Terms of Use ("Terms")
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using Donor First Application (the "Service") and ensure that you understand them.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Account" Means an account required to access and use Our Service, as detailed in Clause 3;
"Client" means the incorporated entity you are providing services to either directly or via a sub-contracting arrangement, and to which we provide data collection and validation services to via Our Donor First App, and is the only authorised party able to request the creation or deletion of a User’s Account;
"Content" means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Donor First;
"Terms" means the Terms of Use document
"Service" means the Donor First app
"User" means a user of the Service ("You") and contracted to provide sales services to or on behalf of the Client;
"User Content" means data entered or uploaded by Users into Our Donor First App;
"We/Us/Our" means Yellow Tree Technology Limited, a limited company registered in Northern Ireland under company number NI629230, whose registered address is Office 407 City East Business Centre, 68-72 Newtownards Road, Belfast, Northern Ireland, BT4 1GW, and whose main trading address is Office 407 City East Business Centre, 68-72 Newtownards Road, Belfast, Northern Ireland, BT4 1GW.
2. Access to Our Service
2.1 It is your responsibility to make any and all arrangements necessary on your hardware in order to access Our Service.
2.2 We may from time to time make changes to Our Service:
2.2.1 minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue or to reflect changes in the law. If required to do so you will be informed of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Service; and
2.2.2 we will continue to develop and improve Our Service over time, in some cases making significant changes to it. You will be made aware of any and all such changes.
2.3 We will always aim to ensure that Our Service is available between 8:00am and 9:00pm. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes. Where We are responding to an emergency or an urgent issue you may not be notified in advance.
3. Accounts
3.1 An Account is required to use Our Service.
3.2 You may only have an Account if We have been requested to create one by the Client.
3.3 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact the Client or Us immediately. We will not be liable for any unauthorised use of your Account.
4. Our Intellectual Property Rights and Licence
4.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Service subject to these Terms.
4.2 All Content included in Our Service (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.3 By accepting these Terms and Conditions, you hereby undertake:
4.3.1 Not to copy, download or otherwise attempt to acquire any part of Our Service;
4.3.2 Not to disassemble, decompile or otherwise reverse engineer Our Service;
4.3.3 Not to allow or facilitate any use of Our Service that would constitute a breach of these Terms; and
4.3.4 Not to embed or otherwise distribute Our Service on any website, ftp server or similar.
5. User Content
5.1 You agree that you will be solely responsible for any and all User Content that you enter using Our Service. Specifically, you agree, represent and warrant that you have the right to enter the User Content and that it will not contravene any aspect of Our Acceptable Usage Policy, outlined in Clause 6.
5.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 5.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6. Acceptable Usage Policy
6.1 You may only use Our Service in a manner that is lawful and that complies with the provisions of this Clause 6. Specifically:
6.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
6.1.2 You must not use Our Service in any way, or for any purpose, that is unlawful or fraudulent;
6.1.3 You must not use Our Service to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
6.1.4 You must not use Our Service in any way, or for any purpose, that is intended to harm any person or persons in any way.
7. Termination or Suspension of Account
7.1 We will suspend or terminate your Account if requested to do so by the Client;
7.2 We also reserve the right to suspend or terminate your Account and/or your access to Our Service if you materially breach the provisions of these Terms. Specifically, We may take one or more of the following actions:
7.2.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Service;
7.2.2 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
7.2.3 take further legal action against you as appropriate;
7.2.4 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
7.2.5 any other actions which We deem reasonably appropriate (and lawful).
7.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms.
8. Disclaimers
8.1 No part of Our Service or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
9. Our Liability
9.1 To the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Service or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Service.
9.2 To the fullest extent permissible by law, We accept no liability for loss or damage that is not foreseeable.
9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Service or any Content (including User Content) included in Our Service.
9.4 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.5 We exercise all reasonable skill and care to ensure that Our Service is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Service.
9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.7 Nothing in these Terms excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Service is secure and free from viruses and other malware. We do not, however, guarantee that Our Service is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 9.5.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Service.
10.4 You must not attempt to gain unauthorised access to any part of Our Service, the server on which Our Service is stored, or any other server, computer, or database connected to Our Service.
10.5 You must not attack Our Service by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Service will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
11. Privacy
11.1 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the General Data Protection Regulation ("GDPR") and your rights under the GDPR.
11.2 Below is a list of the personal information we collect relating to the User:
Title.
Forename.
Surname.
Badge issued by the Client.
Password.
Device information used to access Our Service:
Name.
Operating System Name.
Operating System Version.
Location while using Our Service.
11.3 We use User information in the following ways:
To administer the Account required to access Our Service.
To restrict access to Our Service to authorised users.
To audit usage of Our Service.
To reduce fraudulent activity.
11.4 We secure personal data in the follow ways:
During the collection process all data is stored in an encrypted file system.
During the submission process all data is sent to Our data centre using HTTPS secured using TLS1.2.
Our data centre is ISO 27001 compliant and located within the European Union.
Access to User information is restricted to those who have a business need.
11.5 We will retain User information until the Client informs Us that it no longer required. At this point all personally identifiable information is deleted. The remaining information will be retained indefinitely for reporting purposes.
12. Communications from Us
12.1 If you have an Account, We may from time to time send you important notices by electronic messaging. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms, changes to Our Service, and changes to your Account.
13. Other Important Terms
13.1 We may transfer (assign) Our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). Our rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligations and rights under these Terms.
13.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
13.4 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
14. Changes to these Terms
14.1 We may alter these Terms at any time. Any such changes will become binding on you upon your first use of Our Service after the changes have been implemented. You will be presented with new Terms when they change.
14.2 In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
14.3 If you have any questions about these Terms contact the Client in the first instance or you can contact us:
By Post: Yellow Tree Technology Ltd., Office 407, City East Business Centre, 68-72 Newtownards Road, Belfast, Northern Ireland, BT4 1GW
By Email: compliance@yellowtreetechnology.com
15. Law and Jurisdiction
15.1 These Terms and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Northern Ireland