This is a legally binding agreement and is enforceable against You. Focify may modify the terms of the TOS at any time and shall inform You of the same. You will be deemed to have accepted the revised TOS if You continue to access the Platform after the modifications become effective. If You do not agree to the terms of this TOS, please do not access or use the Platform.
The following are the terms and conditions on which Focify agrees to permit You to access and use the Platform and the Services.
In order to access and use the Platform, You will be required to register Yourself and maintain a Focify account ("Account") which will require You to furnish to Focify, certain information and details, including Your name, e-mail id, and any other information deemed necessary by Focify ("Account Information"). You agree to keep this information updated at all times.
You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. Focify and its affiliates / partners are not liable for any harm caused by, or related to the theft of, Your ID, Your disclosure of Your Account Information, or Your authorization to allow another person to access and use the Service using Your Account. However, You may be liable to Focify and its affiliates / partners for the losses caused to them due to such unauthorized use.
You agree to immediately notify Focify of any unauthorized use of Your account or any other breach of security known to You.
In order to ensure that Focify is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to let Focify's employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse. Additionally, You agree to disclose to Focify, and permit Focify to use, Your log-in ID, password and such other account details with respect to Your account(s) with e-commerce websites/platforms, for the limited purpose of resolving technical problems.
You also grant Focify the right to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.
Focify hereby grants You a specific, non-exclusive, non-transferrable and limited license to access and use the Platform (which is public cloud hosted order and/or warehouse management application) via the internet, and avail of the services provided by the Platform with respect to warehouse management ("Services"). Focify reserves the right to make changes to the functionality or the documentation of the Platform and the provision of Services from time to time.
Focify retains all rights in the Platform and the Services, and grants You only a right and license to use the Platform / application as stated herein. No other license is intended to be granted to You. Focify reserves all rights in its name, trademarks, copyrights and any other intellectual property.
You may use the Platform and the Service to store data, print and display data in the Service. No other use of the Platform and the Service by You shall be permitted.
You may access the Platform and the Services using a single user Account via multiple access points. You may allow Your employees, agents and independent contractors to access the Platform via Your Account on Your behalf. However, You agree not to provide any access to Your Account to any third party vendors.
Focify shall perform all necessary server management and maintenance services with respect to the Platform at no additional cost to You.
Focify does not guarantee availability of the Platform at all times. Focify shall use reasonable efforts to make the Services available to You, at all times through the Platform. However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Focify's control. Therefore, Focify shall not be liable for non-availability of the Services at any time. Focify may try and restore access to the Platform and the Services on a best reasonable and commercially viable basis.
The Platform is a standard off-the-shelf application. We do not provide any customization in the platform.
You agree to use the Services solely for the purpose for which the Services are provided, namely warehousing, and solely to aid Your business. You shall not sublicense or resell the Platform or the Services for the use or benefit of any other organization, entity, business or enterprise.
You agree not to submit or upload to the Platform, any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy or otherwise objectionable (collectively, "Objectionable Matter"). Focify reserves the right to adopt and amend rules for the permissible use of the Platform and the Services at any time, and You shall be required to comply with such rules. You shall also be required to comply with all applicable laws regarding privacy, data storage etc., or any other policy of Focify, as updated from time to time. Focify reserves the right to terminate this Agreement and Your access to the Platform, without notice, if You commit any breach of this clause.
As part of the Services, the Platform allows You to upload data / content to it. All user data uploaded or submitted by You to Your Account, shall be Your sole property. You retain all rights in the data uploaded by You to the Platform and shall remain liable for the legality, reliability, integrity, accuracy and copyright permissions thereto of such data. Focify will use commercially reasonable security measures to protect the User's data against unauthorized disclosure or use. However, Focify does not guarantee data security. If Your data is damaged or lost, Focify will use commercially reasonable means to recover such data. You agree that You are entering into this agreement in full knowledge of the same.
You shall not alter, resell or sublicense the Platform or the Services to any third party. You shall not reverse engineer the Platform or its software or other technology, circumvent, disable or otherwise interfere with security-related features or any digital rights management mechanisms of the Platform. You will not use the Platform or the Service to (i) build a competitive product or service, (ii) make or have a product with similar ideas, features, functions or graphics of the Platform, (iii) make derivative works based on the Platform / Services; or (iv) copy any features, functions or graphics of the Platform/Services.
Focify reserves the right to suspend or terminate Your access to Your Account if You cause any disruption or harm to the Focify infrastructure or to any third parties, or violate the provisions of the Information Technology Act, 2000, any applicable privacy laws or any of the applicable laws. You hereby consent to let Focify's employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.
This is a paid version of the Platform. The Platform works on a prepaid or recharge model where You may choose from the paid or recharge options ("Fees") by going to the billing section of your Focify account.
The Fees shall be exclusive of all applicable taxes. You may choose to pay the Fees by any of the payment options made available by Focify including, credit card, debit card, net banking or cheque. There will be no deduction of TDS in case of use of any of the online methods for payments of Fees. However, if You choose to pay by cheque and deduct TDS on the Fees, You shall be given credit for the amount of TDS deducted. A processing fee of Rs 200/- will be charged to You in case of cheque payments. If Focify changes the Fees payable, Focify shall give You advance notice of these changes via a message to the email address associated with Your Account. Focify will bill You through Your chosen payment method, from the date You opt for the paid Services option until termination. All payments are final and non-refundable. You will not be entitled to any cancellation or cooling off period after opting for the paid Services.
All advance paid is non-refundable and initial upgrade amount paid will have validity of 30 days. If customer is unable to go live and start-processing orders in specified period, his account will be disabled and upgrade fees will be adjusted.
The Services are provided to You via the internet and data and cellular networks, relevant internet charges and network or data charges, roaming charges, etc., applicable for Your use of the internet and the data shall apply (over and above the Fees) while accessing the Platform and availing the Services. You accept responsibility for all such charges that may arise due to Your use of the Platform and the Services.
You shall indemnify and hold harmless, Focify, its affiliates, any third party content / networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, losses, damages, costs and expenses arising out of, or relating to, Your use of the Platform and the Services or Your breach of the TOS or any other restrictions or guidelines provided by Focify. This indemnification obligation will survive at all times, including, Your use of the Platform and the Services.
THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "WITH ALL FAULTS AND RISKS" BASIS, WITHOUT WARRANTIES OF ANY KIND. Focify DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF THE PLATFORM OR THE SERVICES OR ITS SUSTAINABILITY FOR A PARTICULAR PURPOSE OR THE SAFETY/SECURITY OF THE DATA/CONTENT STORED ON THE PLATFORM BY YOU. Focify DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM OR ANY MATERIAL THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Focify DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM AND THE SERVICES WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENT OR GOVERNMENTAL AGENCY.
To the maximum extent permitted by applicable law, Focify provides no warranty on the use of the Platform and the Services, and shall not be liable for the same under any laws applicable to intellectual property rights, libel, privacy, publicity, obscenity or other laws. Focify also disclaims all liability with respect to the misuse, loss, modification or unavailability of the Platform and the Services.
YOU ASSUME THE ENTIRE RISK OF USING THE PLATFORM AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Focify BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS THE PLATFORM OR THE SERVICES OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT Focify HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE SOFTWARE OR THE SERVICES. FURTHER, Focify SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES BY Focify, DATA LOSS OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
Focify'S AGGREGATE LIABILITY, IF ANY, (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED FROM YOU FOR THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE THE CLAIM WAS MADE. DAMAGES, IN THE NATURE, AND TO THE AMOUNT, PROVIDED IN THIS CLAUSE, IS THE ONLY RECOURSE THAT YOU MAY HAVE AGAINST Focify FOR BREACH BY Focify OF ANY OF ITS RIGHTS OR OBLIGATIONS HEREUNDER.
The content uploaded by You may be available on the e-commerce websites / marketplaces in India or abroad, as chosen by You. In such circumstances, the notice and takedown provisions applicable to the particular e-commerce websites / marketplaces will be applicable to the content uploaded by You. Content which is objectionable or infringing will be accordingly taken down. For all other times, the notice and takedown mechanism provided below will apply.
You may also inform the Grievance Officer / Nodal Officer if any content that is in violation of the TOS.
The details of the Grievance Officer and the Nodal Officer are as provided below:
Address of the Grievance Officer: No 5M - 126, 5th Main, OMBR Layout, Banaswadi, Bengaluru, Karnataka 560043
Email Address: firstname.lastname@example.org
If You knowingly misrepresent that any material or activity is infringing, You may be subject to legal liability. Accordingly, if You are not sure whether material available online infringes your copyright, please contact a lawyer.
The Services will remain in effect until suspended or terminated under this TOS.
You may terminate Your registration by sending an email to info@Focify.com, if You no longer wish to use the Platform. On termination, You will cease to have access to the Platform or any of the Services.
In addition to the above, If you are not able to go live and start processing orders within 30 days of up gradation date, Focify shall be entitled to terminate Your Account irrespective of the balance amount available in Your Account. In such cases, Focify shall not be liable to refund any Fees to You.
In addition to the above, if You do not process any order through the Platform for a continuous period of one (1) month, Focify shall be entitled to terminate Your Account irrespective of the balance amount available in Your Account. In such cases, Focify shall not be liable to refund any Fees to You.
Upon termination of this TOS, Your right to access the Platform and use the Services shall immediately cease. Thereafter, You shall have no right, and Focify shall have no obligation thereafter, to execute any of the uncompleted tasks.
Focify does not have a refund policy and therefore, no refund of the Fees shall be provided under any circumstance.
Once the Services are terminated or suspended, any data that You may have stored on the Platform, may not be retrieved later. Focify shall be under no obligation to return the information or data to you.
This TOS is governed and construed in accordance with the laws of India. The courts in Karnataka alone shall have exclusive jurisdiction to hear disputes arising out of the TOS without any reference to the conflict of law provisions. The Platform is made available to You by Focify from its offices in India. You agree that: (i) the Services shall be deemed solely based in India; and (ii) the use of the Platform and the Services do not give rise to personal jurisdiction over Focify, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India's choice of law rules, will apply to these TOS and to the provision of Services by Focify and Your use of the same. Focify makes no representation that the Platform and the Services are appropriate or available for use at other locations outside India. Access to the Platform from jurisdictions where the Services are illegal is prohibited. Focify reserves the right to block access to the Platform by certain international users. If You access the Platform from a location outside India, You are responsible for compliance with all applicable local laws.
Focify shall be under no liability whatsoever in case of occurrence of a Force Majeure event, including in case of non-availability of any portion of the Platform and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, failure of technology integration of partners or any other cause whatsoever, beyond the control of Focify. Further, in case of a force majeure event, Focify shall not be liable for any breach of security or loss of data uploaded by You to the Platform.
Any failure by Focify to enforce the TOS, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
If any of the provisions of this TOS are deemed invalid, void, or for any reason unenforceable, that part of the TOS will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the TOS.
If You have questions or concerns about the TOS, please contact Focify at info@Focify.com