Terms of Use

TheSilverLining.co.in (hereafter referred to as “Website”) is an online platform which is owned and operated by The Silver Lining (hereafter referred to as the “Company”). The Website is a platform for users to engage with professionals/experts in the field of personal well-being, and/or holistic living, and/or meta-physical sciences, and/or spiritual practices (hereafter referred to as “Experts”). Terms and Conditions for the Use of the Website.

There are certain terms and conditions that govern the use of this Website. The “user” shall mean or include the user himself and/or any person authorized to use the Website on his/her behalf. Please read the terms and conditions of this Website carefully before accessing and/or using this Website.   By accessing this Website, the user is accepting to be bound by the terms and conditions of its use. The terms and conditions of use for this Website are subject to change and/or modifications by the Company at any time at its discretion and the website will have no obligation to inform the user about the change or modifications. The use of this Website after such changes/modifications in the terms and conditions are implemented constitutes acknowledgment and acceptance by the user of its changed and/or modified terms and conditions.

Accessing the Website
The user agrees that he/she will use this Website for purposes which are in accordance with the laws prevalent in India. The user further agrees he/she will not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The user agrees that he/she will not use the Website in any manner that may compromise or put in danger the security of the Website, render the Website inaccessible to other users or otherwise cause damage/harm to the Website or to its content. The user will not change and/or modify the content of the Website nor use the Website in a manner which will affect or interfere with the rights of third parties. All information provided by the user for the purpose of registration shall be accurate, correct, current and complete. If the Company believes that the information provided by the user is false and/or misleading, the Company shall be well within its rights to refuse the user access to the Website and/or to any of it resources, information etc for a temporary or permanent period.

Restrictions on the use of the Website
This Website is solely for personal use of the user. The user shall not use this Website for any other purpose, including any commercial purpose. The user shall not (i) co-brand this Website, or (ii) frame this Website, or (iii) hyper-link to this Website, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner so that an association may or is likely to be created by the user that such third party has been given the right by the Company to display, publish, or distribute such content on this Website.

Intellectual Property Rights
 
The Website displays various content  including text, films, photographs and other images and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights on this Website belong to and are owned by the Company. The Company retains all rights, title and interest in the content displayed on the Website unless otherwise specifically stated.
Therefore the content available on the Website shall not be copied, distributed, republished, uploaded, posted, circulated  or transmitted in any way without the prior written consent of Company, or unless authorized in writing by the Company or unless specifically stated.
The Company and Website respects the intellectual property of others, and expect the user to do the same. The Website shall acknowledge the intellectual property rights of third parties on content created by such third parties. The user shall not infringe the intellectual property rights including the copyright of such third party which is displayed on the Website and in case the user infringes such intellectual property rights of third parties, he/she will indemnify the Company for any loss, damage that may arise by way of  proceedings, civil and/or criminal that may be filed against it as a result of the user’s use of the Website or infringement of a third party’s intellectual property rights or for any loss or damage to the Company that may arise by such infringement.

Hyper-links

The Website may contain hyper links to other websites which are not maintained by, or related to, the Company. However the Company does not endorse or recommend such Website or the content and the Company is not responsible or liable for the websites or content therein.


Age

No person below the age of 15 is permitted access to this Website or to register on this Website. The Company however shall not be held liable and/or responsible if it is found that a person below the age of 15 has been using the Website. The Company is not responsible or liable for the user’s use of the internet nor for any problems, viruses etc that may occur while using the Website or on the downloading of any content from this Website.  

Fees & Charges
Due to the nature of the services offered, wherein basis your booking of a service or enrollment of seat in a course, the respective slot is duly reserved for you and not made available for another seeker to purchase, we do not offer any cancellation or refunds

General Representation and Warranty
The user will use this Website strictly in accordance with the terms and conditions displayed on this Website and in accordance all applicable laws of country from where the user is accessing this Website. 

Indemnification

The user agrees to indemnify and hold harmless the Company and subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors from and against any and all claims and expenses, loss and damage, proceedings, civil and/or criminal, including advocate’s’ fees, arising out of the user’s use or unauthorized use of the Website, including but not limited to the violation of the terms and conditions of this Agreement herein. The user shall also indemnify the Company and the aforementioned persons from and against any claims, civil and/ or criminal brought by third parties arising out of the user’s use of the information accessed from this Website. The user also agrees to hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.  

Breach of Terms and Conditions
Without prejudice to the Company’s other rights available under applicable law, if the user breaches any terms or conditions of the Agreement herein, the Company will be well within its right to take such action as it deems appropriate to deal with the breach, including but not limited to suspending or prohibiting the user’s access to the Website, blocking computers using his/her IP address from accessing the Website and/or bringing civil and/or criminal proceedings against the user.  

Jurisdiction
By agreeing to the terms and conditions of this Website, the user agrees that any dispute arising out of or relating to the Website shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Delhi.

Disclaimer

The Company makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website or to the service or the content displayed on the Website. The Company also expressly disclaims all warranties/guarantees with respect to the service provided by the Experts in the field of personal well-being, and/or holistic living, and/or meta-physical sciences, and/or spiritual practices. The Company does not warrant the accuracy or completeness of the content including the content relating to the Experts. The Company and Website make no representation or warranty whatsoever as to the willingness or ability of any Expert to give advice, or as to whether the user shall find the advice given by an Expert to his or her satisfaction or whether the Expert will provide any solution to his/her problem or whether the Expert is in a position to deal with the problems of the user. The Company and the Website do not recommend any specific Expert or professional and the user is advised to check the credentials of the Expert him/herself if in doubt before using the services of the Experts as the Company will not liable or responsible for any acts of omission or commission by the Expert/s. The Website is merely a platform to provide access to the Experts and the users to connect and/ or interact with each other. It may be noted that the Experts named on the website are not employees nor agents of the Company. A user is free to openly interact and share their concerns/queries/questions with either a specific expert or on a public level (if interested in seeking advice from multiple sources – other users and/or experts). A user is encouraged to be frank and open, however, at any point of time if the content posted by a user is at all abusive, offensive, obscene or harmful in any way, that content shall be instantly removed from the Website and that user’s account can be suspended without notice.

Security

The user as well as expert shall be responsible for the security of their individual passwords however if the Company considers the password to be insecure then the Company will be entitled to require a change in the password.   

END-USER ACCOUNT AND DATA PRIVACY
1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

2 .The Silver Lining may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of The Silver Lining’s services and to build new services.

3. The Website allows The Silver Lining to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Experts and their practice.

4. The Privacy Policy sets out: i. The type of information collected from Users, including sensitive personal data or information; ii. The purpose, means and modes of usage of such information; iii. How and to whom The Silver Lining will disclose such information; and, iv. Other information mandated by the SPI Rules.

5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of: i. the fact that certain information is being collected; ii. the purpose for which the information is being collected; iii. the intended recipients of the information; iv. the nature of collection and retention of the information; and v. the various rights available to such Users in respect of such information.


6. The Silver Lining shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to The Silver Lining or to any other person acting on behalf of The Silver Lining.

7. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify The Silver Lining of any actual or suspected unauthorized use of the User’s account or password. Although The Silver Lining will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Silver Lining or others due to such unauthorized use. 

8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Silver Lining has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Silver Lining has the right to discontinue the Services to the User at its sole discretion.

9 The Silver Lining may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

10 RANKING ALGORITHM The Silver Lining’s ranking algorithm for the Experts is a fully automated and these listings of Experts do not represent any fixed objective ranking or endorsement by The Silver Lining. The ranking is based on the factors such as the frequency of responses by an expert, the number of contributions made by an expert to further enhance the platform etc. and in no way does the ranking endorse any one particular expert.
 
The Silver Lining will not be liable for any change in the ranking of the Experts, which may take place from time to time. The listing of Experts will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. The Silver Lining in no event will be held responsible for the accuracy and the relevancy of the listing order of the Experts on the Website.


11 LISTING CONTENT AND DISSEMINATING INFORMATION
11.1 The Silver Lining collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Experts listed on the Website, such as their specialisation, qualification, fees, location, working hours, and similar details. The Silver Lining takes reasonable efforts to ensure that such information is updated at frequent intervals. Although The Silver Lining screens and vets the information and photos submitted by the Experts, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

11.2 The Services provided by The Silver Lining or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Silver Lining does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. The Silver Lining does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, The Silver Lining disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by The Silver Lining or any User in relation to any User or services provided by such User.

11.3 The Website may be linked to the website of third parties, affiliates and business partners. The Silver Lining has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that The Silver Lining endorses the linked site. User may use the links and these services at User’s own risk.

11.4 The Silver Lining assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

11.5 If The Silver Lining determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, The Silver Lining reserves the right to immediately suspend your access to the Website or any of your accounts with The Silver Lining and makes such declaration on the website alongside your name/your center’s name as determined by The Silver Lining for the protection of its business and in the interests of Users. You shall be liable to indemnify The Silver Lining for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected The Silver Lining or its Users.

12 APPOINTMENT BOOKING AND INTERACTION WITH EXPERTS
12.1 While The Silver Lining will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, The Silver Lining does not guarantee that a patient will get a confirmed appointment. Further, The Silver Lining has no liability if such appointment is confirmed but later cancelled by Practices or Experts, or the Experts are not available as per the given appointment time. 


12.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold The Silver Lining responsible for any such interactions and associated issues. For avoidance of doubt, The Silver Lining is not involved in providing any well-being advice or diagnosis and hence is not responsible for any outcome between you and the Expert you interact with, pursuant to any interactions on the Website. If you decide to engage with an Expert, you do so at your own risk. The results of any search you perform on the Website for Experts should not be construed as an endorsement by The Silver Lining of any such particular Expert. The Silver Lining shall not be responsible for any breach of service or service deficiency by any Expert. We cannot assure nor guarantee the ability or intent of the Expert(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting an Expert.

12.3 Without prejudice to the generality of the above, The Silver Lining will not be liable for:
i. any wrong treatment quality being given by the Expert(s), or any negligence on part of the Expert(s);
ii. any type of inconvenience suffered by the User due to a failure on the part of the Expert to provide agreed services or to make himself/herself available at the appointed time, no show by the Expert, inappropriate treatment, or similar difficulties;
iii. any misconduct or inappropriate behaviour by the Expert or the Expert’s staff;
iv. cancellation or rescheduling of booked appointment or any variance in the fees charged;
v. any medical eventualities that might occur subsequent to using the services of the Expert, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.


12.4 Further, The Silver Lining shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at The Silver Lining’s sole discretion and may be modified or withdrawn at its sole discretion. The Silver Lining may moderate such feedback at any time. The Silver Lining shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Expert from the Website.

13 NO EXPERT – END USER RELATIONSHIP; NOT FOR EMERGENCY USE
13.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in either the personal growth, personal well-being, alternate therapies, or spiritual sciences profession. The provision of such Information does not create a licensed professional/patient relationship, between The Silver Lining and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate well-being care from a qualified Expert.

13.2 It is hereby expressly clarified that, the Information that you obtain or receive from The Silver Lining, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, Expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

13.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

14 CONTENT OWNERSHIP AND COPYRIGHT; CONDITIONS OF ACCESS
14.1 The contents listed on the Website are (i) User generated content, or (ii) belong to The Silver Lining. The information that is collected by The Silver Lining directly or indirectly from the End-Users and the Experts shall belong to The Silver Lining. Copying of the copyrighted content published by The Silver Lining on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and The Silver Lining reserves its rights under applicable law accordingly.

14.2 The Silver Lining authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "The Silver Lining Content"), are the property of The Silver Lining and are protected under copyright, trademark and other laws. User shall not modify the The Silver Lining Content or reproduce, display, publicly perform, distribute, or otherwise use the The Silver Lining Content in any way for any public or commercial purpose or for personal gain.

14.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

15 REVIEWS AND FEEDBACK
By using this Website, you agree that any information shared by you with The Silver Lining or with any Expert will be subject to our Privacy Policy. The Silver Lining at its discretion, may or may not display your reviews and feedback. You agree that The Silver Lining may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or The Silver Lining’s services; and/or
ii. Obtaining feedback in relation to any Experts listed on the Website.


16 RIGHTS AND OBLIGATIONS RELATING TO CONTENT
16.1 As mandated by Regulation 3(2) of the IG Rules, The Silver Lining hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.


16.2 The User is also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any of The Silver Lining Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by The Silver Lining;
iii. intentionally submitting on the Website any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users; 
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; vii. copying or duplicating in any manner any of The Silver Lining Content or other information available from the Website;
viii. framing or hot linking or deep linking any The Silver Lining Content.


16.3 The Silver Lining, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of this Paragraph 6. The Silver Lining shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

16.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, The Silver Lining has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information from the Website.

TERMS OF USE: EXPERTS
The terms in this paragraph are applicable specifically to Experts.
1 LISTING POLICY
1.1 The Silver Lining, directly and indirectly, collects information regarding the Experts’ profiles, contact details, and practice. The Silver Lining reserves the right to take down any Expert’s profile as well as the right to display the profile of the Experts, with or without notice to the concerned Expert. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform The Silver Lining immediately to enable The Silver Lining to make the necessary amendments.

1.2 The Silver Lining reserves the right to moderate the suggestions made by the Experts through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website.

1.3 You as an Expert hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and The Silver Lining accepts no liability for the same.

2 PROFILE OWNERSHIP AND EDITING RIGHTS The Silver Lining provides the Experts with a tool to update their profile information. The Silver Lining reserves the right of ownership of all the Expert’s profiles and photographs and to moderate the changes or updates made by the Experts. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using The Silver Lining’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, The Silver Lining may modify or delete parts of your profile information at its sole discretion [with / without] notice to you.

3 REVIEWS, FEEDBACK, AND DISPLAY RIGHTS OF THE SILVER LINING
3.1 All feedbacks, ratings and reviews (“Critical Content”) is content created by the Users of www.TheSilverLining.co.in (“Website”) and the clients of The Silver Lining customers including the End-Users. As a platform, The Silver Lining does not take responsibility for Critical Content.

3.2 The Silver Lining reserves the right but shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service.

3.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you may use the Service at your own risk.

3.4 The Silver Lining will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

3.5 If The Silver Lining determines that you have provided inaccurate information or fraudulent feedback, The Silver Lining reserves the right to immediately suspend any of your accounts with The Silver Lining and makes such declaration on the website alongside your name as determined by The Silver Lining for the protection of its business and in the interests of Users. You shall be liable to indemnify The Silver Lining for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected The Silver Lining or its Users.

4 RANKING ALGORITHM The Silver Lining has designed the ranking algorithm in the best interest of the End User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Experts. The Silver Lining shall not be liable for any effect on the Expert’s business interests due to the rank of the doctor in the Ranking Algorithm.

5. TERMINATION
5.1 The Silver Lining reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where, i. Such User breaches any terms and conditions of the Agreement; ii. A third party reports violation of any of its right as a result of your use of the Services iii. The Silver Lining is unable to verify or authenticate any information provide to The Silver Lining by a User; iv. The Silver Lining has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or v. The Silver Lining believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for The Silver Lining or are contrary to the interests of the Website.

5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.


Complaints Procedure


Should the user have a question or complaint about the Website, he/she may contact the web Administrator at: [email protected]/* <![CDATA[ */!function(t,e,r,n,c,a,p){try{t=document.currentScript||function(){for(t=document.getElementsByTagName('script'),e=t.length;e--;)if(t[e].getAttribute('data-cfhash'))return t[e]}();if(t&&(c=t.previousSibling)){p=t.parentNode;if(a=c.getAttribute('data-cfemail')){for(e='',r='0x'+a.substr(0,2)|0,n=2;a.length-n;n+=2)e+='%'+('0'+('0x'+a.substr(n,2)^r).toString(16)).slice(-2);p.replaceChild(document.createTextNode(decodeURIComponent(e)),c)}p.removeChild(t)}}catch(u){}}()/* ]]> */






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