Terms & Conditions
Introduction: Nutrifi (“Website” or “Nutrifi.in”) is an online service owned and provided by empowerM Mobility Solutions Private Limited having its registered office at 101, Kailash Meadows HUDA Techno Enclave, HITEC City Hyderabad, Telangana 500081, India (“empowerM” or “we” or “us” or “our”).
The Website provides a platform to promote healthcare professionals and healthcare organizations and connect them with patients in need of medical services. The membership of the Website is open to healthcare professionals, healthcare organizations, patients and other parties in the healthcare field. The data collected from you by Doctrz is used to create a database of information accessible to the members of the Website, promote professionals and organizations in the healthcare field and enhance your network. Our vision is to leverage technology to make healthcare effective, accessible and affordable.
If you are using the Services on behalf of a company, medical practice or other legal entity, you are nevertheless individually bound by this User Agreement even if your company has a separate agreement with us. By joining Doctrz you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all the provisions of this User Agreement as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website or while using/accessing/downloading/operating/storing any application made available on the Website or which form a part of any of our Services.
If you have any queries about this User Agreement or have any comments or complaints on or about the Website, please email us at email@example.com. We reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Ownership of rights: Any use of this Website or its Services and content, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our explicit written permission. All information displayed, transmitted or carried on the Website or the Services is protected by copyright and other intellectual property laws. All rights, including copyright, in this Website are owned by or licensed to empowerM. Doctrz is designed, updated and maintained independently by empowerM. The content is owned by empowerM. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
Accuracy of content and invitation to offer:
The information on Doctrz comes from a variety of sources including but not limited to the Users and includes information that is subject to change without notice. empowerM does not guarantee and does not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from this site is free of viruses or other harmful computer code. Some of the information displayed on these pages changes rapidly, sometimes every day, and sometimes from minute to minute. The accuracy and timelines of the data is therefore subject to delays in connectivity across the internet, your systems, and other facilities outside the control of empowerM. Therefore, you must independently verify the accuracy of any information presented on the Website or which form a part of the Services.
All services/applications displayed on Doctrz constitute an invitation to offer. Your order for purchase of any of the Services constitutes your acceptance of the offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full.
Usage Restrictions: You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, abusive, threatening, vulgar, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other intellectual property rights of any person;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, 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;
- encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- provides unauthorized access to other computer / network systems;
- interferes with any other person’s use or enjoyment of the Website;
- breaches any IP address;
- interferes or disrupts networks or websites connected to the Website; or
- makes, transmits or stores electronic copies of materials protected by copyright without the permission of the owner.
You will not use any robot, spider, other automatic device, ‘bot’, or manual process to monitor or copy our web pages or the content contained herein without prior express written permission from empowerM. You will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this site. You will take no action that imposes an unreasonable or disproportionately large load on our infrastructure. empowerM reserves the right to categorize certain services to a specific class of users in any manner as empowerM may deem fit. You agree that you will not create a fake or counterfeit identity in order to utilize the services/applications available at Doctrz or otherwise. empowerM at all times reserves the right to terminate or suspend your participation to Doctrz should we have a reason or suspicion to believe that such a fake identity is being created by you in the course of accessing Doctrz.
empowerM may modify, replace, refuse access to, suspend or discontinue Doctrz, partially or entirely, or change and modify prices for all or part of the Website or Services for you or for all Users in empowerM’s sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. empowerM further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Doctrz to be contrary to this User Agreement. For avoidance of doubt, Doctrz has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services or the Website.
You hereby agree that you will not post or disclose or provide by any means directly or indirectly on the Website or any of the Services, any personally identifiable information. If you provide any such personally identifiable information on the Website or any of the Services, empowerM shall not be liable for the same, in any manner whatsoever, and you shall be solely liable for disclosing such personally identifiable content on the Website or any of the Services.
Quantity Restrictions: empowerM reserves the right, at our sole discretion, to limit the Services availed by any User or per order, at its sole discretion. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. empowerM also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
Refusal of Service: empowerM reserves the right to refuse service to anyone at any time and the right to initiate legal proceedings against any person for fraudulent use of Doctrz and any other unlawful acts or acts or omissions in breach of the User Agreement. empowerM reserves the right, in its sole discretion, to suspend or cancel any of the Services at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of any Service if any user causes breach of the User Agreement.
Representations and Warranties: You hereby represent and warrant to empowerM that:
- In the event you are an entity, i.e., a company, a partnership, a proprietorship, a limited liability partnership, a corporation, a trust or any other enterprise (each referred to as an “Entity”), (i) you have been duly incorporated and are validly existing under applicable laws; (ii) you have all necessary power, authority and capacity to undertake the obligations contemplated herein; (iii) you have obtained all requisite authorizations to enter into this User Agreement; and (iv) this User Agreement would constitute a valid and legally binding obligation on you;
- In the event you are entering into this User Agreement on behalf of any Entity as the owner of such Entity, (i) you are the authorized representative of such Entity; (ii) all requisite authorizations have been obtained to appoint you as the authorized representative of such Entity; and (iii) this User Agreement would constitute a valid and legally binding obligation on such Entity;
- The information provided by you to the Website is true, accurate, valid, subsisting and not misleading in any manner whatsoever;
- This User Agreement does not contravene, violate or constitute a default of any agreement or other instrument to which the you are party or by which you are bound;
- You have obtained all requisite consents, approvals, orders, authorizations and registrations in connection with the performance of this User Agreement;
Each of the above representations and warranties shall be continuous and shall subsist for the term of this User Agreement.
Indemnity: empowerM disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. You agree to defend, indemnify and hold harmless empowerM, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to empowerM or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the breach or non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Eligibility to use: Use of Doctrz is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use Doctrz. We reserve the right to terminate your membership and deny you any of the services and products available on Doctrz and refuse to provide you with access to Doctrz if we discover that you are in breach of any of our terms and conditions or we have reasonable suspicion that you are a competitor of the Website or the Services or are helping a competitor of the Website or the Services by accessing Doctrz. Doctrz is not available to persons whose membership has been suspended or terminated by empowerM for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Those who choose to access this Website are responsible for compliance with their local laws if and to the extent local laws are applicable. By using the services of Doctrz you agree to be bound by the terms and conditions of the User Agreement.
We reserve the right to share information, programs, products, processes, technology, design, source code, content and other materials, which appear on this Website or any of the Services with any law enforcement agency or any other governmental authority in order to be in compliance with the applicable laws.
Registration: You may register on the Website as a single user, representing yourself and/or other persons/ Entities. In the event you are a User registering on the Website on behalf of other persons/ Entities (“Owner”), you represent that such person(s)/ Entity(ies) have provided the requisite consent and approval authorizing you to provide information on their behalf on the Website. As the Owner, you may share your login credentials with such persons and other authorized persons in the Entities, save and except which, you shall not share your login credentials with any other person nor with multiple Users on a network. Responsibility for the security of any passwords issued rests with you. You will be responsible for any activity on your account until your account is closed, whether such activity is undertaken by you or any other persons. You agree that you will not be using accounts owned and operated by any other Users.
Only individuals above the age of 18 years are permitted to be registered users of the Website. However, a User, who is the legal guardian of a minor, may create a profile on behalf of the minor on the Website and any information provided in relation to the minor by you will be treated as your personal information.
Assignment and Granting Access: You may choose to grant different levels of access to your health information to other users of the system, who include the following categories of users:
- Care Giver: Your Care Giver is a person responsible for your well-being and will have access to your address, age, gender, profile picture, insurance details, family health history, your habits, contact information of your emergency contacts, your medical history, your visit history, your diet history and your emergency health record.
- Emergency Contact: Your emergency contact is a person who is willing to assist you in case of an emergency and will have access to your address, age, gender, profile picture, insurance details, contact information of your emergency contacts and your emergency health record.
- Doctor: Your doctor will have access to your address, age, gender, profile picture, insurance details, family health history, your habits, contact information of your emergency contacts, your medical history, your visit history, your diet history and your emergency health record.
In the event you are a doctor/ health care professional, you may assign the ownership of an account containing details of patient(s) to any other doctor/ health care professional or to the patient or a nominee of the patient, as you may deem fit.
In the above circumstances, the assignee of the account or any of the above categories of users who are providing access to health information shall be bound by the terms of this User Agreement. Further, you, the User, shall be responsible for the way anyone you have authorized to use the service uses the Services, and for ensuring that all of such users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you as well.
Accuracy of information provided by you: You agree that you will keep your profile information on Doctrz accurate and updated. If you are found to be in violation of the User Agreement or it is found that the information provided by you is inaccurate or falsifying any identity, empowerM reserves the right to suspend your account and initiate legal proceedings against you.
Storage of information in your mobile phone: You acknowledge and agree that certain personal or confidential data will be stored in your mobile phone while accessing the Mobile Application or the Services through your mobile phone and empowerM shall not be liable for any harm, loss or damage to the personal or confidential data resulting from theft of the mobile phone or loss of such confidential data stored on the mobile phone for any reason whatsoever.
Communication:: When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Website feedback, user comments and user generated content: All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to empowerM on the Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain the property of empowerM. Such disclosure, submission or offer of any Comments shall constitute an assignment to empowerM of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. empowerM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. empowerM does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant empowerM the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify empowerM and its affiliates for all claims resulting from any Comments you submit. empowerM and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
By providing information to us, you represent and warrant that you are entitled to and have the requisite rights to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. empowerM will have no obligations with respect to the information you submit to us. empowerM hereby grants you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Website in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contributions and does not grant you rights to republish the contributions or postings of other users of Doctrz. empowerM shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, formation of statistical data and marketing products and services incorporating such information, even upon termination or suspension of your user account with Doctrz.
Additionally, you grant empowerM and its registered Users a non – exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Doctrz, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Doctrz, without any further consent, notice and/or compensation to you or to any third parties.
Copyright & Trademark: empowerM and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, design, source code, content and other materials, which appear on Doctrz. Access to the Services does not confer and shall not be considered as conferring upon anyone any license under Doctrz or any third party’s intellectual property rights. All rights, including copyright, in these Services are owned by or licensed to empowerM. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of empowerM . You shall not be authorized to share or copy UI, design, source code or any content or materials available on the Website with any of our competitors. You may not modify, distribute or re-post anything on this Website for any purpose. The Website names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of empowerM. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply empowerM endorsement, sponsorship or recommendation of the third party, information, product or service. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of empowerM or its suppliers and protected by Indian and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by empowerM, one of its affiliates or by third parties who have licensed their materials to empowerM and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of empowerM and is also protected by Indian and international copyright laws. When providing us with content or posting content on our Website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
Objectionable Material: You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Termination: This User Agreement is effective unless and until terminated by either you or empowerM. You may terminate this User Agreement at any time by providing [30 (thirty) days’] prior written notice by email to firstname.lastname@example.org informing us in writing that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. empowerM may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to empowerM. Upon any termination of the User Agreement by either you or empowerM, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. empowerM ‘s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Services already ordered from the Website or affect any liability that may have arisen under the User Agreement. We reserve the right to (i) store and use any residual information or back up created by our internal server upon termination of this User Agreement, and (ii) retain information provided by you on a medical history form, whether such information was submitted by you directly to the Website or to any healthcare professional or organization, through the Website.
Limitation of Liability and Disclaimers: The Website is provided without any warranties or guarantees and in an “As Is” and “As Available” condition along with all the problems and technical issues or otherwise. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while empowerM tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. empowerM 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 Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, empowerM or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services, unavailability of any of the services, inaccuracy of data or this User Agreement. Without prejudice to the generality of the section above, the total liability of empowerM to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the annual fees charged to you. empowerM its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, empowerM assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, human error, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. empowerM shall not be liable for any consequences resulting from your actions or participation on the Website or any of the services offered on the Website. Any such liability shall be solely and exclusively borne by you.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Service.
The Website enables Users to communicate with other Users or to post information which is accessible to and may be used and collected by other Users. Such Users, and moderators or administrators of any forum where information is shared and made accessible by the Website are not employees, representatives, agents or nominees of empowerM and are not authorised to bind empowerM to any contract. The statements, opinions and other information provided by such persons do not represent the views of or information provided by empowerM. empowerM expressly disclaims any liability from any reliance or misuse of such information that is made available by Users or visitors to the Website in such manner.
Medical Disclaimer: empowerM reminds you that the Service or Website is not meant to serve as a substitute for your own professional medical judgement. We do not encourage you to pass any medical judgment solely based on the content or Comments available on the Website or the Services. In the event that you do substitute the Comments or content available on the Website or any of the Services for treatment or a medical judgment, you shall be solely liable for any consequences arising out of the same and you will not hold empowerM liable for any such judgements you make. The Contents and Comments of Doctrz is for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Persons accessing this information assume full responsibility for the use of the information and agree that empowerM is not responsible or liable for any claim, loss, or damage arising from the use of the information. empowerM does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on Doctrz. Your reliance upon the Content obtained or used by you is solely at your own risk. . You should always exercise your professional judgment in considering any treatment plan made available on the Services. empowerM encourages you to confirm the information made available or otherwise obtained through the Service/Website with other reliable sources before undertaking any treatment.
Website Security: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from empowerM on this Website and other than generally available third party web browsers (e.g., Safari, Google Chrome, Firefox, Netscape Navigator, Microsoft Internet Explorer).
Entire Agreement: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and empowerM with respect to our Website/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website/Services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.