Website Terms & Conditions (“Terms of Use”)

INTRODUCTION

These Terms & Conditions were last modified on [October 21,2020].

Operation Eyesight Canada (the “Charity”) welcomes you to www.operationeyesight.com (the “Website”), and any other websites operated by the Charity, including but not limited to operationeyesightindia.org

Visitors to our website may have access to website content subject to the following terms of use, which constitute a license governing your use of the website and any transactions that are initiated through the website. By visiting the website, you are consenting to the following terms of use. There are provisions below constituting a waiver of certain legal rights. Please read all information carefully.

In these terms and conditions, “We/us/our” means Operation Eyesight Canada. The “Website” means the website located at www.operationeyesight.com (or any subsequent URL which may replace it) and all associated websites and micro sites of the Charity. “You/your” means you as a visitor or user of the Website.

By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and, if you make a donation, the Donation Payment Terms & Conditions, which are hereby incorporated by reference. You also consent to our Privacy Policy which governs our collection of any data related to you or your visit when you spend time on our Website. If you do not agree to any of the terms or policies referenced herein, then please do not use or access the Website.

To enter into any agreements related to this Website or to provide data to us, you must be 18 years or older and have the requisite authority to enter into these Terms and Conditions.


PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.


CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and all Content available at or through the Website.


VISITORS AND USERS

Visitors. Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors to view the Website. Visitors can view all publicly available content on the Website and also contact us by email.

Users. Any user who voluntarily signs up for more information (eg e-newsletter, virtual events, informational updates, etc), or who subscribes for a service or program, makes a charitable contribution or purchases an item through the Website, is agreeing to both these Terms of Use , the accompanying Donation Payment Terms and Conditions, or other terms and conditions presented at the time where applicable with respect to such product, service or program. Depending on the extent of their participation, users may be required to register with us.

We provide Visitors and Users with access to the Services as described below.

The Charity is under no obligation to accept any individual as a User and may accept or reject any registration in its sole and complete discretion. In addition, the Charity may deactivate any account at any time, including, without limitation, if it determines, in its sole and unfettered discretion, that a User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.


INTELLECTUAL PROPERTY / RESTRICTIONS ON USE

The Website contains or may contain as part of the Website itself, or as part of certain products, services or programs offered through the Website, text, graphics, logos, images, coursework, software, video or audio files, and other material provided by or on behalf of the Charity (collectively referred to as the “Content”). The Content includes the specific selection and arrangement of all Content, i.e. the design. All Content is proprietary and is protected under both Canadian and foreign laws, whether owned by us or by third parties with whom we associate to help deliver the Content.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. Unauthorized use of the Content may violate copyright, trademark and other applicable laws.

You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

You agree that in the event that you have any right, claim or action against any Visitor or User arising out of that person’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

The Website is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least age 13 to access and use the Website. If you are between the ages of 13 and the age of majority in your province or territory of residence, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Website; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website may contain material that is not meant for minors and should not be accessed by a minor.


SUBMISSIONS & USER-GENERATED CONTENT LICENSE

There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). Where the website allows, you are permitted to submit comments, communications, suggestions, ideas, questions, or other information, provided that the material submitted is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted shall not contain malware, software viruses, or spam, including political campaign material, commercial solicitations, chain letters, or mass mailings. You may not use false e-mail addresses, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content.

You agree that any content you submit to us, i.e. “User Generated Content,” as described above, will not be subject to any expectation of privacy, trust, or confidence between us and that no confidential, fiduciary or other relationship is intended or created between you and us. If you post any such content, intentionally or unintentionally, you are granting us a license in said content, and we and any others we designate from time to time shall have unrestricted rights to use the User-Generated Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content. To be clear, we have the right to use, reproduce, license, sub-license, transfer, print, display, exhibit, distribute, re-distribute, publish, modify, translate, or create derivative works of any UserGenerated Content that you submit or provide, without any further permission from or notice or payment to you. You agree to this “User-Generated Content License” whether or not your User-Generated Content is used by us.

You represent and agree that you own, have full rights to or otherwise control all UserGenerated Content that you submit or send to us, that such User-Generated Content is accurate and truthful and does not violate these Terms of Use, our Privacy Policy, or the rights of us or any third party and will not cause injury to anyone. You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right, but not the obligation, to review and remove any activity or content involving you or your account.

We assume no responsibility and have no liability for any User Generated Content created or posted by you or anyone else.

Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.


CONTENT LINKED TO THE WEBSITE

From time to time we may include or provide third-party links on the Website. When you click on links that take you outside of the Website to any other webpage including those of affiliates, joint-venture partners, content partners or other businesses, charitable organizations or service providers who may or may not be affiliated with our work, you assume all of the risk, responsibilities and consequences resulting from your use of or access to third-party websites. Other websites not belonging to the Charity may be subject to different terms and conditions of use and privacy policies. You acknowledge that we are not responsible for examining or evaluating the content of other sites, nor are we responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including, without limitation, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense 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 such external sites or resources.


CHANGES TO THE WEBSITE

We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you. You agree that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

We may alter these terms and conditions from time to time, and your use of the Website (or any part of it), following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.


INDEMNIFICATION

You agree to be fully responsible for and fully indemnify, defend and hold us (including our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account. You shall use your best efforts to cooperate with us in the defense of any claim including to provide us with assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.


DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY

Your agree that your access to and use of the website and any content herein is at your own risk.

The content on the website is provided “as is.” To the follest extent permitted by applicable law, we disclaim any and all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

We do not warrant that the functions contained in any content, product, service or program offered through the website (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that host such content are free of viruses or other harmful components or are fully functional, accurate or reliable. We will not be responsible for any loss of content or material as a result of uploading to or downloading from the website and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of the information, content and materials found on sites that link to or from the website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the website or third party information, content or materials contained on the website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or other materials (including, without limitation, credit card and other personal information) you might be requested to give any third party you hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.

You acknowledge that you have carefully read this “disclaimer of warranties and limitation of liability” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined above) from any and all claims or causes of actions and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the internet and this website and any information provided to or taken from the website by you.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the website or products or services offered on the website whether by us or on our behalf (including free software downloads) for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation, or any loss or corruption of data, or any special, indirect, incidental, consequential, punitive, or exemplary losses or damages; in any case whether or not such losses or damages were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, punitive exemplary or any other damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from the use of or any inability to use, the website or any content or functions thereof; or any act or omission, online or offline, of any visitor or user of the website or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur under any theory of liability, in contract, tort (including, but not limited to negligence), or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or $50.00.

Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of God, war, equipment and technical failures, electrical power failures, or fluctuations, strikes,

labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. neither we nor any other indemnified party is responsible or liable for any incompatibility between the website and any site, service, software or hardware, or any delay or failure you may experience with any transmission or transaction related to the website.

The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

Where certain provincial laws may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, such exclusions, limitations or disclaimers may not apply to you.


COMPLIANCE WITH APPLICABLE LAW

The Website is based in Canada. Whether inside or outside of Canada, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.


CONTROLLING LAW

These Terms of Use and any action related thereto will be governed by the laws of the province of Alberta, Canada.


CALIFORNIA CONSUMER RIGHTS NOTICE

California users of the Website are entitled to the following information pursuant to California Civil Code Section 1789.3:

For any questions or complaints about the Charity, our services or the Website, please contact us via e-mail at info [at] operationeyesight [dot] com. The Charity is engaged in facilitating the receipt of online donations which are then used by our organization in a variety of ways to support the provision of services that prevent blindness and restore sight in vulnerable communities throughout the world. Currently there are no charges to the consumer for the use of the Website, though visitors may voluntarily make donations directly through the Website, including applicable fees associated with such donations, if any. Unless otherwise stated, these charges appear for each donation on a Confirmation page or in a Confirmation sent via email to the visitor following their donation.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.


DISPUTE RESOLUTION & BINDING ARBITRATION

In the event of a controversy or claim arising out of or relating to this contract, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement with a period of [45] days, then any party may, by notice to the other party and ICDR Canada, request mediation under the Canadian Mediation Rules of ICDR Canada. Mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within [30] days of either party providing the other with a request to mediate. If settlement is not reached within [30] days after completion of the mediation, any unresolved controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified arbitrator. The number of arbitrators shall be one. The place of mediation and arbitration shall be Calgary, Alberta. The language of the mediation and arbitration shall be English.


CLASS ACTION WAIVER

In the event of any dispute (where dispute shall mean any claim or controversy between the parties, and shall be provided the broadest meaning enforceable by law and includes any claims against other parties relating to our services or products, including online digital products provided or billed to You, including but not limited to our licensors, suppliers, dealers, affiliates, joint venture or promotional partners, or third-party vendors whenever You also assert claims against Us in the same proceeding), You agree that any arbitration or court proceeding shall be limited to the dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Where certain provincial laws do not allow a waiver of class action rights in regards to consumer contracts, this waiver may not apply to you.


ELECTRONIC COMMUNICATION

When you visit the Website or correspond with us via e-mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.


ENTIRE AGREEMENT

These Terms of Use and the documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the Website and any matter covered and supersede all prior and contemporaneous agreements, representations, understandings or proposals between us. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.


MISCELLANEOUS LEGAL PROVISIONS

No waiver of any of the provisions herein by the Charity shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.

The subject headings in these Terms of Use are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.

Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

By using the English version of the Website, the parties acknowledge and agree that they have required that these Terms of Use be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.