We reserve the Right at any time to:
Change the terms and conditions of this Agreement;
Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.
The Site or the Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or Offerings will be subject to this Agreement.
You must obtain access to the Internet and pay any Service Fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are, and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your Personal Computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or Offerings.
You represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18), you are accessing the Site with the knowledge and consent of your Parent or Legal Guardian, who will also be deemed to have agreed to this Agreement. Certain Features on this Site (including, but not limited to, user registration) and certain Offerings may be subject to heightened age and/or other eligibility requirements. Prabha Eye Clinic products and the Prabha Eye Clinic Business Opportunity can be offered, shipped into or sold within India only.
Prabha Eye Clinic CUSTOMER GUARANTEE
All Prabha Eye Clinic Products are covered by Prabha Eye Clinic Customer Product Refund Policy. If the Customer is not completely satisfied, he/she is entitled to return the Products within 15 days from the date of delivery for a Full Refund. The Refund Policy is applicable only for Products in marketable condition, and Unused Products accompanied with an Invoice. This Policy does not apply to Products that have been intentionally Damaged or Misused.
YOUR INFORMATION AND YOUR PRIVACY
OUR PROPRIETARY RIGHTS
This Site and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any Unlawful purposes and not to violate our Rights or the Rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Site by other members, including without limitation by attempting to access administrative areas of the Site. You agree to report any violation of this Agreement by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the Law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Prabha Eye Clinic, our logo, and the name of the Products produced, marketed, sold or distributed by Prabha Eye Clinic, are trademarks and/or service marks of Prabha Eye Clinic or its affiliates. All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners.
MEMBERSHIP AND REGISTRATION
If you register with the Site, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership Rights or any Site issued email address. You are responsible for maintaining the confidentiality of your Password, if any, and for restricting access to your computer so that others may not access the Password protected portion of the Site or your Site issued email account using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your Password and membership, for any reason or no reason at all.
This Site may contain sweepstakes, contests or other promotions that require you to send Material or Information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of Material you submit, and disclosures about how your Personal Information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with or abide by such rules and the decisions of the sponsor(s), which shall be final and binding in all respects.
We may provide links to third party Websites or resources. Our provision of such links is not an endorsement of any Information, Product or Service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which the Site may be linked to, from which the Site may be accessed. You are requested to inform us of any errors or inappropriate material found on Websites to which this Site is or may be linked.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Prabha Eye Clinic on an “as is” and “as available” basis. Prabha Eye Clinic makes no representations or warranties of any kind, express or implied, as to the operation of this site or the Information, Content, Materials or Products included on this site. You expressly agree that your use of this Site is at your sole risk.
To the full extent permissible by Law, Prabha Eye Clinic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Prabha Eye Clinic does not warrant that this site, it’s servers or email sent from Prabha Eye Clinic are free of viruses or other harmful components. Prabha Eye Clinic will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
LIMITATION OF REMEDY
If you are damaged or injured by any of the Material contained in the Site, or you are dissatisfied with the Site or Material for any reason, then your sole and exclusive remedy is to discontinue accessing and using the site.
This Agreement shall be governed by, construed and enforced solely in accordance with the Laws of India, and the Courts at Bangalore shall have exclusive jurisdiction in this regard. This is the entire Agreement between the parties relating to the matters contained herein.
This agreement will terminate immediately without notice from us, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. In the event of termination, the disclaimers of warranties and limitations of liabilities, damages and remedies set forth in this Agreement shall survive.