Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of FocusGST.com
FocusGST.com is the exclusive property of Focus Softnet Pvt Ltd with its registered office at 6-3-659, Kapadia Lane Somajiguda, Hyderabad - 500082, Telangana, India (herein after referred to as “Focus”). The term “we”, “us”, “our” shall include FocusGST.com and Focus (Focus Softnet Pvt Ltd)
Your use of FocusGST.com is governed by the following terms and conditions (“Terms of Use”) as applicable to the FocusGST.com including the applicable policies which are incorporated herein by way of reference. If you access, secure access to the FocusGST.com, You shall be subject to all the policies and terms mentioned herein.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person (including companies, professionals, individuals, entities) browsing, accessing or who has registered on FocusGST.com by providing Registration Data while registering on FocusGST.com as Registered User using Computer, Mobile phones, Tablets.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. We shall intimate you in case of any change in terms of use and such changes shall take immediate effect upon intimation. Your continued use of FocusGST.com, following the posting of changes shall indicate your consent and acceptance to such changes and revisions.
We herein grant you a personal, non-exclusive, non-transferable, limited right to access or secure access to FocusGST.com. However, such limited right shall be subject to your compliance with the terms and conditions set forth herein
ACCESSING, SECURING ACCESS, REGISTERING ON THE FocusGST.com INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by the Privacy Policy and legal policies mentioned on FocusGST.com.
FOCUSGST.COM- TECHNOLOGY PLATFORM
FocusGST.com is a technology platform enabling you to upload and file GST returns/forms. FocusGST.com also offers services including but not limited to Dashboards, etc. FocusGST.com is designed in a scalable manner through cloud with an efficient backend support system. FocusGST.com is compliant with the standards, norms of GSTN and GST related laws, rules, regulations made there under. You understand, acknowledge and accept that FocusGST.com is only a mere facilitator, enabling you to upload and file GST returns/forms through the platform
TERMS OF TECHNOLOGY PLATFORM
You understand, agree and acknowledge that FocusGST.com provides services to enable you to upload and file GST returns/forms through its technology platform You herein acknowledge and agree that FocusGST.com and Focus shall however, take no responsibility in any manner for the information, data including but not limited to the invoices, GST Forms returns and any other information uploaded and filed by you through FocusGST.com. You herein acknowledge and agree that in case you are uploading and filing GST returns/forms on behalf of any person, company, professional etc. through FocusGST.com, neither FocusGST.com nor Focus shall have any responsibility, liability in whatsoever manner in this regard.
TERMS OF USE
FocusGST.com shall be used only by persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use FocusGST.com. If you are a minor i.e. under the age of 18 years, you shall not register as a user of FocusGST.com and shall not use FocusGST.com. We reserve the right to terminate your Registration and / or refuse to provide you with access to FocusGST.com if it is brought to our notice or if it is discovered that you are under the age of 18 years.
REGISTRATION & NO CHARGES
FocusGST.com charges no additional registration/subscription fee for registering for FocusGST.com. However, the credits required to consume the services of FocusGST.com need to be subscribed to. In an event that such credits are expired, you must subscribe to additional credits to continue use of FocusGST.com If FocusGST.com introduces new services, features, intends to introduce a registration fee for the same, or the if user subscribes to other services of Focus, then FocusGST.com shall reserve the right to introduce charges based on such new services, features or amend/ introduce fees for existing and/or new services at its sole discretion. However, in the event of any such registration/subscription fee, you shall be notified about the same. In such events, you shall be responsible for making such payments to Focus as may be specified.
SUBSCRIPTION TO SANDBOX SERVICE
We may offer certain Services as sandbox services for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of such services. We will be the sole judge of the success of such testing and the decision, if any, to offer sandbox services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any sandbox services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the sandbox services with or without notice to you. You agree that Focus will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the sandbox services for any reason.
TRADEMARK
The Company (Focus Softnet Private Limited), its Products, Site, Software or Services logos, the names of individual Services and their logos are trademarks of the Company. You agree not to display or use, in any manner, the Company’s trademarks, without the Company's prior permission.
1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of FocusGST.com or any Content, or in any way reproduce or circumvent the navigational structure or presentation of FocusGST.com or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through FocusGST.com. We reserve our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of FocusGST.com or any other systems or networks connected to FocusGST.com or to any server, computer, network, or to any of the services offered on or through FocusGST.com, by hacking, password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of FocusGST.com or any network connected to FocusGST.com nor breach the security or authentication measures on FocusGST.com or any network connected to FocusGST.com. You may not reverse look-up, trace or seek to trace any information on any other user of FocusGST.com or any other customer, including any account on FocusGST.com not owned by You, to its source, or exploit FocusGST.com or any service or information made available or offered by or through FocusGST.com, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by FocusGST.com.
4. You may not use FocusGST.com for any unlawful or prohibited use by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Focus, FocusGST.com
5. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
6. You may not transmit any chain letters or unsolicited commercial or junk email to other users via FocusGST.com
7. You shall at all times ensure compliance with GST Act and applicable tax laws and all laws being in force
8. You understand that we have the right at all times to disclose any information (including the identity of the person, company, professional) 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 or subpoena. 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.
9. We shall not be responsible or liable for any legal issues arising out of any content including invoices, GST returns/forms and all other information uploaded and filed by you through FocusGST.com
10. We do not approve of such unauthorized uses, but by using FocusGST.com, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others
INACTIVE USER ACCOUNTS POLICY
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We may provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
COMPLAINTS
If we receive a complaint from any person against you with respect to your activities as part of your use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy the company in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to the disclosure of your name and contact information by the company to the complainant.
CANCELLATION POLICY
You may cancel, terminate, or amend any services utilized on our Software or Site at any time. On such termination and cancellation, any remaining period of services available to you under your subscription shall forthwith be cancelled and you will no longer be able to access or utilize your account, the Site, Software or Service. However, you are aware and accept that no refund shall be made available to you for the remaining unutilized period of your subscription. On such cancellation and termination, any data that might be in your account will be deleted and expunged from our servers and that you will not be able to retrieve any data from your account post the termination.
REFUND POLICY
All amounts paid for application usage and services rendered by the Company are provided on a non-refundable basis.
LICENCE GRANTED TO YOU
By providing materials to The Company, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted The Company an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. The Company may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against The Company for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to The Company. Any communication or materials you send to The Company will be treated as non- confidential and non-proprietary and may be disseminated or use by The Company for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
ADVERTISING
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. The Company is not responsible for the acts or omissions of any advertiser or sponsor.
LINKS AND SEARCH RESULTS
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. The Company has no control over these sites or the content within them. The Company does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Company does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against The Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at info@focussoftnet.com
COPYRIGHT POLICY
The Company may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
FORCE MAJEURE
The Company will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
FOCUSGST.COM TERMS OF USE
You agree, undertake and confirm that your use of FocusGST.com shall be strictly governed by the following binding principles. You hereby agree not to use FocusGST.com to:-
a. harass or advocate harassment of another person;
b. involve the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
c. promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
d. infringe 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];
e. promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
f. provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
g. provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
h. upload, share, transmit video, photographs, or images of another person (with a minor or an adult).
i. to gain or attempt to gain unauthorized access or exceeds the scope of authorized access to FocusGST.com or to account information or other areas of the FocusGST.com or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
j. engage in sweepstakes, barter, advertising and pyramid schemes etc. through FocusGST.com
k. solicit gambling or engage in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
l. interfere with another user's (including person, company, professionals) use of FocusGST.com
m. harm minors in any way;
n. infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items including images, pictures, information, data;
o. violate any law for the time being in force;
p. spread, transmit, upload software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
q. threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
r. to upload, attempt to upload and file any information, content that is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
PROHIBITED USE OF FOCUSGST.COM
1.You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the FocusGST.com or any content, or in any way reproduce or circumvent the navigational structure or presentation of the FocusGST.com or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through FocusGST.com. We reserve our right to bar any such activity.
2.You shall not attempt to gain unauthorized access to any portion or feature of FocusGST.com or any other systems or networks connected to the FocusGST.com or to any server, computer, network, or to any of the services offered on or through the FocusGST.com, by hacking, password “mining” or any other illegitimate means.
3.You shall not probe, scan or test the vulnerability of FocusGST.com or any network connected to FocusGST.com nor breach the security or authentication measures on FocusGST.com or any network connected to FocusGST.com. You may not reverse look-up, trace or seek to trace any information on any other user of FocusGST.com or any other customer, including any account on FocusGST.com not owned by You, to its source, or exploit the FocusGST.com or any service or information made available or offered by or through FocusGST.com, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by FocusGST.com.
4.You may not use FocusGST.com for any unlawful or prohibited use by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Focus, FocusGST.com
5.You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
6.You may not transmit any chain letters or unsolicited commercial or junk email to other users via FocusGST.com
7.You shall at all times ensure compliance with GST Act and applicable tax laws and all laws being in force
8.You understand that we have the right at all times to disclose any information (including the identity of the person, company, professional) 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 or subpoena. 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.
9.We shall not be responsible or liable for any legal issues arising out of any content including invoices, GST Forms returns and all other information uploaded and filed by you through FocusGST.com
10.We does not approve of such unauthorized uses, but by using FocusGST.com, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others
CONTENT POLICY
All existing and future Intellectual Property in the nature of unregistered or registered rights to any and all patents, copyrights, trademarks of “FocusGST.com” and all Intellectual Property relating to FocusGST.com shall be the sole property of Focus Softnet Pvt Ltd. The content, information including information relating to GST Forms, invoices, reconciliation, history of transactions, return related information and any other material uploaded and filed by any Third Party including users, companies, professionals either directly or on behalf of any person, company shall be considered as “Third-Party Content”. All the intellectual property, proprietary rights arising out of such “Third-Party Content” shall be sole and exclusive property of such respective Third Party. FocusGST.com merely facilitates filing of such GST related returns/forms through its platform and shall be considered as a mere intermediary for this purpose. In no event shall FocusGST.com nor Focus Softnet Pvt Ltd hold or assume any rights, title, interest whatsoever regarding such Third-Party Content. In no event shall FocusGST.com nor Focus Softnet Pvt Ltd intend to acquire any Intellectual Property and Proprietary Rights relating to such Third-Party Content. However, FocusGST.com facilitates uploading and filing GST related returns/forms through its platform and for this purpose it displays such Third-Party Content thereby enabling the Third Parties including users, companies, entities, professionals to file GST related returns/forms through the platform. You herein acknowledge and agree such display of Third-Party Content is solely for enabling the third parties to file GST related returns/forms only.
LIABILITY DUE TO INTERNET CONNECTIVITY & NETWORK ISSUES
Focus and FocusGST.com shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.
USER OBLIGATIONS
1.You shall be obliged to provide accurate information and other details to us
2.You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land
3.You shall read all the policies, terms mentioned in FocusGST.com
4.You shall not copy or use the information contained in FocusGST.com
5.You shall be responsible for all content, information including but not limited to invoices, GST Forms and any other information uploaded and filed by you directly or on behalf of any person including users, companies, professionals
6.You shall be responsible for using FocusGST.com solely for GST related purpose i.e. for uploading and filing GST related returns/forms
7.You shall ensure compliance with GST Act and all applicable tax laws and any laws being in force
8.You shall be responsible for all acts, actions, activities, commissions, omissions arising out of your use relating to FocusGST.com
9.You shall be responsible for ensuring reasonable security measures regarding your login credentials relating to FocusGST.com. In no event shall Focus shall hold any responsibility, liability in this regard.
PRIVACY
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.
LEGAL DISCLAIMER
All the services, included on or otherwise made available to You through FocusGST.com are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Nothing on FocusGST.com constitutes, or is meant to constitute, advice of any kind. Further, we shall not be responsible, liable for any personal, legal, financial decisions you make regarding uploading and filing GST returns/forms (including information, invoices, GST Forms returns etc.) through FocusGST.com. We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF FocusGST.com.
INDEMNITY
You shall indemnify and hold harmless FocusGST.com, Focus Softnet Pvt Ltd its Director, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, damage claims made by any third party including third party vendors, users, companies, professionals and/ penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party including person, entity, Focus Softnet Pvt Ltd.
APPLICABLE LAW / JURISDICTION
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Hyderabad.
IT LEGAL COMPLIANCE
This user agreement is published and drafted in accordance & compliance with Section 43 A of IT Act 2008 and IT Rules 2011 (Intermediary guidelines) that require intermediaries to have a user agreement regarding sensitive personal data or information (SPDI). By accessing or securing access, using FocusGST.com you agree to the terms of the user agreement regarding your sensitive personal data or information (SPDI).
TERMS
1.I understand and have the knowledge that my sensitive personal data or information is being collected.
2.I understand and have the knowledge of the purpose for which my sensitive personal data or information is collected.
3.I understand and have the knowledge of the indented recipients of the information.
4.I understand and have the knowledge of the name and address of the agency that is collecting, retaining and using the information.
5.I understand that I have the option not to provide the data or information sought to be collected by FocusGST.com
6.I understand that I also have an option (while availing the services of FocusGST.com otherwise) to withdraw my consent given earlier to FocusGST.com and understand and accept that such withdrawal of the consent shall be sent in writing to FocusGST.com and in such case, FocusGST.com shall have the option not to provide the services for which the said information was sought.
7.I have read and have understood the Privacy Policy mentioned in FocusGST.com
8.I have read and have understood the Terms and Conditions mentioned in FocusGST.com
9. I read and have understood the all legal policies mentioned in FocusGST.com
