TERMS & CONDITIONS OF OPTOMETRY COUNCIL OF INDIA
WITH EFFECT FROM MARCH, 2014
Welcome to the portal http://www.optometrycouncilofindia.org/(the “Website”). The content of this Website is the property of Optometry Council of India, a company incorporated under the Companies Act, 1956 having its registered office at No. No. 8, Ring Road, Lajpat Nagar, Phase IV, New Delhi, India 110 024 (the “Company”). The Company is a professional regulatory body with the responsibility of establishing & maintaining high standards of optometry education & recognition of optometry qualifications in India. It registers optometrists in order to maintain quality, and provide equitable & accountable eye care services for the people of India.
We request you to carefully go through these terms and conditions (“Terms & Conditions”) to understand the different features of our Services. By registering with the Company to avail our Services, you irrevocably accept all the obligations stipulated in the Terms & Conditions and agree to abide by them. Accessing the Website through any medium, including but not limited to services on mobile phones, are also subjected to these Terms & Conditions. These Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to you.
Please Read These Terms and Conditions Carefully Before Using This Website
We reserve the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms & Conditions periodically. Nothing in the Terms & Conditions should be construed to confer any rights to third party beneficiaries. Services available on this Website are for the use of Customers only.
(a) On accepting these Terms & Conditions, the Customer shall be entitled to create an account to access the Services, which shall be managed by the Customer’s administration manager (the “Administration Manager Account” and the “Administration Manager” respectively).
(b) The Administration Manager shall be entitled to activate user accounts (“User Accounts”) on the Company’s server, provided that such User Accounts must be assigned to and used solely by the Customer’s employees or contract staff (“Customer Staff”) to access the Services. The Customer agrees and acknowledges that the User Accounts shall not be used by or assigned or provided to third parties who are not Customer Staff. Customer Staff shall be entitled to access and use the Services solely on the Customer’s behalf. User Accounts shall be assigned with login names, digital certificates, passwords, or passphrases.
(c) Customer agrees that the use and access to the Services shall at all times be in accordance with all applicable laws and regulations relevant to such use and access of the Services.
(a) The Customer authorizes the Company to process any and all transactions initiated through the use of any of the Customer’s login name (either through the Administration Manager Account or the User Accounts), digital certificate, passwords and/or pass phrases.
(b) The Customer shall be solely responsible for maintaining the confidentiality of the login name, digital certificate, passwords and pass phrases assigned to the Customer. Customer must immediately notify the Company of any unauthorized use of login name, digital certificate, passwords or pass phrases.The Customer shall be responsible for any unauthorized activities, charges and/or liabilities made on or through login name digital certificate, passwords or pass phrase. In no event shall the Company be liable to the Customer for the unauthorized use or misuse of login name, digital certificate, passwords or pass phrase or security authentication option.
Maintenance of the Website
Excluding maintenance periods and downtime, the Customer may electronically access and use the Services 24-hours a day, 7-days a week. The Company will try to communicate to the Customer in advance of any planned maintenance periods. The maintenance periods and down times are expected to be within a total of twenty four (24) hours in any one year period.
The Company will provide reasonable customer support service via an online support portal (“Support Services”) from Monday to Saturday, from 10:00 a.m. to 5:00 p.m. (IST). These Support Services will be provided only to the Customer’s Administration Manager.
Security and Copy Protection:
The Company shall have reasonable security practices and procedures in place to minimize the risk of data or information becoming lost or accessed in an unauthorized manner while the Customer is availing the Services. The Company does not guarantee the security of the Services and the Company will not be responsible in the event of any infiltration of its security systems. The Customer acknowledges that all security and copy protection systems are inherently fallible.
Third Party Control
The flow of data over the internet depends in large part on the performance of connections and services provided by third parties. Failure of such third parties to perform their services correctly can disrupt internet sessions, thereby interrupting the Services. The Company cannot guarantee such events will not occur, and disclaims any and all liability, claims or losses resulting from or relating to such events.
The Customer agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licencors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from its (including its Customer Staff) access to or use of Services, breach of these Terms & Conditions, or infringement, or infringement by any other user of its account, of any intellectual property or other right of any person or entity.
Disclaimer of Warranty
THE COMPANY PROVIDES THE SERVICES ON AN "AS IS" BASIS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. CUSTOMER ACKNOWLEDGES THAT THE COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY. CUSTOMER ACKNOWLEDGES THAT THE COMPANY HAS NOT REPRESENTED THAT THE SERVICES WILL PREVENT ALL UNAUTHORIZED USE OF THE CUSTOMER’S SOFTWARE PRODUCTS.
Limitation of Liability
IN NO EVENT WILL THE COMPANY OR ITS LIABILITY TO THE CUSTOMER ARISING OUT OF THESE TERMS & CONDITIONS EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO ACCESS THE SERVICES. IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY TO THE CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY LOST BUSINESS OPPORTUNITIES OR PROFITS, FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS OR THE SERVICE, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Company and its licencors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of the Customer’s digital certificate, password, passphrase or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or Services provided under these Terms & Conditions; (6) loss or liability from the Customer’s inability to use the Services; or (7) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in SSL, HTTPS, or any other standard not under the Company’s sole control, or relating to customer-requested generation and transmission of a subscriber's private key.
By Using This Website The Customer (“You”) Represent and Warrant that:
(a) You are 18 years of age or older and that your use of the Website and / or Services shall not violate any applicable law or regulation.
(b) All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
(c) You will not:
(i) use the Website and / or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
(d) You will not post, submit, upload, distribute, or otherwise transmit or make available any data or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or Services.
(e) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and “phishing” as those terms are commonly understood and used on the Internet.
(f) You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(g) The Company cannot and will not assure that other customers are or will be complying with the foregoing rules or any other provisions of these Terms & Conditions, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
(h) All information, content and material contained in the Website and / or Services are the Company’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.
(j) You expressly understand and agree that:
(i) The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
(ii) Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
Term and Termination
(a) These Terms & Conditions (subject to further modifications at sole discretion of the Company) will remain in full force and effect while the Customer has an active Administration Manager Account and corresponding User Accounts on the Website.
(b) The Company shall have the right to terminate the Customer’s account if the Company determines, in its sole discretion that it is no longer feasible, without having any obligation to state reasons for such termination.
(c) The Company further reserves the right, in the event the Customer breaches these Terms & Conditions, to suspend and / or terminate such breaching Customer’s access to the Website with or without notice to such Customer. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating such Customer’s access to the Website. Upon suspension or termination, such Customer’s right to procure the Services on the Website shall immediately cease and the Company reserves the right to remove or delete such Customer’s information that is available with the Company, including but not limited to login and account information.
Each paragraph, clause, sub-clause and provision of these Terms & Conditions shall be severable from each other and if for any reason, any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of these Terms & Conditions or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid term and condition, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.
Governing Law and Dispute Resolution
These Terms & Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Terms & Conditions, shall be subject to the jurisdiction of the courts at Bangalore only.
Any failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
The Customer has read these Terms & Conditions and agrees to all of the provisions contained above.