Genie – Vendor Terms And Conditions

Welcome to www.justgenie.com. Any access to or use of this Website is governed by the terms and conditions as set out below ("Terms & Conditions"), our Privacy Policy and Rules & Guidelines. Access to or use of 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 Bookers to contact Vendors 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

"Account"

Means the account and profile created upon a Vendor’s registration on this Website;

1.2

"Booker"

Means a user 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 that have not been Uploaded by a Vendor;

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 the Vendor;

1.7

"Genie"

Means Genie Limited;

1.8

"Initial Period"

Means the first twelve month period beginning on the date on which the Vendor pays the Membership Fee;

1.9

"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);

1.10

"Materials"

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

1.11

"Membership Fee"

Means the yearly fee to be paid by the Vendor in order to register for an Account. For the avoidance of doubt, the fee to be paid by the Vendor shall be dependent on whether the Vendor is registering for a Gold Account, Platinum Account or Diamond Account, or as a Vendor providing Venues, such fees shall be displayed on this Website and shall be subject to change by Genie from time to time;

1.12

"Payment"

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

1.13

"Payment Balance"

Means the amount due to the Vendor dependent on whether the Vendor is registering for a Gold Account, Platinum Account or Diamond Account, less any Commission;

1.14

"Privacy Policy"

Means the privacy policy with URL Privacy Policy;

1.15

"Request"

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

1.16

"Rules & Guidelines"

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

1.17

"Subsequent Period"

Means a twelve month period extending from the end of the Initial Period or the end of any previous Subsequent Period;

1.18

"Upload"

Means uploading of Materials by Vendors onto this Website;

1.19

"Vendor"

Means any service or product vendors connected with events services, management or organisation that has registered his or her details on this Website in accordance with Clause 3 below in order to Upload Materials onto this Website, or carry out any of the activities listed in Clause 4.6, or any vendor which makes available a Venue to the Booker;

1.20

"Vendor’s Services"

Means the services or products supplied by a Vendor;

1.21

"Vendor’s Services Fee"

Means the fee set by the Vendor for the supply of the Vendor’s Services;

1.22

"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

1.23

"Website"

Means the website with URL www.Genie.com.

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

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

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

1.24.3 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;

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

1.24.5 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 Vendor in order to use this Website. The Vendor using 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 Vendor will be required to pay the Membership Fee in accordance with Clause 3 below.

2.3 The Vendor will be required to accept these Terms & Conditions before the registration process is completed, thereby forming a binding contract with Genie.

2.4 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. Use of this Website after the Terms & Conditions, Privacy Policy or Rules & Guidelines have been updated, constitutes their acceptance as updated.

2.5 The Vendor must be over the age of 18 and affirms that the Vendor 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). Any individual under the age of 18 will not be permitted to become a Vendor. Vendors must at all times be honest about their age when registering.

2.6 Only Vendors that are permitted under the laws of the jurisdiction in which they use this Website shall be permitted to accept these Terms & Conditions and continue using this Website.

3. Vendor Accounts

3.1 In order to Upload Materials onto this Website the Vendor will have to create an Account. When registering, the Vendor must provide accurate and complete information. In order to gain full use of this Website the Vendor will be able to choose a password that the Vendor will need to enter on this Website along with the Vendor’s Bookername. Upon completion of the registration process, the Vendor will have to pay the Membership Fee in accordance with the following:

3.1.1 Upon registration the Vendor will have to pay the Membership Fee in order for the Vendor’s Account to become active;

3.1.2 The Membership Fee can be paid by the Vendor via Braintree Payments;

3.1.3 Payment will be charged to the Vendor immediately prior to the beginning of each Subsequent Period unless cancelled at least one month in advance of the Subsequent Period. The Vendor will receive an e-mail reminder one month prior to this deadline.

3.1.4 In the event that the Membership Fee is not received by Genie prior to the beginning of the next Subsequent Period, or in the event that the Vendor cancels any forthcoming Membership Fee, the Vendor will not be permitted to use the functionalities of this Website as set out in Clause 4.3 from the beginning of the next Subsequent Period; and

3.1.5 Upon the Membership Fee being received by Genie at the beginning of the Initial Period or prior to the beginning of any Subsequent Period, the Vendor will be permitted to use the functionalities of this Website as set out in Clause 4.6 during the Initial Period or Subsequent Period in respect of which the payment of the Membership Fee is made.

3.2 Upon becoming a Vendor, it is important that the Vendor keeps the password secure and confidential. Genie will restrict the use of vulgar, inappropriate and offensive Booker names. In the event that the Vendor becomes aware of any unauthorised access to the Vendor’s Account, the Vendor must notify Genie immediately by sending an e-mail to: report@justgenie.com or by clicking on Contact Us.

3.3 The Vendor will be solely accountable to Genie for all activities taking place in connection with the Vendor’s Account.

3.4 The Vendor will not be entitled to use another Vendor’s Account without permission.

3.5 The Vendor will be able to store information on their Account including, but not limited to:

3.5.1 Name;

3.5.2 Location;

3.5.3 Details and Materials relating to the Vendor’s Services; and

3.5.6 Contact information;

3.5.7 Insurance information;

3.5.8 Reviews and ratings;

3.5.9 Bank details and information.

3.6 Genie will not be liable to the Vendor for any losses incurred by the Vendor as a result of unauthorised use of the Vendor’s Account. The Vendor shall be liable to Genie for any losses incurred by Genie due to such unauthorised use of the Vendor’s Account.

3.7 In the event that the Vendor breaches any of these Terms & Conditions, the terms of the Privacy Policy and/or the Rules & Guidelines, the Vendor’s Account will, at Genie’ sole discretion, be revoked immediately.

3.8 In the event that Genie, in its sole discretion, elects to increase the Membership Fee in respect of any Initial Period or Subsequent Period, or in the event that the length of the Initial Period or Subsequent Period is amended, the Vendor will be notified by e-mail. For the avoidance of doubt, the Vendor may cancel any forthcoming Membership Fee due in accordance with Clause 3.1.3.

4. Website Operations

4.1 The Vendor may access this Website and view Content.

4.2 The Vendor will have to log into this Website in order to use this Website to Upload Materials onto this Website or to correspond with Bookers.

4.3 In the event that the Membership Fee has been received by Genie from the Vendor in respect of any Initial Period or Subsequent Period, the Vendor may, during the Initial Period or Subsequent Period, use this Website to:

4.3.1 Upload Materials onto this Website;

4.3.2 Update Materials Uploaded by the Vendor;

4.3.3 Correspond with Bookers regarding the supply of the Vendor’s Services; or

4.3.4 Accept or decline Bookings

4.3.5 Review Bookers once the Vendor’s Services have been supplied to the Booker.

5. General Use – Permissions & Restrictions

5.1 Genie grants the Vendor permission to use this Website provided that:

5.1.1 The Vendor acts responsibly in using this Website and treats other Bookers and Vendors with respect;

5.1.2 The Vendor does not alter or modify any part of this Website, including any related technologies;

5.1.3 The Vendor does not Upload Materials through any unauthorised means or technology;

5.1.4 The Vendor does not access Content through any unauthorised means or technology;

5.1.5 The Vendor does not exploit this Website by Uploading Materials for any unauthorised commercial activity, without the prior written authorisation of Genie. Unauthorised commercial activity includes, but is not limited to:

5.1.5.1 Sale or access to this Website or its services on another website;

5.1.5.2 Sale of advertisements on ANY website targeted to the Materials Uploaded onto this Website or the Content;

5.1.5.3 Promotion or advertisements for any commercial services or products provided by the Vendor unconnected with events services, management or organisation, including any business carried out by the Vendor or any third party; and

5.1.5.4 Such other activities that Genie may specify from time to time.

5.2 The Vendor must not impersonate another person’s identity or misrepresent the Vendor’s own identity or affiliation including using another’s personal details, password, account name, photo, e-mail, or other such information held as part of the Vendor’s Account.

5.3 For the avoidance of doubt, commercial activity does not include any use that Genie expressly authorises in writing.

5.4 The Vendor must not Upload any copyrighted Materials or Footage owned by a third party and all Materials Uploaded by the Vendor must be original or the Vendor must be subject to a valid licence to Upload the Materials granted by the copyright owner.

5.5 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.

5.6 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.

5.7 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.

5.8 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, such proportion to be calculated in respect of whether the Vendor has registered for a Gold Account, a Platinum Account or a Diamond Account.

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

5.10 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 Vendor’s Services Fee applicable to the Vendor’s Services.

5.11 Genie shall receive the Commission due on any Payment made by a Booker as follows:

5.11.1 5% of the Vendor’s Services Fee shall be added to the Payment made by a Booker and shall be paid by the Booker upon a Booking being made by a Booker; and

5.11.2 5% of the Vendor’s Services Fee shall be deducted from the Payment Balance due to a Vendor upon a Booking being made by a Booker.

5.11.3 Where a Booker has made Payment in respect of the hiring of a Venue, Genie shall receive the Commission in the amount of 10% of the Payment made by a Booker, which shall be deducted from the Payment made by the Booker.

5.12 Upon a Booking being made, the Vendor shall receive the Payment Balance as set out below from Genie. For the avoidance of doubt, the remainder of the Vendor’s Services Fee shall, in accordance with Clause 5.10, be procured by the Vendor from the Booker upon completion of the Vendor’s Services or as agreed between the Booker and Vendor:

5.12.1 In the event that the Vendor has registered for a Gold Account, the Vendor shall receive 20% of the Payment upon a Booking being made;

5.12.2 In the event that the Vendor has registered for a Platinum Account, the Vendor shall receive 30% of the Payment upon a Booking being made;

5.12.3 In the event that the Vendor has registered for a Diamond Account, the Vendor shall receive 50% of the Payment upon a Booking being made;

5.12.4 In the event that the Vendor has registered as providing Venues, the Vendor shall receive the Payment less Genie’s Commission [(and any relevant fees)] upon a Booking being made.

5.13 The Vendor agrees that it is solely responsible for the payment of any VAT or other taxes payable due on any Payment Balance received by the Vendor.

5.14 The Vendor agrees that it is solely responsible for obtaining any outstanding Vendor’s Services Fees from the Booker upon the Vendor’s Services having been completed.

5.15 A Vendor that provides Venues for Bookers is solely responsible for:

5.15.1 Obtaining any and all permits and/or approvals necessary to rent a Venue, to host events, or otherwise provide the Vendor’s Services in respect of Venues;

5.15.2 Ensuring that the Venue is safe and suitable for the stated use of the Booker, and that the Venue complies fully with all relevant Health and Safety legislation in force from time to time;

5.15.3 Paying any applicable insurance fees, taxes, levies, or fees connected with the Vendor’s Services in respect of Venues; and

5.15.4 Obtaining and maintaining an insurance policy or policies sufficient to cover the use of each Venue offered to Bookers via the Vendor’s Services.

5.16 A Vendor that provides Venues for Bookers agrees to:

5.16.1 Provide Genie with evidence of the Vendor’s ownership of the Venue, or evidence of the Vendor’s permission to list the Venue as part of the Vendor’s Services;

5.16.2 Provide Genie with its fullest cooperation in making each Venue ready for rent, and ensuring the success of each rental; and

5.16.3 Provide the Booker with access to the Venue at the agreed upon time and for the agreed upon period of time, and agrees to provide the Venue in the condition described in the advertisement, pictures, and announcements posted by the Vendor regarding the Venue on this Website.

6. Use Of Content On The Website

6.1 In addition to the Terms & Conditions of this Website, the following restrictions and conditions apply directly to the Vendor viewing Content, using this Website or Uploading Materials on this Website:

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

6.1.2 The Vendor will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website whatsoever without the prior written consent of Genie, except where the Website is configured to enable a download, whereupon the Vendor 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.

6.1.3 The Vendor will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Materials from this Website, except Materials owned by or licensed to such Vendor.

6.1.4 The Vendor will be prohibited from Uploading any Materials that are not original and owned or licensed to the Vendor for use on this Website.

6.1.5 For the avoidance of doubt, any Uploading of Materials to this Website by the Vendor is carried out in the Vendor’s personal capacity and Genie shall not be liable in any way whatsoever for the display, broadcast, sale, dissemination, reproduction or exploitation of any such Materials.

7. Intellectual Property Rights

7.1 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.

7.2 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.

8. Use Of Material Uploaded

8.1 The Vendor may Upload Materials onto this Website. Once the Vendor Uploads any Materials to this Website, the Vendor will retain all ownership in the Intellectual Property Rights in the Materials, provided the Vendor is the owner of such rights.

8.2 The Vendor acknowledges, represents and warrants that:

8.2.1 The Vendor has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable Genie and its successors or assigns to display, broadcast, use or reproduce all of the Materials Uploaded by the Vendor in connection with this Website or disseminate or distribute such Materials Uploaded by the Vendor in connection with this Website; and

8.2.2 The Vendor will be solely responsible for the content of Materials Uploaded to this Website by the Vendor and for any consequential losses including any loss of profit or loss of business by Genie that may arise from Uploading such Materials by the Vendor. Genie shall not be liable to the Vendor, or person claiming through any Vendor for any disclosure or exploitation of the Materials being Uploaded onto the Website.

8.3 Prohibited Material. The Vendor will not Upload or store on this Website any Materials, software or databases, which may violate any third party or Genie’s Intellectual Property Rights, which may violate the laws of the United Kingdom or which is lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable. The Vendor will not Upload or store on this Website any Materials, software or databases, which may violate the laws of the country in which the Vendor accesses and/or uses and/or Uploads Materials onto this Website.

8.4 Licence, Representation & Warranty. By Uploading Materials onto this Website, the Vendor hereby grants to Genie an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable licence and/or sub-licence and transferable licence to use, reproduce or distribute any and all of the Materials Uploaded by the Vendor in connection with this Website, Genie and its successors’ business or assigns, including without limitation, for promoting and redistributing part or all of this Website in any media format, including social media platforms, and through without any requirement of prior permission from the Vendor. The Vendor hereby waives the Vendor’s moral rights in respect of the Materials Uploaded and the Vendor hereby grants to each other Booker or Vendor of this Website a non-exclusive licence to access the Materials through this Website, and to use, reproduce, distribute such Materials as permitted through the functionality of this Website and under these Terms & Conditions. The foregoing licence granted by the Vendor will terminate once the Vendor or Genie removes or deletes the Materials or any part thereof from this Website.

8.5 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. The Vendor expressly agrees that 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’s sole discretion, violate Genie’s Terms & Conditions. Prohibited Content includes but is not limited to Materials which:

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

8.5.2 Harass or advocate harassment of any group or individual;

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

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

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

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

8.5.7 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;

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

8.5.9 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;

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

8.5.11 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;

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

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

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

9. Termination Right

9.1 The licences granted by the Vendor in Clause 8.4 above, will terminate when the Vendor removes or deletes Materials from this Website. In the event that the Vendor elects to terminate the Vendor’s legal agreement with Genie, the above licences granted by the Vendor in the Materials that are not removed or deleted by the Vendor prior to the Vendor closing the Account are perpetual and irrevocable, but are otherwise without prejudice to the Vendor’s ownerships rights.

10. Disclaimer Of Materials

10.1 Genie does not endorse the content of any Materials, opinion, recommendation or advice Uploaded onto this Website by the Vendor and expressly excludes any and all liability in connection with the Uploading of such Materials by the Vendor.

11. Limitation Of Liability

11.1 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 7 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.

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

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

11.2.2 Fraud or fraudulent misrepresentation.

11.3 Subject to Clause 11.2:

11.3.1 Genie shall under no circumstances whatsoever be liable to any Vendor, 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 and/or use of this Website;

11.3.2 Genie shall under no circumstances whatsoever be liable to any Vendor for any loss, damage or injury sustained by the Vendor that has interacted with a Booker 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 Vendor 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 Vendor’s interaction with Bookers on this Website or any loss, damage or injury arising out of or in connection with any Materials Uploaded by a Vendor. Genie strongly asserts that any Vendor interacting with Bookers on this Website does so entirely under the Vendor’s own volition and at the Vendor’s own risk;

11.3.3 Genie’s total liability to the Vendor in respect of all other losses caused by Genie arising under or in connection with the use of this Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Vendor’s Membership Fee in any Initial Period or Subsequent Period.

11.4 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.

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

11.5.1 The Vendor’s use of this Website will be of any benefit to the Vendor;

11.5.2 The Vendor will receive any communications from any Booker;

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

11.6 This Clause 11 shall survive the termination of the Vendor’s Account.

12. Use of this Website Policy

12.1 Under no circumstances shall Genie, its officers, directors, employees, or agents be liable to Vendors in the event that any Content on this Website or any Materials Uploaded by any Vendor is held to infringe any third party’s Intellectual Property Rights.

12.2 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 Content or Materials Uploaded by any Vendors on this Website.

12.3 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.

12.4 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.

12.5 The Vendor agrees to indemnify and keep Genie fully indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Vendor’s use of this Website.

12.6 The Vendor 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 Vendor of any of these Terms & Conditions, the terms of the Privacy Policy and/or Rules & Guidelines.

13. Refunds & Complaint Procedures

13.1 The Vendor 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 notify the Vendor of such cancellation.

13.2 If the Vendor 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 Vendor 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:

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

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

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

13.1.4 The precise location where the offending Materials are located;

13.1.5 Any grounds on which you believe 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

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

13.2 Genie reserves the right, but has no obligation to remove any Materials except where Genie are 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.

13.3 Subject to Clause 13.1, in respect of Vendor’s Services regarding the hiring of Venues, the Vendor agrees that a Booker’s cancellation of the Venue hire shall be subject to the following:

13.3.1 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;

13.3.2 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;

13.3.3 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;

13.3.4 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.

13.4 In respect of Vendor’s Services regarding the hiring of Venues, the Vendor agrees that 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 to the Booker. For the avoidance of doubt, the Vendor shall be responsible for returning a sum equal to any Commission payment made to Genie to the Booker.

14. Indemnification

14.1 Subject to Clause 12.5 and Clause 12.6, the Vendor agrees to defend, indemnify and hold harmless Genie, its officers, directors, employees, and agents from and against all claims which may be asserted against Genie, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:

14.1.1 The Vendor’s use of this Website; and

14.1.2 The Vendor’s violations of these Terms & Conditions.

14.2 The Vendor shall indemnify and hold harmless Genie from and against any and all demands, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable legal fees) which Genie may incur in connection with any claim, demand, action, or other proceeding by any third party, including but not limited to a Booker or the Booker’s invitees, licensees, employees, officers, directors, agents or assigns, arising from or relating to any:

14.2.1 Failure by the Vendor to provide the Vendor’s Services;

14.2.2 Where applicable, failure by the Vendor to provide the Vendor’s Services in connection with a Venue at the agreed upon date or time, or in the warranted or represented condition;

14.2.3 Failure by the Vendor to correctly identify or update the price or prices of the Vendor’s Services;

14.2.4 Where applicable, malfunctions or problems caused by, at or associated with the Venue;

14.2.5 Failure by the Vendor or any goods or services provided by Vendor to comply with any specifications or descriptions provided by the Vendor or any other warranty provided by the Vendor, including where in connection with a Venue;

14.2.6 Violation of any law or regulation by the Vendor; or

14.2.7 Any other breach, or tort or failure by the Vendor, or Booker or any third party, to the fullest extent permitted by applicable law.

15. Data Protection & Confidentiality

15.1 Genie has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.

15.2 All personal data collected by Genie about the Vendor is strictly confidential and will not be shared with any third party except as required by law, and Genie will only use personal data collected about the Vendor in accordance with the Data Protection Act 1998 and as detailed in the Privacy Policy.

15.4 Vendors’ data used by Genie will be stored in a database in accordance with the provisions of the Data Protection Act 1998.

15.5 Where agreed by the Vendor, Vendors’ data may be used to inform Vendors of offers or news from Genie.

15.6 If the Vendor does not wish to receive Genie’s newsletter and/or automatic e-mail correspondence, the Vendor must unsubscribe by clicking the "unsubscribe" link in the correspondence in question. For the avoidance of doubt, the Vendor shall be entitled to select via the Vendor’s Account the notifications received from Genie.

16. Links To Third Party Websites

16.1 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 or use this Website the Booker or the Vendor acknowledge and agree 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.

16.2 By accessing and/or using a third party website, the Vendor expressly relieves Genie of any and all liabilities arising out of or in connection with such access and/or use.

16.3 The Vendor 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.

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

17. Site Availability

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

17.2 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.

17.3 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.

18. Termination

18.1 These Terms & Conditions will continue in respect of Vendors until terminated by either the Vendor or Genie in accordance with Clause 18.2 or Clause 18.3 below.

18.2 In the event that the Vendor wishes to terminate the legal agreement with Genie, the Vendor may do so at any time by notifying Genie and closing the Vendor’s Account. The Vendors may send notice via e-mail to [or click the "close account" button when logged into the Vendor’s Account]. For the avoidance of doubt:

18.2.1 In the event that the Vendor closes the Vendor’s Account at least one month before the beginning of any Subsequent Period, no further Membership Fee will be due to be paid by the Vendor; and

18.2.2 In the event that the Vendor closes the Vendor’s Account less than one month before the beginning of any Subsequent Period, the Vendor agrees to pay to Genie the Membership Fee for the following Subsequent Period.

18.3 Genie may terminate its legal agreement with the Vendor immediately if:

18.3.1 The Vendor breaches any provisions of these Terms & Conditions, the terms of the Privacy Policy and/or the Rules & Guidelines;

18.3.2 Genie is required to do so by law;

18.3.3 Genie elects to terminate access to this Website to Vendors situated in the country in which the Vendors are resident or from which the Vendors may wish to access this Website;

18.3.4 The Vendor Uploads any unlawful or offensive Materials or any Materials violating these Terms & Conditions;

18.3.5 The Vendor is found to be manipulating this Website by carrying out, not limited to, hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;

18.3.6 The Vendor attempts to harvest personal information located on this Website;

18.3.7 The Vendor uses the Website for unauthorised commercial purposes;

18.3.8 The Vendor exhibits any other unreasonable behaviour that threatens this Website; or

18.3.9 The Vendor requests to be de-registered.

18.4 For the avoidance of doubt, termination in accordance with Clause 18.3.1 by Genie may result in legal action being brought against the Vendor.

18.5 For the avoidance of doubt, if the Vendor de-registers in accordance with Clause 18.3.9, Genie, its directors, staff or, agents will not be responsible for the accuracy of any Materials belonging to the Vendor that remain Uploaded to this Website.

18.6 Upon termination, all of the legal rights, obligations and liabilities that the Vendor and Genie have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clause 13.1 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.

19. Website Disclaimer

19.1 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. VENDORS OF THIS WEBSITE WHO CHOOSE TO ACCESS AND/OR USE THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS.

19.2 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 VENDORS "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.

19.3 GENIE SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN OR CONTENT OF COMMUNICATIONS SENT OR RECEIVED BY VENDORS ON THIS WEBSITE, WHETHER GENERAL OR SPECIFIC, AND VENDOR AGREES TO INDEMNIFY GENIE IN ACCORDANCE WITH CLAUSE 12.6 AND CLAUSE 14.1 IN RESPECT OF ANY ACTIONS OR CLAIMS AGAINST GENIE ARISING IN ACCORDANCE WITH THIS CLAUSE.

20. Entire Agreement & Severability

20.1 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.

20.2 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 Vendor breaches these Terms & Conditions and Genie takes no action against the Vendor, Genie will not be considered to have given up its rights to pursue the Vendor in relation to the alleged or actual breach according to these Terms & Conditions.

21. Force Majeure

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

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

21.1.2 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

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

22. Jurisdiction & Choice Of Law

22.1 These Terms & Conditions shall be governed by the laws of England and Wales and the Booker or the Vendor agrees to submit to the exclusive jurisdiction of the English courts. The Booker or the Vendor 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.