USER AGREEMENT
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TERMS AND CONDITIONS AND TERMS OF USE OF WEB APP
This User agreement (“Agreement”) is an agreement between you and Silver Genie Pvt Ltd (“SilverGenie” or “Company” ) governing your use of SilverGenie's products, and/or services with the features as described on www.yoursilvergenie.com (“Website”) and SilverGenie Web App ( hereinafter “Web App”).
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By accessing the Web App, on your own volition and at your option, registering thereon and then using the Services as a member, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Web App and applies to all visitors, users and others who access the Services to be provided through Web App (hereinafter "Users"). In case you do not agree with the terms contained in this Agreement, you will not be permitted to use this Web App. SilverGenie will not be liable for any consequences arising from your unauthorized use. The Company may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/ Web App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on the Users. All changes are effective as soon as it is posted by Company and by continuing to use the Web App and avail of the Services, you agree to be bound by the revised terms and conditions of use.
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The Company has created this Web App to provide Users, the Services and the Company is not a medical organization, and its recommendations should not be misconstrued as medical advice, or diagnoses.
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SilverGenie reserves the right to withdraw or amend the Service (or any features within the Services) that it provides through Web App by notifying the same on the Web App without prior notice to you. The Company will not be liable, if for any reason our Web App or the Services (or any features within the Services) are unavailable at any time or for any period.
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SilverGenie grants the permission to use the Services as set forth in this Agreement, subject to the condition that: (i) You will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Silver Genie’s express authorisation in this regard; (ii) You will not alter or modify any part of the Services; and (iii) You will comply with the terms and conditions of this Agreement.
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In order to access the Services, You will need to register on the Website/ App and create a “Member” account. Your account gives you access to the Services and functionality that the Company may establish and maintain from time to time and in our sole discretion on the Web App.
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By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms and conditions, obligations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into this Agreement; and (e) you may use the Web App or such other Services provided through the Website/ App only in compliance with this Agreement and all applicable laws, rules and regulations. The Company shall not be liable for any damage or other consequence arising out of any inaccuracy in the information provided by you on the Web App. Your profile may be deleted by the Company by giving you twenty four hours advance notice, if the Company believes that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
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You agree to provide your full legal name, valid email address, age and address details and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.
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After you complete the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify the Company of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to the Company on its e-maid id.
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You are also solely responsible and liable to the Company for all activities that take place or occur under your account. Your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and the Company shall not be liable to you for any damages arising from your inability to log into your account.
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The Company reserves the right to refuse access to use the Services offered at the Website/ App to Users or to terminate access granted to Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by the Company from using the Website/App or Services for any reason whatsoever.
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MEMBERSHIP/REGISTRATION FOR THE SERVICES
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After completing registration process on the Web App, you will become a member which:
(i) allows you to access the Web App ; (ii) allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Web App or describing new services that the Company will enable on the Web App; (iii) allows you to make use of the Services on the Website/ App subject to these terms and conditions;
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By providing the Company your email address/ phone number you consent to
the Company using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
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GRANT OF LICENSE
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Subject to these terms and conditions of use, SilverGenie grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.
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PRIVACY POLICY
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The Company’s Privacy Policy tells you how the Company uses personal information collected at this Web App. Please read this privacy policy before using the site or submitting any personal information. By using Web App, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis.
Collection of Information
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We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by the Users. If you have any questions, concerns, or comments about our privacy policy you may contact us.
Cookies and Tracking Technology
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The Web App may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of users to the site, and understanding how Users use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
The Company may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. The Company may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.
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SECURITY
The Company has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User content from accidental loss and from unauthorized access, use, alteration or disclosure. However, the Company cannot guarantee against unauthorized access by third parties or use or your personal information and User Content for improper purposes by unauthorised third parties. You agree and acknowledge that you provide your personal information at your own risk.
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OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS
All right, title and interest in usage of the terms SilverGenie including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
All right, title, and interest in and to the Services (excluding your content) are and will remain the exclusive property of the Company. Any use of this Web App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of SilverGenie.
By accepting the use of terms hereunder you agree that the Company does not transfer/assign the title to the Web App to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by the Company. The Company retains the full and complete right, title and interest to the Web App, and all intellectual property, title and interest to the Web App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Web App in any manner which is contrary to this Agreement.
Any usage of SilverGenie’s contents, without the written authorization of SilverGenie, shall be considered a breach of this Agreement, and you shall be required indemnify SilverGenie for all liability incurred in this regard.
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GOVERNING LAW
This User Agreement shall be governed in accordance with the laws of India.The court at New Delhi shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Web App or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country.
SilverGenie shall have no liability whatsoever, direct or indirect or consequential, for noncompliance with the laws of any country other than that of India, the mere fact that Web App can be accessed or used or any facility can be availed of in a country other than India will not imply that the Company accedes to the laws of such country.
PRIVACY POLICY
Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors.
Cookies and Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us.
The Parties agree, at all times during the term of this agreement and thereafter, to hold in strictest confidence, and not to use or to disclose to any person, firm or corporation without written authorization of the other party, any Confidential Information of the Company.
6.1 “Confidential Information” means any information disclosed by either Party to the other, whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information includes, but is not limited to, all product designs, capabilities, specifications, drawings, program code, mask work designs, models, documentation, components, software (in various stages of development), test and development boards, hardware reference code and platforms, architectures, agreement terms, financial and pricing information, business and marketing plans, nurses’ details/information, actual and potential customers and suppliers, information regarding the skills and compensation of employees of the Parties, all information relating to the patients of Company, including their personal and medical information and records, the Services and other similar information that is proprietary to the Parties. Confidential Information shall not include any information that: (a) was in lawful possession of a Party prior to the disclosure, as clearly and convincingly corroborated by written records, and had not been obtained by such Party either directly or indirectly from the other Party; (b) is lawfully disclosed to a Party by a third party without actual, implied or intended restriction on disclosure through the chain of possession, or (c) is independently developed by a Party without use of or access to the Confidential Information, as clearly and convincingly corroborated by written records.
6.2 Each Party shall keep confidential all Confidential Information, disclosed orally or in writing or in any electronic form, transmitted to it or made available to it by the disclosing Party during the Term of this Agreement and shall not disclose, divulge, misuse, exploit or pass such Confidential Information on, wholly or partly, to third parties without the express written consent of the disclosing Party. The recipient Party hereby further agrees that it shall not disclose or use in any way, other than in the course of its obligations under this Agreement, Confidential Information to any third parties. The recipient Party will disclose Confidential Information only to its employees, representatives, agents, consultants, officers or, in the case of the Vendor – its nurses, on a need-to-know basis for the performance of its obligations under this Agreement, provided such employees, representatives, agents, consultants, officers or, in the case of the Vendor – its nurses shall have entered into confidentiality agreements and having obligations of confidentiality as strict as those herein prior to the disclosure to such employees, representatives, agents, consultants, officers or, in the case of the Vendor – its nurses and shall cause the employees, representatives, agents, consultants, officers or, in the case of the Vendor – its nurses to adhere to said confidentiality obligations. The recipient Party shall not, and shall not authorize others to, remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Confidential Information. The recipient Party will promptly upon discovery of any loss or unauthorized use or disclosure of Confidential Information notify the disclosing Party in writing and take all necessary steps to mitigate the loss or unauthorized use or disclosure of Confidential Information. The foregoing prohibition on disclosure of Confidential Information shall not apply to the extent certain Confidential Information is required to be disclosed by the recipient Party as a matter of law or by order of a court, provided that prior written notice of such obligation to disclose and reasonably assists in obtaining a protective order. Upon termination of this Agreement or earlier as requested by the disclosing Party, the recipient Party shall deliver to the disclosing Party any and all materials, documents or other media (whether maintained electronically or otherwise) containing Confidential Information, together with all copies thereof in whatever form. The recipient Party shall notify the disclosing Party in writing immediately and no later than within 24 (twenty-four) hours of any breach or suspected breach of the recipient Party’s confidentiality obligations hereunder.