Through this website (“Website”), MediQ Health Service (Asia) Limited as well as all its affiliates (collectively “MediQ”, “Company”, or “we”) provides you with an online platform (“Platform”) through which you can browse and request to make reservations with healthcare and medical services of third-party suppliers (“Suppliers”), which include healthcare institutions, registered medical practitioners and other healthcare professionals (“Services”). Please read these Terms of Use carefully before accessing or using any part of this Platform and/or request for any Services provided by the Suppliers. By accessing this Website and/or persons for whom you make an order of the Services, you will be deemed a user under MediQ (“User”) and you have read, understood and agree to be bound by these Terms of Use and any changes and/or amendments made to these Terms of Use from time to time. Please read these Terms of Use carefully and we reserve the final right to interpret these Terms of Use.

These Terms of Use incorporate various policies, including but not limited to those listed below. The policies may apply to specific Services or programs offered by MediQ. Privacy Policy, Price Guarantee, Money Back Guarantee, User Reviews Guidelines, FAQs

This Platform may also host special events, such as competitions and/or other sales activities. These events may be subject to extra terms and conditions, regulations and/or policies in addition to these Terms of Use. Alternatively, the terms and conditions, regulations and/or policies may replace any part of these Terms of Use. By participating or making reservations for such events, you will be deemed that you have agreed to be bound by the extra or replaced terms and conditions, regulations and/or policies.

Caution:

• This Platform or Services are not suitable for any urgent, emergent, or critical medical conditions. If you need medical advice or treatment, please contact the emergency services immediately.
• Any or more parts of this Platform are only available to Users from [Hong Kong]. If you are currently at any place other than aforementioned place, and/or have any doubt about our Platform, please do not access or use any part of this Platform or make an order of the Services.

Registration to be a MediQ User is free upon filling in the required information on this Website, agreeing to these Terms of Use, and verifying the applicant’s mobile number. We will send an email to the User’s registered email address after a successful registration.

You:

• In order to use our Platform or order Services, you must register to be a User on this Platform. By registering to be a User, you unconditionally and irrevocably represent and warrant that you are aged 18 or over (and we have the right to rely on such declarations accordingly) and have the ability to constitute a legally binding agreement.
• The Services described on our Platform are for your personal use only. You are prohibited to sell or resell any Services ordered from this Platform or obtained Services in other ways. If we suspect that you may or have violated these Terms of Use at our sole discretion, we reserve the right to cancel your membership as the User and/or cancel or reduce the number of any Services provided to you with or without notice. You should also note that if you use or order the Services provided by this Platform, you may be subject to additional terms and conditions. Regarding these additional terms and conditions, we will notify you separately when you order the relevant Services.
• In light of your use of our Platform and/or ordering of the Services, you hereby agree that:
  • Will provide true, accurate, complete and current information about yourself as required for registration with MediQ to be a User, making payment of any charges, requesting to make reservations, using this Platform and responding to our requests for the purpose of providing Services to you, including but not limited to information about your body and health condition (“User Data”);
  • Will maintain and immediately update the User Data you have submitted to MediQ if there is any change to the User Data and keep it true, accurate, complete and current;
  • Will not provide any User Data that is untrue, inaccurate, incomplete or not current. If there is reasonable suspicion that any User Data, information and material are untrue, inaccurate, outdated or incomplete, we shall have the right to suspend or restrict the User’s access to Platform and refuse any and all current or future use of Platform at our sole absolute discretion with or without notice;
  • Will safeguard your login details and password and ensure that they are not disclosed or provided to any other party or person.
  • Are only authorised to use Platform for your own personal and non-commercial use;
  • Will only register once with MediQ unless you are registering for a dependent or a person in your care;
  • Commit you are the person registering and are not presenting yourself as someone else or acting as an agent for someone else;
  • If you have any of the diseases or is in one of the abnormal physical conditions or symptoms, you must consult professional medical practitioners before ordering Services provided on this Platform, participating or using the Services, so as to ensure the Services you have ordered or wish to order will not affect your physical condition;
  • If you or the relevant Suppliers find yourself to be in an abnormal condition when receiving the Service provided by the relevant Suppliers, you shall inform the relevant Suppliers immediately, and the Suppliers are entitled to take appropriate measures upon your consent or cancel the Services. Disregarding the reason causing such abnormality, we shall not be liable, and you shall bear all relevant expenses for the measures taken by us;
  • All the risks, rights and interests in connection with the Services through the Suppliers shall be transferred to you upon the confirmation of order of Services; and
  • Agree that we may suspend or terminate your User registration at any time at our sole discretion without any compensation or refund of any service fees paid if you are in breach of any provision in these Terms of Use.

You are aged 18 years or above and capable of forming a legally binding contract.

Any required time for confirmation as stated on the Platform is solely for reference only. The actual time required for confirmation may vary.

The Platform system will send a notification to the mobile number and/or email address registered by the User to confirm that we have received your order. This communication will not be our acceptance of your order on behalf of the Suppliers. You may track your order status on this Website.

MediQ is not the supplier of the Services. We are solely responsible for managing and administering the Platform, arranging order processing and fulfilment of the reservations you ordered from the Suppliers through this Website.

The Suppliers are solely responsible for accepting or rejecting any Services of your order and providing and performing services related to all such Services. Please consult with the Suppliers if you have any enquiries in respect of the Services.

Our acceptance of your order only covers the Services mentioned in it and may not cover all the Services you ordered. If this is the case, your order for the remaining Services will only be accepted when we send a further acceptance of that part of your order.

Whilst the Suppliers are required to provide MediQ with accurate and updated prices of the Services on the Platform, MediQ cannot guarantee that Services are accurate and updated at all times. MediQ reserves the right to deny and cancel any orders for any reasons with or without notice, including without limitation:

• No Services can be arranged you have ordered; and
• The Services you ordered was listed with incorrect information (e.g. in terms of price, conditions, points) due to a human or computer error or an error in the information provided by the Suppliers. If your booking is affected by an error, MediQ will notify you by the email address you provided when you made the booking and will adjust the booking or award points as appropriate and will, if relevant, refund some or all of the amounts charged.

You must use Services on or by the expiry date, appear in person at the service location designated by the relevant Suppliers on time and provide the documents, information and/or a valid identification document (such as a Hong Kong Identity Card, Birth Certificate or Passport) required by the Suppliers for verification. If you do not use the Services within the deadline, fail to appear on time, or fail to provide the required documents or information, no refunds will be granted.

We accept payment methods including VISA, MasterCard, American Express, UnionPay, AlipayHK, WeChat Pay, FPS, PayPal, PayMe and bank transfers. All orders will be charged in Hong Kong Dollars.

We will use all reasonable commercial endeavours to display accurate and up-to-date prices on this Website. As prices are often subject to being updated to us by the Suppliers, we cannot state the definite price until we send you the acceptance of your order.

For a variety of reasons, Payment on the Website may not be successful. In this case, we will offer you alternatives, if available, to ensure that your reservation can go smoothly. If you have any questions, please contact our Customer Service Center.

If the price at the time we are ready to send our acceptance of your order is higher than the price at the time you placed your order, then we will either cancel your order or contact you to inquire if you wish to pay a higher price or cancel your order.

You agree and accept that we will not be obliged to offer any compensation for the disappointment suffered by your order being cancelled. However, if you have already made the payment, we will refund the paid amount to your credit card or the relevant payment account, which you used to settle the payment.

We reserve the right to change the prices and charges at any time, which may be sent by email or posted on this Website. If you use or continue to use the Services after notice of such changes is issued, that constitutes your acceptance of any new or revised fees or charges.

Unless otherwise specified, all your payments to the Company are non-refundable under any circumstances. Please read the contents and policies of the service page carefully before you place an order.

If the Services you ordered are marked with a Money Back Guarantee, please click here for relevant refund details.

If we have approved your refund request for the relevant Services you ordered in accordance with the Money Back Guarantee, we have the right to deduct any administrative fees before making a refund to you.

For the avoidance of doubt, if the promo code or e-coupon has been used at the time of ordering, even if you apply for a cancellation or refund, such promo code or e-coupon will not be returned or refunded under any circumstances.

We may offer promotional rates, promo codes, e-coupons, discounts and special offers (“Promotional Offers”) from time to time. Unless expressly stated otherwise, Promotional Offers may not be combined and are subject to relevant terms and conditions.

Promo codes and e-coupons

• Promo codes and e-coupons offered by us are only applicable for one-time purchases on this Website. You must use a valid promo code or e-coupon on the payment page to apply them to your order;
• The promo codes and e-coupons may not be applicable to certain services or offers;
• Unless otherwise stated, promo codes and e-coupons are non-transferable, non-cumulative, and cannot be redeemed or converted for cash, points, other products or Services;
• In case of booking cancellation, the promo code and/or e-coupon used on that order will be forfeited and cannot be returned or compensated. The promo code and e-coupon do not have any cash and refund value;
• We reserve the right to stop you from using promo codes or e-coupons if the Users are deemed to have misused the promo codes or e-coupons;
• We reserve the right to change the terms without prior notice; and
• In case of any dispute, we reserve the right of final decision.

In the event that it has come to our attention or in our suspicion that a promo code, e-coupon or point has been obtained in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by MediQ, we will reserve the following rights:

• Immediate termination of your MediQ account;
• Cancellation of all previously accrued promo codes, e-coupons and/or points;
• Refuse to provide you with any Services; or
• Any other measures as deemed appropriate by us at our sole discretion.

You may only use this Website for bona fide and lawful enquiries or orderings and hereby undertake not to make any speculative, false or fraudulent orderings or orderings of any anticipated demand. You undertake that the payment details provided to us at the time of ordering are fully correct. You also undertake to provide us with correct and accurate email, mailing address and/or other contact details and acknowledge that we may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.

Accordingly, as a condition of your use of this Website, you agree not to use this Website or its contents or information, directly or indirectly, for any commercial or non-personal purpose or for any purpose that is unlawful, illegal or prohibited by the Terms of Use. Unless authorised in prior writing by us in advance, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any information, software, products or services obtained from this Website. In addition, you agree not to:

• Use this Website or its content for any unauthorised commercial purpose, including without limitation any distribution or resale of reservations without permission;
• Make any speculative, false or fraudulent ordering;
• Deliver any content that infringes or violates the intellectual property or other rights of any entity or individual, including without limitation copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity;
• Impersonate another person or entity, falsely claim or otherwise misrepresent your affiliation with another person or entity, or use a false identity in order to mislead, deceive or defraud another;
• Use the Website in any way that damages, disables, overburdens, impairs or otherwise interferes with the use of the Website or equipment by other Users, or causes damage to, disruption or limits the functionality of any software, hardware or telecommunications equipment;
• Attempt to gain unauthorised access to browse or use this Website, any affiliated website, other accounts, computer systems or networks connected to this Website through hacking, password mining or any other means;
• Deliver through this Website illegal postings under any applicable laws or regulations or any postings that advocate illegal activity;
• Deliver or provide links to any content that could be deemed harmful, obscene, pornographic, indecent, violent, abusive, profane, racist, discriminatory, abusive, threatening, distorting, harassing, hateful or otherwise objectionable;
• Deliver or provide links to any content that is defamatory, libellous, false or slanderous; and
• Do anything else that damage or negatively impact the reputation of the Website, MediQ, related companies, and each of their employees;

We may use proprietary or third-party technology (such as Google reCAPTCHA) on our Website pages to keep the Website safe from malicious attackers or anyone who abuses the Website.

All materials displayed or presented on this Platform, including but not limited to text, data, graphics, articles, photos, images, illustrations, videos, audio and other materials ("Content"), are subject to copyright and/or intellectual property protection. All content on this Platform is intended solely for your personal and non-commercial use of the Services and must be used in accordance with these Terms of Use.

If we agree to grant you access to the Platform and/or Content, such access is non-exclusive, non-transferable, and limited to access in accordance with these Terms of Use. We may, at our absolute discretion, modify, delete or change the presentation, substance or functionality of any part or all of the Content from the Platform at any time without prior notice.

You shall abide by all copyright notices, trademark rules, and restrictions contained in the Platform and the Content accessed through the Platform and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, licence, sell or otherwise exploit for any purposes whatsoever the Platform, Platform Content, third-party submissions, or other proprietary rights not owned by you without the prior express wrote consent of the respective owners, or in any way violates any third-party rights.

Our search results are sorted and filtered by criteria such as availability, price suggestions, service popularity, service reviews, or other criteria. We continue to improve this Platform to provide you with the best experience and may test different default ranking algorithms from time to time.

By completing an order, you agree to receive confirmation messages (email and/or SMS). After completing the Services, email invitations will be sent for you to fill in user reviews, for which leaving a review is optional. The order confirmations and user review invitations are part of the order process and are not part of the newsletters or marketing emails you can unsubscribe from. The submitted user review (including all text, files, images, photos, sounds, videos or other materials) (“User Review”) will be uploaded to the relevant service page of the Platform within 72 hours in order to inform future Users of your opinion on the rating and quality of the Services.

By posting a User Review, you grant us full, perpetual, free, transferable and irrevocable rights to all submitted User Review. MediQ reserves the right to translate, edit, adjust, refuse or remove the User Review at its sole discretion.

You confirm you will comply with the User Review Guidelines. In addition, you represent and warrant that:

• You own and control all the rights to the content of User Review that you post or distribute, or you have the legal right to post or distribute User Review through the Platform;
• Such User Review is accurate and not misleading, erroneous, defamatory or in other offensive or inappropriate manner;
• The use, distribution, or other dissemination of User Review does not violate these Terms of Use or any applicable laws and regulations and does not violate any rights of, or cause any harm to, any person or entity;
• In respect of User Review, grant us a permanent, irrevocable, non-exclusive, global, transferable, sublicensable, fully paid, royalty-free license to reprint, distribute, communicate to the public, perform publicly, revise, compile derivative works, display and any other use of the User Review (including but not limited to promoting and reposting part of or all Website in any media format and through any media channels). Without restrictions, the rights granted to us by you under this clause include the right to grant sublicenses to Users to use User Review when the Platform functions permit from time to time. You hereby waive and urge all other creators of User Review to waive all moral rights of User Review (including the right to identify the creator of User Review or the right to oppose any derogatory processing of User Review), regardless of whether the relevant rights are currently or may exist anywhere in the world at any time in the future.
• You have the legal rights and powers to grant the license mentioned in subclause (c) above;
• You are the owner of the User Review and/or have all the necessary rights, consents, permissions and licences that can grant us the licence mentioned in subclause (c) above;
• We will not infringe the intellectual property rights or other rights of any third party by exercising the licence mentioned in subclause (c) above;
• If the User Review identifies any individual person (whether by name, picture or other means), you have obtained all the consents and permission of such person, so that we can use the User Review under the licence mentioned in subclause (c) above;
• At our request, you will provide us with a written copy of any consents, permits and licences that you need to obtain;
• You are responsible for all legal responsibilities for the User Review. Regardless of whether we are aware of any User Review, we are not responsible or liable for any User Review under any circumstances;
• User Review must not contain illegal, obscene, foul language, inappropriate content, hateful, offensive or advocating illegal content, and must not contain personal and other personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Additionally, User Review must not contain content that is defamatory, abusive, harassing or violates the legal rights of others;
• You grant us the right to pursue at law any person or entity that violates your or MediQ’s rights in the User Review by breaching the Terms of Use. You agree you will be solely responsible for the User Review that you provide or submit; and User Review submitted by Users will be considered non-confidential, and we are under no obligation to treat it as proprietary. Without limiting the foregoing, we reserve the right to use such
• User Review in appropriate circumstances, including but not limited to deleting, editing, modifying, rejecting or refusing to post the User Review. We are under no obligation to offer you any payment for content you submit, nor do we provide you with the opportunity to edit, delete or otherwise modify the User Review after it has been submitted to us. We are not responsible for granting you attribution authorship for this User Review, and we are not obligated to enforce any form of attribution rights of third parties. For details, please refer to the Terms of Use on this Platform.

All patents, domain names, databases, trademarks, copyright, product names, company names or logos on this Platform are our property or that of their respective owners. No permission is given by us in respect of any use, copy, selling, reselling, accessing, modification or otherwise use for any purpose of any such patents, domain names, databases, trademarks, copyright, product names, company names, logos or titles which may constitute an infringement of the holder's rights.

The intellectual property rights in all content, User Review, designs, text, graphics, database and other materials on this Platform and the selection or arrangement thereof are owned, controlled or licensed by us. Any authorised use without our prior express written permission is strictly prohibited.

The content included in this Website is provided to you on an "as is" and an "as available" basis. We do not give any other warranty, expressed or implied, or make any representation, including without limitation, that the content on this Website is complete or accurate up to date. Further, we do not warrant or make any representations concerning the likely results or reliability of the use of the materials on this Website or otherwise relating to such materials or on any sites linked to this Website. MediQ reserves the right in its sole discretion and without any obligation or notice or requirement to change, alter or edit the content on this Website.

All information on this Website is for educational or informational purposes only and is not intended as a substitute for professional medical care or advice. While every effort has been made to ensure the accuracy of the information on this Website, it cannot be guaranteed to be absolutely accurate and timely and is subject to change without any prior notice. If you have any medical concerns or treatment necessary, please consult your doctor or healthcare provider.

To the fullest extent permitted by law, we will not accept any liability whatsoever for any direct, indirect, consequential, collateral, special, punitive or incidental loss, destruction or damage (including but not limited to corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss) resulting from your access to, reliance on, or use of, or inability to use any part of MediQ (including any third-party Services) whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of or reasonably should have known about the possibility of such damages.

We shall not be liable or be deemed to be in default for any failure to perform any of our obligations under the T&C due to reasons beyond its reasonable control and/or force majeure. Such causes or circumstances shall include, but shall not be limited to, acts of God, casualties, accidents, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, civic unrests, labour or material shortages, freight embargoes, transportation delays, unusually severe weather, electrical power failures, interruption of telecommunication or internet backbone, failure of an internet access provider or other similar causes beyond our control. We shall not be liable for losses, expenses or damages, ordinary, special, remote or consequential, resulting directly or indirectly from such causes.

MediQ does not be liable for any events beyond its reasonable control or consequential loss arising therefrom.

MediQ does not make any statements or warranties regarding the quality satisfaction, merchantability, non-infringement or suitability of Services provided on this Platform.

Unless required by the law, MediQ will not be responsible to you for any indirect or consequential loss, damage or expense, including any loss of profit, business or goodwill caused by your notification of MediQ’s problems, and under no circumstances will the maximum total liability of MediQ exceed HK$1,000.00.

These Terms of Use have included all the terms and commitments of us to you in relation to the use of our Platform, and revoke any representations, commitments and guarantees that we made to you before entering into these Terms of Use.

Notwithstanding any other provision in these Terms of Use, nothing in these Terms of Use affect or limit your rights as a consumer under the Hong Kong SAR law and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of our Website and any information provided by you.

You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that material included on the Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. If we are informed of any inaccuracies in the material on the Platform we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• Incompatibility of this Website and/or this Platform with any of your equipment, software or telecommunications links;
• Technical problems including errors or interruptions of this Website and/or this Platform;
• Unsuitability, unreliability or inaccuracy of this Website and/or this Platform; and
• Failure of this Website and/or this Platform to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Website and/or this Platform.

This website may contain links to third-party websites, services, products or advertisements. These links are not maintained or controlled by MediQ, and we are not responsible for the availability, content or accuracy of these external resources, nor for any loss or damage incurred as a result of the use of the information on this Website. These linked sites provided on this Website should not be considered or construed as our endorsement or verification of such linked websites or their content, and shall not be deemed to endorse, invite, recommend, approve, guarantee or introduce any third parties or their services/products/contents, or have any form of cooperation with such third parties and websites.

Where available and applicable, you will access the services of third-party providers, the Suppliers, through this Platform. These Suppliers will provide services either online or within a clinic or physical location and are subject to availability, and fees and charges may apply. Our provision of access to those services cannot be regarded as our admission of liability arising out of your use of those services. You acknowledge and agree that MediQ, as the Platform operator:

• Make no statements, representations or warranties, express or implied, in relation to any Services provided or rendered by the Suppliers;
• Does not agree, does not disagree, does not approve and does not endorse any advice, materials or services offered by any Suppliers;
• Shall not be responsible for any advice, materials and/or services provided by any Suppliers;
• Does not make any guarantees about the performance of the services that each Supplier is responsible for;
• Shall not accept any liability, obligation or responsibility whatsoever for any direct or indirect loss, costs or damage (including without limitation to consequential loss, lost profits or damage) howsoever arising out of any use, inability to use or misuse of or reliance on advice, materials or services provided by any Suppliers; and
• Shall not have or accept any liability, obligation or responsibility for any loss, damage, property damage, personal injury or death of the User arising out of or in connection with the provision of the Services by the Suppliers.

Whilst the Suppliers are required to provide MediQ with accurate and updated information of the Services on the Platform, MediQ cannot guarantee that Services are accurate and updated at all times. We reserve the right to do any of the following at any time for any reasons without notice, including without limitation:

• Amend, modify, add, delete or revise in any way any information of this Provider Services and/or these Terms of Use;
• Suspend or terminate the Provider Service, or any portion of the Provider Service, for any reason;
• Expand, add, modify, reduce, remove or change the Provider Service, or any portion of the Provider Service; and
• Interrupt the operation of the Provider Service, or any portion of the Provider Service, as necessary to perform maintenance, error correction, or other changes.

We may change or modify any part of this Terms of Use from time to time without prior notice. We will post the changes to or modifications of this Terms of Use on this Website. You should visit this page periodically to review the current Terms of Use to which you are bound. Your continued use of this Platform after any such changes or modifications constitutes your acceptance of the revised Terms of Use.

We cannot guarantee the identity of any other Users you may interact with while using the Platform. We cannot guarantee the authenticity and accuracy of any content, material or information that other Users or Suppliers may provide. All content you access by using the Platform is at your own risk, and you will be solely responsible for any damage or loss incurred by anyone as a result of your use.
Under no circumstances will we be liable for any Content, including without limitation any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Platform.

You hereby agree to defend, indemnify and hold MediQ harmless against all damages, losses, liabilities, settlements, expenses and costs (including legal costs) suffered or incurred by MediQ, our related companies, officers, directors, employees and agents in connection with or arising from:

• Your access to this Website and/or use of online services;
• Any other party using your id and/or login password to access this Website and/or use the online services;
• Your breach of any of these Terms of Use; or
• Any other party being able to access this Website and/or use the online services by using your user ID and/or login password in breach of any of these Terms of Use.

"Working Day" means Monday to Friday, excluding public holidays in Hong Kong.
All pronouns used in Terms of Use, whether used for masculine, feminine or neuter, shall include all other genders, and the singular shall include the plural and vice versa.

Any disputes in connection with this Platform or the Services thereunder, MediQ's decision shall be final, binding and conclusive.

If any part of the Terms of Use is held to be unenforceable, the unenforceable part shall be effective to the greatest extent possible, and the remainder shall remain in full force and effect.

In the event of any discrepancy between the English version of any of the Terms of Use and any translated version, the English language version shall prevail.

This Terms of Use is governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

If, at any time, we have not requested the performance of any provision of these Terms of Use or the exercise of any right provided for herein, it shall not be deemed as a waiver of requesting performance of such provisions or exercising such rights. All waivers must be made by us in writing. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein made by us shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Last Modified: September 2023