The following terms constitute an agreement between you and Health4Silvers, Inc. and Health4Silvers Pvt Ltd. (collectively, “Health4Silvers”), the operator of the site (“we”). The following terms and conditions of use (“Terms”, “Terms of use”, “Agreement”) govern your use of “https://www.health4silvers.com/” (“Website”, “Site”). These terms form an agreement between you (“user”, “I”) and us. By using the Website, you agree to be bound by all the terms and conditions contained hereunder.

Health4Silvers is a health care service aggregator and provides concierge services for health care requirements of its members, who are residing in India. The website could also enable the members and/or the member representatives to create an account for the purpose of paying membership dues, cancel membership, print payment receipt, contact customer service, provide member’s demographic information, brief medical history for the member and member’s primary care physician information. The website will also provide information about communication tools.

People who reside globally can buy memberships for themselves; however, our services will be provided ONLY in India through our partners, who are third party service providers. Health4Silvers does not provide any service outside India. Moreover, Health4Silvers will provide services only in the cities in India mentioned in the website.

Health4Silvers.com will allow members or their representatives to purchase membership for the members. In the event a representative buys membership for someone else, they should understand that they are just representing the member residing in India, to buy the membership and that the representatives are not entitled to receive any services. There will be a health manager assigned to each patient and they will coordinate most of the healthcare and wellness services offered by our third-party service providers.

This Worldwide Website with its home page in the domain “www.health4silvers.com” provides complimentary information and a description of the services provided by Health4Silvers to their contracted clients. This 2 Website does not provide or contain medical advice, diagnosis, or treatment. The contents of this Website, including text, graphics, images, information, and other materials contained on this Website regardless of the originating source (collectively, “Content”) is for informational purposes only. This Website (including its Content) is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, other qualified health provider or expert with any questions you may have regarding a medical condition, health care options and health-related services. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

This Website describes concierge services provided by Health4Silvers and the services which are provided by the third-party health care service providers to their contracted members and not to the general public. The content of this Website is not intended to serve as an offer or commitment to provide medical care or services on terms other than those set forth in the contracts between Health4Silvers and its members.

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. While minors are not allowed to register with our website, in the event that a minor is to use the service, it is permitted only under the supervision of a guardian.

The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.

We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We may deny you access to the services of this website based on your location.

The Website is owned and provided by us. You are granted a limited, revocable, non-transferable, non-exclusive license to use the Website on computers, smart phones or other mobile devices that you own or control. We can terminate this license at any time and with or without any reason.

The Website's layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website ("Content") contained in the Website are proprietary to us, our affiliates and/or third-party licensors.

The Content is protected by copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content. Any use of this Website 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 explicit permission of us.

In order to use the Website, you must register for an account with us ("Account"). If you don’t already have credentials to use with the service, we will direct you to Account sign-up to get credentials before you sign up for the service. A health practitioner must also sign up for an Account before he can access the records that he is authorized to view.

You represent and warrant that the registration and any Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs in the Website through your Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security related to the Website.

To access the service by means of a mobile data connection on a portable device, you will need a data access plan from your mobile operator. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, and browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for any fees or costs that you incur to access the services through any wireless or other communication service.

Programs and devices that connect with our Service are provided by third parties. We do not operate, control or supply any information, product or service that is not clearly identified as supplied by us. Your use of those programs and devices is solely between you and the third party. Your use of them is governed by those programs' separate terms of use and privacy statements. The programs’ terms do not apply to the service or to your legal relationship with us. Nothing in any third-party terms increases our liability or changes your relationship with us. Certain programs may not be available to all users. Please review the terms and privacy statements provided with third-party programs. Be aware that they affect how you share your personal information when using that third-party program.

The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. The user shall always seek the advice of a physician, within the user’s jurisdiction, with any questions regarding a legal, medical or financial condition. Never disregard professional medical advice or delay in seeking it because of information provided through the Site. The information made available on this Website changes rapidly and therefore, some of the information may be out of date. You agree to bear all risks associated with the use of or reliance on any such information, and release and hold us harmless from any claim that may arise in connection with your reliance on information contained in this Website.

You authorize us to communicate with you via email, text messaging service, telephone calls and other means which we deem necessary. You may also receive communication from us regarding the service, or promotional offers.

When you visit our Partner laboratory, you authorize us to notify you on the availability of your records on this website or a mobile app via email, Text messaging service, calls and other means which we deem necessary.

As a condition of your continued access to and use of the Website, you agree to abide by all applicable laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following "Code of Conduct," may result in the termination of your Account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:

1. license, sell, rent, lease, transfer, assign, distribute, host or otherwisecommercially exploit the Website;
2. modify, translate, adapt, merge, make derivative works of, disassemble,decompile or reverse engineer any part of the Website;
3. make, transmit or store electronic copies of materials protected by copyright without the permission of the owner.
4. access or use the Website in order to build a similar or competitive product or service;
5. remove or destroy any copyright notices or other proprietary markings contained in the Website;
6. use the Website to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
7. disrupt, disable, overly burden, impair or otherwise interfere with the operation of the Website or the servers or networks connected to the Website, or violate the regulations, policies or procedures of such servers and networks;
8. attempt to gain unauthorized access to the Website or other computer systems or networks connected to the Website, through password mining or any other means;
9. use the Website to harvest or otherwise collect or store any information for purposes other than those designed and implemented by us.
10. copy, share, post, modify, license, sublicense, distribute, publish,broadcast, transmit, perform, display, sell or disseminate any portion of this Website, except in accordance with these Terms of Use;
11. interfere with another User's use and enjoyment of the Website;
12. impersonate any person or entity;
13. falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your website, your business or any statement you make, or present false information about the Website; or
14. use the Website to upload or share any content that:
    1. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
    2. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
    3. is unlawful, harmful, threatening, blasphemous, abusive, harassing,tortious, defamatory, vulgar, obscene, pedophilic , pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically,relating or encouraging money laundering or gambling, or otherwise objectionable;
    4. constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" 7 or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
    5. violates any law, regulation or contractual obligations.
    6. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
    7. Encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

We reserve the right (but have no obligation) to review any content that you upload to the Website. We may remove any content that violates the Code of Conduct, and suspend or terminate your Account at any time for any reason in our sole discretion with or without notice to you.

If any complaint is received against a user to the effect he/she has used the Website for the above purposes, then upon receiving such complaint we will delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by us before they are posted to the Website. We reserve the right to terminate the account in question. We also reserve the right to initiate legal action against you.

You are prohibited from violating or attempting to violate the security of the Website by:
1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;
4. sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

While we have taken these measures to ensure compliance with the Information Technology Act, 2000 with regards to website security, we are not responsible for the corruption, theft, deletion or any tampering of your data by hackers.

We don't claim ownership of the content and records that you provide on the service. Your content remains your content. We also don't control, verify or endorse the content that you and others make available on the service.

You control who may access your content. If you share content in your records, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, they can use, reproduce, distribute, display, transmit and communicate to the public the content. If you don't want others to have that ability, don't use the service to share your content.

A healthcare practitioner may only view those records and results that you have authorized him to view.

If you share content on the service in a way that infringes others' rights, including privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We may remove your content from the service at any time if you breach this contract.

You're responsible for backing up the data that you store on the service. If your service is cancelled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is cancelled. If data is stored with an expiry date, we may also delete the data as of that date. Deleted data may be irretrievable.

The service is intended for personal health records. It does not hold records for healthcare providers or other medical or case management purposes. If a healthcare provider decides to include any data made available from our service in its records, it should store a copy in its own system.

You explicitly consent to the use of the personal health information that you provide via the service, including storing, processing and disclosing the data in accordance with this contract and our privacy policy.

You confirm that you have the legal authority to consent to us processing all health information that you provide and that you obtained the explicit consent of all other persons whose health data you provide.

We consider your use of the service to be private. However, we may access, disclose or preserve information associated with your use of the service, including (without limitation) your personal information and content, or information that we acquire about you through your use of the services (including IP address and third-party information) when we form a good-faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; or (b) to enforce this contract or protect the rights or property of us or our customers.

The service is a private computer network that we operate for the Company’s and our customers’ benefit. We retain the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or prevent your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine.

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part or function thereof) with or without notice if a computer virus, bug, or other technical problem corrupts the security, or for proper administration of the service. You also agree to notify us immediately on discovering any computer virus, bug, or other technical problem which may corrupt the security or hamper normal functionality of the Website.

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through the Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for any service already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Any medical records or data that is forwarded by a partner laboratory is not checked by us for quality or correctness. We only facilitate the viewing of the results online. The results are provided on an “as is” basis. If you have any issues with the correctness of the records, please contact the laboratory where you have undergone the test. We are not responsible for any error on the part of our partner laboratories.

We provide the service "as-is", "with all faults" and "as available". The entire risk as to the quality and performance of the service and software is with you. Should the service or software prove defective, you assume the entire cost of all necessary servicing or repair. We don't guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that the service will be uninterrupted, timely, secure or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, and fitness for a particular purpose, workmanlike effort and non-infringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

Third-party programs and devices that connect with the Service are not endorsed or warranted by us. Product descriptions are by their manufacturers and provided for informational purposes only. This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness programme. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.

If you have any basis for recovering damages from us or our affiliates and vendors, you can recover only direct damages up to the subscription fee that you may have paid. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

The limitations and exclusions apply to anything related to this contract, such as loss of data; third-party content, programs or conduct; viruses that affect your use of the service; incompatibility between the service and other services, software and hardware; delays or failures you may have in starting or completing transmissions; and claims for breach of contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict liability for death or personal injury arising from our negligence, fraud or our gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province or country does not allow the exclusion or limitation of incidental, consequential or other damages.

You agree to indemnify the Company, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Website or anyone using your Account, or any alleged violation by you or anyone using your Account of these Terms of Use, including, without limitation, the Code of Conduct.

In particular, you agree to indemnify the Company, its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information your obtain through the Website. This Website is not a substitute for professional medical advice, and provides only general medical information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any particular health issues you encounter.

An “event of Force Majeure” means an event beyond the control of either of the parties to this agreement, including but not limited to:

1. act of God (such as, but not limited to, fires, explosions, earthquakes,drought, tidal waves and floods);
2. war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
3. rebellion, revolution, insurrection, or military or usurped power, or civil war;
4. contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
5. riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of a supplier or of his subcontractors; or
6. acts or threats of terrorism;
7. discontinuation of electricity supply;
8. withdrawal of donor from the programme;
9. Other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.

CONSEQUENCE OF FORCE MAJEURE EVENTS

We shall not be considered in breach of this agreement to the extent that performances of our obligations are impeded by such an event of force majeure.

We may allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website's provider, or the information on the website. We encourage you to read the privacy policies of that website. The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner.

We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.

We continuously work to improve the service and may change the service at any time. Additionally, there are reasons why we may stop providing portions of the service, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed or external issues arise that make it imprudent or impractical to continue. If your service is cancelled, your right to use the service stops immediately. Your ability to access and use some third-party programs may also stop straight away.

You may cancel the service at any time and for any reason.

All parts of this contract apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. You agree that this contract shall be governed by the laws of the Republic of India.

This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service.

We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.

You may notify us as stated in the customer support or "help" area for the service. We may send you, in electronic form, information about the service, additional information and information that the law requires us to provide. You consent to us providing you required information by email at the email address that you specified when you signed up for your service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service.

We hope that any dispute will be resolved amicably by the parties. Failing which, the dispute will be subject to arbitration in Bangalore in English under relevant provisions of the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Bangalore.

To the extent permitted by law, any claim or dispute relating to this contract or the service or software must be filed within one year in court or arbitration centre, which have been mentioned in this section. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

If any provision(s) of this Agreement is/are found to be invalid by a court of competent jurisdiction, then the remainder of the document will continue to hold force.

Please refer to our IPR policy. You and we agree to abide by that policy.

We reserve the right to change the terms and conditions of this Agreement from time to time without any obligation to inform you. You understand that the terms may be revised from time to time, and you understand and agree that you are bound by any changed terms whenever you access the Website.

If you have any queries about the terms and conditions of this Agreement or have any complaints, comments on or about the website, please email us at the email address contact@health4silvers.com or call us at +91 90196 66873.