TERMS AND CONDITIONS

Welcome to https://blinkyoureyes.com/. This Platform is managed by Zivira Labs Private Limited, a company incorporated under the laws of India having its registered office at Unit No. 906, 9th Floor, Eco Star, Vishweshwar Nagar Road, Goregaon East, Mumbai, 400063, INDIA (“Zivira”, “we”, “us” or “our"). Zivira operates and manages https://blinkyoureyes.com/ and domain name, and any other linked pages, features, content, mobile applications, or any other services we may offer from time to time in connection therewith (collectively the “Platform”) which is an online platform which enables the users and/or viewers (“Users”, “You”, “Your”) to view contents and generate reports for questionnaires completed.

These terms and conditions (“Terms”) govern the use of this Platform; by using this Platform, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Platform.

  1. GENERAL
    1. This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
    2. Please note that we may from time to time change the Terms that govern Your use of the Platform. Every time You wish to use our Platform, please check these Terms to ensure You understand the Terms that apply at that time. Further, please note that we reserve the right to either change the format and the Content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the Content or for any other reason, at any time. For the purposes of these Terms, the term “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information that appears on or forms part of the Platform;
    3. By using the Platform, You represent and warrant that:
      1. You have the lawful authority and capacity to contract and be bound by these Terms;
      2. If You are accepting these Terms on behalf of a company, limited liability partnership or any other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
      3. You will comply with all applicable laws and regulations.
    4. These Terms are published in compliance of and is governed by the provisions of Indian laws, including but not limited to:
      1. the Indian Contract Act, 1872;
      2. the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011;
      3. the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;
      4. Pharmacy Act, 1948; and
      5. the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020
  2. SERVICES ON THE PLATFORM
    The Platform is being provided solely for educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice.
  3. Further, any questionnaires that is answered by you and reports that is generated as a result of the same shall be solely for educational and informational benefit. ELIGIBILITY
    1. Services of the Platform would be available to only select geographies in India. 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 Platform. If You are a minor i.e. under the age of 18 years but at least 13 years of age You may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If Your age is below 18 years Your parents or legal guardians can transact on behalf of You if they are registered users. You will be fully responsible for complying with the Terms and the Privacy Policy detailed at https://blinkyoureyes.com/ (“Privacy Policy”). You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
  4. LICENSE TO USE WEBSITE
    1. Unless otherwise stated, Zivira and/or its licensors own the intellectual property rights of the Platform and material on the Platform. Subject to the license below, all these intellectual property rights are reserved.
    2. You may view and download pages from the Platform for caching purposes only and print pages for your personal use, subject to the restrictions below and elsewhere in these Terms.
    3. You must not:
      1. republish material from this Platform (including republication on another website);
      2. sell, rent, or sub-license material from the Platform;
      3. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, photograph, music, video, design documents or form) of the Platform or of Zivira and its affiliates without express written consent.
      4. use any meta tags or any other “hidden text” utilizing the Platform’s or Zivira’s name or trademarks without the express written consent of Zivira;
      5. take any action that interferes with, degrades or adversely affects Zivira and/or the services and/or the Platform;
      6. use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties' similar use; (iii) violate or tamper with the security of the Platform; and
      7. reproduce, duplicate, copy, or otherwise exploit material on this Platform for a commercial purpose;
    4. Any unauthorized use terminates the permission or license granted by Zivira. Zivira reserves the right to change the format, design, Content of the Platform or suspend the operation in case of any maintenance work on the Platform without any prior intimation to the registered Users, also can update any part of the Platform or for any other reason, at any time.
    5. You may only access the Platform or any of the services using authorized and lawful means.
    6. Zivira shall not be liable for any failure or default to provide access to the Platform or services on account of any failure or delay by You to register with the Platform for such access.
    7. Any configuration or set up of the Devices for access to the Platform and the services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not be limited to workstations, personal computers, laptops, net books, personal digital assistants, tablets, and smart phones.
    8. All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, products, services, vests with Zivira.
  5. ACCEPTABLE USE

    You must not use this Platform in any way that causes or may cause damage to the Platform or impairment of the availability or accessibility of the Platform or in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use this Platform for any purposes related to marketing without Zivira’s express written consent.

  6. DISCLAIMERS
    1. Zivira hereby explicitly and specifically disclaims any and all guarantees, warranties or representations that the Platform and/or the services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service.
    2. No part of the Platform is intended to constitute advice and the Content of the Platform should not be relied upon when making any decisions or taking any action of any kind.
    3. Whilst Zivira uses reasonable endeavors to ensure that the Platform is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their Devices.
    4. Zivira reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/ or the services (or any part thereof) with or without notice and in its sole discretion. You agree that Zivira shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform and/or the services.
    5. Zivira shall not be liable to You for any delay or failure in performance of the services arising out of a Force Majeure Event.
    6. You acknowledge that Zivira does not control the transfer of data over the communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communication facilities. Zivira shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any platform that arise from the User’s content or third party content.
    7. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users and the third party sites, including, but not limited to, any User's reliance upon any information provided therein. The third party sites and us are independent contractors and neither party has authority to make any representations, warranties or commitments on behalf of the other. In the event of any conflict between these Terms and any of the terms, conditions and notices contained in any third party sites, the contents of these Terms shall prevail.
    8. We are not responsible for the content, accuracy or opinions expressed in any third party sites, and such third party sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third party sites on Our Platform does not imply approval or endorsement of the third party sites by us.
    9. We reserve the right to modify or remove any Content from the Platform, which in our reasonable opinion and discretion, does not comply with the above Terms, or if any Content is posted that we believe is not in our best interest.
    10. Zivira does not provide medical advice nor does the provision of the Platform and/or the services and/or any reports or information generated using the Platform, constitute the practice of medicine, nursing, or any other health care profession. Zivira does not diagnose, prescribe medication, treat, or give orders nor does Zivira have ultimate authority over your care. The provision of the Platform and/or the services and any information/reports provided to you by Zivira as a result of your availment of the Platform and/or the services is being provided to you solely for your educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice. Use of the Platform and/or the services does not establish a doctor-patient relationship. Zivira encourages that you share any information generated by use of the Platform and/or the services with your treating health care provider.
    11. Your availment of the Platform and/or the services and/or answering the questionnaire to generate report, is voluntary, and you understand and agree that any information communicated to you as a result of your availment of the Platform and/or the services and/or answering the questionnaire to generate report, is not intended to be, nor implied to be, and you will not use it as, a substitute for professional medical advice, diagnosis or treatment. The Platform and/or the services are limited to the provision of educational and informational benefit and neither Zivira, nor its employees, consultants or agents with whom it contracts will diagnose, treat, give orders, prescribe or recommend medications or have any authority over your care. The Platform and/or the services will not involve any direct face-to-face encounters or physical examinations. Accordingly, you are encouraged to share and discuss any information provided to you as a result of your availment of the Platform and/or the services with your treating physician. You will be the ultimate decisionmaker over your care. You should never delay or avoid seeking medical advice or attention from your regular health care provider because of something you have learned through your availment of the Platform and/or the services. SHOULD ANY UNEXPECTED MEDICAL EVENT OCCUR WHILE YOU ARE AVAILING THE PLATFORM AND/OR THE SERVICES AND/OR USING THE INFORMATION ON THE PLATFORM AND/OR USING THE REPORT GENERATED USING THE PLATFORM, IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER OR IMMEDIATELY VISIT YOUR LOCAL EMERGENCY ROOM.
  7. NO WARRANTIES
    1. This Platform is provided “as is” without any representations or warranties, express or implied. Zivira makes no representations or warranties about this Platform or the information and materials provided on this Platform.
    2. Without prejudice to the generality of the preceding paragraph, Zivira does not warrant that:
      1. this Platform will be constantly available, or available at all, or
      2. the information on this Platform is complete, true, accurate, and non-misleading.
    3. Nothing on this Platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.
  8. LIMITATIONS OF LIABILITY
    1. Zivira will not be liable to you (whether under the law of contact, the law of torts, or otherwise) concerning the Contents of, or use of, or otherwise in connection with, this Platform:
      1. for any direct, indirect, special, exemplary, incidental, punitive or consequential loss; or
      2. for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data
    2. In no event or circumstance will Zivira be under any liability to make good any loss whether by way of any monetary payment or otherwise.
    3. Marketing or promotion of services should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for Your specific healthcare needs.
    4. Zivira shall not be held liable for any opinions, information, reviews or comments posted by any User on the Platform.
    5. Zivira or anyone else involved in administering, distributing or providing the Platform further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
    6. By using this Platform, you agree to the limitations of liability set out in this disclaimer.
  9. INDEMNITY
    1. You shall indemnify, defend and hold harmless Zivira, its directors, shareholders, officers and other representatives against any claims, losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Zivira to a third party in settlement of a claim or dispute on the advice of Zivira’s legal advisers) incurred or suffered by Zivira, directly or indirectly, arising out of or in connection with (i) Your access to the Platform, (ii) Your use of the services and/or the information on the Platform and/or the reports generated using the Platform, or (ii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party including intellectual property or other right of any person or entity; or (vi) any and all third-party claims based upon the content of any communications transmitted by You.
  10. MISCELLANEOUS:
    1. In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
    2. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
    3. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
    4. Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between You and Zivira.
  11. VARIATION
    Zivira may revise these Terms from time to time. Revised Terms will apply to the use of this Platform from the date of the publication of the revised Terms on this Platform. Please check this page regularly to ensure you know the current version.
  12. ENTIRE AGREEMENT
    These Terms constitute the entire agreement between you and Zivira concerning your use of this Platform and supersede all previous agreements concerning your use of this Platform.
  13. LAW AND JURISDICTION
    These Terms will be governed by and construed in accordance with the laws of India, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of [JURISDICTION].
  14. FORCE MAJEURE
    1. Zivira shall not be in breach of its obligation hereunder if it is delayed in the performance of or is unable to perform (whether partially or fully) its obligations (provide the services) as a result of the occurrence of a Force Majeure Event (defined below).

      For the purposes of these Terms, the term “Force Majeure Event” means any event, whatever be the origin, not within the reasonable control of Zivira, which Zivira is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders Zivira from performing its obligations under any agreement, including these Terms, with You, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
  15. GRIEVANCE OFFICER:
    1. In accordance with the applicable law, any grievances which You may have with respect to the information shared by You with us hereunder and its treatment or any grievance related to products and services being availed hereunder, may be directed by You to such grievance officer at the below mentioned coordinate:

      Name: Prashant J Rao
      Designation: Grievance Officer
      Email Address: blinkyoureyes@zivira.co.in
      Registered Office: Unit No. 906, 9th Floor, Eco Star, Vishweshwar Nagar Road, Goregaon East, Mumbai, 400063, INDIA.