TERMS OF USE

    This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as 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.

    The domain name ‘www.datri.org’ (“Website“) and is owned and operated by DATRI Blood Stem Cell Donor Registry (the “DATRI” or “Us” or “We’ or “Our”), having its registered office atModule No: 1207 & 1208, 12th Floor, TICEL BIO PARK – Phase II, CSIR Road, Taramani, Chennai – 600113. India.

    DATRI offers this Website, including all content, information, tools and services available from this Website to its users (“You/you” or “User/user” or “You/your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under these Terms of Use, so please read the terms of use carefully before proceeding.

    When you use the Website,you agree to be bound by these Terms of Use (“Terms”) stated below. These Terms explain your legal obligations when you are using this Website. If you do not agree to these Terms, please do not use this Website.

    Privacy
    These Terms also incorporate the terms of the Privacy Policy.

    Platform Use
    You agree to have read, understood and convey acceptance that you shall be bound by these Terms every time you use the Website. You understand that it is your responsibility to check the Terms carefully before accessing or using or transacting on our Website. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. Any such modifications to these Terms would be effective immediately. It shall be your responsibility to review these Terms periodically for any updates/changes. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Website and services as listed on the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Website. You are allowed to use the Website at your own risk. User acknowledges and understands that user has discretion not to use the Website. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our including but not limited to Privacy Policy, available at www.datri.org amended from time to time.

    Services
    DATRI through its Website is allowing users to (i) register as a blood stem cell donors(ii) donate money to the organisation (iii) register as volunteers, and (iv) avail other allied services.

    Our services may involve sending certain communications to you in the form of service announcements, administrative messages and newsletters, which shall be considered part of using the Website. We understand and respect your privacy, and hence provide you the option of opting out from receiving certain communications. For more information on the privacy practices followed by us, please refer to our Privacy Policy.

    Medical Disclaimer
    Information contained on this Website is not a substitute for a doctor’s medical judgment or advice. DATRI recommends that you discuss your specific, individual health concerns with your doctor or health care professional. The materials and discussions presented here describe current treatment options and drugs or treatments that may be under study, and are for informational purposes only.Treatment Options Ordination Procedures Should be determined by an individual and his or her treating doctor based on the individual’s overall health, age, disease, disease stage, and, if transplant is being considered as a treatment option, the availability of a suitably matched adult donor.

    Registration
    Certain functions of the Website require registration, such as joining the registry. You agree that if you register on this Website, you will provide accurate, current and complete information aboutyourselfandwillmaintainandupdatesuchinformationpromptlyifanyofitchanges. In this process of registration as a donor, DATRI may collect the following personally identifiable information about you which may include name, alternate email address, contacts details, blood group, personal identification documents (such as AADHAR card, Voter ID card, Driving license etc.), postal code, demographic information. Further DATRI for the completion of registration you may have to fulfill certain additional requirements. You hereby agree to fulfill these additional requirements and assist DATRI to complete the process of registration as instructed from time to time.

    DATRI collects personally identifiable information in the process of a user registering as a volunteer which includes your name, date of birth, name of his/her organization or college name, address, mobile name, alternate name and email address. In the same process of registering as a volunteer DATRI may collect information regarding the preferred time for volunteering.

    Once the user submits all the relevant information on the respective register/submit tab for availing any of the services provided by DATRI, the users there by consent to DATRI using their information in accordance with these Terms and the Privacy Policy.

    Further DATRI may collect information about the pages on the Website you access, the number of times you access the page and such other browsing information.

    1. You agree that if any information you provide is inaccurate,not currentorin complete, DATRI may prohibit your access to sections of the Website requiring registration. DATRI may also reject your application to become a member the registry.
    2. You are responsible for keeping your password confidential and agree not to allow anyone else to use your user name or password to access this Website. You are fully responsible for all activities that occur under your user name and password. You agree to immediately notify DATRI of any unauthorized use of your password or username or any other breach of security of which you become aware.
    3. You may not register with a username or e-mail address that is already being used by someone else or that belongs to another person, unless you have his or her consent. DATRI may refuse to accept a username for registration if someone else has already registered with that user name or for any other reason at its own discretion.
    4. You agree that DATRI may access, preserve and disclose your registration information if required to do so by law or in the good faith belief that it is necessary to:
      • Respond to your requests for customer service;
      • Comply with legal process;
      • Enforce these Terms of Use;
      • Respond to claims that information you have provided violates the rights of others;or
      • Protect the rights, property or personal safety of DATRI, its users and the public.
    5. You agree that DATRI may stop accepting your password and user name and cancel your application to become a member of the registry without prior notice, if DATRI believes you have violated these Terms in any manner or form. You agree that DATRI is not liable to you or any third party for denying you access to any portion of the Website.
    6. Once your account is deleted, you hereby give us permission to continue storing and using the data for an additional period of One (1) year from the date of termination of your account. Additionally, we may continue to store any other information as may be required by applicable law for the purposes of record retention. While we make commercially reasonable efforts to ensure that the data stored on our servers are always available to you (during the subsistence of this Agreement), we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the user data to be permanently deleted, irretrievable, or temporarily inaccessible.

    Registration Fees
    Individuals who use this Website to join the registry may be required to pay a fee to help cover the costs of donor registration. (“Donor Registration Fee”). Donor Registration Fee charged by DATRI varies depending upon an umber of factors,including,but not limited to, the age of the registrant. By choosing to use this Website to join the registry you agree to pay the Donor Registration Fee, if charged. DATRI reserves the right, at its sole discretion, to charge a registration fee (including, but not limited to, Donor Registration Fee) to individuals who choose to join the registry, or to otherwise change such fee, without notice.

    Eligibility
    Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvent etc. are not eligible to use/access the Website.However, if you are a minor i.e. under the age of 18 (eighteen) years, you may access the Website under the supervision of an adult parent or legal guardian who agrees to be bound by the Terms of Use.

    DATRI, in its sole discretion and without any liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Platform, if:

    1. it is discovered or brought to our notice that you do not conform to the eligibility criteria; or
    2. DATRI has reasons to believe (including through evaluation usage patterns) that the eligibility criteria is not met; or
    3. there is a breach of the Terms.

    Donation
    For the purpose of receiving funds or any help received in kind, DATRI may collect personally identifiable information of the user for which may include your name, address (including postal code), email address and, phone number, bank account information, user debit/credit card details and any other information that may be required to make such donations. In this process DATRI may use third party payment gateway service providers to enable its users to make such donations.

    The user is eligible to make a donation if (a) the user has attained the age of majority i.e. 18 (eighteen) years, and (b) the user is a company/proprietorship or any other entity duly registered/incorporated under the laws of India or if you are residing in India or if you are a foreign citizen/national residing in India or a foreign national residing outside India. DATRI shall be under no liability whatsoever in respect of any loss indirectly or directly related a transaction being declined for lack of proper authentication.Further once a donation has been made, DATRI shall not be responsible to refund any amount that has been paid as donation to you.The user’s donation is eligible for tax deductions under Section 80G of the Income Tax Act, 1961 if the user/donor is above the age of 18 (eighteen) years and a resident of India (as per the Income Tax Act, 1961).Further the user shall comply with all the applicable laws including but not limited to Prevention of money laundering Act, 2002, and the allied rules for making donations to DATRI.

    Rules of Conduct
    While using the Website, you agree to comply with all applicable laws, rules and regulations.Inaddition,DATRIexpectstheusersoftheWebsitetorespecttherightsand dignity of others. Therefore, when using this Website, you agree not to:

    1. Postorsubmitinformationaboutanotherpersonorcompanywithouttheauthorizationto doso.
    2. Interfere with any other users’ right to privacy by trying to access or collect information about any individual users of thisWebsite.
    3. Interfere with the functioning of the Website or with other users’ use of the Website in any way,including:
    • Posting or transmitting any file or computer code or program (for example, viruses, worms,Trojanhorses)thatcoulddamageorinterferewiththeoperationofanyhardware, software or telecommunicationsequipment.
    • Interfering with the functioning of the Website, its servers or networks.
    • Hacking, defacing or modifying any portion of the Website.

    Copy, republish, sell or use for commercial purposes any portion of this Website unless you have prior written permission from DATRI.This includes framing or mirroring any part of the Website, systematically downloading and storing any content, putting the content in a database or republishingit.

     DATRImay,atitssolediscretion,removeanypoststhatitconsiders:(a)false,inaccurate, or misleading; (b) inappropriate or offensive, including posts that are harassing,abusive, obscene, or hate ful;(c) to be infringing any copyright,patent,trademark,trade secret or other proprietary rights or rights of publicity or privacy of any party; (d) to be promotional of commercial products or illegal activities; or (e) to be in violation of DATRI’s Terms of Use. Individuals continuing to make such posts will be removed from the Website at DATRI’s discretion.

    WhilesomecontentareasontheWebsitearemonitoredperiodicallyfortopicality,DATRI has no obligation to pre-screen postings and is not responsible for their content. We encourage you to notify DATRI of inappropriate or illegal content. DATRI reserves the right to remove postings for any reason.

    Links to Other Sites
    The Website provides links to other Internet sites for informational purposes and the convenience of its users. DATRI is not responsible for the availability or content of these external sites, nor does DATRI control or guarantee the currency, accuracy, relevance or completeness of information found on linked-to, external websites.

    Links to DATRI’s Website
    DATRI grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our Website under the following conditions: (a) the links and the content on your website must not suggest any affiliation with or endorsement by DATRI or cause any other confusion regarding your relationship to DATRI or its online services; (b) the link opens to the full version of applicable online services webpage, and each page within the Website is displayed in full (including all trademarks and branding), unaltered, and without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website; and (c) the links and content on your website do not portray DATRI or its affiliates or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, threatening, harassing,or that violates any right of any third party or is otherwise objectionable to DATRI. DATRI reserves the right to suspend, withdraw permission, or prohibitlinkingtoitsonlineservicesforanyreason,in its sole discretion,without advance notice or any liability of any kind to you or any third party. Unless DATRI enters into a specific written agreement with you, you may not use any of DATRI’s names, logos, designs, slogans, trademarks, or service marks in or with your links, except that may link to DATRI’s site using the plain text name of thatsite.

     Ownership of Website Content and Other DATRI Intellectual Property
    Unless otherwise indicated, copyright in all material on the Website is owned by DATRI. Youarewelcometoprintcopiesforyourpersonaluse.Foranyotheruse,thecopyrighted materialsmaynotbereproducedinwholeorinpartwithoutpriorwrittenpermissionfrom DATRI. In addition, a number of DATRI’s proprietary trademarks, service marks, and logos appear on this Website. All such content is the intellectual property of DATRI and you are prohibited from using the same in any manner, except under license or with express written permission by DATRI. For information about getting permission to use copyrighted materials and/or trademarks, service marks, and logos owned by DATRI, email to info@datri.org

    Third Party Services
    DATRI may use certain third-party service providers to provide you with the services. In this process, we may share your personal information or your data with some of the third-party service providers, as is necessary to enable them to provide the requisite certain services. These third-party service providers include certain service providers which help DATRI in collection of funds.

    Further, we will attempt to ensure that all our third-party service providers are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to you.

    User Submissions
    Certain DATRI webpages allow individuals (“Contributors”) to post messages, stories, images, and other content (“User Submissions”) to the site. As a Contributor, you are solely responsible for all information and materials, including data and images, you post, upload,transmit,ormakeavailabletoothersusingthisWebsite.Under no circumstances will DATRI be liable in any way for any User Submissions posted on or made available through this Website by you, any other Contributor, or by any third party.

     If you are a Contributor, you (or the author) own the copyright in your UserSubmissions; however,bypostingsuchcontentontheWebsite,yougrantDATRIanunlimitedrightandlicense to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Statement.

    DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATRI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
    2. DATRI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OR CODE UNDERLYING THE WEBSITE WILL BE CORRECTED.
    3. ANY MATERIAL SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS SUBMITTED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NOADVICEO INFORMATION,WHETHER ORAL OR WRITTEN,OBTAINED BY YOU FROM DATRI OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

      LIMITATION OF LIABILITY

      YOU CLEARLY UNDERSTAND AND AGREE THAT DATRI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DATRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SUBMISSION OF INFORMATION IN THE PROCESS OF APPLYING TO BECOME A MEMBER OF THE BE THE MATCH REGISTRY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THE WEBSITE;OR(v)ANYOTHERMATTERRELATINGTOYOUR USE OF THE WEBSITE.

      EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIESORTHELIMITATIONOREXCLUSIONOFLIABILITYFORINCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

     Indemnity

    You agree to indemnify and hold harmless, DATRI and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable advocates fees,madebymany third party due to, orarisingoutof, yourself the Website, including your application to become a member of the registry.

    Governing Law and Jurisdiction

    This Website is controlled by DATRI, which has its head office in Chennai, Tamil Nadu.ThelawsoftheRepublic of Indiagovernthecontractformedbythese Terms of Use. You agree that the courts in Chennai, shall have exclusive jurisdiction to hear and determine any claims or disputes between you and DATRI (and its members, managers, officers, employees, agents and the assigns of same),pertaining directly or indirectly to these Terms of Use, or to anymatterarisingfrom your use of the Website.


    Changes to the Website

    DATRIcanchangeor remove,eithertemporarilyor permanently,the Website Or A part of it at any time and without prior notice to you. You agree that DATRI is not liable toyou ortoanyoneelseforanychangeordiscontinuancetotheWebsiteoranycontent,feature or product offered on theWebsite.

    Waiver and Severability

    If DATRI does not exercise or enforce any particular right or provision in these Terms of Use, DATRIdoesnotwaivethatrightor provision.Ifacourtfindsanyprovision of these Terms of Use To be invalid, then you and DATRI agree that all other provisions of these Terms of Use will remain in effect.

    Changes to Terms of Use

    DATRI may change these Terms of Use at any time by posting the changed terms on the Website. All terms are automatically effective as soon as they are posted.

    Miscellaneous     

    The Terms are personal to you, and are not assignable or transferable by you. DATRI may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and
    neither party has any authority of any kind to bind the other in any respect.

     

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