TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU SHALL NOT USE THE PLATFORM.

1. Introduction:

Welcome to www.transplantindia.org (TransplantIndia). TransplantIndia is owned and operated by Transplants Help the Poor Foundation, a non-governmental organization registered as a public trust under Bombay Public Trust Act, 1950 (hereinafter referred to as “Foundation”).

TransplantIndia has been set up essentially to raise funding for organ transplants for people who are financially challenged by bringing donors and beneficiaries together. Foundation also promotes organ donation. The usage of TransplantIndia is strictly governed by the terms and conditions contained hereinbelow.

If you (“You”) continue to browse and use TransplantIndia for any donations or any other purpose to be given or received by You, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) shall govern Foundation’s relationship with You.

2. Definitions:

“Beneficiary or Beneficiaries” shall mean and include all patients and individuals who are the ultimate beneficiaries of the donations received on TransplantIndia for the cause of organ donation.

“Campaigns” shall mean and refer to various campaigns that may be portrayed on TransplantIndia for raising adequate financial support for the Beneficiaries;
“Donors” shall mean and include all the donors who donate funds for the cause of organ donation.

“Platform/TransplantIndia” shall mean www.TransplantIndia.com including its applications on mobile and/or tablet, as owned, operated and managed by Foundation.
“Foundation” or “us” or “we” or “Our” shall mean Transplants- Help the Poor Foundation.

“You” or “Your” or “Yourself” shall mean to the users or viewers of this TransplantIndia, Donors who either donate their contributions or avail donations as Beneficiaries.

3. Scope of work:

TransplantIndia essentially works on funding of organ transplant surgeries and also promotes organ donation awareness as donor organ availability is an essential critical requirement for any transplant operation. In addition the Foundation is committed to working with all other stake holders (regulatory authorities at city, state or national level and other like-minded NGOs) in the domain of organ donation and transplantation.

The Foundation provides financial aid through its own funds and also from funds raised from You, through crowdfunding and various modes on TransplantIndia to the poor and needy people for liver, kidney and heart transplants.

TransplantIndia is facilitating a connection between Beneficiaries and Donors, so that Donors can donate funds to the Beneficiaries as per their requirement and avail the requisite tax exemption.

4. Contributions from donors

Foundation is a charitable trust and can accept Contributions from Donors subject to these Terms of Use and the Privacy Policy. Foundation may discontinue or revise any or all other aspects of Transplant India at its sole discretion.

Contributions by Donors shall be utilized solely for the ultimate benefit of the Beneficiaries and for the purpose of Foundation. Donors may participate and send in their Contribution by:

a) Donating funds easily online for the cause of organ transplant and also avail the necessary tax exemption under the applicable Indian laws;

b) Promoting awareness and information on organ transplant and organ donation.

c) Donating their organs as per their discretion by filling up the organ donation form. The Transplantation of Human Organs Act of 1994 makes it illegal to buy or sell human organs in India, and thus donating organs is very important to take the cause of organ donation further.

However, organ donation is an absolutely personal decision and Foundation shall only be collecting the forms from Donors and forwarding the same to the appropriate authorities and partner NGOS or hospitals, that are authorized for the same. The collection of forms shall not ensure that organs will be actually collected by any government hospital or authority.

We advise Donors to go through the materials and literature available on TransplantIndia and also consult doctors and family members before taking the decision of organ donation and fill in the donor form.

Considering the larger objective of donations reaching the Beneficiaries, You agree that as soon as You Contribute by donating funds, the funds shall be deemed to be transferred to the Beneficiaries and You shall not seek a refund. You may share the details of the Foundation to your friends and family members and social circle to generate awareness about the cause. Please consider carefully what You choose to share or make public, Foundation has no responsibility for that activity.

Donors further confirm and agree that they shall make genuine donations only through legitimate funds in their possession and shall not misuse the Platform in any manner.

5. Benefits to beneficiaries:

Beneficiary’s are required to submit and share their details and necessary documents on this TransplantIndia (“Details”), as may be required by Foundation, from time to time for verification purposes. Foundation shall authenticate these Details as part of its check or otherwise and shall promote the Beneficiaries only if it believes the genuineness or veracity of the Beneficiaries, in good faith.

Foundation shall send the funds to Beneficiaries or their hospitals directly as it deems appropriate and also issue appropriate receipts to Donors.

No fees/consideration/payment of any sort is charged from the Beneficiaries. However, the Beneficiaries shall only seek funding for genuine cases and with appropriate documents as required. TransplantIndia does ensure a basic verification check of the Beneficiaries to ensure that only genuine Beneficiaries who are in need of funds are promoted through their Platform.

Foundation adopts a basic verification process to ensure that the beneficiaries are genuine, needy and unable to afford the transplant operation. However, in case of any misleading or false information provided by the beneficiaries, Foundation reserves the right to take legal action against such beneficiaries along with right to receive back the amounts donated.

6. Using the platform

As a guest, You can navigate and browse the Platform but cannot make any Contribution. For making Contributions, You shall be required to register and provide us Your name, date of birth, address and any other details like PAN CARD , Adhaar Card number as required by TransplantIndia from time to time.

You agree that any registration information provided by You shall always be accurate, correct and complete. Foundation reserves the right to change or amend these Terms of Use from time to time, without any prior notice to You. We also reserve the right to refuse registration of, or cancel, accounts which we deem inappropriate.

7. Content available:

You acknowledge that Foundation does not make any representations or warranties about the data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which You may have access to on TransplantIndia. Under no circumstances, Foundation is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via TransplantIndia.

You agree that You are solely responsible for Your reuse of Content made available through TransplantIndia.

8. Content supplied by you:

You represent, warrant, and agree that no Content/Details shared by You with Foundation (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

You grant us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details submitted by You. You also grant us the right (i) to display Your Contents and Details on TransplantIndia (ii) promote or distribute it for the access of other viewers.

9. Links to third party sites:

TransplantIndia may contain links to other websites owned and operated by Beneficiaries or to any third parties such as hospitals other NGOs who are not related to Foundation (“Linked Websites”). The Linked Websites are not under the control of Foundation and Foundation is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.

Foundation provides these links to You as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Foundation . Your link to any such Linked Website is entirely at Your own risk. Foundation is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.

TransplantIndia may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. Foundation accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

10. Access to transplantindia:

Access to TransplantIndia is not available to minors under the age of eighteen (18) for any reason whatsoever.

You agree to
(a) only provide accurate and current information about yourself,

(b) maintain the security of Your passwords and identification,

(c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and

(d) be fully responsible for all uses of Your account.

You must not set up an account on behalf of another individual or entity unless You are authorized to do so. Using TransplantIndia does not deem to grant you any right on TransplantIndia and does not make You a permanent member, shareholder or affiliate of Foundation for any purposes whatsoever, nor shall You have any of the rights of statutory members of Foundation.

11. Prohibited conduct:

You agree not to engage in any of the following activities:

Violating laws and rights:

You shall not (a) use TransplantIndia for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solicitation:

You shall not use TransplantIndia or any information provided through TransplantIndia for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You shall not use TransplantIndia in any manner that could disable, overburden, damage, or impair TransplantIndia, or interfere with any other party’s use and enjoyment of TransplantIndia; including by

(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or

(b) interfering with or disrupting any network, equipment, or server connected to or used to provide facilities and features of TransplantIndia, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others:

You shall not share or transmit Contents or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; You shall not intimidate or harass another through TransplantIndia.

Impersonation or unauthorized access:

You shall not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using TransplantIndia.

You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to TransplantIndia, or the computer systems or networks connected to TransplantIndia, through hacking password mining or any other means.

User complaint

If You have questions or concerns or grievances regarding this Terms of Use, You can email at Foundation ’s grievance email-id i.e. contact@transplantindia.org.

12. Ancilliary features

You may get access to forums, blogs, e-mail and other features that may be offered from time to time on the TransplantIndia and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these features to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. You shall not use the features to express Your concerns or differences with any specific user.

You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.

13. Dealings with organisations and individuals:

You acknowledge and agree that TransplantIndia shall not be liable for Your interactions with any other visitors on TransplantIndia. This includes, but is not limited to, any representations, terms, conditions, warranties or representations associated with any interaction You may have with other visitors. These dealings are solely between You and such other visitors. You agree and acknowledge that Foundation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions.

Foundation reserves the right at any time and from time to time to modify or discontinue, the availability of the portal TransplantIndia (or any part thereof) with or without notice. Further, Foundation reserves the right to change these Terms of Use at any time and to notify You by posting an updated version of the Terms of Use on this TransplantIndia. You are responsible for regularly reviewing the Terms of Use. Continued use of TransplantIndia after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating TransplantIndia or any Content available through TransplantIndia, is to stop visiting and using TransplantIndia.

you expressly acknowledge and agree that use of transplantindia is entirely at your own risk and that transplantindia as a portal is provided on an “as is” or “as available” basis, without any warranties of any kind. all express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

to the fullest extent permitted by law, foundation , its officers, trustees, employees, and agents disclaim all warranties, express or implied, in connection with transplantindia and your use thereof.

foundation makes no warranties or representations about the accuracy or completeness of transplantindia’s content or the details and contents shared by the beneficiaries or the content of any third party websites linked to transplantindia and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of transplantindia, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from transplantindia, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through transplantindia by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via transplantindia. foundation does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through transplantindia or any hyperlinked website or featured in any banner or other advertising and foundation shall not be a party to or in any way be responsible for monitoring any transaction between you and/or other members and/or third-party providers of products or services.

14. Limitation of liability:

in no event shall foundation, its officers, trustees, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if foundation has been advised of the possibility of such damages), resulting from any aspect of your use of transplantindia, including without limitation whether the damages arise from use or misuse of transplantindia, from inability to use transplantindia, or the interruption, suspension, modification, alteration, or termination of transplantindia.

such limitation of liability shall also apply with respect to damages incurred because of any content advertised in connection with transplantindia or any links on transplantindia, as well as by reason of any information, opinions or advice received through or advertised in connection with transplantindia or any links on transplantindia.

these limitations shall apply to the fullest extent permitted by law. you specifically acknowledge and agree that foundation shall not be liable for member details and contents or the defamatory, offensive, or illegal conduct of any member or third party and that the risk of harm or damage from the foregoing rests entirely with you.

the forgoing limitations of liability shall apply notwithstanding the failure of essential purpose of any limited warranty or remedy herein.

15. Indemnification:

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Details and Contents that you submit (ii) Your violation of any rights of any other person in connection with TransplantIndia, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of this Terms of Use, (v) any breach of applicable law (vi) any donation, representation and warranties made by You to Foundation;

16. Anti-spam policy:

You certify that you shall use TransplantIndia in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam). Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy shall result in termination of Your access to TransplantIndia. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.

17. Privacy policy:

Foundation is committed to responsibly handling the information and data we collect through TransplantIndia in compliance with our Privacy Policy. Please review the Privacy Policy so you are aware of how we collect and use Your personal information.

18. Ownership of intellectual property:

TransplantIndia and all the rights including but not limited to intellectual property rights subsisting under or in relation to TransplantIndia are owned by the Foundation. TransplantIndia respects copyright, and we prohibit users from submitting, uploading, posting, or otherwise transmitting any Content or Details on TransplantIndia that violates another person’s proprietary rights.

If You believe that TransplantIndia contains elements that infringe Your intellectual property rights in Your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, We may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.

All materials on this TransplantIndia, including but not limited to Beneficiary details, images, testimonials, text, icons and such like (the “TransplantIndia Content”), are protected by copyright under the copyright laws. You cannot use TransplantIndia Content, except as specified herein.

Our logo is solely owned by Foundation. There may be proprietary logos, service marks and trademarks found on TransplantIndia whether owned/used by us or otherwise. By displaying them on TransplantIndia, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of TransplantIndia Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

19. Termination:

If You wish to terminate your engagement with Foundation, You may immediately stop accessing TransplantIndia. Your right to access and use TransplantIndia terminates automatically upon your material breach of any of the terms of these Terms of Use.

Your termination does not immediately remove the contents of the account or parts thereof being used by other users of TransplantIndia. Similarly, if such data is being used in offline mode, it shall not be possible for TransplantIndia to remove it completely and permanently.

Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.

20. Refund policy:

Money once donated can’t be refunded.

Miscellaneous terms:

Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at India and the courts in Mumbai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under.

No waiver: Foundation ’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.

Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, Foundation, employment, or agency relationship exists between You and Foundation as a result of these Terms of Use or from Your use of TransplantIndia.

Entire Agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and Foundation relating to this subject matter and supersede any and all prior communications and/or agreements between You and Foundation relating to this subject matter.

I Accept

This agreement is an electronic record in terms of information Technology Act 2000 and rules thereunder 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 signature. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules 2011 that require publishing the rules and regulations and privacy policy.