1. GENERAL
We, at Ananta Eye Bank (“ANANTA EYE BANK”, “we,” “us”) provide services to all individuals accessing or using our ANANTA EYE BANK platform (“ANANTA EYE BANK Platform”) for any reason (“you”, “yours”, “User”) subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”), read with the Privacy Policy available here.The Platform is owned and operated by ANANTA EYE BANK. By accessing or browsing of the Platform and using the Services (as defined below) you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.
2. ELIGIBILITY
When you use the Platform, you represent that you meet the following primary eligibility criteria:
a. You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
b. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
c. You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the ANANTA EYE BANK Platform.
d. You have not been previously suspended or removed by ANANTA EYE BANK or any other Ananta Eye Bank entity or disqualified for any other reason, from availing the Services.
e. ANANTA EYE BANK reserves the right to terminate your membership and/or refuse to provide you with access to the ANANTA EYE BANK Platform if ANANTA discovers that you are under the age of 18 years.
3. OUR SERVICES
Through the Platform, we provide you with the following services (“Services”): a. By transacting on the ANANTA EYE BANK Platform in respect of any Services, you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against ANANTA EYE BANK. You further agree and acknowledge that the services being purchased by you are being sold and fulfilled only by ANANTA EYE BANK.
3. OUR SERVICES
Through the Platform, we provide you with the following services (“Services”): a. By transacting on the ANANTA EYE BANK Platform in respect of any Services, you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against ANANTA EYE BANK. You further agree and acknowledge that the services being purchased by you are being sold and fulfilled only by ANANTA EYE BANK.
4. YOUR USE OF THE ANANTA EYE BANK PLATFORM
As an end-user and recipient of Services, when you use the ANANTA EYE BANK Platform, you agree to the following conditions of use: Due diligence conditions:
a. You are solely responsible for the medical, health and personal information you provide on the ANANTA EYE BANK Platform, and you are requested to use your discretion in providing such information.
b. You will provide accurate and complete information everywhere on the ANANTA EYE BANK Platform, based on which you will receive the Services.
c. You will be solely responsible for all access to and use of this ANANTA EYE BANK Platform by anyone using the password and identification originally assigned to you whether or not such access to and use of this ANANTA EYE BANK Platform is actually authorized by you, including without limitation, all communications and transmissions and all incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
d. The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, vendors, agents and government authorities, etc. as stated in our Privacy Policy.
e. We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions. Scope of Services:
a. ANANTA EYE BANK sells products in various categories such as medicines, medical devices, vitamins and supplements, baby food, personal care, health foods and over the counter drugs, to end customers. ANANTA EYE BANK does not sell any drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940.
b. ANANTA EYE BANK engages in retail sale to end customers through both offline and online channels, i.e. through its outlets / physical stores as well its ANANTA EYE BANK Platform. The ANANTA EYE BANK Platform will display the inventory of products available in ANANTA EYE BANK stores only in your region, based on the pin code entered by you on the ANANTA EYE BANK Platform. Prohibitions:
a. You may view and access the content available on the ANANTA EYE BANK Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the ANANTA EYE BANK Platform or any portion of it unless expressly permitted by ANANTA EYE BANK in writing.
b. You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by ANANTA EYE BANK.
c. You may not make any commercial use of any of the information provided on the ANANTA EYE BANK Platform.
d. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
e. You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5 below.
f. You may not resell any Products purchased from ANANTA EYE BANK stores or the ANANTA EYE BANK Platform.
Additional Information:
a. ANANTA EYE BANK shall have the right, at our sole discretion, to refuse or cancel our services if we find any kind of discrepancy from user end.
5. PROHIBITED CONTENT
You shall not upload to, distribute, or otherwise publish through the ANANTA EYE BANK Platform, the following Prohibited Content, which includes any content, information, or other material that:
a. belongs to another person and which you do not own the rights to;
b. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
c. is hateful, racially or ethnically objectionable, disparaging of any person;
d. relates to or seems to encourage money laundering or gambling,
e. harm minors in any way;
f. infringes any patent, trademark, copyright or other proprietary rights;
g. violates any law in India for the time being in force;
h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
i. communicates any information which is grossly offensive or menacing in nature;
j. impersonates another person;
k. contains software viruses and malicious programs;
l. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
m. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
n. incites any offence or prevents investigation of any offence or insults any other nation;
o. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of AHEL or any other Ananta Eye Bank group company or affiliate who you may interact with for availing Services;
and
p. is not relating to the medical consultation or relating to any of the Services you avail from us.
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the ANANTA EYE BANK Platform.
6. INDEMNITY
By using the ANANTA EYE BANK Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold ANANTA EYE BANK, its affiliates and any Ananta Eye Bank group companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of: a.your breach of these Terms; b.your use of the ANANTA EYE BANK Platform and/or the Service; c.incorrect or inaccurate credit / debit card details provided by you; d.you using a credit / debit card which is not lawfully owned by you; e.you permitting a third party to use your password or other means to access your account; f.your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the ANANTA EYE BANK Platform and/or the Service; g.you providing a false, forged, unauthorized or manipulated prescription or h.any action taken by ANANTA EYE BANK as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
7. LIMITATION OF LIABILITY
By using our Services, you confirm that you understand and agree to the following: a. To the extent permitted by applicable law, ANANTA EYE BANK or its affiliates or any Ananta Eye Bank group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the ANANTA EYE BANK Platform; (iii) your use of any third party services you contacted through the ANANTA EYE BANK Platform. b. ANANTA EYE BANK does not warrant that the ANANTA EYE BANK Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the ANANTA EYE BANK Platform. c. Although ANANTA EYE BANK takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the ANANTA EYE BANK Platform, ANANTA EYE BANK does not represent or warrant that the ANANTA EYE BANK Platform, or the Service or Products or materials that may be made available through the ANANTA EYE BANK Platform are free from such destructive features. ANANTA EYE BANK is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features. d. To the extent permitted by law, ANANTA EYE BANK shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if ANANTA EYE BANK has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) your use of or reliance on the ANANTA EYE BANK Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the ANANTA EYE BANK Platform; (ii) your provision of information, personal or otherwise, to ANANTA EYE BANK; (iii) the provision of Services by ANANTA EYE BANK; or (iv) acts or negligence on the part of ANANTA EYE BANK, its agents or employees; (v) errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist ANANTA EYE BANK such as delivery partners. e. To the fullest extent permitted by law, ANANTA EYE BANK disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the ANANTA EYE BANK platform or ANANTA EYE BANK’s services, or with respect to the accuracy, currency or completeness of the information provided by ANANTA EYE BANK, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The ANANTA EYE BANK platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this ANANTA EYE BANK platform is at your sole risk. f. Notwithstanding anything herein to the contrary, ANANTA EYE BANK’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the ANANTA EYE BANK Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause. g. ANANTA EYE BANK reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion. h. No claims or action arising out of, or related to, the use of the ANANTA EYE BANK Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. i . We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition. This section shall survive the termination of this Agreement and the termination of your use of our Services or the ANANTA EYE BANK Platform.
8. DATA & INFORMATION POLICY
We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy
9. INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the ANANTA EYE BANK Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us. No use of these may be made without the prior written authorization of ANANTA EYE BANK. All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to ANANTA EYE BANK, unless otherwise noted. The Marks on the ANANTA EYE BANK Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of ANANTA EYE BANK, except for the sole purpose of identifying the Products or Services originating from ANANTA EYE BANK. You acknowledge and agree that the material and content shown at the ANANTA EYE BANK Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this ANANTA EYE BANK Platform. You further acknowledge that any other use of the material and content of the ANANTA EYE BANK Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. The ANANTA EYE BANK Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the ANANTA EYE BANK Platform. You warrant that any such User Content submitted by you to the ANANTA EYE BANK Platform is original (and does not infringe the copyright of others), and you hereby grant ANANTA EYE BANK a perpetual, irrevocable, non-exclusive, royalty free license without any further recourse to you, and you hereby waive all rights in such User Content. ANANTA EYE BANK has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.