Privacy Policy | Raktsevak

Effective date: September 28, 2018

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE. THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND RAKTSEVAK (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE I ACCEPT TAB OR BY USE OF THE RAKTSEVAK APPLICATION OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND RAKTSEVAK FOR YOUR USE OF THE APPLICATION. THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY AND THE TERMS AND CONDITIONS FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION. THE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY WILL BE AVAILABLE ON WEBPAGE HOSTED ON WEBSITE OF DR. HEDGEWAR JANMA SHATABDI SEVA SAMITI AS WELL. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE APPLICATION, YOU INDICATE THAT YOU UNDERSTAND, AGREE, AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS APPLICATION. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO RAKTSEVAK AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000. By providing us your Information or by making use of the facilities provided by the Raktsevak Application, You hereby consent to the collection, storage, processing, and transfer of any or all of Your Personal Information and Non-Personal Information by Raktsevak as specified under this Privacy Policy. You further agree that such collection, use, storage, and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person. Raktsevak and its subsidiaries and affiliates and Associate Organizations (individually and/ or collectively, “Raktsevak”) is/are concerned about the privacy of the data and information of users accessing, offering services on Raktsevak Application and otherwise doing business or providing service to Raktsevak. “Associate Organizations” here shall have the same meaning as ascribed in Companies Act, 2013. The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Raktsevak and the terms “You” /”Your” / “Yourself” refer to the users. This Privacy Policy is a contract between You and the respective Raktsevak entity whose Application You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and condition of the respective Raktsevak entity and its respective mobile Application or nature of business or service of the mobile Application.

Raktsevak has provided this Privacy Policy to familiarise You with:

• The type of data or information that You share with or provide to Raktsevak and that Raktsevak collects from You;
• The purpose for collection of such data or information from You;
• Raktsevak’s information security practices and policies; and
• Raktsevak’s policy on sharing or transferring Your data or information with third parties. This Privacy Policy may be amended/updated from time to time. Upon amending/updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Raktsevak Application and services or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.

Information collected and storage of such Information:

The “Information” (which shall also include data) provided by You to Raktsevak or collected from You by Raktsevak may consist of “Personal Information” and “Non-Personal Information”.

Personal Information:

Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:

• Your mobile number
• Your user name(mobile number) along with Your password
• Your full name
• Your date of birth
• Your blood group
• Your gender
• Your occupation
• Your e-mail address
• Your address
• Any other items of sensitive personal data or information as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
• Identification code of your communication device which You use to access the Application or otherwise deal with any Raktsevak entity,
• Any other Information that You provide during Your registration process, if any, on the Application or Dr. Hedgewar Janma Shatabdi Seva Samiti’s website. Such Personal Information may be collected in various ways including during the course of You:
  • registering as a user on the Application or Website,
  • registering as a donor on the Application or Website,
  • availing certain services offered on the Application or Website. Such instances include but are not limited to putting blood requests, responding to blood donation requests, participating in any online survey, communicating with Raktsevak’s customer service by phone, email, or otherwise, or posting user reviews on the items available on the Application or Website, or
  • otherwise dealing with any Raktsevak entity. We may receive Personal Information about you from third parties, such as social media services, commercially available sources, and business partners. If you access an Application or Website through a social media service or connect service on Application or Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Application or Website or otherwise deal with any Raktsevak entity through social media services or when you connect any Application or Website to social media services, you are authorizing Raktsevak to collect, store, and use and retain such information and content under this Privacy Policy.

Non-Personal Information:

Raktsevak may also collect information other than Personal Information from You, with Your prior permission through the Application when You use the Application. Such information may be stored in server logs. This Non-Personal Information would not assist Raktsevak to identify You personally. This Non-Personal Information may include:

• Your geographic location: Your (user’s) Location is asked/ collected with Your prior permission, only once in the below two scenarios.
  1. When You opt-in for the registration as Blood Donor. Your location helps us to show You in the list of nearby Blood Donors who can reach the place quickly.
  2. While filling up a blood request form You or on behalf of the patient. Your location is helpful to show You the list of nearby Blood Donors who can reach the place quickly.
  Please note, We do not collect Your location in the background.
• Pictures and other information from your Device’s camera and photo library
• details of Your telecom service provider or internet service provider,
• the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
• the operating system of Your system, device, and the Website You last visited before visiting the Website,
• The duration of Your stay on the Website is also stored in the session along with the date and time of Your access, Non-Personal Information is collected through various ways such as the use of cookies. Raktsevak may store temporary or permanent ‘cookies’ on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer’s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.
• Ads: Raktsevak may use third-party service providers to serve ads on Raktsevak’s behalf across the internet and sometimes on the Website. They may collect Non-Personal Information about Your visits to the Website and Your interaction with our products and services on the Website. Please do note that Personal Information and Non-Personal Information may be treated differently as per this Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service. The Primary feature of the ‘Raktsevak’ is to connect Blood Donors with the people who need blood in case of any medical treatment or emergency. People(Blood Seeker) who need blood can submit a request with the patient’s details like blood group, Name, location, and contact person’s mobile number. The app will show a list of registered Blood Donors nearer to patients’ locations so the Blood Seeker can contact them for help.
• To manage Your requests: To attend and manage Your requests to Us.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

You hereby represent to Raktsevak that:

• the Information you provide to Raktsevak from time to time is and shall be authentic, correct, current, and updated and You have all the rights, permissions, and consents as may be required to provide such Information to Raktsevak.
• Your providing the Information to Raktsevak and Raktsevak’s consequent storage, collection, usage, transfer, access, or processing of the same shall not violate any third-party agreement, laws, charter documents, judgments, orders, and decrees.
• Raktsevak and each of Raktsevak entities officers, directors, contractors, or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Raktsevak. You shall indemnify and hold harmless Raktsevak and each of Raktsevak entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.
• Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than the Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their security standards to safeguard your information or data and we will on a commercially reasonable basis require such third parties to adopt reasonable security standards to safeguard your information/data.
• Purpose for collecting, using, storing, and processing Your Information Raktsevak collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage, or processes under the consent of the user) connected with a function or activity of each of Raktsevak entities and shall include the following:
  • to facilitate Your use of the Application or other services of Raktsevak entities;
  • to respond to Your inquiries or fulfill Your requests for information about the various services offered on the Application;
  • to provide You with information about services available on the Application and to send You information, materials, and offers from Raktsevak;
  • to send You important information regarding the Application and Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
  • to send You surveys and other communications that Raktsevak believes may be of interest to You;
  • to personalize Your experience on the Application and Website by presenting advertisements, products, and offers tailored to Your preferences;
  • to help You address Your problems incurred on the Application and Website including addressing any technical problems;
  • if You avail of any service from the Application and Website, to complete and fulfill Your request;
  • for proper administering of the Application and Website;
  • to conduct internal reviews and data analysis for the Application and Website (e.g., to determine the number of donation requests for specific blood groups from specific geographic locations);
  • to improve the services and content on the Application and Website;
  • to provide value-added services such as Single Sign-On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password to access multiple websites and applications;
  • to facilitate various programs and initiatives launched by Raktsevak or third-party service providers and associate organizations
  • to analyze how our services are used, to measure the effectiveness of campaigns
  • to conducting academic research and surveys
  • to protect the integrity of the Application and Website;
  • to respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
  • to conduct analytical studies on various aspects including user behavior, user preferences, etc.;
  • to implement information security practices;
  • to determine any security breaches, computer contaminant or computer virus;
  • to investigate, prevent, or take action regarding illegal activities and suspected fraud,
  • to undertake forensics of the concerned computer resource as a part of an investigation or internal audit;
  • to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to hurt the services provided on any Website or by Raktsevak;
  • to enable a potential buyer or investor to evaluate the service of Raktsevak (as further described in paragraph 8 of the Privacy Policy). [Individually and collectively referred to as (“Purposes”)] You hereby agree and acknowledge that the Information so collected is for a lawful purpose connected with a function or activity of each of the Raktsevak entities or any person on their respective behalf, and the collection of information is necessary for the Purposes.

Sharing and disclosure of Your Information

You hereby unconditionally agree and permit that Raktsevak may transfer, share, disclose, or part with all or any of Your Information, within and outside of the Republic of India to various Raktsevak entities and third-party service providers/partners/banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case, we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Raktsevak under applicable law. You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Raktsevak transfers Your Information to any other entity within or outside Your country of residence, Raktsevak will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy. Raktsevak may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitate various programs or initiatives launched by Raktsevak, its affiliates, agents, third-party service providers, partners, or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our services, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing user services, facilitating payments, or conducting academic research and surveys. These affiliates and third-party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Raktsevak may also share Personal Information if Raktsevak believes it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions, or our policies. We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from law enforcement or governmental agency or judicial, quasi-judicial, or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims. You further agree that such disclosure, sharing, and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or any third-party, or any wrongful gain to us or any third-party.

Links to third-party websites

Links to third-party websites, third-party advertisements, or any third-party electronic communication service may be provided on the Application or Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Raktsevak unless expressly specified on the Application or Website. Raktsevak is not responsible for any form of transmission, whatsoever, received by You from any third-party website. Accordingly, Raktsevak does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third-party websites, nor does Raktsevak control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third-party websites. The inclusion or exclusion does not imply any endorsement by Raktsevak of the third-party websites, the website’s provider, or the information on the website. The information provided by You to such third-party websites shall be governed by the privacy policies of such third-party websites and it is recommended that You review the privacy policy of such third-party websites before using such websites.

User discretion and opt out

You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Raktsevak to collect Your Personal Information or later on withdraw Your consent to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Raktsevak entity as may be notified to You. In such case, You should neither use the mobile application and any services provided by Raktsevak entities nor visit the website nor shall contact any of Raktsevak entities. Further, Raktsevak may not provide any services to You, upon Your requests, or Raktsevak may deny you access to using certain services offered on the Application or Website. You can add or update Your Personal Information regularly. Kindly note that Raktsevak would retain Your previous Personal Information in its records.

Grievance Cell

If you find any discrepancies or have any grievances about the collection, storage, use, disclosure, and transfer of Your Personal Information under this Privacy Policy or any terms of Raktsevak’s Terms of Use, Term of Sale, and other terms and conditions or policies of any Raktsevak entity, please contact on the email: seva.drhjsss@gmail.com The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.

Business / Assets Sale or Transfers

Raktsevak may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization, or sale of assets or business or the event of bankruptcy. Should such a sale or transfer occur, such Raktsevak entity will reasonably ensure that the information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third-party to which any of Raktsevak entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately before such transfer or sale.

Further Acknowledgments

You hereby acknowledge and agree that this Privacy Policy:

• is clear and easily accessible and provide statements of Raktsevak policies and practices with respective to the Information;
• provides for the various types of personal or sensitive personal data of information to be collected;
• provides for the purposes of collection and usage of the Information;
• provides for disclosure of Information; and
• provides for reasonable security practices and procedures.

Terms and Conditions

Please read the following terms and conditions very carefully as your use of the Raktsevak is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the Terms and Conditions). INSTALLING, ACCESSING, BROWSING, OR OTHERWISE USING THE APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of the Application, You also accept and agree that you have read, understood, and are bound by these Terms and Conditions, regardless of how you or anyone on your behalf have installed, accessed, or used the Application. If you do not want to be bound by the Terms and Conditions, you must not retain, access, or use the Application in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly in contravention with these Terms and Conditions may render you liable for legal action.

Definitions

In these Terms and Conditions, references to: You or User shall mean the end-user or anyone on behalf of end-user installing, accessing, browsing, or otherwise using the Application, its contents, or any services offered through Raktsevak Application or Website. Application or Application Provider means a collective reference to the Raktsevak services provided over the application or on the website. Raktsevak or We or Us means the Application provider and any third-party whose services are availed by us from time to time for providing, storing, processing, transferring, or promoting any services through the Application or Website.

Scope

Through Raktsevak, we intend to provide following services initially and we reserve the right to add, amend or discontinue any of our services in future:

• Allowing blood seekers to create blood donation request
• Allowing blood seekers to contact near by blood donors
• Allowing blood donors to contact near by blood Seekers

Eligibility

Access to our Application is reserved solely for those who are Eighteen years or above in age, and are not prohibited from entering into a contract of service of this kind by the applicable law of their competent jurisdiction.

Inquiries in relation to Application

While accessing the Mobile Application, you may:

1. Request for Blood as Blood Seeker
2. Register as a Blood Donor
3. Send your feedback and inquiries about the Application and its services.

Registration

• If you intend to register with Raktsevak, after downloading the Application, then you shall SignUp and fill out a form (Form), for keying in your essential details and filling in the blanks. We expect that you would complete the Form with fairness and honesty while furnishing your personal information. You would appreciate that an efficient and effective match between Blood Donor and Blood Seeker depends upon yourself furnishing true, accurate, current, and complete information, details about blood requirement, blood type, eligibility, etc. You are expected to read the relevant column before entering in the details selecting the option available or providing/uploading your photo(s) or any other document (s). You are requested not to enter details of the profile in a field other than the applicable field (including mentioning id’s of other platforms/websites/ applications/irrelevant information) or repeating your details in other fields, after filling them once in the relevant fields or providing other person photographs. You further undertake that you alone shall be responsible or liable for any information provided to Raktsevak by you or anyone on your behalf. To serve you better if Raktsevak requires additional details you agree to provide the same to Raktsevak. Raktsevak shall reproduce the details mentioned in the Form on ‘AS IT IS AVAILABLE’ basis to other users (i.e. users using the Application owned by Dr. Hedgewar Janma Shatabdi Seva Samiti / Raktsevak database etc.), and Raktsevak users shall be solely liable for the information given to us by the users or by anyone else on their behalf for such user.
• If at any point of time Raktsevak comes to know or has reasons to believe that any information provided by you for registration or otherwise is found to be untrue, inaccurate, or incomplete then Raktsevak shall have full right to suspend or terminate your membership and refuse to provide our service to such user thereafter without any notice.

Tenure

Tenure of our service shall depend upon the services offered by us or for any tenure which may be introduced from time to time by us and chosen by you in compliance with conditions of the chosen services.

Role and Responsibility of Raktsevak

1. Upon registration as a user after filling the form, we will provide you access to our users’ area, where you can put a request for blood, browse blood requests and see suggestions based on your blood group type preferences for potential donors.
2. We will endeavor to provide donor(s) profile(s) as per your set preferences subject to availability of profile in the database of the Application. The Application with the database can be accessed at any point of time subject to fulfillment of membership conditions and any downtime technical errors or other causes which are outside our control provided that you have access to internet services.
3. The availability of donors profiles depends on the number of registered donors, and we undertake no obligation to provide you with any definite number of profiles.
4. We will provide you all assistance related to our Application and take appropriate measures to resolve any complaints which you may have to our Application.
5. Our liability to any user/ donor profile is limited to the display of user profile in a form decided by us, and to take appropriate measures for any user account if we receive any complaint from any of our users. In the case where it is found that a false complaint is filed by any of our users, then it is the victim user’s responsibility to take appropriate action if any. We will provide you reasonable assistance in providing any information on an order of competent enforcement or judicial authority, provided that any expenses in doing so are to be borne by the user who has taken any action notwithstanding the result of such a claim. Please note, any user’s conduct, personal interaction either over the Application or otherwise, any communication or transactions of any nature are outside the purview of our scope of service, and each user agrees to indemnify and hold us harmless to the same.
6. Suggestions made by the Application are based on the data provided by the users in their blood group type preferences, algorithm, and other technological factors. Each user is expected to exercise due care and caution while proceeding with meeting/contacting a matched user profile.
7. The profiles shared with users are from the data available with Raktsevak. We do not make any representations as to the accuracy and authenticity or otherwise to any such data either provided at the time of registration or maintained subsequently. Our one-time password method only assures that the mobile number provided at the time of registration was in an inactive state.

Role and Responsibility of User

1. Users are requested to exercise due care and caution while shortlisting the prospect/donor and satisfy themselves before choosing the match through adequate efforts, initiatives, and due diligence. We will not be liable for short coming due to any misrepresentations made by any of its Users/prospects to you. However, if it is reported or found by us that any User’s profile is misleading or inaccurate or any user is not in conformity with our Terms and Conditions, then we reserve the right to suspend, terminate or block such a user at our discretion.
2. Users are expected to verify the credentials of the prospect/donor such as blood group type, blood donation/requirement eligibility, medical status, contact details, character, etc.
3. Users are expected to provide the latest photograph which should not be more than 3 months old and keep all information up to date and accurate. Providing old photographs, inaccurate/false information of their health status, and blood type details shall be treated as a violation of Terms and Conditions which will make such users ineligible from availing our services.
4. Users are expected to disclose their proper health records and blood group type-specific information (if applicable) in the Form and keep such information up to date at all times. Such health information may include any pre-existing illness, among others. Non- disclosure of such information or inaccurate disclosure of such information at all times shall be treated as a violation of the Terms and Conditions.
5. Users are expected to refrain from :
   1. Entering into financial transactions with shortlisted donors/prospects.
   2. Dealing with shortlisted donors/prospects in any manner before carrying out due verifications of the donor/prospect.
   3. Entering into any deal/contract with donor/prospect outside Raktsevak app.
   4. Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
   5. Each User and any person on behalf of any User shall not host, display, upload, modify, publish, transmit, update or share anything in any form through our Application which :
      • belongs to another person and to which the User or any person who is acting on behalf of such User does not have any right to.
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
      • harm minors in any way.
      • infringes any patent, trademark, copyright or other proprietary rights.
      • violates any law for the time being in force.
      • deceives or misleads the addressee about the origin or communicates any information (as defined under the Information Technology Act, 2000) which is grossly offensive or menacing.
      • impersonate another person.
      • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource.
      • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
   6. Users are expected to be cautious of donors/prospects who call from multiple users, only interact over the phone, don’t come forward for a face-to-face meeting (physically or through video calls) upon request, and don’t involve family and friends in blood request matching.
   7. Users cannot use the profile shared with them for the benefit of any third person(s) or for gaining any commercial benefits.
   8. Membership for the purposes of blood request match over our Application is restricted strictly to the registered individual user only. User’s data cannot be used for any commercial purpose or competitive business or for any other purpose than the specified purpose of the match between a blood donor and blood seeker or such other purpose as may be notified by us from time to time. We reserve our right to initiate appropriate legal action for such data misuse.
   9. You shall not assign or transfer your membership to any other person or entity.
   10. We and our partners may contact you over phone/e-mail / SMS and in such technological modes as are prevailing in the market, and by submitting the Form, you wave any right to treat such communication as unsolicited commercial communication notwithstanding the fact that your number is registered under the National Do Not Call Registry or any other registry established for similar purposes.

Confidentiality

1. We will maintain the confidentiality of all personal information furnished by users and shall take all possible and /or reasonable steps for maintaining the confidentiality of the information provided to us. However, sharing of such information either over the Application or to any shortlisted user by us or with a third-party for providing the services using our Application does not amount to a breach of confidentiality. Any information which is provided using the Form or is updated by the user on the profile.
2. Any feedback or any interaction with us to Application or otherwise shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, you represent and warrant that (i) your interaction with us or the feedback does not contain confidential or proprietary information of yourself or third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the feedback or the interaction; (iii) you are not entitled to any compensation or reimbursement of any kind from us for the feedback or interaction under any circumstances.
3. You agree that we have all the right to process your data through the automated processes to serve you with suitable profiles (based on your set blood group type preference) and we may also send you communication in this regard. We may for the purpose of providing you the Application or any of our services, avail goods/services either as a onetime measure, or on a contractual basis, or a permanent basis from third parties, and in such case, our confidentiality obligations will be satisfied if we have incorporated confidentiality clause in our agreements with such third parties and we are satisfied with the reasonableness of measures taken by the third-party about the protection of your information.
4. Further, in an eventuality where due to any unauthorized act of any of the third-party the confidentiality of your information is breached, we will terminate the services of such third party upon satisfaction.
   • Our confidentiality obligations do not extend in cases where we are required to disclose any information due to any actions relating to enforcement, investigation, governmental, statutory, judicial, inspection, survey, and other reasons on being satisfied as to the reasonableness of the person or authority seeking such information. We may also be required to disclose certain information (excluding the personally identifiable information) under the Right To Information Act, 2005.
   • Our confidentiality obligations do not extend to the transmission of your information over the internet although we will take reasonable measures to protect any transmission of such information over the internet.
   • Although we will take every reasonable measure to ensure the protection of your information, however, our confidentiality obligations do not extend to protecting the information which may be obtained by technological measures such as indexing of profiles by search engines, etc.
5. We will retain the communications by means of chats/feedbacks/testimonials / such other means if are provided on the Application either on our servers or through the engagement of third-party services and You agree that the same will not amount to a breach of confidentiality.

Grievance Cell

In the event, you come across any concerns/Grievance in the Application operation including any abuse or violation of these Terms and Conditions or if you become aware of any objectionable user profile on the Application, you may contact us on email: seva.drhjsss@gmail.com

Disputes between Users

We are not a broker or the agent of any user and we do not partake in the exchange of any kind of discussion between the users and donors/prospects or the results of their discussion. We only allow parties to interact and use our platform by obtaining their consent. Users are solely responsible for the communications with donors/prospects. We shall not be held responsible for any interactions/ passing of information(s) etc. between any users or third parties or our representatives interacting outside the Application through e-mail, call, chat, or any other medium. And we also expressly disclaim any responsibility or liability for any transactions or interactions between the users inter-se. You agree that we have no obligation, to monitor any such disputes arising between the users, and you shall not make us as a party to any such dispute/litigation, etc.

Content Rights and Responsibilities

You acknowledge that you are responsible for the content and information including the profile details, photograph, and other content provided at the time of the submitting of the Form and also all the posts and communication with other members. Such content does not include any information which is automatically collected by the Application. You hereby represent and warrant that you own all rights, title, and interest in your content or have the necessary licenses, rights, consents, and permissions to provide the said content. However, by submitting the content to Raktsevak, you hereby grant Raktsevak a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, including without limitation for promoting, communicating to the public and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels. You hereby also grant Raktsevak a non-exclusive license to access your content and to use, reproduce, distribute, prepare derivative works of, display, communicate to the public and perform such content. While we do not accept any obligation to monitor the content, if the content is found not to comply with these Terms and Conditions, we may delete the content and/or terminate your membership or registration (pending the grant of membership). You agree that if the situation warrants, then we may at our sole discretion put restrictions on any user to other users’ communications. We reserve the right to suspend/delete the profile of the users whose personally identifiable information matches with another individual registered in our database and we also reserve our right to initiate appropriate legal action against such individual. All proprietary rights of the Application and anything or any service associated with the Application including its content vest with Raktsevak.

Limitation of liability

1. Raktsevak or its Office-bearers shall under no circumstances be liable or responsible to the Application users or member or his/her authorized Representative or Guardian or any third-party for any indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of Application / Website / Third Party Website and Third-Party Resources.
2. Notwithstanding anything to the contrary contained herein, Raktsevak’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us, for the Application and its Services during the term of your membership.
3. We will not be liable in case of any wrong blood donor and seeker match made due to any available data/profile from the Application.
4. Raktsevak or its office bearers shall under no circumstances be liable if any member enters into a financial transaction with any prospect or third party.
5. We will not be liable if a match between blood donor and seeker after acceptance does not continue or does not result in blood donation.

Disclaimer

1. Your use of the Application or any content provided to you by us is at your own risk. YOU UNDERSTAND AND AGREE THAT THE APPLICATION, CONTENT, AND SERVICES ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Application, its servers, or e-mail sent from the Application are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Application, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
2. We do not give any implied or explicit guarantee or warranty of match between blood donor and seeker to you by choosing to use our Application.
3. Notwithstanding anything contrary contained anywhere, under no circumstances, we shall be held responsible or liable whatsoever or howsoever, arising out of, relating to, or connected with :
   1. any untrue or incorrect information submitted by you or on your behalf.
   2. any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the profile from our Application).
   3. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf. And
   4. any cyber incident attempted or committed by anyone.

Indemnity

By using our Application you agree to defend, indemnify, and hold harmless Raktsevak, its subsidiaries, affiliates, directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney’s fees, made by any person through improper use of the Application provided by us. This defense and indemnification obligation will survive in perpetuity.

Breach And Termination

Any violation of Terms and Conditions or any action which may lead to criminal consequences will be treated as a sufficient breach of these Terms and Conditions. Your membership may be terminated on breach of any of our Terms and Conditions, or your written request, or when the purpose of your membership ceases to exist either in our knowledge or due to any legal changes/actions known to us or brought to our notice.

Jurisdiction and Applicable Law

1. These Terms and Conditions in relation to access, availing of membership and Application usage or any services are deemed to have been entered into within the territorial Jurisdiction of Vadodara, Gujarat, India.
2. The users unconditionally agree that all such disputes and/or differences if any shall be governed by the Laws of India and the users agree to submit themselves to the exclusive jurisdiction of the appropriate court of law in Vadodara, Gujarat, India.
3. You hereby, unconditionally and irrevocably confirm that you have read Terms and Conditions and agree to abide by them. Further, we will not be liable for any act done or taken in good faith.
4. You may serve as a communication whether legal or otherwise by addressing it to Raktsevak on the address as mentioned in our Application.