Welcome to the HealthPro Mobile Application. This Mobile Application is operated by Kare4U Healthcare Solutions Pvt Ltd., having its registered office at Unit: 801-804, DLF Cybercity, Patia, Near Infocity, Bhubaneswar – 751024, Orissa, INDIA.
The "Terms and Conditions" to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or a Healthcare Practitioner and the terms 'HealthPro’, 'We', 'Us', 'Company', and 'Our' refer to Kare4U Healthcare Solutions Pvt Ltd.
If You are accessing the HealthPro mobile application, then this Agreement will continue to apply to such use. In addition, there may be additional terms (such as the terms imposed by mobile application stores) which will govern the use of the mobile application. The features / services of this Mobile Application are available only in India.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
1.THE HEALTHPRO MOBILE APPLICATION
1.1. Users: The HealthPro Mobile Application is accessible to non-registered users, registered users and Healthcare practitioners. "Registered Users" are users who have registered themselves an account on the HealthPro by providing certain information and who can log on to the application by providing their username and password. "Non-Registered Users" are users who are not registered with the HealthPro but may access few information on the Mobile Application. Certain features of the Application are available to Registered Users only. "Health Care Practitioners"(HCP) from medical and dental profession and (a) with whom Registered Users can book appointment using the Mobile Application or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users. “Labs" are registered laboratories that collect patient samples from Registered Users for conducting pathological tests and varied diagnostic services referred to as "Lab Tests". Registered Users, Non-Registered Users and HCPs ("Health Care Practitioners") shall collectively be referred to as "Users".
1.2. Features of the HealthPro Mobile Application: The Mobile Application offers the following features:
a) For Registered Users:
2.USE OF THE Mobile Application
2.1. Use by all Users (Registered, Non-Registered User and HCP)
2.1.1. You will use the Mobile Application and the features provided by HealthPro only in relation to and in compliance with all applicable Indian laws. You will not use this Mobile Application, or any feature provided by the Mobile Application for any purposes not intended under this Agreement.
2.1.2. You will not deliberately use the Mobile Application in any way that is unlawful or harms HealthPro, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Mobile Application.
2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Mobile Application, you may receive SMS messages from HealthPro on Your registered mobile number. These messages will relate to Your registration, transactions that you carry out through the Mobile Application and any such information found suitable of your attention by HealthPro. Please note that HealthPro will send these SMS messages only to the mobile number that You provide on the Mobile Application. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter. Further, HealthPro may also send notifications and reminders to you with respect to appointments scheduled by you for the features that you may be using on the Mobile Application. You hereby consent to receive such messages from HealthPro.
2.1.4. By using the Mobile Application and/or registering yourself at HealthPro you authorize us to contact you via email or phone call or SMS and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on Mobile Application, for which reasons, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the HealthPro & associate partners for the above-mentioned purposes.
2.2. Use by Registered User
2.2.1. You acknowledge that this Mobile Application is an informative and technology service platform only. This Mobile Application is not in the business of providing healthcare service or hospital services.
2.2.2. We encourage you to independently verify any information you see on the Mobile Application including information provided by an HCP. You will use the Mobile Application and the features provided by the Mobile Application only in relation to and in compliance with all applicable Indian laws. You will not use this Mobile Application, or any feature provided by the Mobile Application for any purposes not intended under this Agreement.
2.2.3. The Mobile Application allows you to select and schedule appointments with HCPS. In doing so, HealthPro can help providing you with lists and/or profile previews of HCPs who may be suitable to deliver the health care that You are seeking based on information that you provide to HealthPro (such as area of specialty, Names of HCP Professionals/Hospital/Clinic and geographical location).
2.2.4. Please note that HealthPro (i) does not recommend or endorse or attest any HCPs mentioned on the Mobile Application; and (ii) does not make any representations or warranties with respect to HCPs or the quality of the healthcare services they may provide, and (iii) does not grade physicians.
2.2.5. You will obtain all relevant consents and approvals prior to posting or providing any User Content.
2.2.6. You may schedule an appointment on the Mobile Application for Your family members and friends. However please note that such You will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
2.2.7. You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Mobile Application which may be accessed by the HCP at the time of private interactions using the Mobile Application.
2.3. Refund Policy for Paid Consults
2.3.1. In the event it is proved that You have demonstrated abusive nature during the consult, you shall not be eligible for any refund and HealthPro/HCP shall be entitled to take any legal action as applicable.
2.3.2 In the event of online payment of consulting fee and cancelling the appointment before 4 hrs of actual consulting date and time then Refund is applicable. In this case refund will happen through HealthPro back office after deducting flat 50 rupees towards the processing fee.
2.3.3 In the event of Doctor unavailability or cancellation from Hospital/Clinic then the Refund is applicable. 100% Refund amount will get processed through the HealthPro back office if the user has made payment though online.
2.3.4 If the Patient doesn’t turn up for the consultation as per the date and time selected while taking the appointment, then refund will not be applicable.
2.4. Refund Policy for Lab Tests
2.4.1. If you cancel a Lab Test after the sample collection, refund will not be applicable.
2.4.2. Refund due to any issues with processing of sample will be provided as per Lab's policy. HealthPro is not liable for any refund.
2.4.3. Refund due to any issues with reporting will be provided as per Lab's policy. HealthPro is not liable.
2.4.4 In the event of online payment of diagnostic fee and cancelling the appointment before 4 hrs of actual diagnosis date and time then Refund is applicable. In this case refund will happen through HealthPro back office after deducting flat 100 rupees towards the processing fee.
3.ROLE OF HealthPro
3.1. HealthPro's role is limited to a) providing a platform for hosting and publishing User Content, Lab Content and HCP Content b) providing a platform to find HCPs based on Registered User's inputs and HCP profiles created by HCPs themselves and e) providing a platform for Registered Users to order Lab Tests c) facilitating collection and disbursal of consultation and service fees for HCPs and Labs.
3.2. HealthPro's role is that of an 'intermediary'. Being an intermediary, HealthPro has no responsibility and / or liability in respect of the content and transactions on the Mobile Application including any User Content, Lab Content or HCP Content, information provided by HCPs or Labs, interactions between HCPs and Labs on the one hand and Users on the other hand.
3.3. HealthPro does not have the obligation to pre-screen or monitor User Content, Lab Content or HCP Content at any time. However, HealthPro may elect to monitor any User Content or HCP Content and remove any User Content and HCP Content from the Mobile Application if HealthPro determines in its sole discretion that such User Content and/or HCP Content is in violation of this Agreement or any applicable law and best practices. Where HealthPro removes any User Content or HCP Content from the Mobile Application, HealthPro will make reasonable efforts to inform the User or HCP who had posted such User Content or HCP Content respectively. Such actions do not in manner negate or dilute HealthPro's position as an intermediary or impose any liability on HealthPro with respect to User Content and/or HCP Content.
3.4. If HealthPro suspects any illegal, wrongful or fraudulent activity on the Mobile Application by any Registered User, Lab or HCP, notwithstanding any other rights HealthPro may have, HealthPro reserves the right to inform the relevant government or law enforcement authorities. HealthPro will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities. HealthPro also reserves the right to remove the user form the platform.
3.5. HealthPro does not endorse or influence control over any branch of medicine, theory, opinion, viewpoint or position on any topic.
3.6 For any products and services from a Third Party, the service quality and assurance will not be the ownership of HealthPro whereas HealthPro will considercustomer feedback and will attempt in every possible way to communicate to those service providers and get the improvement as an ongoing process.
4.LINKS TO THIRD PARTY Mobile Applications
4.1. You may be provided with links on the Mobile Application that direct You to third party Mobile Applications / applications / content or service providers, including advertisers and e-commerce Mobile Applications (collectively "Third Party Mobile Applications").
4.3. HealthPro does not endorse any Third Party Mobile Applications that You may be directed to from the Mobile Application.
4.2. Links to such Third Party Mobile Applications are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Mobile Applications via a link available on the Mobile Application. Should You decide to click on the links to visit such Third Party Mobile Application, you do so of Your own volition. Your usage of such Third Party Mobile Applications and all content available on such Third Party Mobile Applications is subject to the TERMS AND CONDITIONS of the respective Third Party Mobile Application and HealthPro is not responsible for Your use of any Third Party Mobile Applications.
5.1. HealthPro respects the intellectual property rights of others, and We expect the same from You. The Mobile Application, User Content, HCP Content, Lab Content and the HealthPro Content are protected by applicable intellectual property laws.
5.2. HealthPro's Rights to the Mobile Application and HealthPro Content
5.2.1. All intellectual property in and to the Mobile Application, any software, techniques and processes used in connection with the Mobile Application, belongs exclusively to HealthPro or its licensors. Through Your use of the Mobile Application, by no means are any rights impliedly or expressly granted by HealthPro to You in respect of such works.
5.2.2. HealthPro and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Mobile Application. Any use of the HealthPro's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of HealthPro and may be actionable under the applicable laws.
5.2.3. Except as stated otherwise in this Agreement all HealthPro Content (including all intellectual property rights to such content) is owned exclusively by HealthPro and/or its licensees.
5.2.4. Unless expressly authorized by HealthPro, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the HealthPro Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
5.3. Rights in User Content and HCP Content
5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) that You post on the Mobile Application or provide to HealthPro.
5.3.2. You hereby grant HealthPro a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content (in case You are a Registered User) or HCP Content (in case You are a HCP) including the right to copy, distribute, display, reproduce, modify, adapt, the User Content or HCP Content, as the case may me, and create derivate works of the User Content or HCP Content, as the case may be.
6.1.1. We may collect various personal information from You when You use the Mobile Application and or the features provided by the Mobile Application.
6.1.4. HealthPro may disclose Your Personal Information in accordance with applicable law.
7.1. Interaction with HCP on the Mobile Application:
7.1.1. You understand and agree that any interactions and associated issues with the HCP(s) on the Mobile Application, is strictly between You and the HCP(s). You shall not hold HealthPro responsible for any such interactions and associated issues. HealthPro is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HCP You interact with. If You decide to engage with a HCP to provide medical services to You, You do so at Your own risk.
7.1.2. The results of any search You perform on the Mobile Application for HCPs, or provision of access to any HCP based on Your specific request, should not be construed as endorsement by this Mobile Application of any such HCP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the HCP. The search results are based on an object computer algorithm.
7.1.3. HealthPro shall not be responsible for any breach of service or service deficiency by any HCP.
7.1.4. We can neither assure that all transactions on the Mobile Application will be completed nor do We guarantee the ability or intent of HCP to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a HCP.
7.2. Interaction with Labs on the Mobile Application:
7.2.1. You understand and agree that any interactions and associated issues with the Lab(s) on the Mobile Application, is strictly between You and the Lab(s). You shall not hold HealthPro responsible for any such interactions and associated issues. HealthPro is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the Lab You interact with. If You decide to engage with a Lab to provide lab or diagnostic services to You, you do so at Your own risk.
7.2.2. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of any Lab.
7.2.3. HealthPro shall not be responsible for any breach of service or service deficiency by any Lab.
7.2.4. We can neither assure that all transactions on the Mobile Application will be completed nor do We guarantee the ability or intent of a Lab to fulfil their obligations in any transaction. We advise You to perform Your own investigation prior to ordering a Lab Test.
7.3. Clinical Support Information: We may provide information to assist You towards active healthcare, gaining of knowledge, and complete actions based on data entered by the user/HCP . This may include information and reminders concerning drug interactions, lab and diagnostic services, allergies, dosages, as well as general health-care related information and resources. The information and materials available through the Mobile Application are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. Information that may be placed on the Mobile Application by third parties, including HCP Content, and Lab Content, is beyond Our control. We are not responsible for the accuracy or completeness of information available from or through Our Mobile Application. You assume full risk and responsibility for the use of information You obtain from or through this Mobile Application, and You agree that HealthPro is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any HCP, Lab or diagnostic or health-related products, items or services, and the appearance of materials on the Mobile Application relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the information on the Mobile Application, and to make an independent determination of their suitability for Your use. We make no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the Mobile Application
7.4. Information regarding HCP/Lab and practice information: Information regarding HCP/Lab and practice information found on the Mobile Application is intended for general reference purposes only. Such information found on the Mobile Application is mainly self-reported by the HCP. Such information often changes frequently and may become out of date or inaccurate. Neither the Mobile Application nor HealthPro provides any advice or qualification certification about any HCP or Lab. You are encouraged to independently verify any such information You see on the Mobile Application with respect to an HCP or Lab that You seek to make an appointment with.
7.5. No Professional Relationship: Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Mobile Application (including information provided in direct response to Your questions or postings) may be provided by HCPs or Labs. The provision of such content to You by HealthPro does not constitute delivery of health care or diagnostic services to You and does not create a professional relationship between HealthPro and You.
7.6. No Medical Advice Provided: The content provided by the Mobile Application, either by HealthPro or by HCP, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
If You rely on any of the Information provided by the Mobile Application, you do so solely at Your own risk. The Information that You obtain or receive from HealthPro, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile Application is for informational and scheduling purposes only. 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.
7.7. Non-substitution of professional medical advice: The Information provided on the Mobile Application and in any other communications from or provided through HealthPro is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Mobile Application. Your use of Information provided on the Mobile Application is solely at Your own risk. Nothing stated or posted on the Mobile Application or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that HealthPro shall not be responsible for Your treatment or be treated as a health care provider because of collection of the consultation fees for private consultation by HCP or collection of fees for Lab Tests by Labs, for any reason whatsoever.
7.8. HEALTHPRO DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE MOBILE APPLICATION AND ITS FEATURES; (II) HCP WHO RESPONDS TO QUESTION OF A REGISTERED USER OR WHO INTERACTS PRIVATELY WITH A REGISTERED USER; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE MOBILE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR HCP CONTENT (V) TRANSMISSIONS OR DATA AND (VI) THE ACCURACY OF ANY LAB CONTENT INCLUDING LAB TEST RESULTS (VII)ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION AND / OR SERVICES.
7.9. HEALTHPRO MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE Mobile Application WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
7.10. HEALTHPRO ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT, LAB CONTENT OR HCP CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE MOBILE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE MOBILE APPLICATION.
7.11. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR HEALTHPRO TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT OR HCP CONTENT. HEALTHPRO IS NOT RESPONSIBLE FOR ANY USER CONTENT OR HCP CONTENT ON THE MOBILE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
7.12. HEALTHPRO DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND SMS OR OTHER NOTIFICATIONS OR REMINDERS TO YOU AS A FEATURE OF THE MOBILE APPLICATION.
7.13. Neither the HCPs, Labs nor HealthPro shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of HCPs / HealthPro or due to technical reasons or third-party actions.
8.REPRESENTATION AND WARRANTIES
By Using This Mobile Application, You Represent and Warrant That:
8.1. You are 18 years of age or older and that Your use of the Mobile Application shall not violate any applicable law or regulation;
8.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
8.3. You as a Registered or Non-Registered User will use the Mobile Application solely for Your personal and non-commercial use. Any use of this Mobile Application or its content other than for personal purposes is prohibited.
8.4. Your use of this Mobile Application shall be subjected to the following restrictions:
8.4.1. You will not delete or modify any content of the Mobile Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
8.4.2. You will not decompile, reverse engineer, or disassemble the content, or
8.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Mobile Application. You further agree not to access or use this Mobile Application in any manner that may be harmful to the operation of this Mobile Application or its content.
8.5. You will not use the Mobile Application and / or services in any way that is unlawful or harms the Company or any other person or entity, as determined in the Company's sole discretion.
8.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "grieving" as those terms are commonly understood and used on the Internet.
8.7. You will not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 any other nation.
You hereby indemnify, defend, and hold HealthPro, the HealthPro's distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, HCPs), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Mobile Application (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
HealthPro reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Mobile Application by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Mobile Application. Upon suspension or termination, your right to use the features on the Mobile Application shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, your right to use the Mobile Application, User Content, HCP Content or HealthPro Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this Mobile Application. HealthPro shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
11.GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
12.1. HealthPro reserves the right to modify any part of the Agreement at any time without giving You prior notice.
13.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Mobile Application or its features or the information to which it gives access, shall be determined by arbitration in India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
13.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
14.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
14.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to HealthPro:
Kare4u Healthcare solutions Pvt ltd.
Unit: 801-804, DLF Cybercity
Patia, Near Infocity, Bhubaneswar – 751024
If to You:
at the email address provided by You to us when You registered as a HealthPro User.
14.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
14.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.