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.

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

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. 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.

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.

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 User-Generated 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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.