the age of 13 years is not authorized to install and use the myGenie App or any other services provided by us. If the person is below the age of 18 years but above 13 years, then, if located in a jurisdiction wherein the consent of a guardian is required prior to the use of our services, it will be assumed that such person has acquired the required consent. Every person who installs and uses the myGenie App and other services provided by us accepts and warrants that he/she is of the eligible age under the provisions of these Terms of Use.


Registration

Your registration will be accepted only if your mobile number/sim and mobile device are unique. If you are using single mobile number/sim and switching/changing multiple mobile devices or with single mobile device switching to multiple mobile sim/number is considered as unauthorized activity, hence myGenie reserves all the rights to suspend users wallet balance and turned to Zero.


Referral

Referral bonus will be issued to users only if the referred mobile devices and mobile numbers/Sim are unique, switching between mobiles devices and mobile numbers/Sim is considered as unauthorized referral activity and myGenie reserves all the rights to suspend wallet balance and turned to Zero.


Airtime Credits or Virtual Money

Every user who downloads, installs and uses the third-party apps available on myGenie App will be rewarded with Airtime credits or virtual money by myGenie. The credits that a User earns will be virtually stored in his wallet and can be used for recharging or toping-up their mobile phones or gift to another friend in the same country provided a minimum required value of credits have been earned or accumulated prior to availing the option of recharge. The User acknowledges that the minimum required value of credits in the wallet prior to availing the recharge option will vary from one jurisdiction to the other and will vary from time to time and the Company is under no obligation for providing any kind of explanation or reason for such variations. The User further acknowledges and agrees that the Company is not liable for the credits to be received by the User for downloading and using third-party App and that the third-party App owner is responsible for the conformation or rejection of these credits accruing to the User. The Advertiser/ Ad Network reserves the right to issue any explanation on why a particular confirmation for download was not given and Kirusa reserves the right to justify the reason for failure to provide the credit to the Customer. The User acknowledges and agrees to the following:

  1. Credits will be given only when the Ad Network/ Advertiser confirm to give the credit;
  2. The credit is valid only for the number which was used for first time registration in myGenie App;
  3. If the Customer changes his number the credits will not be transferred;
  4. If the credits are unused for more than 6 month or any other period that may vary from time to time then the credits will become invalid;
  5. The option of ‘Gift to a friend Airtime credits’ will be available only after accumulating a minimum value in the wallet;
  6. The minimum virtual value that is to be accumulated in the wallet could vary time to time and from one jurisdiction to the other;
  7. The value of virtual money is defined by Kirusa and will be added into the wallet only when the Advertiser/ Ad Network gives a positive confirmation for the download.


Recharge

The Company has collaborated with third party Vendors/Agency/Operators for the recharge of your mobile phones. You acknowledge and agree to hold the Company harmless in the event of any delay or cancellation of the recharge/top-up from the Vendor or Agency or mobile/network Operators/ Carrier end. It is customer’s responsibility to validate the mobile number to which number the recharge should be done, selection of the telecom operator/ carrier and the correct amount of recharge to be made in the myGenie App.


Modification of the Provisions of the Terms of Use or Our Services

We reserve the right to change, amend or modify, and make additions or deletions in the existing provisions of these Terms of Use from time to time, as and when required or necessary. We will make all the efforts that are required for notifying you of such amendments by posting alerts on our website. However, we are under no obligation of communicating such changes and it is up to you/ customer to check the terms and conditions of these Terms of Use periodically either from the myGenie App or on our website www.mygenie.co. Your continued use of the myGenie App and other services within the myGenie App will indicate your acceptance of the modified Terms of Use as from the date they are such modified.

We also reserve the right of making modifications to the myGenie App or any other service within the myGenie App or discontinue or stop the myGenie App or any other service within the myGenie App whenever required, with or without any prior notice and with or without a reason. You acknowledge and agree that we are not liable under any circumstances for making such changes or modifications and neither are we under any obligation of communicating these changes or modifications of the services to you or the reason thereof.

In case the Company discontinues or stops the myGenie App, the balance of the value of credits available in the account/ wallet of the Customer will be forfeited and the Company will be under no obligation whatsoever for making good any balance of the value of the credits to any User.

For clarity, any legal action or complaint by you against Kirusa or myGenie App will be governed according to the Terms of Use and the Privacy Policy as on the date of such an action or complaint.


Correctness of the Information Available on the myGenie App or Any Other Service

The Company is under no obligation to provide for updated or correct information on the myGenie App or any other service within the myGenie App. We will not be responsible for any decisions you make by relying on such information. Any decision you make by relying on the information provided is completely at your own personal risk.


Information/ Material Submitted by You

We assume that the information and material including but not limited to your personal data (name, contact details, E-mail ID, mobile number) that is provided to the Company by you is correct and true to the best of your knowledge. You are prohibited from providing any information or material which belongs to some other person, as your own. You acknowledge that and are fully responsible for any such information or material that you provide or submit or upload for using the myGenie App or any other services as provided.

We are not, in any way, responsible for the material or any information submitted by you on a public platform that has any adverse consequences thereof. You are required not to indulge in any activity of submitting, uploading, distributing or publishing in myGenie App in any manner whatsoever any material or information over (a) which you do not have any proprietary right; or (b) that which is obscene or vulgar or indecent; or (c) that which hurts the religious sentiments of any section of the society; or (d) that whose distribution is prohibited by any law for the time being in force; or (e) that which is defamatory or disparaging in character; or (f) that which infringes any kind of intellectual property right of any person; or (g) that which contains any virus/ malware/ trojan horse/ worm that can harm the normal functioning of the myGenie App or any other service within myGenie App; or (h) that which has a political agenda; or (i) that which can harm the security and peace of the country; or (j) that which belongs to another person; or (k) that which is commercial in nature.

You represent, acknowledge and warrant that your personal data or any information or material is correct and accurate and that it is not in violation of any of the provisions of these Terms of Use.


Irrevocable Consent to Use of the Information/ Material Submitted by You

On acceptance of the terms and conditions provided in these Terms of Use, you are deemed to irrevocably consent to us collecting and using your personal data or any other information or material provided by you and displaying such information or material in any part of the world in any manner subject to our Privacy Policy. You give us your full consent for processing information provided for the proper functioning of the myGenie App or any other service within myGenie App, Kirusa products and services. You further consent to us sending you promotional material regarding the products and services of Kirusa on the personal data provided.


Your Representations and Warranties

You acknowledge and agree to represent and warrant the following while using the myGenie App or any other of our service within the myGenie App:

  1. (i) You or any third party on your behalf will not be allowed to do any of the acts mentioned below:
    1. Make any kind of attempt to discover or amend or dismantle the software program or the source code and the object code of the myGenie App or any other service within myGenie App; or
    2. (b) Make a copy of or try to duplicate (whole or in part) the myGenie App or any other service or any of our business idea or any intellectual property owned by us by using your access to the services within myGenie App; or
    3. Sublicense or lease or resell or grant the access to the myGenie App or any other service to any other person or party; or
    4. Collect or try to collect or assemble any kind of information regarding other users of the myGenie App or any other service for any kind of undesirable communication to these other users or causing hindrance to their use of the myGenie App or any other service in any manner whatsoever; or
    5. Use of the myGenie App or any other service within myGenie App for pursuing any illegal or unlawful activity under any law for the time being in force including but not limited to pornography or dealing in obscene data or material or stalking or harassment of any kind or gambling or spamming or phishing or administering any harmful data, file, virus etc.; or
    6. Use the myGenie App or any other service to impersonate any other person or provide false information for misrepresenting your connection with some other person or entity; or
    7. Infringe any intellectual property of any person or entity or disfigure, change, modify any intellectual property including trademark or copyright or design contained in the myGenie App or any other service within the myGenie App; or
    8. Use the myGenie App or any other service within the myGenie App in a manner that could hamper or damage or impair its functioning in any manner; or
    9. Use the myGenie App or any other service within the myGenie App in violation of these Terms of Use or under any applicable laws or regulations for the time being in force.

You also represent and warrant that your use of the myGenie App or any other service within myGenie App will not, in any way, harm the image of the Company or any of its partners or affiliates nor will you use the myGenie App or any other service within myGenie App for any kind of illegal or unlawful activity under any law for the time being in force including but not limited to pornography or dealing in obscene data or material or stalking or harassment of any kind or gambling or spamming or phishing or administering any harmful data, file, virus etc.

You further represent and warrant that you will use the myGenie App or any other service within myGenie App without violating any law, rule or regulation for the time being in force in any manner whatsoever.


Indemnity

You agree to indemnify the Company against all liabilities, losses, claims, expenses and damages, including the attorney and court fee that we may incur while defending ourselves, that may arise out of or in connection with (a) any breach of these Terms of Use by you; or (b) through the use of the myGenie App or any other service within myGenie App; or (c) any violation of any of the provisions contained in these Terms of Use; or (d) any technical disturbance or interference caused by the information or material provided by you. The obligations stated in this clause will survive these Terms of Use and your use of the myGenie App or any other service within myGenie App.


Exclusions and Limitations

THE SERVICES PROVIDED BY US IS ON AN “AS IS” OR “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY EXCLUDES ITSELF AND ANY OF ITS AFFILIATES FROM ANY KIND OF REPRESENTATIONS AND WARRANTIES OR ANY KIND OF IMPLIED REPRESENTATIONS AND WARRANTIES THAT RELATES TO THE myGenie APP OR ANY OTHER SERVICE within myGenie App INCLUDING BUT NOT LIMITED TO ANY ERRORS OR INACCURACIES OR OMISSIONS IN THESE SERVICES; OR THAT THESE SERVICES WILL BE UNINTERRUPTED; OR THAT THESE SERVICES WILL BE FREE FROM ANY KIND OF VIRUS/ WORM/ TROJAN HORSE/ MALWARE ETC.

THE COMPANY ALSO EXCLUDES ITSELF FROM ANY KIND OF LIABILITY THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE myGenie APP OR ANY OTHER SERVICE within myGenie App WHICH INCLUDES BUT IS NOT LIMITED TO ANY KIND OF LOSS OR DAMAGE, DIRECT OR INDIRECT OR INCIDENTAL, TO YOUR MOBILE PHONE OR COMPUTER OR ANY DATA/ SOFTWARE CONTAINED THEREIN, THAT YOU MAY INCUR AS A CONSEQUENCE OF USING THESE SERVICES.


Limitation of Liability

YOU UNDERTAKE ALL THE RESPONSIBILITY OF USING THE myGenie APP OR ANY OTHER SERVICES within myGenie App PROVIDED BY US. THE USE OF THESE SERVICES IS AT YOUR OWN PERSONAL RISK. YOU ARE AWARE THAT THE INFORMATION OR MATERIAL PROVIDED BY YOU MAY NOT BE SECURE AND CAN BE USED FOR PURPOSES NOT AUTHORISED BY YOU BY THIRD PARTIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD THE COMPANY OR ANY OF ITS AFFILIATES LIABLE FOR ANY KIND OF DAMAGE, DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, INCIDENTAL THERETO THAT MAY ARISE FROM YOUR USE OF THE myGenie APP OR ANY OF OUR OTHER SERVICES OR FROM MODIFICATION OF THE PROVISIONS OF THESE TERMS OF USE OR FROM ANY LOSS THAT YOU MAY INCUR BY RELYING ON THE INFORMATION PROVIDED BY US OR FROM ANY OTHER REASON IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY AND ANY OTHER TORT) OR OTHERWISE.

NO ACTION OR PROCEEDING AGAINST THE COMPANY MAY BE COMMENCED MORE THAN THREE (3) MONTHS AFTER THE FIRST CAUSE OF ACTION ACCRUES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, WE SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU FOR AVAILING ANY OF OUR SERVICES. THE PROVISIONS OF THIS CLAUSE WILL SURVIVE THE TERMINATION AND OR EXPIRY OF THESE TERMS OF USE.


Termination of Services

Any user who is found to have misrepresented or provided fake information for using the myGenie App or any other services within myGenie App, will have their services revoked and may not be entitled to use the services in the future. Using fraudulent information for acquiring access to any of our services or using multiple accounts for accessing the myGenie App or any other service within myGenie App is prohibited under the terms of these Terms of Use and the services may be revoked of such a user. We have the right to file charges against a user in case he is found to have received any kind of reward or benefit from the use of our services through fraudulent activities. We reserve the right of terminating our services being used by you, with or without warning, with or without disclosing the reasons for such termination, on violation of any of the provisions provided in the Terms of Use or for any other reason thereof.

On termination of services of any User by the Company on breach of any terms and conditions contained herein, the balance of the value of credits available in the account/ wallet of the User will be forfeited and the Company will be under no obligation for the repayment of the balance value to the User whose services has been such terminated.


Force Majeure

No Party will be held liable if his performance under any agreement is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, fire, judicial or governmental action, labour disputes, act of God or any other causes beyond the control of either Party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.


Governing Law and Jurisdiction

All the provisions contained in these Terms of Use shall be construed and enforced according to the laws of the State of New Jersey, United States of America, without respect to its conflict of law principles. Any litigation arising under or related to these Terms of Use shall be brought in the Superior Court of the State of New Jersey in Union County or the Federal District Court for New Jersey as permitted by law. The Parties hereby consent to the personal jurisdiction of the above-referenced courts.


Assignment

Nothing herein shall preclude the Company from employing a subcontractor in carrying out its obligations under these Terms of Use. The Company’s use of such subcontractor shall not release it from its obligations under these Terms of Use. Also, we may assign any of our rights and obligations under these Terms of Use to any of our affiliates or to any person or entity that acquires all or substantially all of our assets. You may not transfer or subcontract any of your personal rights and obligations that arise under the provisions of these Terms of Use.


Intellectual Property Rights

You acknowledge and agree that you acquire no right, title or interest to any kind of intellectual property including trademark or copyright that is owned by or registered in the name of the Company. You also acknowledge that the Company or any other of its licensors has full ownership of all the copyright, trademarks, and other intellectual property rights in and relating to the myGenie App or any other services within myGenie App provided. Nothing contained herein grants any kind of ownership of any intellectual property right including trademark, its logos or copyright to you for using or distributing or copying or showing in public the same without our prior written approval or permission.


Links to Third-Party Apps or Websites

The myGenie App or any other of our service within myGenie App may contain links to other third-party Apps or websites. You acknowledge and agree that we do not monitor or control or investigate or review or check these third-party apps or websites nor do we control the content that is available on them. The availability of such links in our services does not imply in any way the endorsement of the third-party apps or websites. The decision of providing your personal data or information or any material on these third-party apps or websites is at your own risk and we are not liable for any damages or loss arising out of your decision. Once you install and use these third-party apps or decide to visit these third-party websites, you will be governed by their respective terms and conditions and privacy policy.


Users Not Residing in the United States

The myGenie App or any other service within myGenie App of the Company is available under the laws of the United States of America. We are not liable for any content available in our service that may not be appropriate in a jurisdiction outside of the United States. It is solely your responsibility for complying with the applicable laws and regulations of your jurisdiction when using the myGenie App or any other service within myGenie App. You further waive any right that may accrue to you under your national laws and subject all your personal data or information or any material to the laws of the State of New Jersey.


Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government, the validity of the remaining portions or provisions shall remain in full force and effect.


Entire Agreement

These Terms of Use constitutes the complete statement of the agreement between the Parties with regards to the matters set forth herein, and it supersedes all other agreements, proposals, and representations, oral or written, express or implied, with regards thereto.