Terms and Conditions of Use

Date of entry into force: 25/09/2021

SplitGenie is a fully owned subsidiary of SPLITGENIE TECHNOLOGIES PRIVATE LIMITED, with its registered office at 56, Nagendranagar 4th Lane, Krishnanagar, Nadia – 741101, West Bengal, India . SplitGenie owns and manages the website splitgenie.com, the sharing of certain online services between users by allowing them to set up and join groups to communicate, split the cost of subscribing to the online service and arrange payment.

Any user or visitor to the site must be aware of these general conditions of use of the site.

Article 1: Definitions

Site: refers to the site splitgenie.com

Visitor: refers to any person accessing the site splitgenie.com who is not a user.

User: refers to any person registered on the site splitgenie.com

Shared subscription: refers to a recurring fundraiser organized by a subscription host.

Host: designates a user registered with the site who has created a shared subscription.

Joiner: designates a user who has subscribed to a shared subscription.

Guest: designates a visitor or user who has been invited to join the subscription shared by the host.

Account: designates the virtual customer space assigned to each user of the site splitgenie.com

Participation: refers to the amounts paid on a recurring basis by Joiners to a host for a shared subscription.

Service(s): refers to the service (s) provided by the company SplitGenie via this website to users.

User Content: refers to all content provided, uploaded or created by users on the platform; whether they are information, text or image.

Article 2: Application and purpose of the General Conditions of Use

The general conditions of use herein govern the terms and conditions of use of the Site, and describe the reciprocal obligations under which the SplitGenie company offers its services to visitors and users of the site. They are applicable throughout the duration of use of the Site and the Services.

The general conditions of use must be read and accepted without reservation, otherwise Visitors must stop browsing the Site. Any Visitor or User declares to have read them and agrees to be bound by them.

We may immediately suspend or terminate your access to the SplitGenie Service if we suspect that you are sharing access to an online service in breach of that service provider’s terms.

The SplitGenie Service implements automatic restrictions on sharing common services, such as Netflix and Spotify. We may immediately suspend or terminate your access to the SplitGenie Service if you attempt to circumvent these restrictions.

We will need to conduct certain checks to verify your identity in order for you to use the payment features of the SplitGenie Service. We may refuse to provide you with all of the relevant features of the SplitGenie Service if we are unable to do this.

Article 3: Capacity and eligibility

Any Visitor or User of the Site declares to be legally able to commit to these general conditions of use. In the absence of full legal capacity, the visitor or user must leave the Site, or obtain the consent of his legal representative.

It is also required to be over 18 years old to be able to become a User.

Any Visitor or User of the Site declares to be a natural person residing in India.

Article 4: Registration on the Site

To become a User of the Site, it is necessary to complete the registration form accessible from the home page of the site, or when creating a shared subscription. During this registration, the Visitor guarantees the accuracy of the data he transmits, and must accept the general conditions of use of SplitGenie.

Once this form has been completed and validated, the User must validate his account from the OTP that is sent to the phone number he/she has provided.

He/she undertakes to update this information in his/her Personal Space in the event of modifications (in particular in the event of a change of email address), so that it always corresponds to the above-mentioned criteria.

The User may access his Personal Space at any time after having identified himself using his login and password.

The user is solely responsible for his identifiers, composed of an email address and a phone number, as well as the use of his account. SplitGenie cannot be held responsible for the consequences of the use of a user’s identifiers by a third party and / or the loss of his identifiers by a User.

By becoming a User of the Site, you agree to use the Site Services only for lawful purposes and in accordance with good morals.

SplitGenie or its provider PAYTM may refuse a registration request without providing an explanation, and without this constituting a right to any compensation. SplitGenie customer service reserves the right to request additional identifying information and supporting documents if necessary.

Users are strictly prohibited from holding multiple accounts on the Site, even with different identifiers. Any natural or legal person can only have one account. Any infringement will result in the deactivation of the account(s), and in the reimbursement of participation deemed irregular by the SplitGenie customer service.

Acceptance of these terms and conditions is evidenced by a box to be ticked on the registration form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Site or use the Services.

Article 5: Creation and management of a shared subscription

5.1 Creation

The correctly connected and identified User can create a shared subscription freely after acceptance of the general conditions of use. During this creation, the user must fill in the mandatory fields:

• The subscription category it is part of
• An explicit detail of the shared costs, also indicating any restrictions and conditions of access to the subscription.
• The full name of the organizer of the shared subscription
• The amount and currency of the requested participation joiners
• The maximum number of joiners allowed
• The recurrence of participation (weekly, monthly, quarterly, half-yearly or yearly)
• The model for sharing participation between joiners
• Any information necessary for co-joiners to benefit from the benefits of the shared subscription. These will only be displayed to users after confirming their commitment to the shared subscription.
• The duration is not mandatory, as you can stop the subscription at any time from your account.

The name and description of the shared subscription, as well as the full name of the Host should be completed carefully. These fields determine the purpose of the mandate given by the Joiners to the Host of the shared subscription. Their content is the sole responsibility of the organizer.

The Host undertakes that the price of the subscription, resulting from the sum of the participations, corresponds to the real price of the service that he shares with the joiners, and not to use this as a source of income. The use of SplitGenie’s Services is limited to reimbursement of costs.

The host should also identify the category of individuals that can become members of the Sharing Group:

• Family (joiners must be resident family members at the same address);
• Domestic household (joiners must reside at the same address)
• Friends
• Work colleagues

He/she should select whether the Sharing Group will be publicly searchable on the SplitGenie Service and confirm that you have read and agree to the Sharing Rules applicable to the online service.

The host is responsible for ensuring that you are the account holder in respect of the online service and have all necessary rights to grant the members of the Sharing Group access to the online service

The Host also undertakes not to communicate misleading information about the subscription and its price. Any abusive practice may be penalized by closing the account and taking legal action.

5.2 Management

Once the shared subscription is created, the host can:

• Invite users or visitors to register to participate in your subscription.
• View payments made by other users
• Stop the subscription at any time. This closure is final and will result in the cessation of payments by joiners.
• Communicate with joiners via secure chat
• Modify subscription information intended for joiners.
• Collect the amounts of each of the joiners’ participations, provided that the joiner has used the shared subscription for a minimum period of 1 week (7 days), beyond which the host can collect payments accordingly. Please note, if a joiner leaves the shared subscription willingly before the tenure of the subscription cycle, without any proven mishaps, the host will be paid in full.
• The maximum number of payouts is 2 per month.
• Request from SplitGenie customer service by email at [email protected]:
• cancellation of the subscription, if no sum has yet been paid.
• the withdrawal of certain joiners

5.3 Responsibility

The host of a shared subscription is responsible for managing it. He must ensure the regularity of this with respect to the regulations in force, and good morals of all the elements of the shared subscription. He undertakes not to publish any indecent or illegal content, and to report any inappropriate behavior in the secure chat to the SplitGenie customer service, which can moderate it.

The Host who receives a request for a Subscription via the Site undertakes to respond to this request within 48 hours of receiving it. If no response is received within this period, the Subscription request will be cancelled.

If the Subscription request is confirmed within the above period, the Subscriber who made the request will have access to the Host's Subscription, thanks to a link sent directly to him/her by the Host, within 24 hours of the confirmation of his/her request, via the message service provided on the Website.

If the Host fails to send the link within this period, the Host's account will be blocked and SplitGenie will reimburse the Subscriber the amount of the Subscription already paid.

The amount corresponding to the Subscriber's share of the Subscription will be paid by SplitGenie into the Host's kitty. In this respect, the Host may provide SplitGenie with all the documents requested, so that he/she can pay the amounts concerned into a bank account from his/her kitty. The Host may also decide to use the funds available in his/her Kitty directly on the Website.

5.4 Shared subscription prohibited

The creator agrees not to organize an illegal shared subscription. In particular, shared subscriptions giving access to illegal services, or to services that do not allow sharing in their general conditions of sale, are considered as non-compliant subscriptions.

The creator also undertakes not to organize a shared subscription:

• based on free or trial services.
• for business profit.

Shared subscriptions linked to activities or content in the list below are also prohibited, without this list being exhaustive:

• related to weapons, drugs, pedophilia
• gambling
• pimping or escorting
• doing the ‘apologizing for or financing terrorism or violence
• promoting racial hatred or discriminatory
• pornography
• astrology or clairvoyance
• linked to associations helping prisoners, religious associations or funding places of worship
• linked to associations having even occasional activity in combat zones
• related to the sale of precious metals and precious stones

The host also must not:

• create more than one Sharing Group in relation to the same online service
• attempt to circumvent any restrictions on the SplitGenie Service on the information you can enter when creating a Sharing Group for a commonly shared service, including manually entering a name similar to a commonly shared service
• invite to join your Sharing Group, or accept requests to join your Sharing Group from any users that are not in the category of users with whom you are permitted to share access to the applicable online service in accordance with the applicable Sharing Rules
• invite to join your Sharing Group, or accept requests to join your Sharing Group from more users than are permitted to share access to the applicable online service in accordance with the applicable Sharing Rules; or
• otherwise share access to an online service in breach of that service’s Sharing Rules.

We may monitor your activity on the SplitGenie Service to ensure that you comply with the pre-mentioned rules.

Failure to do so constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

• immediate, temporary or permanent withdrawal of your right to use our SplitGenie Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in the above mentioned points are not limited, and we may take any other action we reasonably deem appropriate.

SplitGenie reserves the right to suspend the shared subscription at any time and for any reason whatsoever, and to suspend the creator account in the event of non-compliance with these terms of use, or if joiners make negative reports to the company’s customer service. This does not give rise to any right to compensation.

SplitGenie also reserves the right to block funds collected for an indefinite period and reserves the right to reimburse joiners, with the exception of the commission charged for management fees.

5.5 Prohibited uses of the Service

The host of a subscription undertakes not to take out this subscription himself, via his account or via another account. Any infringement will result in the deactivation of the account (s), and in the reimbursement of the participations deemed irregular by the SplitGenie customer service.

Article 6: Participation in a shared subscription

6.1 Participation

The Subscriber who wishes to take out a Subscription via the Website acknowledges and accepts that his or her subscription is conditional upon acceptance of the Subscription by the Host concerned.

In the event of a positive response to this request by the Host concerned, the Subscriber will receive confirmation by any written means and in particular by email.

No cancellation of the request is possible within one hour of the request. At the end of this period, the Subscriber is free to cancel the request as long as no reply has been received from the Host.

The User acknowledges and accepts that upon receipt of the Host's confirmation, SplitGenie will debit the amount corresponding to the first month's Subscription, in accordance with the conditions set out in the "Financial Conditions" article.

The Subscriber may choose to make several simultaneous Subscription requests for the same Distributor. In this case, the Subscriber acknowledges and accepts that in the event of simultaneous positive responses to these requests by the Hosts, SplitGenie will not reimburse the amounts charged.

In the event that the Host terminates his Subscription, SplitGenie undertakes to reimburse the Subscriber the monthly amount of the Subscription, pro rata to the number of days remaining until the end of the month of Subscription concerned.

SplitGenie also makes the Site available to Hosts to share Subscriptions privately with persons of their choice. In this case, the Subscriber acknowledges and accepts that SplitGenie has no control over the private subscriptions offered by a Host and acts only as a payment service agent in the relationship between Hosts and Joiners.

As a result, no reimbursement can be made in the event that the Subscriber accesses a private offer proposed outside the platform.

You will also need to confirm your relationship to the Group Admin User in order to join a Sharing Group. You must not misrepresent this relationship or attempt to:

· join a Sharing Group that consists of users with whom you are not permitted to share access to the applicable online service in accordance with the applicable Sharing Rules;

· circumvent any restrictions on the SplitGenie Service on the individuals with whom access to an online service may be shared; or

· breach or otherwise facilitate any breach of an online service’s Sharing Rules.

We may monitor your activity on the SplitGenie Service to ensure that you comply with the previous points. Failure to do so constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

• immediate, temporary or permanent withdrawal of your right to use our SplitGenie Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in the previous points are not limited, and we may take any other action we reasonably deem appropriate.

6.2 Messaging

Users also have access to a messaging system enabling them to communicate with other Users, under the conditions described on the Site.

The User is expressly informed and accepts that SplitGenie may access at any time the messages exchanged by the Users through this messaging system and, if necessary, take advantage of them to assert its rights, particularly in the context of legal action.

6.3 Duration of the Services, deregistration

The Services are subscribed to for an indefinite period.

The User may unsubscribe from the Services at any time, through his Personal Space.

SplitGenie's cancellation is carried out by sending an email to the User. Unsubscription is effective within a maximum of 7 (seven) days from the date of this request.

It will result in the automatic deletion of the User's Account.

Article 7: Benefit of subscribing to a shared subscription

The host is solely responsible for the benefit of the registration to his subscription by the joiners, and for the proper use of the funds collected on his account. He agrees to the joiners to make use of it in accordance with the mandate given by each of the joiners, and to provide joiners with the benefit of their subscription to the shared subscription as advertised in the description that the joiners we could consult.

Any lack of information from joiners or any misleading or incomplete information may give rise to reimbursement of joiners after analysis by SplitGenie customer service. Joiners are invited to exchange with the Host on the secure chat for information, and to contact customer service at [email protected] for any complaint, providing the name of the subscription, the name of the host, and detailing the elements of the dispute.

The joiners declare that they have been informed that SplitGenie has no responsibility in the use and destination of the funds collected by the host, nor in the access and enjoyment by users of the subscription services described by the host. These result from the agreement between the host and the joiners, resulting from the presentation of the service by the host, and the acceptance of the latter by the joiners. In the event of disagreement between the joiners, the joiners may withdraw from the general conditions of use herein.

Article 8: Price of SplitGenie services

The Services are provided by SplitGenie to the Hosts free of charge, with the exception of the costs of putting them in touch with each other, which are detailed on the Site.

In the context of the provision of Services to Joiners, SplitGenie receives a commission, the amount of which is indicated on the Site.

SplitGenie reserves the right, at its own discretion and on terms to be determined by it, to offer promotional offers or price reductions.

The prices referred to in the article "Prices" may be revised by SplitGenie at any time, at its free discretion.

The User shall be informed of such changes by SplitGenie by any useful written means (and in particular by email) at least 1 (one) month before the new prices come into force.

Once in force, the new prices apply when the Subscription is renewed.

The Services are subject to invoices which are made available to the User on his Personal Space.

Article 9: Payment defaults, unpaid bills and reimbursement

The host alone bears the unpaid costs and undertakes to take charge of the rejection of payment resulting from opposition to the means of payment used by the joiners.

The host declares to be informed that SplitGenie carries out checks on the validity of the means of payment used by the joiners, and implements means to ensure the debit of the participations, but that SplitGenie can in no case be held responsible for payment defaults by joiners and the consequences that this causes for the host. SplitGenie will however make its best efforts to restart failed payments, and to inform the host in the event of default by one of the joiners.

The joiners declare that they have been informed that the default of payment, or the refusal of payment by their bank on a transaction, may be a reason for stopping their participation in a shared subscription. SplitGenie will make its best efforts to inform joiners of failed payments so that they can provide an alternative payment method.

Article 10: Intellectual property

The user's consent to SplitGenie the transfer, free of charge and for the whole world, of the reproduction and representation rights, including the rights of distribution, adaptation, translation, User Content for use on all media. existing and future. This transfer takes place for the duration of the copyright defined by law, and any possible extension. The transferred rights include:

• reproduction rights: the right to reproduce all or part of the content on all the aforementioned media.
• representation rights: the right to represent all or part of the content, by any processes.
• distribution rights: the right to unlimited distribution of content.
• adaptation and follow-on rights: the right to adapt content, including by modifying their presentation, and creating other content inspired or partially reproducing the content.

Users must ensure that they have the right to perform this session.

The right for SplitGenie to use User Content in no way affects the rights of users to the protection of personal data, described in the privacy-policy accessible from this link.

Article 11: Rules of acceptable use

In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the SplitGenie Service

When using the SplitGenie Service, you must not:

• circumvent, disable or otherwise interfere with any security related features of the SplitGenie Service, or any restrictions that we put in place for setting up or joining Sharing Groups;
• try to contact or arrange payment to another user in relation to a Sharing Group other than through the SplitGenie Service;
• use the SplitGenie Service for commercial purposes, or accept any payment or commission in relation to your use of the SplitGenie Service other than as expressly permitted in these Terms of Service;
• give any false or misleading information, impersonate any person or permit any other person to use the SplitGenie Service under your name or on your behalf unless such person is authorized by you;
• breach, attempt to breach or facilitate a breach of any Sharing Rules;
• use the SplitGenie Service if we have suspended or banned you from using it;
• advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property;
• promote or advertise any goods or services on the SplitGenie Service;
• send any unsolicited marketing communications through the SplitGenie Service;
• modify, interfere, intercept, disrupt or hack the SplitGenie Service;
• misuse the SplitGenie Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the SplitGenie Service or any user of the SplitGenie Service’s own equipment;
• collect any data from the SplitGenie Service other than in accordance with these Terms of Service;
• submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
• submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
• use any User Content in violation of any licensing terms specified by the host;
• submit or contribute any information or commentary about another person without that person’s permission (including leaving a review of a user who is not the Group Admin User of your Sharing Group or, if you are a Group Admin User, a member of your Sharing Group);
• threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
• use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the SplitGenie Service in a manner that send more request messages to the SplitGenie Service than a human can reasonably produce in the same period of time.

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

• immediate, temporary or permanent withdrawal of your right to use the SplitGenie Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Article 12: Responsibilities of SplitGenie

SplitGenie declares to implement all its means to allow secure access to the site but cannot be held responsible in the event of unavailability or occasional malfunctions of it, insofar as its operation depends on factors that SplitGenie does not master. SplitGenie thus reserves the right to temporarily suspend access to the site to carry out maintenance actions or updates. SplitGenie may also modify the site in order to improve its functioning.

SplitGenie does not guarantee the operation of the site on all operating systems or on all Internet browsers, or on all computer equipment available on the market. In the event of non-operation, however, you can contact customer service by email at [email protected] to enable us to identify this problem.

In the event of a dispute with one or more users or visitors to the site, SplitGenie’s liability, whatever the basis, motivation and form of the action, will be limited to the damages suffered.

Article 13: Evolution of the Terms and conditions

SplitGenie may modify these General Conditions of Use at any time without notice; they will become effective as soon as they are published on the Site. Any use of the Site or the services by users or visitors implies adherence to the latest published version of the General Conditions of Use.

Article 14: Deletion or cancellation of account

Users can request the deletion of their account, by writing an email from the email corresponding to their account, to the address [email protected] and mentioning “account deletion” in the subject line. email.

If the account has already received participation on a shared subscription, the user wishing to remove it must also attach a photo of their ID for their request to be processed.

Deletion requests will be processed within 30 days at the latest.