Overview
Please read these Terms of Site (the “Agreement”) carefully. By clicking or tapping “OK” or “Agree” (or a similar affirmative term) in connection with this Agreement, or by actively using the Sites (as defined below), You agree to be bound by the entirety of the terms of this Agreement. We retain the right to make changes to this Agreement at any time at our discretion, as outlined below.
This Agreement is between You and Johnson & Johnson Surgical Vision India Private Limited (“Company” or “we” or “us” or “our”) concerning Your use of this website (the “Site”) in connection with which You are accessing this Agreement.
If You are not willing to be bound by the entirety of the terms and conditions as laid out in the Agreement, please do not access or use the Site or interact with the content on it in any manner.
Please review our Privacy Policy for details about what information We collect and how We use it.
THIS SITE AND THE CONTENT ON IT HAVE BEEN DESIGNED KEEPING IN MIND, THE APPLICABLE LAWS OF, AND ARE INTENDED FOR AND DIRECTED TO RESIDENTS OF INDIA. WE DO NOT MAKE ANY GUARANTEE REGARDING THE UTILITY, VALIDITY AND LEGALITY OF THE CONTENTS OF THIS SITE TO A COUNTRY JURISDICTION OTHER THAN INDIA.
YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU ARE ACCESSING THE SITE WITH THE CONSENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
IF YOU ARE USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ORGANIZATION WITH WHICH YOU ARE ASSOCIATED, THEN YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both you and any such organization.
1. Our Right to Make Changes
We may change this Agreement from time to time (for any reason, such as changes in the functions or Sites offered by this Site or to reflect a change in the law). Other than where it is reasonably necessary for Us to make changes to this Agreement urgently, We will provide You with reasonable advance notice by any reasonable means, including by making available a copy of the revised Agreement on the Site. Your continued use of the Site and its content will constitute acceptance of these changes. The “Last Updated” legend above indicates when this Agreement was last changed. These changes shall take effect for all intents and purposes from the date on which they were posted on the Site i.e. the date indicated in the “Last Updated” legend.
To the extent permitted by applicable law, We may, at any time and without liability, modify or discontinue all or part of the content provided on the Site (e.g., to reflect changes in the relevant laws, to protect the security of the Site or to implement reasonable technical adjustments and improvements, to modify the Sites and content provided on the Site); We will attempt to provide reasonable advance notice to You by any reasonable means of any modifications that will have a material adverse effect on Your use of the Site, taken as a whole.
2. Information Disclaimer
THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SITE IS INTENDED SOLELY FOR PERSONAL EDUCATIONAL AND INFORMATIONAL PURPOSES. We makes no warranties or representations in relation to, and assumes no legal liability or responsibility for the accuracy, currency, completeness or interpretation of the information contained within the website, this information may be inaccurate, imprecise or out-of-date by the time You access the website.
THE WEBSIE ITSELF, AND THE CONTENT ON IT, IS NEITHER DESIGNED TO NOR IS IT INTENDED AS REFERENCE FOR MEDICAL OR HEALTHCARE ADVICE AND/ OR RECOMMENDATIONS, OR TO BE USED FOR CARRYING OUT OR ASSISTING IN ANY SELF-DIAGNOSIS, TREATMENT OR CARE DECISIONS.
ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
We SHALL BEAR NO RESPONSIBIITY FOR ANY HARM, DAMAGES OR OTHER CONSEQUENCES RESULTING IN THE EVENT YOU CHOOSE TO DEPEND ON AND/ OR PURSUE ANY HEALTHCARE OR MEDICAL DECISIONS BASED ON THE INFORMATION PROVIDED ON THIS WEBSITE.
3. Information Submitted Through the Sites.
Any information You have uploaded on the Site, in order to gain access to the Site itself or any content thereon, will be governed by our Privacy Policy, located at [URL ], [including our Cookie Policy, located at [URL ]] as modified and subject to the applicable laws in force at the time of Your uploading of Your information.
We request that You ensure all information provided by You on the Site is correct and accurate, in the event You provide any false or inaccurate information We will have no liability towards any consequences arising from Your failure to provide such accurate information.
If it comes to Our notice that any information provided by You is deliberately inaccurate and false, We retain the unilateral right to remove the information, and if warranted restrict Your access to the Site or any portion thereof.
4. Jurisdictional Issues.
The Site and its content may not be appropriate or available for use in some jurisdictions. This Site has been designed and intended for residents in India, and to be compliant with the applicable laws of India.
To the fullest extent permitted by law, any use of the Site and reliance on information provided on it, outside of India is at Your own risk, and We retain the right to limit the availability of the Sites at any time, in whole or in part, to any person or geographic area.
5. Acceptable Use and Rules of Conduct.
You must not:
• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Site for any commercial purpose, including use for Your commercial purposes or any commercial purposes that will benefit You in any way.
• Use the Site for any purpose that is fraudulent or otherwise unlawful.
• Collect information about users of the Sites in any way, including through reverse engineering.
• Interfere with the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Sites, or violate any requirement or policy of such servers or networks.
• Restrict or inhibit any other person from using the Sites.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site and any content on it except as expressly authorized under this Agreement, without our express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from any content available and accessible on the Site.
• Incorporate any portion of the Site into any product or Site, without our express prior written consent.
• Systematically download and store Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Sites content, or reproduce or circumvent the navigational structure or presentation of the Sites, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Sites, Wegrant to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other Sites needed for You to use the Sites.
6. Electronic Communications. We may send and communicate periodical updates and other relevant information to You, if You choose to receive the same, such communication being subject to local privacy and Anti-Spam laws is an opt-in function of the Site, and that such communications, that We provide to You electronically, constitute valid notice under the applicable law.
7. Registration. You may need to register to access certain content and features which are made available on the Site. For registration we may request certain current, and accurate information, which may include:
a. Your name, age, gender and similar identifying information.
b. Contact information including your telephone and e-mail address.
c. Your current residential address.
d. Personal historical information such as past medical and medication history.
e. Any other necessary personal information that becomes necessary to make the content/ feature available to You in its entirety.
Please note that this information collected from You will be stored with us for the duration of Your access to the feature/ content, and shall be deleted immediately upon Your cancellation of the registration or cessation of use of the features/ functions. This information may be used by us in accordance with our Privacy Policy.
You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
We reserve the right to terminate Your access to any registration locked content/ features at any time where We reasonably consider it necessary to protect our legitimate interests, including without limitation for any failure by You to comply with these Terms of Use, any fraud or abuse by You, or any misrepresentation that You or anyone using Your account may make to us.
8. Our Right to Use Information and Submissions. We retain the right to make use of any information personal or otherwise including any ideas, proposals or feedback that you may upload on the Site, that You upload on the Site. Nothing in this Agreement transfers any ownership rights in Your information personal or otherwise. You grant to Us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license upon any information You may have uploaded on the Site, without additional consideration to You or any third party, Which we may use for commercial purposes, and in accordance with this Section.
You understand that We will have the right, but not the obligation, to use, display and publish Your name, photograph, likeness, biographical information and/or statements that You may have uploaded on the site.
The above clause shall be limited, where appropriate and mandated, by the applicable personal data and data privacy law and regulation in India at the time of upload.
9. Monitoring Use of the Site. We may (but have no obligation to) monitor, evaluate, alter or remove any information You upload before or after they appear on the Site and on that basis, analyze Your access to or use of the Site and its content. We may disclose information regarding Your access to and use of the Sites, the circumstances surrounding the transmission of uploaded information and personal information regarding users who make Submissions available, in each case, in accordance with applicable law or a request by a court or law enforcement or other governmental authority, or otherwise in accordance with our Privacy Policy. We reserve the right to disclose the product of such monitoring of Your personal information and Your use of the Site and its contents, to any third parties for processing, and wherever necessary to the Government in accordance with any applicable law or Court Order.
10. Your Right to Use the Sites. You acknowledge that all intellectual property rights in the Site, belong to Us or our licensors. You only have the right to access them in accordance with this Agreement. Subject to Your compliance with, and solely for the duration of, this Agreement You may view one copy of the Site on any single device, solely for Your personal, non-commercial use. If You fail to comply with this Agreement, You must immediately cease using the Site.
11. Company’s Proprietary Rights. We are owners of the Site and all content on it, which are protected by proprietary rights and laws, including all of our brand names, trademarks and Site marks and any associated logos. All trade names, trademarks, Site marks and logos (collectively, “Marks”) on the Sites not owned by Us are the property of their respective owners. You may not use our Marks in connection with any product or Site that is not ours or in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting any right to use any Marks without the express prior written consent of the owner.
12. Third Party Materials; Links.. The Sites may allow access to third-party information, products, Sites and other materials, including Submissions (collectively, “Third Party Materials”). We do not control or endorse, and are not responsible for, any Third Party Materials linked from the Sites, including the accuracy, content, or availability of information, products, or Sites found the Third Party Materials. We also do not make any representations or warranties as to the security of any information You may provide to any third party. Your access or use of Third Party Materials is at Your own risk and is subject to any additional terms, conditions and policies applicable to such materials.
13. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE TERMS AND CONDITIONS OR POLICIES APPLICABLE TO THE USE OF THIRD PARTY MATERIALS AS SET OUT IN SECTION 12, THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIRD PARTY MATERIALS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITES WILL BE SECURE, WE CAN ONLY ASSURE THAT ALL ATTEMPTS SHALL BE MADE TO ENSURE THAT THE SITE IS SECURED IN ACCORDANCE WITH STATUTORY AND/ OR REGULATORY SPECIFICATIONS AND BEST INDUSTRY STANDARDS. WE DO NOT REPRESENT THAT ANY INFORMATION YOU HAVE UPLOADED ON THE SITE WILL BE PROTECTED AND WILL NOT BE ACCESSED OR MISUSED BY ANY UNAUTHORIZED THIRD PARTY.
ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SITE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”).
Despite our best efforts, the Sites may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Sites. If You become aware of any such alteration, please Contact Us using the Contact Us link on the site and provide a description of such alteration and its location on the Sites.
14. LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN.
WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED INR 1000/-.).
All limitations of liability of any kind in this Agreement (including in this section and elsewhere in this AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ANY AND ALL OF ITS ASSOCIATES AND AFFILIATES.
15. Third Party Claims. If We are sued by a third party as a result of Your breach of this Agreement or Your infringement of any third-party right, then, to the fullest extent permitted by applicable law, You will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) incurred by the Company Parties.
16. Termination. You may stop using the Sites, and thereby terminate this Agreement, at any time. We may terminate or suspend Your use of the Sites if You do not comply with this Agreement, engage in any fraud or abuse, or if You or anyone using Your account makes any misrepresentation to us. Upon any termination or suspension, Your right to use the Sites will immediately cease, and we may, without liability to you or any third- party, immediately deactivate or delete your user name, password and account, and all associated materials, without obligation to provide further access to such materials Your obligations under sections 1, 2, 5, 8, 10, 11, 14, 15, 16, 18, 21 and any term which by its nature is intended to extend beyond expiry or termination of this Agreement, survive expiry or termination of this Agreement.
17. Governing Law; Jurisdiction. Unless otherwise prescribed by applicable law, this Agreement is governed by and shall be construed in accordance with the laws of India, without regard to its principles of conflicts of law, and regardless of Your location. All disputes between You and Us arising out of or related to the Sites or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, will be subject to the non-exclusive jurisdiction of the courts of Mumbai.
18. Filtering. Parental control protections (such as computer hardware, software or filtering Sites) are commercially available that may assist You in limiting access to material that may be harmful to or inappropriate for minors. Information identifying current providers of such protections (which We do not endorse) is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
19. Information or Complaints. If You have a question or complaint regarding the Sites, please use the Contact Us Link on the Site. You may alternatively contact our statutory Grievance officer at:
[details of grievance officer]
20. Copyright Infringement Claims. If You believe in good faith that materials available on the Sites infringe Your copyright, You may write to Us by mail and request that We remove such material or block access to it. Please be precise about the identity and location of the allegedly infringing materials. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, You may send Us a written counter-notice. Notices and counter-notices must be sent through the link at Contact Us on the site or by reaching Us at [email protected]. In the United States, in addition to contacting Us by clicking Contact Us on the site the Company’s Agent for complaints related to the Digital Millennium Copyright Act (DMCA) can be reached in writing at the following address:
Trademark Law Department
Johnson & Johnson
One Johnson & Johnson Plaza
New Brunswick, NJ 08933
Email: [email protected]
This address may also be used to contact Us about copyright infringement claims in jurisdictions outside of the United States, or You may contact Us through clicking Contact Us.
21. Forward-Looking Statements. Statements appearing on the Sites that concern us, our affiliates or our and their management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations and any possibilities, plans and events that are described/ disclosed on the Site. We do not make any guarantees or assurances or claim any responsibility in the event that You make or do not make any decision, medical and treatment related or otherwise based on such Forward-Looking Statements.
22. Other Important Terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and us. This Agreement is between You and us. Except as set forth in Sections 14, 15 and 22, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Agreement, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral representations, agreements or understandings between you and us relating to such subject matter, other than any prior representations by either party that were false, misleading, deceptive or fraudulent in natureThis Agreement consists of the entirety of the terms and conditions that will regulate Your use of the Website. Notices to You (including notices of changes to this Agreement) may be made via posting to the Sites or by e-mail a printed version of this Agreement and of any notice given in electronic form may be admissible in judicial or administrative subject to applicable law governing the admissibility of documentation.
23. Third Party Software Notices: This Application may include files, tools, snippets or code from the following third-party software components:
• /contentstack/json-rte-serializer
• /contentstack/live-preview-sdk
• /contentstack/contentstack-utils-javascript
• /emotion-js/emotion/tree/main/packages/react
• /emotion-js/emotion/tree/main/packages/styled
• /livechat/chat-widget-adapters
• /mui/material-ui
• /mui/material-ui
• /mui/material-ui
• /JustFly1984/react-google-maps-api
• /pmndrs/react-spring
• /reduxjs/redux-toolkit
• /storybookjs/storybook
• /ajv-validator/ajv-formats
• /ajv-validator/ajv
• /algolia/algoliasearch-client-javascript
• /vercel/async-retry
• /axios/axios
• /google/budoux
• /jaredpalmer/formik
• /hustcc/jest-canvas-mock
• /lodash/lodash
• /pimterry/loglevel
• /moment/moment-timezone
• /moment/moment
• /martpie/next-transpile-modules
• /vercel/next.js
• /KingSora/OverlayScrollbars
• /sindresorhus/query-string
• /facebook/react
• /algolia/instantsearch
• /facebook/react
• /kenny-hibino/react-places-autocomplete
• /cookpete/react-player
• /reduxjs/react-redux
• /sushinpv/react-secure-storage
• /reactjs/react-transition-group
• /tjallingt/react-youtube
• /facebook/react
• /styled-components/styled-components
• /nolimits4web/Swiper
• /Microsoft/tslib
• /uuidjs/uuid
• /jquense/yup
©2024 Johnson & Johnson Surgical Vision, Inc. unless otherwise noted. All rights reserved.