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1.1 MyCRYOPDP webportal is provided by CRYOPDP [CRYOPDP shall mean CRYO International S.A.S. and its subsidiaries (“subsidiary” means any corporation or other business entity controlled directly or indirectly by CRYO International S.A.S.], and it’s available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the MyCRYOPDP.
1.2 You shall keep the use and access permissions assigned to You secret, protect them against access by unauthorised third parties and not disclose them to unauthorised users. Only persons with a need to access MyCRYOPDP in order to use it on Your behalf shall be authorised by You (“authorised user”). You shall notify the authorised users about their obligation and shall obtain corresponding undertakings from the authorised users. You acknowledge Your own responsibility for the safekeeping, handling and use of MyCRYOPDP, also in relation to the shipments that may be requested by third parties through MyCRYOPDP. You agree to notify CRYOPDP immediately of any unauthorised use of Your account or password, or any other breach of security.
3.CRYOPDP’s General Terms and Conditions
4.Provision of MyCRYOPDP webportal
There is no service-level agreement (an "SLA") with CRYOPDP. You acknowledge and agree that MyCRYOPDP webportal may not be available from time to time due to maintenance or service or network disruptions, and by Your use of MyCRYOPDP you agree to hold harmless CRYOPDP for any such service interruptions and for any inaccurate or incomplete copies of information due to transmission, printing or other technological difficulties with delivery. All content on the MyCRYOPDP webportal is presented only as of the date published or indicated and may be superseded by subsequent events.
5. Information submitted through MyCRYOPDP
5.2 With respect to any individual whose personal information is provided by You to CRYOPDP through MyCRYOPDP, You represent to CRYOPDP that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
5.3 You accept that CRYOPDP will incur costs in processing the Orders You placed through MyCRYOPDP and that CRYOPDP may request You to compensate it in the event that You do not subsequently tender a shipment for the Orders at the expected pick-up time.
6. Intellectual Property
7. Restrictions on Use of the MyCRYOPDP webportal
(a) You shall not disguise the origin of information transmitted through the MyCRYOPDP.
(b) You will not place false or misleading information on the MyCRYOPDP.
(c) You will not use or access any service, information, application or software available via the MyCRYOPDP in a manner not expressly permitted by CRYOPDP.
(d) You shall take all necessary steps to ensure that You do not transmit or receive any computer viruses, worms or other programs whatsoever that may or are intended to damage, interfere with, intercept or expropriate any system, data or information whatsoever of CRYOPDP.
(e) You may not use or access the MyCRYOPDP webportal in any way that, in CRYOPDP's judgement, adversely affects the performance or function of the CRYOPDP systems, or the MyCRYOPDP webportal or interferes with the ability of authorised parties to access the CRYOPDP systems or MyCRYOPDP.
(f) You may not frame or utilise framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of CRYOPDP.
You agree that CRYOPDP, in its sole discretion, may terminate or suspend Your use of the MyCRYOPDP webportal, the CRYOPDP systems, Information and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the MyCRYOPDP, and (b) destroy any copies You have made of any portion of the Content. Accessing MyCRYOPDP, the CRYOPDP’s Systems or Information after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that CRYOPDP shall not be liable to You or any third party for any termination or suspension of Your access to MyCRYOPDP, the CRYOPDP Systems, Information and/or the Services.
9. Disclaimer of Warranties
9.1 CRYOPDP MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING MyCRYOPDP, THE CRYOPDP's systems, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
10. Limitation of Liability
12. Compliance with Law Including Export Control
12.1 You agree to use the MyCRYOPDP in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgement of CRYOPDP, negatively reflect on the goodwill or reputation of CRYOPDP and shall take no actions which would cause CRYOPDP to be in violation of any laws, rulings or regulations applicable to CRYOPDP.
12.2 CRYOPDP is part of Cryoport Group, an USA based company. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software).
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE MyCRYOPDP, THE CRYOPDP’s SYSTEMS, INFORMATION AND CONTENT SHALL BE INSTITUTED IN A FRENCH COURT AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE MyCRYOPDP, THE CRYOPDP's SYSTEMS, INFORMATION AND/OR CONTENT MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
14. Governing Law and Language
15. Written Document
16. Complete Agreement
18. Customer Service
Questions or comments regarding the MyCRYOPDP may be submitted to firstname.lastname@example.org.