General Terms and Conditions
Last updated: May 17th, 2021
1.1. These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://app.focuswrx.com and https://focuswrx.com websites (the “Service”) operated by FOCUSWRX ApS company reg. (CVR) no. 38542265, Fruebjergvej 3. 2100 Copenhagen, Denmark (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using the Service.
1.2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
1.3. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
2. FOCUSWRX’s Services
2.1. FOCUSWRX delivers web-based Services via the following websites: https://app.focuswrx.com and https://focuswrx.com. The Services of FOCUSWRX are delivered as described on FOCUSWRX’s website with the modification described in the order confirmation.
2.2. FOCUSWRX’s Services are in constant development, and the Services are provided as-is in any given current version.
2.3. FOCUSWRX’s Services are for the sole use of the Customer. The Customer is not entitled to make the Services available for any third parties or provide sub-licenses.
2.4. The Customer retains full ownership of the data sent to FOCUSWRX. FOCUSWRX is to treat the data with full confidentiality and may only use any data for the specific purposes requested by the Customer except in cases where the data is used anonymously for benchmarking and statistics.
2.5. The Customer must give FOCUSWRX access to employees and information necessary to provide the agreed Services.
2.6. FOCUSWRX is not responsible for Services meeting special legislation or standards or can be used for specific purposes unless the parties have agreed otherwise in writing
3. Late payment
3.1. If the Customer fails to pay an invoice for Services on time for reasons for which FOCUSWRX is not responsible, FOCUSWRX is entitled to interest on the amount due of 1% per month from the due date and until payment is made.
3.2. If the Customer fails to pay an overdue invoice for Services within 14 days after receiving a written demand from FOCUSWRX, FOCUXWRX has, in addition to an interest rate according to clause 4.1, the right to: (i) cancel the sale of the Services caused by the delay, (ii) cancel the sale of Services that have not yet been delivered to the Customer, or demand advance payment for this, and/or (iii) assert other default rights.
4. Online payment
4.1. Some parts of the Services are based on a license and are billed on a subscription basis. The Customer will be billed in advance on a recurring and periodic basis (“Billing Cycle”).
4.2. The license subscription will run continuously until terminated and automatically be renewed every three months.
4.3. Billing cycles are based on the type of subscription plan that is selected when purchasing a Subscription. At the end of each Billing Cycle, the Subscription will automatically renew under the exact same conditions unless it is cancelled or FOCUSWRX ApS cancels it. The Customer may cancel the Subscription renewal either through the online account management page or by contacting the FOCUSWRX ApS customer support team.
4.4. A valid payment method, including a credit card, is required to process the payment for the Subscription. The Customer shall provide FOCUSWRX ApS with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, the Customer will automatically authorise FOCUSWRX ApS to charge all Subscription fees incurred through their account to any such payment instruments.
4.5. Should automatic billing fail to occur for any reason, FOCUSWRX ApS will issue an electronic invoice indicating that it must proceed manually, within a specific deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5. Fee changes
5.1. FOCUSWRX ApS, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
5.2. FOCUSWRX ApS will provide the Customer with a reasonable prior notice of any change in Subscription fees to allow the Customer to terminate the Subscription before such change becomes effective.
5.3. The Customer’s continued use of the Service after the Subscription fee change comes into effect constitutes the Customers agreement to pay the modified Subscription fee amount.
6. Legal Complaint and Warranty
6.1. If the Customer wishes to invoke a defect, the Customer must notify FOCUSWRX within a reasonable time after discovering the defect. Otherwise, the Customer loses the right to invoke the defect. Notice given within two months after the buyer discovered the defect is always timely.
6.2. Clause 6.1. does not apply if the Customer has acted in breach of ordinary honesty or gross negligence.
6.3. If the Customer has not, within two years after the sale, notified FOCUSWRX that the Customer would invoke a defect, the Customer cannot claim it later unless FOCUSWRX has undertaken to give a more extended warranty.
6.4. Notification concerning a complaint about a defect must be given in writing in accordance with clause 16.5.
6.5. Within a reasonable time after FOCUSWRX has received notification from the Customer of an error or defect and investigated the claim, FOCUSWRX notifies the Customer whether the error or defect is covered by the warranty.
6.6. If during the warranty period the Customer reports a legal complaint, FOCUSWRX will, at its option, decide to repair the unit, exchange the unit or refund the purchase price. Before requesting warranty service, the Customer is obliged to review the online resources available for assistance, such as support.garmin.com.
6.7. FOCUSWRX’s warranty does not cover cosmetic damage such as scratches, scuffs and dents; consumables such as batteries unless the product damage is due to a defect in materials or workmanship, damage caused by accidents, misuse, abuse, water, flood, fire or other natural disasters or external causes, damages due to Service performed by a person who is not an authorised service provider for Garmin products, damage to a product that has been modified or altered without written permission from FOCUSWRX, damage to a product that has been connected to a power cable or data cable not supplied by Garmin or damage to a product that has been connected to AC adapters or cables that have not been certified by UK (Underwriters Laboratories) and not specified with Limited Power Source (LPS).
6.8. Garmin navigation products are intended to be used only as a travel aid and may not be used as a travel aid for any purpose that requires accurate measurement of direction, distance, position or topography. FOCUSWRX makes no guarantee as to whether the product card data is accurate or complete.
6.9. The warranty does not apply to any deterioration in the performance of the navigation products due to use near a handset or other device using a terrestrial broadband network operating at frequencies near those used by GNSS system such as the GPS service as use of such devices may impair the reception of GNSS signals.
6.10. In no event shall FOCUSWRX be liable regarding a claim for breach of the warranty for any incidental, special, indirect or consequential damages, whether resulting from the use, misuse or inability to use this product or from defects in the product.
6.11. If FOCUSWRX fails to remedy a defect or defect covered by the warranty within a reasonable time after FOCUSWRX has been notified by the Customer, for reasons for which the Customer is not responsible, the Customer may cancel the order or orders affected by the error or defect.
7.1. FOCUSWRX provides Services no later than the time stated in FOCUSWRX’s order confirmation. FOCUSWRX has the right to deliver before the agreed delivery time unless the Parties have agreed otherwise.
7.2. The Customer must examine all Services upon delivery. If the Customer discovers an error that the Customer wishes to claim, it must be notified immediately in writing to FOCUSWRX. If an error or defect that the Customer has discovered or should have discovered is not immediately notified in writing to FOCUSWRX, it cannot be claimed later.
8. Late Delivery
8.1. If FOCUSWRX expects a delay in the delivery of Services, FOCUSWRX informs the Customer and at the same time states the reason for the delay and a new expected delivery time.
8.2. If FOCUSWRX fails to provide Services within 30 days after the agreed delivery time for which the Customer is not responsible, the Customer may cancel the order or orders affected by the delay without notice by written notice to FOCUSWRX. The Customer has no other rights in the event of delayed delivery.
9.1. When the Customer creates an account with FOCUSWRX, the Customer must provide FOCUSWRX with accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the account on FOCUSWRX’s Service.
9.2. The Customer is responsible for safeguarding the password used to access the Service and any activities or actions under the password, whether the password is relating to FOCUSWRX Service or a third-party service.
9.3. The Customer agrees not to disclose the password to any third party. The Customer must notify FOCUSWRX immediately upon becoming aware of any breach of security or unauthorised use of the account.
9.4. The Customer may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the Customer without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
10. Availability, Errors and Inaccuracies
10.1. FOCUSWRX is constantly updating offerings of Products and Services on the Service Platform. The Products or Services available on the Service platform may be mispriced, described inaccurately, or unavailable, and Customers may experience delays in updating information on the Service Platform and in the advertising on other websites.
10.2. FOCUSWRX cannot and do not guarantee the accuracy or completeness of any information, including product images, specifications, availability, and services. FOCUSWRX reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10.3. FOCUSWRX aim to provide its Services without significant interruptions or delays; however, FOCUSWRX does not guarantee a specific uptime for the Services. In case of interruption, error or failure, FOCUSWRX will attempt to remedy it within a reasonable time. The Customer shall assist FOCUSWRX efforts to a reasonable extent.
11. Limitation of liability
11.1. Each Party is liable for its own actions and omissions under applicable law.
11.2. FOCUSWRX’s liability to the Customer may not per calendar year in total exceed 100% of the specific Service that FOCUSWRX has invoiced net to the Customer in the immediately preceding calendar year. The limitation of liability does not apply if FOCUSWRX has acted intentionally or with gross negligence.
11.3. FOCUSWRX shall not be liable to the Customer for indirect losses, including loss of production, sales, profits, time or goodwill, unless caused intentionally or through gross negligence.
11.4. FOCUSWRX is not liable to the Customer for non-fulfilment of obligations that can be attributed to the force majeure. The discharge lasts as long as force majeure lasts. Force majeure is considered to be matters that are outside FOCUSWRX’s control and which FOCUSWRX should not have foreseen at the conclusion of the Agreement. Examples of force majeure are unusual natural conditions, global epidemics, war, fire, flood, vandalism and labour disputes.
11.5. In no event shall FOCUSWRX ApS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) the Customers access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not FOCUSWRX has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. Intellectual Property
12.1. All material and services available on the websites; https://app.focuswrx.com and https://focuswrx.com as well as other material and services provided by or through FOCUSWRX, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to software, all informational text, software documentation, design of and” look and feel”, layout, photographs, graphics, audio, video, message, interactive and instant messaging, design and functions, files and images as well as other materials, whether publicly posted or privately transmitted to us are owned by us or other parties that have licensed their material or provided Service to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.
12.2. All FOCUSWRX trademarks, service marks, logos, slogans and taglines are the property of FOCUSWRX. All other trademarks, service marks, logos, slogans, and taglines are their respective owners’ property. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on FOCUSWRX without our express permission or the express written permission of such third-Party that may own the trademark, service mark, logo, slogan or tagline.
12.3. FOCUSWRX provides a number of design templates for the subscriber. These designs are at the subscriber’s disposal on a non-exclusive basis; FOCUSWRX retains all rights to the web design in question, also in the case of user-generated content with FOCUSWRX. Hence, the subscriber has no right to distribute or copy the design templates.
13. Link to other Web Sites
13.1. The Services of FOCUSWRX may contain links to third-party websites or services that are not owned or controlled by FOCUSWRX ApS.
13.2. FOCUSWRX ApS has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. The Customer further acknowledges and agree that FOCUSWRX ApS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
13.3. FOCUSWRX strongly advise the Customer to read the terms and conditions and privacy policies of any third-party websites or services that the Customer visit.
14.1. FOCUSWRX may terminate or suspend the Customers account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
14.2. Upon termination, The Customers right to use the Services will immediately cease. If the Customer wishes to terminate the account, the Customer may simply discontinue using the Service.
15.1. The Customers use of the Services is at their sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
15.2. FOCUSWRX ApS its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components, or d) the results of using the Services will meet your requirements.
16. Miscellaneous and contact info
16.1. FOCUSWRX failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire Agreement regarding FOCUSWRX Services and supersede and replace any prior agreements FOCUSWRX might have entered into regarding the Services.
16.2. Amendments and additions to the basis of this Agreement are only valid if the Parties have agreed on this in writing.
16.4. If there are any questions about these Terms and Conditions, please contact FOCUSWRX at email@example.com.
16.5. A notification to FOCUSWRX should be addressed to firstname.lastname@example.org.
17. Governing Law and venue
17.1. These Terms and Conditions shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.
17.2. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the venue of the City Court of Copenhagen, Denmark.