TERMS & CONDITIONS OF USE OF WEBSITE [TERMS OF USE]

This page states the Terms and Conditions under which you (Visitor) may visit this Web site http: www.worldoo.com, (hereinafter referred to as ‘Website’ which includes Worldoo Service or Worldoo Mobile Application) from Computer, Mobile Device, Tablet or through any other existing device or any device that may be developed in future through which the website is accessible. The Website www.worldoo.com is owned and controlled by FOCUS KIDS COMMUNICATION PVT.LTD. (FOCUS).

Please read this page carefully. If you do not accept the Terms and Conditions stated herein, we request you to exit the Website, as acceptance of these Terms is precondition for accessing the Website. FOCUS, any of its business divisions and / or its subsidiaries, associate companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all Visitors of this Website. In using www.worldoo.com service, you are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access the website.

The following definitions apply to these Terms and Conditions, Privacy Statement and any or all Agreements:

 

DEFINITIONS:

 

Content” shall mean to include but not limited to information, data, text, software, sound, images, graphics, video, messages and applications;

 

"Customer", “You” and “Your” refers to you, the person accessing this website i.e. the Visitor.

‘FOCUS’ refers to ‘FOCUS KIDS COMMUNICATION PVT. LTD.’, a company incorporated under the provisions of Companies Act, 1956 having its registered office at 401, 403, 607, Phoenix Building, 457, S.V.P. Road, Opera House, Mumbai -400 004, Maharashtra, India, and includes its successors and assigns.

Privacy Policy” shall mean our privacy policy, as detailed in the Privacy Policy link on our Website;

 

Service(s)” shall mean website www.worldoo.com and all the services offered on the Website which FOCUS may offer to its Users for entertainment;

 

Terms” shall means the terms and conditions set out herein;

 

Third Party Service” shall means any service or content, whether related or similar to our Services, which is provided by FOCUS in collaboration with a third party; or which is provided to FOCUS by a third party to enable FOCUS to provide the Services; or which may be used in conjunction with our Services;

 

Use” shall include (without limitation) accessing, retrieving, contributing to, or viewing a Service/ the Website;

 

User”/ “Visitor” shall mean the person who uses the Service / accesses the Website;

 

“we”/”us” /”our” shall mean FOCUS.

 

COMMUNICATIONS:

You accept that FOCUS shall be corresponding with you in an electronic mode and for which you have already consented by accessing this Website. Communication from FOCUS shall be by means of an e-mail or by posting any notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications  to be in writing.

ELIGIBLITY FOR USE OF WEBSITE:

In order to access and use the Service, please ensure that you are eligible to use the Service under applicable laws of India. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the TERMS OF USE and to access, use and avail of the Service. If you do not qualify, you shall not access or use the Service.

 

IF YOU ARE UNDER 14 YEARS OF AGE, YOUR PARENT’S CONSENT IS ESSENTIAL FOR YOUR USE OF THE WEBSITE, AS YOUR ACEESS TO WEBSITE WILL ALLOW US TO COLLECT YOUR PERSONAL INFORMATION AND DEAL WITH IT IN ACCORDANCE WITH THIS PRIVACY POLICY.

IF A PARENT REVOKES CONSENT AT ANY TIME, WE MAY STOP A CHILD’S PARTICIPATION IN AN ACTIVITY ON THE WEBSITE.

If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify FOCUS against any liability incurred by FOCUS in this regard.

DURATION:

 

The User is bound by the Terms from the earlier of the date on which the User:

 

a)      Accept the Terms;

b)     Start using a Service / access the Website; and

c)      For as long as the User uses a Service.

OBLIGATIONS:

In order to access the Website, you may be required to provide certain details including your name, address, email address, age, details of parents, etc.

If you are under 14 years of age, you shall be liable to provide email address of your parents, who shall be responsible to supervise your access to the Website.

You agree to:

Provide true, accurate, current and complete information about yourself and your parents, if required.

YOUR PARTICIPATION IN WORLDOO.COM:

In Worldoo, we are intending to build a website for kids, which should cater to the diverse fields related to kids. We are committed to make this website safe & fun to use and yet meaningful and participative in nature. Therefore, the website will be built on the feedback and suggestions received from kids, parents and teachers.

 

It is therefore, the use of the Website may require you to share your views, feedback, and suggestions for construction of the Website or making changes to the content of the Website. The feedback will be obtained through various sources such as from the Website, emails, Social Media Platforms, SCP Forms, etc. Please note that there is no compulsion for sharing your views, suggestions, feedback, etc. and if you do so, the same will be at your own liking and with specific understanding that as soon as such views, feedback and suggestions are/is shared with us, the same shall amount to property of FOCUS. However, FOCUS disclaims any views or suggestions if they cause breach to any applicable law. Please also note that FOCUS shall use the views, suggestions so shared by you, at its discretion and there will be no liability on FOCUS to act in accordance with such views and suggestions shared with FOCUS.

 

You understand and agree that if FOCUS acts on the basis of any of the views or suggestions shared by you, you shall not claim any right of property therein.

 

You acknowledge and agree that content you view or post on the Website is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Content created by FOCUS. You further acknowledge and agree that the views expressed by you or other users on the Website do not necessarily reflect the views of FOCUS, and FOCUS does not support or endorse any content posted by you or any user.

BRAND AMBASSADOR AND CELEBRITIES:

FOCUS may engage one or more celebrities to promote the initiative of worldoo.com, which is to build a participative website. In doing so, FOCUS will use autograph, likeness, photograph, portrait, Caricature, voice, silhouette, videos of the celebrities.  Either FOCUS or respective celebrity will hold all the intellectual property rights in such material, as the case may be.

 

You are strictly not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer or misuse any such material pertaining to the celebrities including but not limited to autograph, likeness, photograph, portrait, Caricature, voice, silhouette, videos.

 

FOCUS and Celebrities / brand ambassador may use their email accounts or social media accounts including but not limited to facebook, twitter, etc. to promote the Website or effective use of the Website. All the intellectual property in such email accounts or social media account either lies with the social media or the user of it.

 

You shall not associate such social media accounts of FOCUS and that of celebrities associated with worldoo.com with any illegal or immoral material including foul language, racial slurs, derogatory comments, discriminatory comments , sexually explicit content, or content that promotes obscenity, pedophilia, racism, unsolicited junk messages, hatred messages, any abusive, threatening, obscene, defamatory or libelous content, any content causing infringement of rights of third party including intellectual property rights, privacy rights,, any commercial activity, gambling activity, viruses.

 

USE:

1.                   You are not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained in this site.

2.                   You shall not access this Website and operate on any fake e-mail id for the purpose of gaining access into this Website.

3.                   You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

4.                   FOCUS may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of FOCUS violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

5.                   Any information provided by you on this site shall not be misleading in any way.

6.                   You shall not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:

o        is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

o        harasses or advocates harassment of another person;

o        involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

o        hatred messages;

o        promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

o        infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

o        promotes an illegal or unauthorized copy of another person's copyrighted work;

o        provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

o        provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

o        tries to gain unauthorized access or exceeds the scope of authorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

o        Engages in commercial activities and/or sales without FOCUS's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. Throughout this Terms of Use, FOCUS’s "prior written consent" means a communication coming from FOCUS, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

o        solicits gambling or engages in any gambling activity which FOCUS, in its sole discretion, believes is or could be construed as being illegal;

o        contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;

o        interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services; or

o        attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures

o        Refers to any website or URL that, in the sole discretion of FOCUS, contains material that is inappropriate for the Website, contains content that would be prohibited on the Website, or violates the letter or spirit of these Terms of Use.

7.                   You understand that FOCUS has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

8.                   FOCUS reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Website. FOCUS shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of FOCUS, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall FOCUS assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, or otherwise unlawful information.

9.                   It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. FOCUS does not approve of such unauthorized use or acts. You acknowledge and agree that FOCUS is not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

10.               You shall not use this Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

 

 

PEOPLE TALKING ABOUT WORLDOO.

The Website mentions a numbers under the caption ‘ People talking about’, which essentially calculates the mentions of a Worldoo.com across the social network. People Talking About is the number of engaged users who refers worldoo through any of the following ways either existing or in similar ways that may be introduced in future on the social media:

·         like a page of worldoo

·         post on the page wall / tweet or use such other function about worldoo

·         like a post with respect to worldoo

·         comment on a post of worldoo

·         share a post of worldoo

·         answer a question put by worldoo

·         RSVP to a worldoo page’s event

·         mention the worldoo page in a post

·         tag the page / reference/ photograph/ video or any other media of worldoo

·         write a recommendation

·         hashtag # with worldoo reference

·         use of @ function with worldoo reference

·         tagging / page checkins with worldoo reference

·         like / comment / share any of the above

The People Talking About will also include the visitors on the worldoo.com.

 

FOCUS clarifies that these will be total numbers generated through above means throughout the period without any limitation to any specific period. FOCUS  does not guarantee the exact number of engaged users, however, it will always endevour to arrive at exact number of engaged users.

 

LINKS TO/FROM OTHER WEB SITES:

This Website contains links to other third party websites. These links are provided solely as a convenience to you. Wherever such link/s may lead to sites which do not belong to FOCUS, FOCUS is not responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such third party websites. If you decide to access such linked third party websites, you do so at your own risk.

Similarly, this Website can be made accessible through a link created by other third party websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other third party websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of this Website or that such links have been authorised by FOCUS. We are not responsible for any representation/s of such other third party websites while affording such link and no liability can arise upon FOCUS consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any third party website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website is utilized to visit this Website and such event is brought to the notice or is within the knowledge of FOCUS, civil or criminal remedies as may be appropriate shall be invoked.

You shall not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it. 

 

CONFIGURATIONS AND MINIMUM ESSENTIALS:

FOCUS does not expressly recommend any particular software, operating system, application to use and access this Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the Visitor’s computer, then FOCUS shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized.

 

FOCUS also reserves the right to change the software and hardware which is required to gain access to the Website without prior notice to the User and it shall not be the responsibility of FOCUS if the User computer system is incompatible with the software and hardware changes.

 

INTELLECTUAL PROPERTY RIGHTS:

All the content displayed on this Website is the sole propriety and is in the exclusive right, title and ownership of FOCUS, unless otherwise mentioned. The copyright existing in the content on the Website as well as the Website itself is and shall always remain in the sole custody, possession, control and ownership of FOCUS. Copyright for this purpose includes registered as well as non-registered copyright. Trade mark and domain name with of this Website also vests with FOCUS. All the marks, logos, designs used in this Website are and shall always remain with FOCUS. Trade marks that have been put for registration and non registered trade marks shall also be the sole propriety of FOCUS. Any intellectual property rights arising as a result of makeover of any content provided by any Visitor, then intellectual property arising because of such makeover shall also vest with FOCUS. The Visitor to this Website grants a royalty free, exclusive and transferable right to FOCUS with respect of the content posted by him/her.

 

CONTESTS AND REWARDS:

FOCUS may give rewards including discounted subscriptions to the visitors of the Website who provide their feedback and contribute to the development of the Website. Such discounted subscriptions shall be offered upon launch of the subscription model against fee under separate terms.

 

FOCUS may also organize various contests / promotions for the Visitors of this Website. The Visitor participating in the contest / promotional offers might stand chance to win the contest or avail the offer. As per the terms of respective contest or promotion, FOCUS may give Prizes to the Winners of contest or promotion. FOCUS reserves the right in its own discretion to select the winner or Visitor eligible to be awarded and which decision shall be full, final and binding on the participants. The award or offer given away by FOCUS is not transferable and neither can be converted in cash. The Visitor will be notified by FOCUS and only the participating visitor (himself / herself) shall be eligible to claim the same from FOCUS.

 

The award or offer will be non-transferable, non-negotiable, subject to availability and there will be no cash alternative. FOCUS reserves the right to substitute awards or offers of equal or greater value, at any time.

 

Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of the Prizes, shall be solely borne by the Winner for the respective Prize won.

 

DISCLAIMER:
AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND FOCUS HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR ITS OPERATION IS NOT UNDERTAKEN BY FOCUS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOCUS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FOCUS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM COMPUTER VIRUS OR ERROR FREE.

 

FOCUS DOES NOT WARRANT OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS AND USE OF THE SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

ALTHOUGH FOCUS ADOPTS SECURITY MEASURES IT CONSIDERS APPROPRIATE FOR THE OFFER OF THIS SERVICE, IT DOES NOT ASSURE OR GUARANTEE THAT NO PERSON WILL OVERCOME OR SUBVERT THE SECURITY MEASURES AND GAIN UNAUTHORISED ACCESS TO THE SERVICE OR ANY CUSTOMER’S ACCOUNTS. FOCUS SHALL NOT BE RESPONSIBLE OR LIABLE IF ANY UNAUTHORISED PERSON HACKS INTO OR GAINS ACCESS TO THE SERVICE OR TO YOUR ACCOUNTS; AND YOU SHALL BE LIABLE AND RESPONSIBLE FOR THE SAME.


THIS DISCLAIMER OF LIABILITY APPLIES ALSO TO ANY INJURY OR DAMAGE CAUSED BY ANY FAILURE OF PERFORMANCE, DELAY IN PROCESSING OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.


FOCUS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED, OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT FOCUS IS NOT RESPONSIBLE FOR ANY CONTENT, DATA, INFORMATION SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PARTY.

 

PLEASE NOTE THAT ANY ADVERTISEMENT AND PROMOTIONAL ACTIVITY CARRIED OUT BY FOCUS WITH REGARD TO THE WEBSITE IS ONLY FOR THE PURPOSE OF INFORMING THE PUBLIC AT LARGE ABOUT THE AVAILABILITY OF THE SERVICES OF FOCUS. YOU ARE REQUIRED TO CONFIRM THAT YOUR USE OF THE WEBSITE DOES NOT BREACH ANY APPLICABLE LAW, RULE OR REGULATION. SUCH ADVERTISEMENT OR PROMOTIONAL ACTIVITY SHOULD NOT BE TERMED AS AN INVITATION TO USE THE SERVICE, SPECIFICALLY IF SUCH USE AMOUNTS TO DEFAULT OR BREACH OF APPLICABLE LAW.

 

THE WEBSITE IS ONLY AN ATTEMPT TO GATHER INFORMATION REGARDING PARENTS AND KIDS INTERESTS, VIEWS, OPINIONS ETC. THIS ATTEMPT SHOULD NOT BE CONSTRUED AS FOCUS IS MAKING ANY KIND OF PROMISE TO DELIVER OR HONOR ANY OF THE ABOVE AS PER ANY EXPECTATION OF A PARENT OR A KID.

 

THE USER IS TAKING PART OR ACCESSING OR GIVING INFORMATION AS PER HIS / HER / THEIR OWN WILL AND CONFIRMS THAT THERE IS NO ADVERTISEMENT NOR PERSON NOR ANY OTHER REASON WHATSOEVER WHICH IS MAKING OR ENTICING OR FORCING THE USER TO DO THE ACTIVITY MENTIONED IN THE WEBSITE.


LIMITATION OF LIABILITY:

 

IN NO EVENT SHALL FOCUS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SUBSCRIPTION AGREEMENT OR (i) THE USE OF OR INABILITY TO USE ANY SERVICE; (ii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE; WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,  EVEN IF FOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

TO THE EXTENT POSSIBLE, THE DISCLAIMERS, LIMITATIONS ON LIABILITY AND INDEMNITIES AVAILABLE TO FOCUS UNDER THE TERMS OF USE SHALL EXTEND, MUTATIS MUTANDIS, TO THE AFFILIATES AND PARTNERS OF FOCUS AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, INVOLVED IN PROVIDING, DELIVERING OR MANAGING THE SERVICE (OR ANY PART THEREOF).

FURTHER, FOCUS SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND FOCUS’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

FOCUS MAY NOT ALSO GIVE THE USER NOTICE OF ANY INTERRUPTION OF A SERVICE DUE TO MAINTENANCE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

INDEMNIFICATION:

You hereby agree to indemnify and hold FOCUS, its subsidiaries, affiliates, syndicators, officers, directors and employees, harmless from any loss suffered by FOCUS as a result of a breach of the terms and conditions of use of the Website by you and from any claim brought by third parties alleging that use of the Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against FOCUS arising from such claims, and shall provide FOCUS with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

TERMINATION:

These Terms of Use is effective unless and until terminated by either you or FOCUS. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with the Website, provided that you discontinue any further use of the Website.

FOCUS may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to FOCUS.

 

FOCUS reserves the right to suspend or terminate Services to the User, including the right to remove/block the Content(s) posted/uploaded by the User, in the event, the content(s) violates any rules or guidelines of FOCUS.

 

WAIVER:

 

No failure or delay by FOCUS in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms of Use.

 

NON-TRANSFERABILITY:

You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that FOCUS shall have the right to transfer, assign or sell all its rights under this TERMS OF USE, and that the Mandate given by you in favour of FOCUS shall continue to be in force and ensure for the benefit of the successors and assigns of FOCUS

 

SEVERABILITY:

If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

NOTICES, TRANSACTION RECORDS AND ELECTRONIC DISCLOSURES:

Notices to you may be made via either email or by delivery by hand /regular mail to the address provided by you.

FOCUS may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise FOCUS immediately. In such an event, FOCUS reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part.

You acknowledge that FOCUS shall have no liability or obligation to keep a record of the transactions carried through the Service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by FOCUS.

GOVERNING LAW:

The laws of India govern these terms and conditions and the courts of Mumbai shall have exclusive jurisdiction.

FOCUS accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that you are in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the use of the Service.