In this Terms,
- “We,” “us,” and “our” means Focus Lighting And Fixtures Limited (“FLFL”);
- The “Site” means any web site, mobile site, or application we provide that includes a link to these terms and other Policies;
- The “Products/Service” means any images, specification, information, documents, assistance, or products/services we may provide to you through our Site; and
- “You” and “your” mean anyone who visits, accesses, or uses our Site or obtains Products/Services from us through our Site.
The Site is not directed to children under 13 years of age. Children under 13 years of age may not use the Site to submit any individually identifiable information about them.
FLFL, its Affiliates, Services Providers and Business Partners may terminate, modify, remove, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. FLFL, its Affiliates, Service Providers and Business Partners may remove, modify or otherwise change any content, including that of third parties, on or from the Site. FLFL, its Affiliates, Service Providers and Business Partners may impose limits on certain features and services or restrict your access to parts or to the entire Site without notice or liability. FLFL, its Affiliates, Service Providers and Business Partners may terminate your use of the Site in their sole discretion.
While using the Site to communicate with FLFL, you shall communicate with your registered mobile/telephone number and/or e-mail address. Thereby, you agree to receive communication from FLFL on your registered mobile/telephone number and/or e-mail address.
Notwithstanding whether your telephone/mobile is registered with NDNC and or notwithstanding the Telecom Regulatory Authority of India [TRAI] restrictions/guidelines on unsolicited telecalls, by you accessing this Site and applying/enquiring/verifying any of the products/services offered by FLFL and or you making a request to call back, it is deemed that you have expressly authorized FLFL to call back or send you text messages or messages through Chatbots for solicitation and procurement of various products and services of FLFL. In case if you may not wish to receive any calls/messages, you are obliged to proactively inform FLFL about the same.
While using this Site, you agree NOT to, by any means indulge in illegal or unauthorized activities including but not limited to (i) Use the Site for unlawful purposes; (ii) Collect information about the users without their express consent; (iii) Engage in spamming or flooding; (iv) Transmit any software or other materials that contain any virus or other harmful or disruptive component; (v) Remove any copyright, trademark or other proprietary rights notices contained in the Site; (vi) Copy, mirror any part of the Site without our prior permission; (vii) Permit or help anyone without access to use the Site through your username and password, if any or otherwise; and (viii) posting any defamatory messages to either in print/electronic/social media; (ix) Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge/fabricate another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the website, perform any other similar fraudulent activity or otherwise send or receive what FLFL reasonably believes to be potentially fraudulent information; (x) Infringe FLFL or any third party’s intellectual property rights, rights of publicity or rights of privacy; (xi) Use any robot, spider, other automatic device, or manual process to monitor or copy the website without prior written permission; (xii) Use any device, software or routine to bypass website exclusion headers, or interfere or attempt to interfere, with the website; (xiii) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the website or features that enforce limitations on the use of the website; (xiv) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or any part thereof; (xv) Use the website in any manner that could damage, disable, overburden, or impair it, including but not limited to using website in an automated manner; (xvi) Intentionally interfere with or damage operation of the website or any user’s enjoyment of them, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Online Communities and Other Interactive Areas:
The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libellous, tortious, abusive, offensive, threatening or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidence bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone. FLFL and its Service Providers reserve the right, but do not have the obligation, to remove any materials they deem objectionable without any notice to you. You agree to hold harmless FLFL, its Affiliates, Service Providers and Business Partners from all claims based upon communications made or materials posted by others or the use by third parties of the Site.
Online Communications on and through the Site:
The user agrees to indemnify, defend and hold harmless FLFL, its Group Companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to FLFL in relation to the Products/ Services and for indulging in any Prohibited conduct as mentioned above whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FLFL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of this Terms of the Usage including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these terms of usage.
Use of Material and Information
The content (product images, specifications, material, information, data, news, etc.) contained on this Site is provided for general information only and should not be used as a basis for making business/commercial decisions or comparison with other similar products/ services.
Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site.
The content on this Site should NOT be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products / schemes of FLFL, its Group Companies, Corporate Partners, Subsidiaries or any of its affiliates.
Products and Services are available only at the discretion of FLFL, subject to the individual contractual terms and conditions of the respective Company’s products and services basis which such products & services are offered and such products and services may be withdrawn or amended at any time without notice. In the event of any conflict between the terms and conditions of specific products and services displayed on the website vis-à-vis the terms and conditions between FLFL and customer, the terms and conditions FLFL and customer shall prevail.
- I declare that all the particulars and information provided by me are true, correct, complete and up-to-date in all respects.
- I authorize Focus Lighting And Fixtures Limited (FLFL) to exchange, share all information and details as provided by me in my enquiry to any third party including but not limited to its group companies, service providers, telecommunication companies for personalization of products or services, marketing or promotion of FLFL, services or related products or that of its associates and affiliates or for enforcement of your obligations and I shall not hold FLFL (or any of its group companies or its/their agents/representatives) liable for the use/sharing of the information as stated above.
- I agree and affirm that FLFL may contact me and communicate with me over telephonic calls, or SMS on the mobile number mentioned in the application, or through any other communication mode (“Communication Modes”). Further, I confirm that I would like to know through the above-mentioned Communication Modes various FLFL products and services or any other promotional offer relating to various products/services offered by FLFL/its group companies from time to time and hereby authorize FLFL, its group companies, employees, agents, associates to contact me from time to time for the same.
- I agree and confirm that laws in relation to the unsolicited communication referred to in the “National Do Not Call Registry” (the “NDNC Registry”) as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMSs received from FLFL, its group companies, its employees, agents and/or associates.
- I undertake to keep FLFL updated of any change in the information provided by me in this application form.
No Representation or Warranty
FLFL does not represent or warrant that the Site will be uninterruptedly available. Please note that the Site may not meet the user’s requirements, that access may be interrupted, that there may be delays, failures, errors or omissions or loss of transmitted information, that viruses or other contaminating or destructive properties may be transmitted or that damage may occur to your computer system. You have sole responsibility for ensuring adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. FLFL makes no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used relating to the Site.
Limitation of Liability
FLFL, its Group Companies, Corporate Partners, subsidiary companies, its affiliates, and their directors and employees accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, dam age or expenses) from your use of this Site or any linked site howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this Site, its contents or associated services, or due to any unavailability of the Site or any part thereof or any contents or associated products/services.
FLFL reserves the right to change the information provided on or via this Site, including the terms of this disclaimer, at any time and without notice. However, FLFL shall not undertake to update the content contained on this Site from time to time. You are obliged to exercise your independent diligence on the information provided on or via this Site before arriving at any decision and you will be solely responsible for your actions. FLFL shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this Site.
Intellectual Property Rights
The trademarks, logos, pictures and domain names (collectively the “Trademarks”) displayed on the Web Site are registered and unregistered Trademarks of Focus Lighting and Fixtures Limited, affiliates and its content providers. Nothing contained in our website should be construed as granting any license or right to use any Trade Marks displayed on our website. FLFL and its affiliates, retains all rights (including copyrights, trademarks, patents, software as well as any other intellectual property right) in relation to all information provided on or via this Site (including all texts, graphics and logos). Users are prohibited from using, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose without written permission of FLFL of such or such other parties. The materials on this website are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of FLFL.
The trademarks, logos, domain names and service marks not owned by or on behalf of Focus Lighting and Fixtures Limited and that are displayed on the Web Site are the registered and unregistered marks of their respective owners. No rights are granted by Focus Lighting and Fixtures Limited to use such marks, whether by implication, estoppel, or otherwise.
You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on the Site, please contact FLFL for more information.
This Site may contain links to other websites of Group Companies, Corporate Partners, Subsidiary companies and Affiliate companies of FLFL. This Site may also contain links to external websites, having further linked websites, controlled or offered by third parties (Non-Affiliates of FLFL), to help you find relevant websites, services and/or products which may be of interest to you, quickly and easily. The contents displayed or products / services offered on such linked websites or any quality of the products/ services are not endorsed, verified or monitored by FLFL. FLFL is also not responsible for the owners or operators of such external websites or for any products or services they supply or for the contents of their websites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website to which this website includes a link infringes the intellectual property rights of any third party).
This Site and disclaimer shall be governed by and construed in accordance with all applicable laws of India. All disputes arising out of or relating to this disclaimer or use of this website shall be submitted to the exclusive jurisdiction of the courts where registered office of FLFL is situated.
By accessing this Web Site and any of its webpages, it is deemed that you are agreeing to the terms set out above.