Terms & Conditions for Referral Program

Please read the following terms and conditions, which constitute a binding agreement between ARTIFY MINDS LAB PVT. LTD. and the User who is participating in the referral program of the website (www.gengama.com). By clicking on the “ACCEPT/I AGREE” button, the user gives their consent to be bound by and is becoming a party to this Agreement.

User Agreement

The User agrees that:

  • He/She is at least 18 years of age and is competent and of sound mind; and has the authority to enter into this Agreement.
  • The use of this website would be in compliance with Indian Laws.
  • This Agreement is binding and enforceable against the user.
  • To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity.

Validity of Agreement

THIS AGREEMENT (the “Agreement”) is valid for 12 months from the date of participating in the referral program of the website (www.gengama.com).

Parties to the Agreement

This Agreement is entered into between the “USER” of the website (www.gengama.com), which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and includes its successors and permitted assignee of the one Part; and Artify Minds Lab Private Limited, a registered Company under the laws of India and having its Corporate Office at C-46, RDC, Rajnagar, Uttar Pradesh-201002 (hereinafter referred to as “Artify”), which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assign of the other Part.

(The User and Artify are hereinafter referred to individually as the “Party” and collectively as “Parties”).

Definitions

  • Agreement: Shall mean this Agreement.
  • Effective Date: The date of activation of this agreement by clicking on “I AGREE/ACCEPT”.
  • Intellectual Property: Shall mean all intellectual property including, without limitation, the indigenous software, business method, trademark, service marks, copyrights, industrial designs, software, source code, business model, know-how of Artify, whether or not utilized in the performance of this Agreement.
  • Officially Valid Documents (OVDs): Shall mean the five documents notified by the Government of India, which are officially valid documents for the purpose of producing Proof of Identity. These five documents are Passport, Driving License, Voter Identity Card, PAN Card, Aadhar Card issued by UIDAI, and NREGA.
  • KYC: Shall mean “Know Your Customer” and is the process by which Artify obtains information regarding the identity and address of the User supported by OVD to ensure that services rendered by Artify are not misused.

Referral Program and Benefits

  • User can refer the Gen Gama Services to other users, and those Users can further refer the Gen Gama Services to more users, creating a multilayered structure of Users. Users will get a commission (sales commission) on the purchase of services by:
    • Users referred by them (Level 1 Users)
    • Users referred by Level 1 Users (Level 2 Users)
    • Users referred by Level 2 Users (Level 3 Users)
    • And so on, up to Level 12 Users.
  • Sales Commission will be calculated based on the Commission rate/percentage displayed with each service at Gen Gama.
  • Sales Commission will automatically be credited to the user’s wallet after deducting appropriate TDS, from where the user can redeem the money into their bank account.
  • User has to refer a minimum of three users within one month of participating in the referral program to qualify for receiving sales commission.
  • User can refer a maximum of three users.

User’s Obligations

  • User shall not publicize or disclose to any third party, without the consent of the company, either the price or other terms of this document.
  • User shall not create a false identity for the purpose of utilizing the Gen Gama services or misleading others.
  • User is responsible for maintaining the security and privacy of their account.
  • User shall not reverse engineer, de-compile, decode, decrypt, disassemble, or in any way derive source code from Artify’s Intellectual Property.
  • User shall submit identification documents as proof of their personal as well as business identity, as regulated by the Govt. of India.

Confidentiality

  • All confidential and proprietary information of a party (disclosing party) that is made known to the other (receiving party) during the term of this Agreement shall be received in confidence, and the receiving party shall not disclose or use the same for any purpose.
  • The user shall keep Artify informed of any breach of confidentiality obligations and shall provide necessary assistance and co-operation to Artify as required.
  • The parties shall maintain confidentiality with respect to all confidential information, including but not limited to business information, customer data, financial information, etc.

Change Orders

Change orders may be issued from time to time, and the timelines will be specified in each change order. Such change orders will be notified through the notifications on the company website.

Intellectual Property Rights

The intellectual property rights of the respective parties shall continue to vest with the respective owners thereof even if disclosed to the other party for attaining the objectives of this arrangement. Nothing herein shall mean nor shall be construed to mean that they are at any time assigned, licensed, or otherwise alienated to the other party, nor shall the other party be entitled to claim any right, title, or interest therein at any time.

Indemnification

  • User agrees to defend, indemnify, and hold harmless Artify and any of its affiliates, including any of its holding and subsidiary companies in India and abroad, and its directors, officers, employees, representatives, and agents from and against any and all claims, actions, demands, legal proceedings, liabilities, damages, losses, judgments, authorized settlements, costs, or expenses, whether directly or indirectly arising out of or in connection with any violation of applicable law or statutory obligation thereunder, acts or omissions of the User, including any wrongful action of the User.
  • User shall also defend, indemnify, and hold harmless Artify against any claim and/or action brought against the Company or any of its affiliates as a result of a claim based upon an actual or alleged infringement of an Intellectual Property right of a third party.

Limitation of Liability

Neither party shall be liable for any default or delay in the performance of its obligations if and to the extent such default is caused, directly or indirectly, by fires, floods, power failures, Acts of God, acts of public enemy, civil commotion, sabotage, wars, insurrections, riots, labor disturbances, strikes, lockouts, go-slow, terrorist attacks, damage to machinery on account of an accident, or passing of any statutory order by the eligible authorities, prohibiting the performance of such obligation by a competent authority; and restrictions of any country affecting the performance of this agreement or any part hereof. The affected party shall intimate the other party within a reasonable time period of such occurrences.

Settlement of Dispute and Jurisdiction

  • Any legal action pertaining to this Agreement shall be subject to the jurisdiction of Courts of Ghaziabad (Uttar Pradesh) alone, to the exclusion of other courts.
  • All decisions taken by Artify shall be final, and in no event shall the User have the right to object to the same.

Your Consent

Artify will not sell your name, address, e-mail address, credit card information, or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.

Communication & Marketing

If you are registered as a User, we may occasionally update you on services, news, and special offers via e-mail, post, and telephone. You will be given the opportunity to receive such communications from us and selected third parties when you become a User of Gen Gama.

All Gen Gama Users have the option to opt-out of receiving marketing communications from us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties, you should opt-out by using the “Unsubscribe” link in the email communication sent to you.

User can write to Artify at support@gengama.com for any query or concern, and Artify will address this within 24/48 hours and will try its best to provide a resolution in 48 hours.

Site Statistics

We may disclose aggregate, anonymized statistics about the number of visitors to this Website or the number of members as required by our investors. We use an independent measurement and research company to gather data regarding the visitors to this Website on our behalf using cookies and code which is embedded in the site. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page views, paths taken by visitors through the site, data on visitors’ screen settings, and other general information. Gen Gama uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users. Further information regarding the way in which this information is obtained and used can be obtained by contacting us.

Disclosures of Your Information

We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:

  • In the event that Gen Gama sells or buys any business or assets.
  • If Gen Gama or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of Gen Gama, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Third Party Sites

Our site may contain links to and from the websites of our partner networks, advertisers, and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Checking Your Details

If you wish to verify the details you have submitted to Gen Gama, you may do so by contacting us. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser’s password memory function as that would permit other people using your terminal to access your personal information.