Genie – Booker Terms And Conditions

Welcome to www.justgenie.com. Any access to this Website is governed by the terms and conditions as set out below ("Terms & Conditions"), our Privacy Policy and Rules & Guidelines. Access to this Website implies your agreement and acceptance of these Terms & Conditions, our Privacy Policy and Rules & Guidelines. If you do not accept these Terms & Conditions, our Privacy Policy or Rules & Guidelines, please do not proceed any further and leave this Website immediately.

This Website allows Booker to contact Vendor for the engagement of Vendor Services. This Website is for access by Bookers and is operated by Just Genie Limited whose registered office is at c/o Michael Filiou Plc, Salisbury House, 81 High Street, Potters Bar, Hertfordshire, EN6 5AS, United Kingdom. Just Genie Limited can be contacted at admin@justgenie.com.

1. Definitions

In these Terms & Conditions, the following terms shall have the following meanings:

1.1

"Booking"

Means the confirmed booking for the supply of the Vendor’s Services to the Booker;

1.2

"Booker"

Means a Booker accessing this Website via a computer, tablet, or mobile device. The Booker’s access to this Website will be limited to viewing Content and Materials only;

1.3

"Content"

Means all text, scripts, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audio or audio-visual files, videos, and interactive features contained on this Website;

1.4

"Commission"

Means the commission due to Genie in connection with any Payment made by Bookers in respect of Vendor Services;

1.5

"Enquiry"

Means and enquiry made by the Booker in respect of the Vendor’s Services prior to making a Request;

1.6

"Footage"

Means unedited video content Uploaded by a Vendor;

1.7

"Genie"

Means Genie Limited;

1.8

"Intellectual Property Rights"

Mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights);

1.9

"Materials"

Mean any and all Footage, photographs, text, comments, or other material Uploaded by a Vendor;

1.10

"Payment"

Means the deposit to be paid by the Booker for the fees charged for the Vendor’s Services;

1.11

"Privacy Policy"

Means the privacy policy with URL Privacy Policy;

1.12

"Request"

Means the request for the Vendor’s Services made by a Booker;

1.13

"Rules & Guidelines"

Mean the basic rules to which Bookers must adhere when accessing this Website. Read the rules here: Rules & Guidelines;

1.14

"Upload"

Means uploading of Materials by Vendors onto this Website;

1.15

"Vendor"

Means any service or product Vendors appearing on this Website, or any vendor which makes available a Venue to the Booker;

1.16

"Vendor’s Services"

Means the services or products supplied by a Vendor;

1.17

"Venue"

Means an establishment or location made available for hire to the Booker and for use by the Booker in accordance with the Vendor’s Services; and

1.18

"Website"

Means the website with URL www.justgenie.com or any affiliate website redirecting to www.justgenie.com.

1.19 In these Terms & Conditions, the following rules apply:

1.19.1 A ‘person’ includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.19.2 A reference to a party includes its personal representatives, successors or permitted assigns;

1.19.3 Any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;

1.19.4 A reference to any legislation includes any subsequent amendments to such legislation currently in force; and

1.19.5 A reference to ‘writing’ or ‘written’ includes faxes and e-mails.

2. Acceptance & Payment

2.1 These Terms & Conditions are the legally binding terms and conditions on the Booker in order to gain access to this Website. The Booker accessing this Website will be bound by the following:

2.1.1 The Terms & Conditions found at www.justgenie.com;

2.1.2 The Privacy Policy found at Privacy Policy and incorporated into these Terms & Conditions by reference; and

2.1.3 The Rules & Guidelines found at Rules & Guidelines which are also incorporated into these Terms & Conditions by reference.

2.2 The Booker accepts these Terms & Conditions upon making a Request for the Vendor Services, thereby forming a binding contract with Genie.

2.3 The Booker may make an Enquiry to a Vendor in respect of the Vendor’s Services whereby the Booker will engage in correspondence with the Vendor for the supply of the Vendor’s Services. Upon making an Enquiry, the Booker is not obliged to engage the Vendor for the supply of the Vendor’s Services. In the event that a Booker wishes to proceed with the supply of the Vendor’s Services, the Booker shall submit a Request to the Vendor in respect of the Vendor’s Services.

2.4 Upon a Request being received by a Vendor, the Booker will engage in further correspondence with the Vendor for the supply of the Vendor’s Services.

2.5 Via the further correspondence, upon the finalisation of the arrangement between the Booker and the Vendor for the supply of the Vendor’s Services, either the Booker or the Vendor may accept and thereby confirm the Booking for the supply of the Vendor’s Services to the Booker.

2.6 The Booker will then be required to pay the Payment and pay the Commission. The Booker shall have a 14 day cooling-off period from the date on which the Payment is made in which the Booker may cancel the supply of the Vendor’s Services. In the event that no cancellation is made during the cooling-off period, Genie will subsequently pay to the Vendor, on the expiration of the 14 day cooling-off period, the proportion of the Payment due to the Vendor in respect of the Vendor’s Services Fee.

2.7 Any further interaction between the Booker and the Vendor should then be conducted by the Booker privately. For the avoidance of doubt, the Booker may communicate with the Vendor via the portal on this Website, however the Booker agrees that Genie shall not be held accountable for any agreements made between the Booker and the Vendor during the course of such correspondence.

2.8 Upon the completion of the supply of the Vendor’s Services, the Booker will be required to pay directly to the Vendor the remaining balance of the fees applicable to the Vendor’s Services.

2.9 Genie reserves the right to amend or revise these Terms & Conditions, the Privacy Policy and Rules & Guidelines at any time and at Genie’s sole discretion. Any changes to any of these said documents will come into effect at the time they are posted on this Website. The last amendment date will be displayed at the end of the Terms & Conditions, Privacy Policy or Rules & Guidelines. Access to this Website after the Terms & Conditions, Privacy Policy or Rules & Guidelines have been updated, constitutes their acceptance as updated.

2.10 The Booker must be over the age of 18 and affirms that the Booker is over 18 years of age (or the legal age to accept these Terms & Conditions in the jurisdiction in which the Booker accesses the Website).

2.11 Only Bookers that are permitted under the laws of the jurisdiction in which they access this Website shall be permitted to accept these Terms & Conditions and continue accessing this Website.

3. Website Operations

3.1 The Booker may access this Website and view Content and Materials only.

3.2 The fees applicable to the Vendor’s Services will be available on this Website. For the avoidance of doubt, Genie does not have any control over the fees applicable to the Vendor’s Services.

3.2 The Booker may search Content by entering location, date, keyword, and category.

3.3 The Booker may contact Vendors via the Enquiry form or Request form provided on this Website to make an Enquiry or a Request.

3.4 Genie will provide the Booker with contact details for Vendors upon confirmation of a Booking via this Website.

3.5 The Booker may use this Website to review Vendors once the Vendor’s Services have been supplied to the Booker.

4. General Use – Permissions & Restrictions

4.1 Genie grants the Booker access to this Website provided that:

4.1.1 The Booker acts responsibly in accessing this Website and treats other Bookers and Vendors with respect;

4.1.2 The Booker does not alter or modify any part of this Website, including any related technologies; and

4.1.3 The Booker does not access Content through any unauthorised means or technology.

4.2 The Booker must not impersonate another person’s identity or misrepresent the Booker own identity or affiliation.

4.3 Genie may at its sole discretion display offers for Bookers to consider during the course of the Booker’s access to this Website.

5. Use Of Content And Materials On This Website

5.1 In addition to the Terms & Conditions of this Website, the following restrictions and conditions apply directly to the Booker viewing Content and Materials and accessing this Website:

5.1.1 Genie owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, except in respect of Materials Uploaded by Vendors.

5.1.2 The Booker is prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content or Materials on this Website in any way whatsoever without the prior written consent of Genie, except where the Website is configured to enable a download, whereupon the Booker may download one copy to a single computer for home-usage. Genie is not responsible for the websites to which Genie is linked and does not assume any affiliation with any other websites unless otherwise stated.

5.1.3 For the avoidance of doubt, Genie shall not be liable in any way whatsoever for the display, broadcast, sale, dissemination, reproduction or exploitation of any Materials uploaded by a Vendor.

6. Intellectual Property Rights

6.1 This Website and any and all Intellectual Property Rights arising out of or in connection with the Content are owned by Genie save in respect of any Intellectual Property Rights belonging to any Vendor, licensor, advertisers, partners, investors or sponsors of this Website.

6.2 Any and all Intellectual Property Rights arising out of or in connection with the Materials are owned by the relevant Intellectual Property Rights owner. Genie does not own any Intellectual Property Rights arising out of or in connection with the Materials.

7. Use Of Material Uploaded

7.1 Removal Right. All Materials that are Uploaded by Vendors are subject to approval by Genie from time to time. Content and Materials displayed on this Website will be checked by Genie on a random basis, or in the event that a Booker or Vendor brings specific Content or Materials to the attention of Genie via the Contact Us page. Genie may remove, disable or restrict access to or the availability of any Materials from this Website (including, but not limited to, Materials which the Vendor has posted or stored) which Genie believes, in good faith and in Genie’ sole discretion, violate Genie’s Terms & Conditions. Prohibited Materials include but are not limited to Materials which:

7.1.1 Are patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.1.2 Harass or advocate harassment of any group or individual;

7.1.3 Exploits any group or individual in a sexual or violent manner;

7.1.4 Contain nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

7.1.5 Solicit confidential or personal information from any group or individual;

7.1.6 Publicly posts information that poses or creates a privacy or security risk to any group or individual;

7.1.7 Constitute or promote information that the Vendor knows is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7.1.8 Involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging or "spamming";

7.1.9 Involve the use of Genie’s domain name as a pseudonymous return e-mail address for any communications which the Vendor transmits from another location or through another person that compromises any right of a third party such as the infringement of copyright, patents, trademarks, and/or any other proprietary rights, or that distributes another’s personal information without their personal permission, or for publicity;

7.1.10 Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

7.1.11 Further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, theft, child pornography, sexual assault, violating a group or individual’s privacy, or providing or creating computer viruses;

7.1.12 Solicit password or personal identifying information for commercial or unlawful purposes from Bookers or other Vendors;

7.1.13 Involve any unauthorised commercial activities and/or sales without prior written consent from Genie.

7.2 Genie is under no obligation to any Booker or Vendor and therefore may refuse to remove any Materials from this Website.

8. Disclaimer Of Materials

8.1 Genie does not endorse the content of any Materials, opinion, recommendation or advice Uploaded onto this Website by a Vendor and expressly excludes any and all liability in connection with the Uploading of such Materials by a Vendor, including any reliance placed on the Vendor’s Services by the Booker.

9. Limitation Of Liability

9.1 It is Genie’s policy not to tolerate any acts of intellectual property infringement or violations of the laws of the United Kingdom or any other applicable laws. Genie will use all reasonable endeavours to remove, disable, or restrict access to or availability of Materials that Genie considers to be subjective and view as infringing. The provisions of Clause 6 are intended to implement these Terms & Conditions but do not impose a contractual obligation on Genie to undertake, or refrain from undertaking, any particular course of conduct.

9.2 Nothing in these Terms & Conditions shall limit or exclude Genie’s liability for:

9.2.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors;

9.2.2 Fraud or fraudulent misrepresentation.

9.3 Subject to Clause 9.2:

9.3.1 Genie shall under no circumstances whatsoever be liable to any Booker, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the access to this Website, including any reliance placed on the Vendor’s Services by the Booker or the making of any Payment by the Booker;

9.3.2 Genie shall under no circumstances whatsoever be liable to any Booker for any loss, damage or injury sustained by the Booker that has interacted a Vendor via communication on this Website. For the avoidance of doubt, Genie provides a service whereby Bookers may communicate with Vendors on this Website to facilitate the provision of the Vendor’s Services. The Booker agrees that the Vendor’s Services are not supplied by Genie. Genie accepts no responsibility for any loss, damage or injury arising out of or in connection with any Booker’s interaction with Vendors on this Website or any loss, damage or injury arising out of or in connection with any Materials Uploaded by a Vendor or the engagement by the Booker with the Vendor for the supply of the Vendor’s Services. Genie strongly asserts that any Booker interacting with Vendors on this Website does so entirely under the Booker’s own volition and at the Booker’s own risk.

9.4 Except as set out in these Terms & Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms & Conditions.

9.5 For the avoidance of doubt, due to the nature of this Website, Genie does not warrant that:

9.5.1 The Booker’s access to this Website will be of any benefit to the Booker; or

9.5.2 Genie will carry out any activity not expressly set out in these Terms & Conditions.

10. Use Of This Website Policy

10.1 Under no circumstances shall Genie, its officers, directors, employees, or agents be liable to Bookers in the event that any Materials Uploaded by any Vendor is held to infringe the Booker’s or any third party’s Intellectual Property Rights.

10.2 Genie, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Materials Uploaded by any Vendor on this Website.

10.3 Under no circumstances will Genie, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage.

10.4 Under no circumstances shall Genie, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.

10.5 The Booker agrees to indemnify and keep Genie fully indemnified against any and all losses or liabilities incurred directly by Genie as a result of any breach or non-observance by the Booker of any of these Terms & Conditions, the terms of the Privacy Policy and/or Rules & Guidelines.

11. Refund & Complaint Procedures

11.1 Except in respect of the hiring of a Venue, the Booker agrees that all refunds for the supply of the Vendor’s Services beyond the Booker’s 14 day cooling-off period shall be handled by the Vendor. Any Booker that wishes to seek a refund for the supply of the Vendor’s Services beyond the 14 day cooling-off period shall contact the Vendor directly. For the avoidance of doubt, in the event that a Booker cancels the supply of the Vendor’s Services during the Booker’s 14 day cooling-off period, Genie shall refund any Payment received by Genie in respect of the Vendor’s Services, however, the Booker agrees that Genie shall be entitled to retain the Commission as payment for administration services in respect of the Booker’s Booking.

11.2 A Booker may cancel the hire of a Venue in accordance with the following:

11.2.1 Cancellations may be made by the Booker up to 90 days prior to the date on which the Venue is booked. Where the Vendor has received the balance of the Payment due to the Vendor, the Vendor shall refund 75% of the Payment if cancellation is made by the Booker during the foregoing period, except for the Vendor’s processing fees of 25% which are non-refundable;

11.2.2 Cancellations may be made by the Booker up to 30 days prior to the date on which the Venue is booked. Where the Vendor has received the balance of the Payment due to the Vendor, the Vendor shall refund 50% of the Payment if cancellation is made by the Booker during the foregoing period, except for the Vendor’s processing fees of 50% which are non-refundable;

11.2.3 Cancellations may be made by the Booker up to 8 days prior to the date on which the Venue is booked. Where the Vendor has received the balance of the Payment due to the Vendor, the Vendor shall refund 25% of the Payment if cancellation is made by the Booker during the foregoing period, except for the Vendor’s processing fees of 75% which are non-refundable;

11.2.4 Cancellations may be made by the Booker less than 8 days prior to the date on which the Venue is booked. Where the Vendor has received the balance of the Payment due to the Vendor, the Vendor shall refund 0% of the Payment if cancellation is made by the Booker during the foregoing period, except for the Vendor’s processing fees of 100% which are non-refundable.

11.3 In respect of Vendor’s Services regarding the hiring of Venues, where a cancellation of the Venue hire is made by a Vendor, where the Vendor has received the balance of the Payment due to the Vendor, the Vendor shall refund 100% of the Payment.

11.4 If the Booker believes that a Vendor, or any third party, has Uploaded Materials which violates the Terms & Conditions, the Privacy Policy or the Rules & Guidelines, Genie asks that the Booker promptly notifies Genie by e-mail at the following address: report@justgenie.com or by clicking on Contact Us. Where such communication takes place by e-mail, in order for Genie to respond effectively, please provide Genie with as much detail as possible, including:

11.4.1 The nature of the right infringed or violated (including the registration numbers of any registered trade marks or patents allegedly infringed);

11.4.2 All facts which lead the Booker to believe that a right has been violated or infringed;

11.4.3 All facts which lead the Booker to believe that the Materials Uploaded have been Uploaded in violation of these Terms & Conditions;

11.4.4 The precise location where the offending Materials are located;

11.4.5 Any grounds on which the Booker believes that the Vendor or third party that Uploaded the Materials was not authorised to do so or did not have a valid defence (including the defence of fair use); and

11.4.6 If known, the identity of the person or persons who Uploaded the infringing or offending Materials.

11.5 Genie reserves the right, but has no obligation to remove any Materials except where Genie is obligated under the law. Furthermore, Genie reserves the right to remove any Materials, whenever it so chooses, at its sole discretion and for no reason whatsoever.

12. Data Protection & Confidentiality

12.1 Genie has registered with the Information Commissioner’s Office in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.

13. Links To Third Party Websites

13.1 This Website may provide links to other third party websites on the Internet. These websites may contain information or material that some people may find inappropriate, offensive or irrelevant. These websites are not under the control of Genie, and by continuing to access this Website the Booker acknowledges and agrees that Genie is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or their privacy policies. The inclusion of such links does not imply endorsement of such websites by Genie or any association with their operators.

13.2 By accessing a third party website, the Booker expressly relieves Genie of any and all liabilities arising out of or in connection with such access.

13.3 The Booker acknowledges and agrees that Genie is not responsible for the availability of any third party websites. Furthermore, Genie does not endorse any advertising, products or other materials available from any third party websites.

13.4 The Booker acknowledges and agrees that Genie is not liable for any loss or damage which may be incurred by Bookers as a result of the availability of any third party websites, or as a result of any reliance placed by Bookers on the completeness or accuracy of any advertising, products or other materials available from any third party websites.

14. Site Availability

14.1 Genie will endeavour to have this Website running efficiently and accessible at all times. However, Bookers will be notified on the homepage of this Website of any times when the Website may be unavailable due to scheduled maintenance work.

14.2 Genie will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.

14.3 Neither Genie nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to causes beyond the control of Genie, such as systems malfunctions or failures of third parties. In these circumstances, Genie will use its reasonable endeavours to restore the service as soon as reasonably practicable.

15. Termination

15.1 These Terms & Conditions will continue in force indefinitely in respect of all Bookers.

16. Website Disclaimer

16.1 GENIE MAKES NO REPRESENTATIONS THAT MATERIALS ON THIS WEBSITE ARE APPROPRIATE IN LOCATIONS OUTSIDE THE UNITED KINGDOM, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. BOOKERS OF THIS WEBSITE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS.

16.2 GENIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO BOOKERS "AS IS" WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT OR MATERIALS ON THIS WEBSITE.

16.3 GENIE SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN OR CONTENT OF COMMUNICATIONS SENT OR RECEIVED BY BOOKERS ON THIS WEBSITE, WHETHER GENERAL OR SPECIFIC, AND THE BOOKER AGREES TO INDEMNIFY GENIE IN ACCORDANCE WITH CLAUSE 10.5 IN RESPECT OF ANY ACTIONS OR CLAIMS AGAINST GENIE ARISING IN ACCORDANCE WITH THIS CLAUSE.

17. Entire Agreement & Severability

17.1 These Terms & Conditions, including the Privacy Policy and the Rules & Guidelines from time to time constitute the entire understanding between the parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the parties relating to it.

17.2 If any clause of these Terms & Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the Booker breaches these Terms & Conditions and Genie takes no action against the Booker, Genie will not be considered to have given up its rights to pursue the Booker in relation to the alleged or actual breach according to these Terms & Conditions.

18. Force Majeure

18.1 Genie shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:

18.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;

18.1.2 War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or

18.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.

19. Jurisdiction & Choice Of Law

19.1 These Terms & Conditions shall be governed by the laws of England and Wales and the Booker agrees to submit to the exclusive jurisdiction of the English courts. The Booker accepts that nothing in this clause shall prevent Genie from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.

Date of latest amendment: 12 August 2016.