Terms And Conditions
Focus Tracking System provide their services to you subject to the terms and conditions given hereunder. If you visit us at focustrackingsystem.com, you accept these Terms and Conditions. Please read them carefully. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Focus Tracking System. By using the shopping and other services of Focus Tracking System, you agree to be bound by these terms and conditions. All products/services and information displayed on Focus Tracking System constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Focus Tracking System reserves the right to accept or reject your offer at any time or under any circumstances.
- "Product/Products" means and includes any goods/products/services/offers/display items that are uploaded /showcased/displayed on Focus Tracking System by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.
When you visit Focus Tracking System or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Focus Tracking System. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- Focus Tracking System has made this service available to use as a matter of convenience.
- Focus Tracking System expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Focus Tracking System also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Focus Tracking System does not warrant that these sites/applications, its servers, or e-mail sent from Focus Tracking System are free of viruses or other harmful components. Focus Tracking System will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- The Service(s) of Focus Tracking System is provided on an "as is" basis without warranties of any kind, whether express or implied. Focus Tracking System does not represent or warrant maintaining the confidentiality of information; although Focus Tracking System current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or expressed, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
- Focus Tracking System does not endorse in anyway any advertisers/ contents of advertisers on its pages or other communication.
- Focus Tracking System will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- Focus Tracking System assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the services.
- Any interruption or errors in the operation of the services. You expressly understand and agree that Focus Tracking System shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Focus Tracking System has been advised of the possibility of such damages).
- Focus Tracking System therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on Focus Tracking System.
- Focus Tracking System shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Focus Tracking System.
- Notwithstanding anything contained herein, Focus Tracking System acts only as a booking agent/platform to facilitate / integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, online mobile webstore, online mobile apps, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Focus Tracking System, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
- All prices, unless indicated otherwise are in Indian Rupees and Focus Tracking System reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice.The availability of products is subject to change without prior notice at the sole discretion of Focus Tracking System and orders can be cancelled if the product goes out of stock with the Vendor/Seller.Focus Tracking System reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or chequeor otherwise. In the event the payment has been processed by Focus Tracking System the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.
- In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Focus Tracking System will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
- Any request for cancellation of orders once duly placed on the site, shall not be entertained.
- In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Focus Tracking System for re-delivery shall be claimed from the User placing the order.
- All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Focus Tracking System on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Focus Tracking System is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to Focus Tracking System. Focus Tracking System does not take any responsibility for any incorrect or error in the display/showcase of such information.
- Presently, the service(s) of Focus Tracking System Shopping are being offered free. However, Focus Tracking System reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. Focus Tracking System also reserves the right to offer certain services or product offers, exclusively to a limited set of customers at its sole discretion or under specific terms & conditions.
- Focus Tracking System and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
- Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
- The logo / image of Focus Tracking System on the home page of the websites , mobile site or applications & other pages and as used in the communication to the User is registered by Focus Tracking System and cannot be used or communicated or distributed without the specific and written permission of Focus Tracking System.
LICENSE AND SITE ACCESS
- Focus Tracking System grants you a limited license to access and make personal use of the websites/ mobile sites / applications and not to download (other than page caching) or modify it, or any portion of it, except in case Focus Tracking System gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites/ mobile sites/applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites/applications or any portion of these sites/applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Focus Tracking System. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Focus Tracking System and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Focus Tracking System name or trademarks without the express written consent of Focus Tracking System. Any unauthorized use terminates the permission or license granted by Focus Tracking System. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Sonikgps.com as long as the link does not portray Focus Tracking System, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Focus Tracking System logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENTS
- Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Focus Tracking System reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- If you do post content or submit material, and unless we indicate otherwise, you grant Focus Tracking System and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Focus Tracking System and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Focus Tracking System or its affiliates for all claims resulting from content you supply. Focus Tracking System has the right but not the obligation to monitor and edit or remove any activity or content. Focus Tracking System takes no responsibility and assumes no liability for any content posted by you or any third party.
- Focus Tracking System and its affiliates attempt to be as accurate as possible. However, Focus Tracking System does not warrant that product descriptions or other content or prices/amounts on Focus Tracking System are accurate, complete, reliable, current, or error-free. If a product offered by Focus Tracking System itself is not as described, your sole remedy is to return it in unused condition.
- You shall indemnify and hold harmless Focus Tracking System, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
- SMS Communication Process for National Do Not Call (NDNC) Registered Subscribers
- As per TRAI guidelines, Focus Tracking System is permitted to send informational/promotional SMS to its NDNC Registered Subscribers in the following situations: At the time of Registration by the customer on Focus Tracking System;
- Sending the referred SMS for a period of 6 months from the time of placing a valid order with Focus Tracking System
- Obtain a fresh request from the subscriber every six months for continuing to receive such information;
- Intimate to the subscriber at least once in 30 days about the procedure to opt out from receiving such information;
- Provide details regarding procedure to opt out from receiving such information in every advertisement wherein the Opt-In procedure is published any media;
- Maintain a record of the request made by the subscriber for receiving such information for at least three months and provide such record as and when required by the Authority;
- Intellectual property right etc, and the information does not contain any content which may violate any law of the
- Focus Tracking System shall have no liability to you for any interruption or delay in access to the Sites/Applications irrespective of the cause.
- If any dispute arises between you and Focus Tracking System, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Focus Tracking System. The place of arbitration shall be Delhi/New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
- This site is created and controlled by Focus Tracking System. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. Focus Tracking System reserves the right to make changes to the terms, conditions and disclaimers at any time and without information to the customers/users of the services/of Focus Tracking System. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
- These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.