PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE WWW.VISIONMATE.ORG AND THE SERVICES OFFERED BY US (HEREINAFTER REFERRED TO AS “WEBSITE”), WHICH IS OWNED AND OPERATED BY VISIONMATE FOUNDATION HAVING ITS PLACE OF BUSINESS AT No. 42, 1st Main, 3rd Stage, 3rd Phase, 4th Block, Katriguppe, Banashakari, Bangalore, India, 560085 (HEREINAFTER REFERRED TO AS “WE” OR “US”). THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, CONSTITUTE A BINDING CONTRACT BETWEEN US AND YOU (“YOU” OR “USER”). THESE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “TERMS”) AS WELL AS THE PRIVACY POLICY AND ALL OTHER APPLICABLE LAWS AND REGULATIONS GOVERN YOUR ACCESS, AND USE OF THE WEBSITE.
YOUR ACCESS OR USE OF THE WEBSITE AND OUR SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IN CASE OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND YOUR ORGANIZATION AND YOUR ORGANIZATION WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE THIS WEBSITE.
This document is an electronic record under the terms of the Information Technology Act, 2000 and Rules thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and is deemed electronically executed on opening, accessing, or using our Website and is legally binding between the Parties and does not require any physical or digital signatures.
ABOUT OUR SERVICES:
We are a not-for-profit, non-government organization working to facilitate eye donation in the country. We aim at increasing awareness about eye donation and eye transplantation and have more people pledge their eyes by signing up as donors. We provide a variety of online resources including without limitation information relating to eye donation and eye transplantation, information relating to legal formalities involved in eye donation, information relating to patients waiting for eye donation, details of support groups and hospitals which assist patients having various eye issues, detailed list of potential donors, funding for eye transplantation subject to our terms and availability of funds, etc.
You agree, understand, and acknowledge that the Website is an online platform that is intended for educational and informational purposes only and is provided on an “As is” basis. We make no representations or warranties, either express or implied, about the correctness, accuracy, reliability, or suitability of the services or contents of the Website. Nothing contained in the Website including without limitation all texts, images, graphics, or any other materials included within the Website or any results provided by the Website shall be construed as any professional advice, diagnosis, or analysis. You are hereby required to verify any diagnosis or analysis with qualified professionals independently. Any reliance You place on the information provided under this Website is therefore strictly at your own risk.
ELIGIBILITY:
The Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By accessing or using the Website, You represent and warrant that You are at least 18 years old and are of legal age to form a binding contract. As a minor, if You wish to use or access the Website, such use or transaction may be made only with the permission and supervision of your legal guardian or parents. We reserve the right to terminate your membership and/or refuse to provide You with access to the Website at our sole discretion without assigning any specific reason.
YOUR ACCOUNT:
You may be required to register with the Website as a User by filling out the Registration Form provided in the Sign-Up Area of the Website if you wish to register yourself as a donor. You may access the Website as a Visitor without registering with the Website; however, this may prevent You from availing of certain Services offered by Us. During Registration or while accessing the Website You may be required to furnish Us with certain information and details, including Your name, e-mail id, contact address, phone number, and any other information that is deemed necessary by Us. (“Account Information”).
You expressly agree and acknowledge that the Account Information provided by You is accurate and true. You hereby agree and understand that We reserve the right to refuse access to the Website and/or our services, terminate your Account, refrain from providing any services and remove or edit any content posted by You without any notice to You.
We maintain a donor registry and give our users/members an opportunity to express their wish to donate their eyes by signing up for the donor card. We cannot be held liable/responsible if some unauthorized person or organization registers on your behalf. We have the right to provide this information to any donor registry maintained by the central or state governments or to any eye banks or hospitals, government or otherwise. If any person at any point in time after registration wishes to be removed from the donor list, You may contact us at [email protected] to be removed from the list.
VOLUNTEER’S ACCOUNT:
You may register with the Website as a Volunteer or Campaigner of the campaigns organized or carried by Us by filling out the registration form available at the Volunteer Sign-Up area of the Website. During Registration or while accessing the Website You may be required to furnish Us with certain information and details, including Your name, e-mail id, contact address, phone number, and any other information that is deemed necessary by Us.
As a Volunteer, You may use the Website and its content solely for the purpose of promoting or advertising any campaigns organized or carried by Us. While acting as a Volunteer You shall not act in any manner that is adverse to the interests of Visionmate. We have the right and authority to remove you from our Volunteer list at our sole discretion without any notice. As a Volunteer, You do not have any right or authority to bind Us to any legal obligation or enter into any agreements on our behalf. We are not responsible for any acts, information, communications, or advice given by any Volunteer and users are hereby required to independently verify such information, communications, or advice.
PRIVACY POLICY:
Please read our Privacy Policy, which is incorporated into these Terms and governs your use and access to the Website. The information and/or data provided to or collected by Us during the course of your usage of the Website will be treated in a confidential manner and in accordance with our Privacy Policy as well as the applicable laws and regulations. You may find our Privacy Policy here.
ACCESS TO THE WEBSITE:
We shall take all necessary and reasonable steps to ensure the uninterrupted availability of the Website at all times. However, We do not guarantee the uninterrupted availability of the Website at all times. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, updates, or for the introduction of new facilities or services at any time without prior notice.
We hereby grant You a limited license to access and make personal use of the Website and the Services offered by Us in accordance with these Terms or our Polices as introduced or modified or amended from time to time. This license does not include any resale or commercial use of the Website or its contents, any downloading or copying of content or account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools while using the Website.
INTELLECTUAL PROPERTY RIGHTS:
All rights, titles, and interests including all intellectual property rights in the Website and its contents including without limitation, texts, logos, designs, images, formats, documents, videos, links, graphics, and all other materials published on this Website (hereinafter collectively referred to as “Content”) are Our sole and exclusive property.
You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the Website or its Contents or any parts thereof in any manner, without our prior written permission.
CONTENT/ACTIVITY PROHIBITED:
Your use of the Website shall be strictly governed by the following:
– You shall not take any action that causes, or may damage the Website or causes impairment of the performance, availability, or accessibility of the Website;
– You shall not use the Website for any unlawful, illegal, fraudulent, or harmful purpose or activity or in contravention of the applicable laws and regulations;
– You shall not directly or indirectly use any robot, spider, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from the Website or copy the Contents;
– You shall not directly or indirectly alter or remove, attempt to alter or remove any trademark, copyright, or other proprietary or legal notices appearing on the Website or on any Content appearing on the Website;
– You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any systems, networks, or servers connected to the Website by hacking, password mining, or any other illegitimate means;
– You shall not probe, scan or test the vulnerability of the Website or any network or server connected to our Services. Further, You shall not circumvent any security or authentication measures employed on the Website. You shall not
trace, seek to trace any information about any other user of the Website; and
– You acknowledge and agree that your use of the Website shall be subject to all applicable national and international laws.
NO WARRANTIES AND LIMITATION OF LIABILITY:
The use of the Website and the Content is at your own risk. While we strive to keep the Website and its Content accurate, complete, and up-to-date, We do not make any warranties or guarantees to this effect and are not responsible for the accuracy and completeness of any Content.
NOTHING CONTAINED IN THIS WEBSITE INCLUDING WITHOUT LIMITATION THE CONTENT AND SERVICES OFFERED BY US SHALL BE CONSTRUED AS PROVIDING MEDICAL COUNSELING, DIAGNOSIS, OR PROFESSIONAL ADVICE. THE WEBSITE, ITS CONTENT, AND THE SERVICES OFFERED UNDER THE WEBSITE ARE SOLELY INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE WEBSITE, ITS CONTENT, AND THE SERVICES ARE NOT INTENDED TO BE USED AS PROFESSIONAL ADVICE, DIAGNOSIS, OR ANALYSIS. IN NO EVENT SHALL THE WEBSITE, ITS CONTENT, AND SERVICES BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE HEREBY REQUIRED TO VERIFY ANY RESULTS OBTAINED FROM THE WEBSITE OR CONTENT OF THE WEBSITE WITH QUALIFIED PROFESSIONALS INDEPENDENTLY.
The Website, its Contents, and Services are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR PERSONAL INJURY, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENTS.
THIRD PARTY LINKS:
This Website may contain links to other websites or content. You agree and acknowledge that these third-party sites are not under our control and We are not responsible for the contents of such sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Us of such parties or any association with such sites or their operators.
MODIFICATIONS:
We reserve the right to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Website, at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Additional Terms”) will be posted on the Website and will be effective immediately. You hereby agree to be bound by all such Additional Terms and your continued use of the Website shall be deemed to be the acceptance of such Additional Terms. All updated terms can be viewed here.
INDEMNITY:
You hereby agree to indemnify and hold harmless Us and our employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts and expenses including reasonable attorney’s fees arising directly or indirectly from your breach of these Terms or any applicable laws or regulations while using the Website.
LAW, JURISDICTION, AND ARBITRATION:
This Agreement shall be governed, interpreted, and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts at Bangalore, India. Any and all disputes under this Agreement shall be referred to a sole Arbitrator, who shall be mutually appointed by the Parties. However, if the Parties are unable to mutually appoint an Arbitrator, such an arbitrator shall be appointed by the court in Bangalore having appropriate jurisdiction as per the Arbitration and Conciliation Act, 1996 as amended from time to time (“Arbitration Act”). The venue of the arbitration shall be Bangalore. The proceedings of the arbitration shall be in English. The parties hereby agree that the Arbitrator’s award shall be final and binding on the Parties. The Arbitration proceedings shall be governed by the Indian Arbitration Act, 1996. All costs of such arbitration shall be borne equally between the Parties.
COMMUNICATIONS AND SUPPORT:
If you have any questions, complaints, or claims with respect to the Website, then such correspondence should be directed to the email address as given below:
[email protected]
NO WAIVER:
Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested with Us under or pursuant to this Agreement shall constitute a waiver by Us of that or any other right, power, or remedy.
SEVERABILITY:
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.
PROCEDURE FOR CLAIMS OF IP INFRINGEMENT:
If you believe that any content of the Website constitutes copyright infringement or for any other issues, please provide our grievance officer with the following information:
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– A description of the content that you claim has been infringed upon;
– A description of where the material that you claim is infringing is located on the Website;
– Your address, telephone number, and e-mail address;
– A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Our Grievance Officer for notice of claims of intellectual property infringement can be reached at the following email id: [email protected]
You acknowledge that You have read and understood this Agreement and You out of your free will, unconditionally accept to be bound by the same.